City Council - Regular Meeting

with Captain.

I've been taking my kids serious since they were little and my husband still goes and and he's always like I try not to get Bill because he talks to me.

I think so. Excuse me.

Is it 9:00 already? Okay.

I'm going to be totally messed up. out of course. Not the comment, but just

Oh, this is a good idea. So, we can share it. No, I've got

a little very handy. Thank you. Are we ready?

Cut it. Okay. Good morning everybody. We're going to bring this meeting to order. Um you have to state your names. Who's here? Janine Hulk here. Greg Julian Janice Stinton. Melissa Lockhart.

Okay. It is February 25th, 2026. It is 900 a.m. and we'll have an invocation. Please. Before we pray this morning, it's with a heavy heart I tell you that uh the point city of Ponta Gorda has lost a great citizen. Robert Medcaf passed away this morning at approximately 7 am. Let us have a moment of silence for him and his family. I know how close he was to so many people here in this room. People from the fire department, police department, city council members, and I'm sure other citizens of Porto. Moment of silence, please. Heavenly Father, we thank you that we live in the United States of America, the land of the free, the home of the brave. We thank you that you look over us,

and we pray for your guidance. We pray for our military that secures the freedoms that we have. Father, put a hedge of protection around them. Father, we pray for our first responders who could keep us safe on the home front each and every day. Father, be with them in the split decisions they have to make. Father, we ask that you be with each family that is represented here today. Lord, we thank you for the decisions that the council will make today. We pray that they are pleasing to you and the people of Pontagora. Psalm 33:12 says, "Blessed is the nation whose God is the Lord." And all God's people said,

"Amen." Pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. And I do all ask that all our veterans please remain standing to be honored and recognized. Thank you for your sacrifice and our freedom. Dr. Rikart, you have an announcement? Yes. No. Dr. Riker, I have

Dr. Rayart. I was just going to have our utilities director, Tom Spencer, come up and give a brief announcement. Morning, Tom Spencer, utility director. For the record, uh I just wanted to uh reiterate and bring up the uh watering restrictions that are in effect in Panagorta and most of the area. Um the uh Southwest Florida Water Management District has imposed a phase 2 water shortage uh restrictions, meaning that you can only irrigate your lawn one day per week and only once per day. uh state statute uh typically allows for irrigation uh between the hours of 10 uh uh midnight to 10:00 am and then from uh 400 pm until midnight. Uh that has been uh shortened. It's now from midnight until 8:00 a.m. and then from 4 um 6:00 p.m. until midnight. Uh we are doing enforcement. Uh there are city employees uh doing code enforcement driving around and making sure that you guys are irrigating on the right days. So, please check your your irrigation uh timers. Make sure that you're irrigating on the correct day. If you're unsure of your irrigation day, it's highly recommended that you visit our city website uh and search for the keyword irrigation in the search box up on the upper right corner. Uh that will take you directly to the irrigation uh and it is address based. So for instance, addresses ending in zero or one are Monday. Uh uh two and three are on Tuesday, three and uh four four and five are Wednesday. But if you review the uh the schedule on the city's website, it'll go into detail. There are allowances for establishing new lawns

and for plants. Uh and the instructions for that are on there as well. Uh, you are also only permitted to wash your vehicle at home on your watering day. So, if your watering day is on a Monday, you can't wash your car on a Saturday. Interesting. And a brief update on the water bill. Uh, on the water bill uh the uh House Bill 4077. That's correct.

Okay. Uh so that they have that that bill has been uh uh removed from the agenda and we are working uh on the interlocal uh that is satisfied the need of uh that bill that house bill 4077. So as we move forward today with our discussion uh on the uh interlocal water planning bill uh just know that that is that is taking the place of that and is still uh gives us the autonomy that we need to to uh operate our utilities within the city. Thank you Tom Greg.

Yes. Yesterday marked the 35th anniversary of the beginning of the ground war in Operation Desert Storm. And I'm pleased to announce that on 24 October, the new Desert Storm Memorial in Washington DC will be dedicated. And secondly, I'd like to uh commend all of our Olympic athletes for the tremendous success this year. And and then thank Tom and Missy for all the hard work they did on our interlocal um to make this u day possible. That's it. Anybody else have any announcements? Thanks.

Our next meeting will be here in this room March 11th, 2026 at 9:00 a.m. Okay. And agenda approval. Anything? Anybody want to amend or pull?

And you do know that we have 4 C and 4 D added today. Okay. Okay. Next is going to be the service award for Mark Strather. All right. Tom Spencer, utilities director again. Uh, it's my pleasure. Come on up, Mark. It's my pleasure to recognize Mark's brother for his 10 years of dedicated service to the city. Mark began his journey with us on February 2nd in 2016 in the wastewater treatment plant maintenance group. In December of 2022, he transitioned to the wastewater collections division as our shop foreman where he's continued to make a measurable impact. Mark is the kind of employee that every utility relies on. He keeps the shop organized, fully stocked, supports field crews by getting the parts that they need when they need them, and maintains detailed records on the division's vehicles and equipment. He works closely with vendors to ensure materials are on hand and routinely performs minor repairs that keep our operations running smoothly across multiple divisions. In addition, Mark is a certified welder and fabricator who's built and modified tools and equipment that directly support our field operations and improve efficiency. Most importantly, Mark is well respected by his peers and recognized as dependable team focused professional. Mark, thank you for your 10 years of service, outstanding service, and for the pride that you bring to your work every day.

Thank you. Next is a proclamation for American Heritage Day, Irish American Heritage Day. Mr. Doyle, Kevin, do you want to come up? Do you have anybody else with you today? Max is supposed to be

so we'll go ahead and start it. His son Max will be here as well. The proclamation reads, "Whereas by 1776 nearly 300,000 Irish nationals have immigrated to the American colonies and played a crucial role in the revol revolutionary war. Five signers of the Declaration of Independence were of Irish descent and three signers were Irishborn. And whereas Irishameans helped fashion a system of government for our young nation and have continued to shape the nation's history. 22 presidents have proudly proclaimed their Irish-American heritage and Irishborn James Hoben provided the architectural plans for and supervised construction of the White House. And whereas Irish Americans have bravely defended this nation, such as Commodore John Barry, who fought the last sea battle of the Revolutionary War and the five Sullivan brothers who made the ultimate sacrifice during the battle of Guad Canal and were later honored by commission of the USS the Sullivans. And whereas the Irish first came to Spanish of Florida, Spanish Florida in the 1500s, first as missionaries, as mercenaries, and then as planters, traders, businessmen, doctors, and administrators. Three Spanish governors of Florida were Irish military officers. Other Irish Fidityians of note include Father Richard Arthur Arthur, who established the first public school in America and opened it to children of all backgrounds, and Andrew Jackson, who served as Florida's military governor following its acquisition by the United States. Whereas since America's inception, Irish Americans have provided and continue to provide leadership and service to this nation's political, business, and reli religious establishments. It is fitting and proper to celebrate the rich culture, heritage, and many valuable contributions of Irish Americans. Now, therefore, the city council of the city of Pontagora, Florida, does hereby proclaim proclaim the month of March as Irish American Heritage Month, passed and duly adopted

today. And what I want to say, and I had to write this, um, we are so grateful for the Celtic Ray and you're you're incredible. Kevin Doyle and his son Max. They truly represent the Irish culture. not only through their wonderful food and beverages, which we all have probably tasted, but through their spirit, resilience, and unwavering heart for our community. Time and time again, even through challenges like Hurricane Charlie and others that have followed, they rolled up their sleeves, worked tireously to reopen their doors, and serve Quentagora with warmth and pride. Kevin and Max are true pillars of their Irish heritage, exemplifying the values of perseverance, hospitality, and community service and spirit that define our Irish Americans. I am proud to recognize them in honor of the Irish American Heritage Month and celebrate all that they continue to contribute to our to our city. Thank you, Kevin and Max, for all that you do. Yeah.

Okay.

Uh I'd like to say that uh I I came to Ponagod 45 years ago and I'm still here. I did leave a few times, but like I say to everybody who leaves, they all come back and I did too. The only thing I missed uh about my old country was the Irish pub. So, what I wanted to do with this one was I didn't really mean it to get this big, but I did want it to feel like you walked into Ireland when you walked in the door and when you leave you go back to Florida in particular. And uh I think we've achieved that and pulled it off and we've stuck to our guns and we've been through all kinds of storms and other challenges, but we still that we're still here and we're not going anywhere. And thank you for all your support over the many years. It's been 29 years as of last week. Thank you.

That's awesome.

You're not celebrating St. Patrick's Day by chance, are you?

Oh, there is that. Okay, next is going to be public input. This one is going to be for anyone wishing to introduce themselves as nominees for a board or for a committee. They may do so at this time. Those who choose to speak must state their name for the record. Good morning. My name is Bob Peterson and I recently submitted my application for consideration to serve on the city of Pentaga code enforcement board. My wife and I moved here in December 2003 and are now in our 23rd year living here. Next month I finished my ninth year serving on the Charlotte Community Foundation board of directors. I've served for three years as the board secretary and four years as the vice chair. In these nine years, I never missed a board meeting, nor an executive committee meeting. I'm also in my ninth year volunteering for the Panagora Police Department, having served four years in the Marine Patrol, and now I'm in my fifth year on the road patrol. I believe I could describe myself as being reliable and dependable. I'm also a veteran of the United States Army. I appreciate the opportunity to present myself today, and if approved, I would look forward to serving on the code enforcements board. Thank you very much.

Thank you. Thank you, sir. Anybody else? Wait, are you for for committee? No. Are you sure? We might have an open spot or two. Not for me. One last time for a board of committee, please. Okay. Now, anyone wishing to address the council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. Okay. Please be kind when you do this. Okay. Go ahead. You ready? Your turn.

Good morning, Joe Camarano. Um, I'm a resident here in Pontagora, and as many of you know, I do play pickle ball. Um, and thank you, uh, Melissa for sending me the, uh, the drawing of the proposed uh, pickle ball courts at Gilrest. Um, I took the drawing and put it in the chat. GPT and I asked Chat GPT to create a sixcourt pickleball facility that takes into account pace of play uh all levels of pickle ball from beginners learning to play with families all the way up to 5.0 pro players and it took the drawing that we had and it created a new drawing. The drawing is very similar with the exception of a handful of items which I do believe um could be modified with a change order so we can get these implemented with this this this change that's coming. It's simply I I have it right here if you want it. If you don't want it, that's fine. I can send it to you. But really what I'm asking is to just add two additional gates or you can add only one additional gate if you strategically place it. and then the center uh fence uh not going all the way to the end. So essentially what we have on the current plan is two sets of three courts. And what I'm proposing is one set of six courts which would increase pace of play, make it safer and you would you would uh eliminate people walking from one court behind other courts playing by adding additional gates. would also only have one paddle up area, which I think would make it simpler and easier for out of town guests to figure out where they would put their paddle and and really just make it self-explanatory. So, that's all I'm asking. The other comment I want to make is um the website has been updated and I thank you for that because when you talk about the

water restrictions, I asked them, my friends, they didn't know about them. And with the new website, all you have to do is put in there city of Ponta Gorta, the city web page comes up and that's the first item and it's hyperl on to telling you what the water restrictions are. So, I know there's a lot of work goes into updating websites and I just want you to know it's it's wellreceived because now you know and I know that the watering your or washing your car on the day of your lawn services is a new addition. So, you wouldn't know that unless you clicked on that link. And the other item I wanted to discuss, and I don't know if it's right now or later, but on the agenda today is the Bayfront Center. And I just wanted to uh talk about that that I looked at the budget proposed budget for that and there's some line items in there and I don't know if now is the time to talk or later when it comes up that I think may be a little skewed and um just wanted to bring that up because landscaping is quite expensive and there's a $14,000 placeholder for landscaping. Uh there's two benches in there that are $10,000 each and I think that we can spend our money uh elsewhere. And if we bought a $10,000 B two $5,000 benches, we could afford to put two additional gates in the pickle ball facility. I don't know if that's approved in the bureaucracy of Florida politics, but um that would be my recommendation. Thanks for listening. Have a great day.

Thank you, Chuck.

Cindy O'Hara of PGI for 28 years. Um, I am very thrilled and happy that we had three candidates step up to the plate this p of in the 2024 election. Poke, Julian, and Denton. We needed to clean house and we needed to bring in honest people. So I'm very happy that they are on our council. Now what I'm seeing because I have a lot of political experience. I worked at a state capital as a researcher for six senators. I'm a former elected public official to a board of finance. I studied government and law on a full tuition scholarship at Wesleyan University. And I am and I actually formed a third party in Connecticut in my town because I got tired of the bickering between the Republicans and the Democrats. And what I see here is inexperience. And it's very concerning when I've lived here 28 years. My family and I have investment properties. We own lots of properties in Pontagorta, including a track at at the end of PGI that overlooks the harbor. We own business properties that we rent out. And I'm seeing this Bayfront Center as a complete charade. We have a town planner that hasn't been here for about but maybe a year. I don't see him having the experience of knowing what investors want in a waterfront community which needs to keep bringing being attractive to uh tou tourists and buyers and uh and you don't want to see the sellers take a a hard hit because we have an inexperienced council that doesn't know what to do with a prime waterfront harbor front no less which is really rare piece of property and want

to slop a a pavilion or an open air structure on this beautiful prime piece of harbor front property when we already have six pavilions in the back there. I left a pile of sheets and I went around to a few homes last night and over the weekend uh and passed out a flyer. There's a flyer back there that tells my arguments on what needs to be done with this property. We do not need another open air structures. Four out of six of them are constantly empty. It would be a total waste of money and and just a total disservice to our community. We need to all these people that have very expensive homes on waterfront in PGI and other places. This is an investment for them. There needs to be nice things to attract people to purchase here and want to be here. And we have a constant rollover with it being a 70some average age community. People are constantly leaving and dying going back up to where their kids are because they can't take care of themselves anymore. So we need to be very smart about how we handle this. And with the lack of experience, I'm a little shocked that you didn't form a building committee with realtors and builders on it. Good morning.

Hello. My name is Gary Weine, former council member. I want to first thank all of you for your service. I've sat in your seat and I understand what what it does and the implications it has. So again, thank you very much. I'm I'm here to speak uh just briefly on the behalf of the Peace River Wildlife Center. Uh it's been the wildlife center has been a wonderful asset of this community since 1983. uh enjoying the the lovely spot in Pon Park until about a little over 11 years ago. It beca it came to light that the Pon Park uh facility was being offered to us by the city and the a previous city council prior to myself and Tom Kavanagh. I want to mention uh accidentally was renting this property uh at a that didn't belong to the city uh which precipitated the possibility that the Peace River Wildlife Center almost left Punta Gorta. Uh but fortunately uh clear hearts prevailed to keep this wonderful asset in the city and uh as a result we're uh with the generosity of the city have been able to uh consider the the new facility that we are wanting to build and you're going to be considering for us today. So again I want to thank you very much. Uh we want to maintain oursel as being the wow asset in the city. Uh and uh I'm not going to use my whole three minutes. Take care guys. Thank you.

Good morning, mayor and council members. My name is Robert Foron. I live at 115 Tropicana Drive in Pontagorta. I recently received a notice of violation on my retractable fabric boat cover and I have formally appealed that notice as I do not believe it violates the code chapter 6 section 2.1. I've been coming to Pontagorta since 1984 when my father moved here from Grand Haven, Michigan. I wasn't sure how he found PGI, but the thing that he wanted was a vibrant boating community and an area that he thought he could catch a ton of fish. My bad, my my dad first moved here on Don Coyote and PGI. The city of Punagorta did not allow any extra cars parked in your own driveway overnight. Obviously, the city recognized it was wrong and has changed that rule now. I bought my first house here in 2013. I have had to deal with all the hurricanes, including Charlie, with my father, and have it had a very up close and personal view of what a hurricane can do to a community. I had my cover installed last September thinking my cover did not need a permit since I can easily remove the fabric portion of it in less than 10 minutes. It is not a permanent boat cover and works the same as a snap cover, but has a slide down the middle to help you get the fabric off and on, which is good for a 66 year old man. I have pictures of it hanging on the front of my boat and fully covering the boat. I can leave the pictures with a city board to discuss. It fits tight to the boat and does not have any overhang as it has a ratchet strap to tighten it to the boat as much as you can. Although I believe the canopy would make it through a hurricane and have physical proof, I would never consider leaving it on during one. It has one cotter key and the whole cover slides into your boat and into a bag for storage. In closing, I respect respectfully request the city to review how these modern retractable systems are classified under the ordinance. The system does not create a permanent roof structure as contemplated by the ordinance. It does not enclose space, add piling, or expand the dock footprint. Thank you for your time.

Thank you, sir. Also want to say, John, my neighbor and me just put Astro turf in. So, if anybody needs an extra day for watering, might be for sale for them. Oh my. Good. Good morning. My name is John Nichols and I'm Punagora Isles property owner as well. I am here because this issue affects multiple residents including myself. The retractable fabric boat cover system is different from permanent canopies. They do not create permanent roof structures or closed buildings. They're not change dock footprints. I respectfully ask the city to review how these retractable systems are classified. Thank you. Thank you.

Good morning. My name is Deborah Codallesa. I live at 160 Bay Short Court in Bonagort Isles. I'm here to revisit an issue that I brought before the city council before most of you were here uh several years ago, which uh involved my neighbor across the canal um putting in an unpermitted um patio structure with a permanent court light and basketball court and court painting for a basketball court. Um, at the time the city was considering an ordinance and unfortunately I got very ill with sepsis and I wasn't able to come to the last meeting and I know that councilwoman Lockheart had family issues and she wasn't able to complete it. the problem is still there and you know the city zoning and whatnot kind of dropped the ball on regulating it and I would like to ask respectfully ask the city council to consider putting a time restriction from 8:00 a.m. in the morning till 6:00 p.m. at night. Um I I know that u lawn equipment and construction has different hours, but nobody mows their lawn 365 days a year. Nobody does construction 365 days a year, year after year. Um, so I I think that I should and my neighbors, one of which is here, we should also be able to use our property um peacefully and enjoyably um especially with the way that noise travels across um the water. If you've ever listened to basketballs and sometimes these people play with three or four with six, seven, eight kids out there. They have six of their own, so do the math. Uh anyway, I I just I just can't imagine trying to sell my home and having an open house and having something like that going on. Um, so I

would very much like to have the city council consider some type of restriction because you never know when it's going to come up next to you or one of your neighbors and it's going to impact you on a day in and dayout basis. So um, that's pretty much it. And I think Melissa has some um, video to show later to give you an idea. One of the things they put in there was a 25- foot sports court light. And I would ask that if you put a restriction on time that at the time that that the restriction ends at night that all court lights have to be extinguished because I've seen them leave it on for hours after they're done playing. And it is very bright. It is a professional double-bladed solar court light. It's massive. It's 25 ft tall. So, and and again, I don't think it's appropriate for here. We live. I bought here in a deed restricted community because of the regulations, because of the control. I know Melissa knows I'm a I'm a veteran and I'm also retired law enforcement and I did not move here for that. I appreciate your time. Thank you.

Thank you.

Good morning. My name is Bob Crook and I also own a property on Beayshore Court in Pontagorta. I moved here to Pontagorta as opposed to Fort Lauderdale or Cape Coral because this was a nice community, a nice community that maintained its canals, uh, had public sewer and public water. What I thought is that this was a community that enforced their own laws. I moved to a deed restricted neighborhood. For some reason, the city has allowed a basketball court to be installed on a property right across from mine. People kids are playing till all hours of the night. You can't sleep. The lights are 25 foot tall. My understanding is that the city has a law that you can't put in a light in your yard that's more than six feet tall. How did a 25 ft light get put in someone's backyard? It's across the canal. I'm sure people understand that light reflects. So when this light is on, it reflects across the canal into my property. I can't even see stars at night. I lived outside of New York City for 35 years. It was subject to something called light pollution. We have now allowed a resident to

install 25 foot large lights that basically are light pollution. A society that does not enforce its own laws and regulations is a society that falls apart. The last time I was at a city council meeting, it was in a much larger place. I'm looking around this room and I have been into homeowner association meetings in larger facilities. This is a city, a predominantly beautiful city that are we trying to restrict people from showing up to city council meetings? I I'm very very concerned of what has happened to this city and whether or not we have the right people representing the city in professional capacities as well as council people. Thank you for my time. Thank you.

Hi, my name is Brad Mowen. I live in PGI Isles. I just bought the house last year. Uh I told myself I wouldn't buy another boat, but I did buy another boat and uh I bought the cover the manufacturer for the boat said I would fit. It's all custom made and stuff. I went in the garage to pick I can't even pick it up. I can't imagine. I need like four people left. So, I researched covers and I bought one of these new retractable covers cuz I read the man. I didn't have any idea that because I knew about canopies before I bought the house and I was fine with that, but I didn't imagine that a cover would weigh that much and how dangerous it is to try to put on a boat. Well, I since bought a small cover and put that on, but it's very difficult to put on. I have a a a helm up on top of this little boat. It's a 27 26 ft boat. Um, I'm just not able to cover the boat myself. Uh, and I I don't really I'm kind of stuck. I bought one of these new marine covers. They've measured it all and now I hear there's an issue. the gentleman that was up here and I'm just wondering if we can resolve this. You know, this this new cover is there is an automatic one that won't work on my particular boat. I researched that, too. So, this basically is the same thing. It's just it's manual and you can slide it and take it all off. And my plan is to take my boat I bought a building up on Taylor to put the boat in in hurricane season. You just uncip the cover and it falls right in the boat and you drive the whole thing right in the building. So, it's a it's a new technology. I'd like it if the council would consider a way where uh we could protect our property, our boats without being intrusive on anybody. I don't believe that this one is or I

would have never ordered it. I thought, "Wow, this is wonderful." So, um I'm here right now just trying to figure out which way to go. I've paid for three covers now and I'm not using any of them because the one light little one is just too difficult for me to put on. I have to get I'm trying to find people. People don't show up to put boat covers on. They'll wash the boat and do all this. But when you come and go, um boat covers are a problem. And it's a nice boat. Boats have doubled in price right now. that taking care of them is important. Um, so I'm just here to tell you the situation I'm stuck in here and wondering if we could get some way to get this type of cover, which I think is a great solution for this issue of uh, you know, canopies and whatnot versus covers and uh, so that's why I'm here and thanks for your time.

Thank you. Hi, good morning. I'm Ed Watitzky. Uh I'm here for uh I'm an attorney in Punagorta. I'm here on behalf of Peace River Wildlife Center. Uh and I just this is I really just got up here right now to ask a question. Uh the matter involving the subordination of the uh required by our lender is on the agenda, regular agenda. Uh would it be more appropriate to uh and I'm here to answer questions or go over the uh subordination request. Uh would it be more appropriate for me to you know enter the discussion when this is on the agenda? Maybe.

Yeah. Normally we don't during that but if uh council is acceptable of that we can definitely Is everybody okay with that? Yes. Any questions? Okay with that. Okay. Yes sir. All right. Thank you. Well, good morning everybody. I want to first Tim, state your name, please. Oh, Tim Richie.

Thank you. Citizen Watersar, founder and president of March Against Mosaic. When you become a caretaker for your parent or one of them, it it's the biggest honor we have in our life. And when you have to dial 911, I I have to tell you, we have a great fire department here. And I want to thank Lieutenant Alex Davenport and the staff that came to my mother's house at my house to to help her. Just thank you very much. I also want to let everybody know that a an incredible environmental advocate and a recent commissioner in Manatee County, District 1, Carol Elts, unfortunately has left us and passed away. She was found in her yard. Now, last Wednesday, and a lot of you people here don't know exactly what I do, but what I do is if I were to ask every environmental advocate in this room to stand up, I can assure you there's only one in this room, and that's me. We are very few and far in between. I thought I had a high compliment paid by Senator Al Britain. City Council member Julian heard him say, "The study was created at FGCU because of my environmental advocacy. My work, not yours, mine."

But imagine three weeks ago, planning commission manatee voted six to zero to deny Mosaic, extending the Mosaic four corners, 60,000 acre mine by 14 more years. They already have four years already on the permit. 5 to2 vote. Carol Felts was one of the nos and Dr. Bob McCain and thank you Dr. Bob was the other no. Imagine how I felt when I drove home and I heard 15 minutes after that vote and President Trump, you were wrong to pass the critical mi minerals putting glyphosphate and phosphate mining as a critical mineral on the list. That is complete poppycock. Our watersheds are dying.

Thank you. And lastly, before I finish, Mayor Tim, you need to stop, but thank you. At the end. Yes, ma'am. Anyone else wishing to speak? Second time. Anybody else? One more. I thought somebody was going to get up. Okay, let's move on. There are no quasi judicial uh public hearings today. So, we're going to go on to ordinance and resolutions for a

a resolution of the city council of the city of Panagorta, Florida, amending the budget for fiscal year beginning October 1, 2025 by providing for supplemental appropriations and in the amounts identified in in exhibit A and providing an effect. Good morning, Kristen Simeone, finance director. This particular appropriation is for the addition of insurance revenue in the associated expenditures for vehicles and hurricane Ian annex partitions and rent. Um the rent was for prior fiscal year but we're getting reimbured now. You have any questions? No questions. No questions. No.

We're going to open this up to the public. Anyone want to speak on this? It's no public. Okay. Oh, excuse me. I am so sorry. If no discussion, I'll move to approve 4 A. I'll second 4 A.

We have a motion and second on the floor. All in favor? I oppose. Motion carries. Thank you. 4 B. A resolution of the city council of the city of Pontagora, Florida amending the budget for fiscal year beginning October 1, 2025 by providing for reappropriations and supplemental appropriations in the amounts identified in exhibit A and providing an effective date.

Um Kristen Samo, finance director again. So these are for the enterprise funds, utilities fund, um sanitation fund, and building fund. Um, finance has reviewed the reappropriations in appropriations that were requested by the divisions. We did discuss with the divisions um the various requests. We were able to determine that um some of those items would not be needed. So, we did reduce the requests by $492,000. Um the reappropriations are items that were budgeted in fiscal year 25 but that were not completed or purchased by the end of the fiscal year and so are being asked to be carried forward to the new fiscal year. Appropriations are there were some remaining budget left but therefore a new purpose in fiscal year 26. So, um on the attachment, those appropriations were specifically for um additional funds for the hydrant maintenance program. So, in fiscal year 26, the division did budget 200,000, but based on um the current contract that is let for that, they think they're going to have some additional expense expenditures required. They did ask for $100,000 for that. um $6,300 is from a um R&M account that they're adding to um a capital account for additional need on the cost of a vehicle. And then for building fund, there was $60,000 that they're asking for for anticipated document volume um increase on a scanning project. So, they've been trying to scan all their records. They've been doing it over the past several years. Um they still need additional funds to continue on with that project. All the justifications were attached. So if you have any questions, we can um go

over that as well as the departments are here to to discuss. Do you any questions? No. I don't have a motion. Motion to approve 4B. Second that. We have a motion and a second. All in favor? I opposed. Motion carries. Thank you. Thank you. 4 C.

A resolution of the city of Pagora, Florida relating to the state revolving phone loan program, making findings. Authorizing the loan application, authorizing the loan agreement, establishing pledged revenue, designating authorized representatives, providing assurances, providing for conflict, severability, and effective date. Drinking water project number 08034. Good morning. Tom Spencer, utilities director for the record. Uh this is the uh resolution required uh by the SRF authorizing the application. Uh the application is due on March 12th. So we're looking for council's approval of this resolution.

Any questions? No questions. Motion. Move to approve. Go ahead. Move to approve 4C. I'll second that. We have a motion and second on the floor. All in favor? I oppose. Motion carries. 4 D. A resolution of the city of Pentaga, Florida relating to the state revolving fund loan program, making findings. Authorizing the loan application, authorizing the loan agreement, establishing pledged revenues, designating authorized representatives, providing asurances, providing for conflict, severability, and effective date. wastewater project number 08035.

Again, this is the uh uh required uh authorization resolution for the SRF application that is due on the 12th for our wastewater infrastructure projects. Greg, would you just mention for the benefit of the audience the repayment terms? So, this is uh 50% forgiveness and 50% at 0%. Thank you. Move to approve 4D. I'll second 4D. We have a motion, a second on the floor. All in favor? I opposed. Motion carries. Thank you. Thank you, Tom. Anybody want to pull anything on the consent agenda? If not, can I get a motion?

Go ahead. Motion to approve consent agenda. Second. We have a motion, a second. All in favor? I oppose. Motion carries. Okay. Next, we're going to go to our regular agenda. Charlotte County Transit presentation.

Good morning. Good morning. Um, good morning, city council. Heidi Maddox. I'm the Charlotte County transit operations manager. U pleasure to speak with you today. Let me just make sure I want to Okay, perfect. Can you try to speak into the microphone a little bit?

Yes, absolutely. I will try not to move too much for you today. Um, so I typically start off with my presentation um, you know, asking folks, you know, have you heard of us? Have you seen us on the road? That kind of thing. Um, but I'll just draw your attention to the slide in front of us. Um, and that's what our current fleet looks like. We have four different size vehicles. Um, and that's the current system setup. Uh, Charlotte County Transit is a shared public transportation system. We run curb to curb. Um, not doortodoor or with fixed stops that you see in other entities. Um, who who can ride, right? Anybody. The public can ride. As long as you're in the service area, you can ride with Charlotte County Transit. Passengers 13 and older can ride by themselves. And if you're under 13, uh, an adult is required to accompany that passenger. Transit vehicles are accessible, allowing for, um, us to transport folks in wheelchairs, scooters, or with a walker safely and secured on board. The slide we're looking at now is our current service area. So, the light pink color is the weekday service area. Um the Saturday service area, we do run a more condensed area and that's the dark shaded pink. The yellow outline what you see there, that is the um city of Panagora limits. Um so just wanted to show you the the overlap on that. Um I would also uh draw your attention if you visit the website Charlotte County Transit, put into Google, you can pull up the website, there is an interactive service map on there. So users are able to enter um you know their home address or their starting address as well as you know where are they wanting to go and it will pop up and notify the user whether um that address is serviceable Monday through Friday and or Saturday.

Um questions we get often where can we go? I think, you know, a lot of folks that we speak to in our outreach programs, they think they can just go to medical appointments, but that's not the case. Um, our number one purpose right now is employment. Folks are using, um, Charlotte County Transit to get to work is a number one, then followed by medical appointments. Um, but you can get to, you know, um, the schools, you can get to grocery stores, rec centers, um, the airport, uh, you know, using, uh, Charlotte County Transit. So um users do book reservations um to use the service. Um currently we are booking two weeks in advance. So if you call 94155754000 option one um you can book two weeks out from today. Okay. Um if you're using the uh Charlotte Rides mobile app, which I will get to in a later slide, you can book out one week at a time on that mobile app. Um, we do our best to accommodate same day trips, next day trips. That is a big change that we've seen just in the past two years where there was a 72 to 96-hour uh minimum requirement on requesting a trip. We've really tried to button that up um by launching new software back in 2023 that allowed the system to not only be more efficient in its running, but also um remove that minimum requirement for for requesting a trip. Reservations are taken 7:00 a.m. to 5:30 p.m. Monday through Friday. We are currently not taking reservations um on Saturday, meaning you you just can't call to make a reservation on Saturday, but through the Charlotte Rides app, of course, you have that capability 24/7. Um so, as I mentioned, the Charlotte Rides mobile app, we launched this um back in 2024 in uh November of 2024, excuse me. Um we had a delayed launch

just due to a couple, you know, backto-back hurricanes that we all went through. Um but since then it has the app's been very successful. Um we have um I think close to 2,000 users on the mobile app that use it regularly. Uh the average age just fun fact the average age of the user app is 42 while our average age system user averages at 55 years old. Okay. So, this screen that we're looking at here, um it does have the QR code to um take you to either the um the Apple Store or Google Play Store if you're using Android um to download the app. Um but this gives an gives uh us an idea of what it looks like when folks are using the app, right? So, um folks can see the trips that they're that they're requesting on the lefth hand side. Uh the middle of it um the middle slide there shows um as the trip gets closer to your pickup time, let's say. Um you can see where that bus is on its way. Okay.

Yeah. And then the last one is um just upcoming trips that the passenger may have booked. They can also click through the tabs. They can see past trips they've taken or cancelled trips. Um, users can not only can they book trips through the mobile app, but they can cancel trips booked through the mobile app. Okay. Um, so folks when they call they say, "Hey, when can I expect the bus?" Whether you're booking through our dispatch center or you're booking through the Charlotte Rides mobile app, um, the passenger will receive a 30 minute pickup window. Okay? And that is based on the time that you want to arrive at your destination. So, for instance, you have um a doctor appointment at 10:00 a.m. You request a drop off at 10:00 a.m. and the window pickup time will be a half hour window pickup time just based on um what the system is looking at at at the time. Remember, it's shared ride. So, you may be picking up people or dropping off people on the way to the doctor. We strive to um have folks arrive at their uh requested destination within five minutes of that time. So, meaning your appointment's at 10:00 a.m., we strive to get you there for 9:55. We get you time to get off the bus, get into the building, and check in for your 10 a.m. appointment. We also have the option if uh passengers and they use this often, they can receive a reminder call the day before their trip. And during that call, they also have the option at that point to cancel their trip if they know at that time that they uh won't be needing to go to the location the next day. So, we talked a little bit about this about cancing your trip. You know, we talked about you can cancel it on the mobile app. Um we do uh require a minimum one hour notice of cancellation to avoid that missed trip um penalty. um we we certainly don't want to penalize folks for for missing trips, but there

is that efficiency and you know when you see continuous no-shows um there are um standards that are set for um warnings and that kind of thing. So again just talking about what a mistrip is. It's just a question that we get often so we just like to educate as many folks as we can. um a no-show that just means that the person wasn't either ready during that um pickup window. U the bus will wait for three minutes when it arrives at the location. It will stay there for 3 minutes. Um and then it does have to mark that individual as a no-show and carry on to keep on schedule. Um a late cancel is if somebody calls or they cancel it all on their app less than one hour. Again, that's a late cancel. Or if they get to the door and for some reason that passenger says, "Ah, I don't want to go today." you're going to be marked as a cancel at the door. Um, you know, we talk about folks um, you know, what can they bring on board? Um, and again, just for the safety of them and and others on board, we do ask that passengers just carry what they can limit to at their feet or on their lap. That also allows we're not taking up extra seats for other passengers who may need them. Um the biggest um perk to riding with Charlotte County Transit is that the fairs are free. Uh since March of 2020, Charlotte County Transit has not charged a a fair. Um and as of December of last year, fairs um officially became free when the resolution was rescended by the board of county commissioners. Uh one of the programs that Charlotte County Transit does partake in is the transportation disadvantage program. Um this is uh based on um eligible criteria. Uh there is an application that needs to be filled out and this this has always come in handy. Um certainly when we were charging fairs

passengers received a reduced rate. Now these applications are good for three years. So um as uh new passengers come on board uh we do have a program coordinator that reaches out individually to each new passenger just to welcome them aboard and explain the program. And because these applications are good for three years after confirmed eligibility, you know, if Charlotte County Transit was to start charging fairs during that period, that passenger would be um eligible for a reduced fair. One of the things I like to talk to uh folks about certainly during outreach is the transit development plan. And some of you may have been part of this um process when we did our major update um just a few years ago. It's a plan. It's not a budget. It's not a capital improvement program, but it looks at the needs of the community and at a 10-year horizon. So, what is the community looking for? What are those needs that are out there? Um, and from that, the 10-year needs evaluation based on ranking, number one was microtransit. That's a smaller condensed version of what we do now in in more of a zoned area. um all the way down to some connector routes, the fixed routes that you see in other areas. Looking at the slide now, this is um the needs based on that screen we just saw a moment ago with the 10ear 10-year plan in place. Um we see some microtransit zoned areas based on the colors. We have East County, South County, uh Mid County. Um and and those are suggested microtransit areas, which is just smaller vehicles staying in those zones, taking people to and from um destinations in those areas. We see some um some circulators um coming out of West County, the purple line up to Murdoch. Uh then another connector down

41, a connector down uh to the south of us, and uh an airport connector as well. So the these are these are projects that are certainly on Charlotte County Transit's radar that we're working through and and you know um taking a look at piece by piece. You know what what can we chip away at? What can we uh start introducing as far as service um in the area from the TDP. There were a few enhancements that were suggested. Um you know currently Charlotte County Transit is working on a rebrand. And so I showed you the slides at the beginning of what our vehicles look like. Excuse me. Currently, um, we are in the process of rebranding and getting a new look on those vehicles. So stay tuned for that. Um, the expanded marketing outreach program for a long time, you know, coming out of the pandemic, um, we just weren't doing that outreach. Um, it wasn't something that we could do certainly during the pandemic because you couldn't put too many people on the bus, right? So we have, um, definitely expanded that marketing outreach program. we do have a dedicated mobility manager on site now or on staff and that's her number one priority. So, she's out there at HOA, she's out there at different agencies, um different uh living facilities just talking about the service that we provide and explaining to users how to use it or how to use that mobile app as well. uh multimodal implementation. That's going back to, you know, let's let's look at different services that we can introduce into our current um service area just to help with uh some of those needs of transportation. Um and then new replacement vehicles. Uh we have started replacing uh vehicles already just, you know, um the fleet is is is starting to age and it's at that point today. Um, for instance, at the Charlotte County Board of Commissioners, we have six new vehicles to replace vehicles going uh for approval. So, we're working on that

and we're aware that that is a need to be taken care of. We talked about the microransit areas. Um, one of the areas is within the city limits down to the south there, that yellow area. So that's

that's one area we we honed in on just based on the fact that um there were so many trips to and from uh within that area within a three mile radius. So uh current current service area, you know, we looked at it as far as where do we serve, you know, Monday through Saturday, but looking at this, the blue is our current service area. Uh green is we're looking at future and then um the yellow shows the full county coverage and I talked about the community outreach program that we have. Um we do have a team that gets out there in the community. So um we are open always to um exploring new areas or new um locations that we haven't been able to outreach yet. They have a good time with that. Um I would be remiss if I didn't mention Charlotte County Transit's disaster efforts. Um certainly um during hurricane Helen and Milton um you know during hurricane Helen um while we didn't do too many evacuation trips what we found was there was a need um in the midst of the hurricane for uh the city of Panagorta to request use of some of our vehicles to help with uh rescue missions. Um, so we were able to initially provide uh vehicles that uh police officers and other first responders were utilizing to rescue um residents from their homes to get them to safety. Um and then as soon as the it was safe for uh Charlotte County contracted drivers to get back on the road, we relieved those first responders and took over those buses and those routes and and um was able to get folks to safety um to shelters. Um, I still get like, you know, it's been it's been a few years, but it still gets you choked up, right?

Um, Hurricane Milton again, uh, you know, I I think it was so close to Hurricane Helen that we were able to provide hundreds and hundreds of evacuation trips for, uh, for residents that that knew, hey, we've got to take um, a step forward and and and do this. Um, and then after Hurricane Milton, of course, we had a lot of folks that were displaced, not only from Hurricane Helen, but now from Hurricane Milton. And so, our staff worked really closely with the long-term shelters to um come up with a plan to transport um residents um from those long-term shelters to where they needed to go. This is just some of our um our efforts after the hurricanes when we were helping clear out shelters. And you can see the buses line up and everybody gets out. Um, how can you contact us? This information again is on our website. Main number is just the 5754000 and the prompts will be there for you. Contact information and any questions. I appreciate the opportunity today to be here in front of you. Thank you very much.

Heidi, thank you. This is a great program and I didn't know about it. So that's awesome. I do have a question. How are we doing with number five on your list with the Puna Trolley? Um that is something that does come up in conversation often. I think it's going to have to be a coordinated effort. Um because when we say the trolley, what are we looking for exactly? Right. So we do have parking issues as you know in Pagora. So I think it'd be beneficial on many levels for our restaurants, our hotels, our visitors, and even just regular people who want to get around. So yeah, I I would encourage collaboration with Charlotte County on that.

Thank you. just make a note. Okay. Janine hold for the record. So I this is something I brought I I brought to us because I felt like being on the MO board, you know, I get a lot of this information that I knew that our residents don't really have and and may not be aware of. So just like you, Councilwoman Denton, I hope that people out there will take advantage of it because it is free. It's free. Um question. Can this be added to our, you know, our public notice? Something that you send out regularly or Absolutely. Might take care of that for us. Our website, anything. Thank you. Thank you so much.

Thank you. Very good. Okay. Next on our agenda is loan subordination peace river wildlife center ground lease agreement. Ed,

I feel bad I didn't call you back yesterday because I've spoken with the bank and lawyers except for you. Um, I'm presenting this to you guys so you have an understanding of where the city's perspective and where the city's position is with this. First, it's Steven Levichi, interim city attorney. For the record, it's I need you first to understand that this is procedural in nature, that it is not substantive in nature. It's not changing the lease the city has from April 2020. So, Peace River Wildlife Center wants to loan approximately $3.2 2 million from Sovis Bank uh for a term of 60 months to do renovations or whatever it is that they're doing at their facility. It's important to note that this is the second proposed end or this is the second proposed um subordination agreement that's being presented to the city. The first one basically indicated the city could lose the property. Well, of course, we're never going to agree to that. So, this comes through and all it's doing because it's procedural in nature is giving the bank, Senovus Bank, a leasehold interest to the lease. What it does not do is the city still maintains their fee simple ownership of the property. So if whatever happens between the bank and Peace River, the city does not lose their property, the bank would end up holding a lean on the leasehold interest only. So if for

whatever reason, Peace River Wildlife Center ended up defaulting on their loan, the bank can foreclose on it and the bank can become the tenant. They assume the rights as the tenant under the lease, but the city is still in essence the landlord over the lease. Any foreclosure does not divest the city's title. So, you still own all the property. At the termination of the lease, the city still inherits all the improvements made. There is almost zero financial risk for the city with this. And when I say almost zero is you could end up paying, you know, put any kind of possible legal fees nominal to review if we had to send a default letter out to Peace River. So, all this does is slow a process down about 30 days. And I'll give you the hypothetical. If Peace River defaults on their loan, we would have to give the bank written notice that Peace River is in default and give the bank the opportunity to cure the default before the city can terminate the contract, the lease. That's it. It slows the process down about 30 days. It's also important to note that the ground lease stays in effect that this is a common routine practice with banks and tenants. I'm calling Peace River a tenant, but

they're the le on this. But it's common routine that tenants have to come in because your contract from April of 2020 indicates that Peace River cannot just assign their lease to anybody and any form of reassignment has to get the city's approval. So, all you're doing is is you are authorizing um that if in the event the bank has to foreclose, you have to give the bank notice of a default, you don't lose your property. You're still the owner of it and all the rights still come back to you. Now, if in the event or when Peace River satisfies their loan, this subordination agreement goes away, I have spoken with the attorneys for the bank, the bank representatives, the underwriters. Um, the only one I haven't spoken to is Mr. Watipsy so far. Um the bank received numerous financial disclosures from Peace River from years dating back. They are financially secured and I would like to believe that the bank would not be proposing $3.2 million if Peace River was not financially secure. So the bottom line with this is the city doesn't really have any risk with this. It's just a procedural aspect of what happens if in the event we have to terminate the lease or there's a foreclosure on on on the bank note. And that's it.

It's my re I shouldn't say it's my recommendation. It's my opinion because this does not harm the city in any way, shape, or form. I'm okay in my professional advice to you to say this is okay with you guys here for you. Any questions for me? Dr. Lasco, Debbie Lux, for the record. Um, in the lease though, they are supposed to have phase one done by, I believe, April 15th. If we have a lease with the bank, what does that do? Or I mean not a lease with the bank, but if we sign this subordination,

it it has it it doesn't change the terms of the lease. So the bank has no the bank is loaning the money. I understand that. But the bank has no rights unless they have to foreclose on their note. That's it. So they so but reading in here legally what it says is that if they have any issues we have to go through the bank

not go through the bank we just have let's say for example that the city believes Peace River is in violation of the lease for whatever reason if the loan is still intact we just have to notify the bank and Peace River. Hey, Peace River is in default. Here's what their problems are. And we have to let Peace River and the bank be notified so that the problem can be cured up to 30 days, giving them 30 days to cure the default. So, you're saying if the lease is going to end April 15th, they have 30 days to cure it. So, that they would have to be in by May. It's It's a 50-year lease. Yeah,

I I understand. But they have a contract saying that they have to be done phase one by April 15th, 202. That's something Peace River is going to have to deal with. I mean, that's the only way for me to say it. If they're supposed to have certain things done by a certain deadline, then they're still going to be obligated to have those done. So the even though the bank states you have to go through them 30-day cure, it's not going through the bank. No, no, no. I'm saying that number four. Are you Are you looking at number four of the lease? Yes. No, no, no. Of uh Yes. No. I'm talking about with the bank non-disturbance.

That is only after a foreclosure happens. Number four in regards to the subordination agreement is only if in the event foreclosure occurred. So it has nothing to do with the contract. So I think that really needs to be clarified

in the event of a foreclosure of the mortgage or a transfer of the ground lease. Um so long as there's shall then exist no breach default if there's a foreclosure on it. the leaseold interest of the lease under the ground lease shall not be extinguished or terminated by reason of the foreclosure. So that just means that if they default on their loan and the bank forecloses on the leasehold interest, you can't just terminate the lease because they defaulted. I understand that. My question is, what do you consider not being able to have phase one done

by Peace River Wildlife? What what is that considered? How does that work into this? Come on up. Sure. Yeah, sure. That would be great. Thank you, Ed.

Yeah. Hi. Uh, good morning again, Edwitzky. Um, the um uh the that provision of the lease that you're talking about that requires phase one to be substantially complete by April of 2026. We need to address that with you and with the council. Uh this is a 50 this is a 50-year lease with 50 I think a 50-year renewal option. Uh there have been a number of issues and events that are beyond the control of Peace River Wildlife Center that have caused the situation the Peace River Wildlife Center is in with respect to the timing for the completion of the phase one improvements. Uh the I want to be very clear though Peace River Wildlife Center is very committed to this project. Uh, Peace River Wildlife Center has expended, I don't want to speak out of turn, a lot of money, probably around close to a million dollars.

We've already put 1.3 into the property.

1.3 million into the property in connection with the storm water system, in connection with the coordination of the parking lot facilities, uh, just the fill itself that Peace River Wildlife Center has put on the property is has cost the Peace River Wildlife Center approximately 7 or $800,000 or something along those lines. So, it is our intention uh to uh actually come before you to ask for an extension of that time. The reason that we're uh there are funds, there's pledges in place to uh have the money available for the purpose of paying for the improvements that Peace River Wildlife Center is planning as a result of the requirement that Peace River has to move their current facilities from Pon Leon Park to the Henry Street facility. Um and uh but but the but the reason that we're that the Peace River Wildlife Center is uh has requested uh a loan. It's kind of like a bridge loan. Uh there's a lot of pledges there. There's uh a time period well just like why anybody would ask for a bank to loan them money for even building a house. You might not have all the money you need to build a house right in your pocket, but you will be getting it over the period of time that is required to repay the loan. Uh I don't really have anything further to add about the subordination agreement. Uh Mr. Lecovich has has explained very you know very well what what the importance of that subordination agreement is to the lender and also to Peace River Wildlife Center in order to be able to get this interim loan. And I imagine that we'll be back coming back to you very shortly to go over that provision of uh of the lease because it was uh uh with without if if everything had fallen into place with respect to the parking lot construction with

respect to the permitting and so forth her. Yeah. I mean it it just seems like one thing after another happened. We wouldn't need to be coming here asking you to give us some leeway on that provision. Uh my understanding is all the permits have been issued and uh we're ready to go. Contracts are in place. We're we're ready to go. So uh we would uh just ask your indulgence and and we'll be back. I have more questions, but Greg, I see you raising. Yes. Just wanted to clarify that the purpose of this loan is to get the all the funds and materials that you need to build the whole facility all at once. Correct.

And expedite that process. Yes. Yes. That that is correct. I have a few questions. Janine pole for the record. Okay. I think that if we're we're doing this, we need to be very careful because we will be sub subordinate to the bank. We will be held responsible by the bank for $3.2 million. They're going to get it and have a hold of our property if there is foreclosure. That's what subordination is.

That's incorrect. So, so yeah, they will have the rights to rent it to whomever else. Okay. I don't know how much I I don't have enough information here to say yes today. I would like to do a workshop on this to find out. Like you said, we need to go ahead and, you know, give you a little more time on the lease obviously. Um, and I think that we need to have a lot of questions answered. Um, what are your sources of revenue? How are you projecting to pay for this?

Those are questions that I have that I'm very concerned about that are not being disclosed. And if we had a workshop, maybe that would clear some these questions up. If I may, Trishial, the point CEO of Peace River Wildlife Center, um, we currently have raised 3.6 million already. Um, and that includes the 1.3 that we've put into the property. None of that includes the parking lot because as you know the parking lot was the cities.

Um we have between 800,000 and 1.1 million already pledged. So that will go automatically back to what we draw from the loan. Whether that comes in before we need to draw from the loan or not that would then take off of you know then we need to only borrow 2.2. Um so I understand your concerns but some of the things that we're dealing with is we're not on city property. there is a land owner that wants that property back. So the longer we draw this out, like we already thought we we would be building and now we're pushing into hurricane season. So that has doubled the insurance that we need. So that you know it's adding costs. Um we don't know what that property owner is going to do as far as giving us a timeline of when we need to be out. So that potentially is shutting down our education center and that is our income source for what we do at the hospital as well. Do you feel Jennine poll for the record, do you feel that if we gave you more time on the lease though that you could get that money that is promised to you rather than getting a loan? I haven't even heard um you know what the loan amount will be as far as I know it's 3 whatever, but what is what's the interest on that loan? I you know I would

I think these are I think these are questions that the taxpayers are going to want to have answered. uh the the interest rate is whatever we it is at the time that we close on the loan. We have not been able to close on the loan yet until we get the subordination agreement. Um and from what I understand and what Mr. Leavis explained, I don't think it's a matter that the taxpayers need to be worried about. Um I'm I'm not not going to speak legal because that's not my place, but um from everything that's been explained to me, it's just allowing us to get that loan. Um and like he said, Senovas wouldn't be borrowing us $3.2 million if they did not believe that we were financially secure. And I have to report all of the pledges and income that we're raising to them so that they know that money is coming in. And the the extension that we're asking for is only I think we're asking for nine months because once we're able to close on the loan, we're full speed ahead. We've already ordered materials and supplies. The builder is our our GC is ready to go. And I do believe all that money I I don't believe we're going to be pulling the full 3.2 from the bank. Like I said, we have those pledges lined up and I've heard from countless people um because this has been going on for so long. I mean, many of you have been in the city um for a while longer than me. Um that this has been going on for 10 plus years because of a number of reasons. Um you know, three major hurricanes, a worldwide pandemic, all of those reasons. But um we're finally at the point where we're ready to go. But there are I know a lot of donors and people have said this to me that have not made their capital gift because they're waiting to see if it happens. Once we go

vertical, I think everything is going to change. We just need to go vertical. Are you done with questions, Melissa?

Couple things. Number one, I just heard a banging. Sorry. Um I'm under the impression this actually didn't even have to come to council. This actually could have been um uh done through the city manager's office. So, this didn't actually have to come to council. That's what I was told. Truth or not, you can you can weigh in on that, Mr. Levkitch. Number two, here's what the taxpayers need to know. There's no risk to the city. There's no risk to the city. We've been working with Peace River Wildlife for years, and you know, the city has some fault in this that the city has been renting property that wasn't even ours to begin with. Um this needs to move forward. If my attorney says that there is zero risk to this city, then my taxpayers are going to be satisfied by that. We have got to move on with this and I'm in full support.

I can say Janine pulled for the record that it's just disturbing to me that we're not seeing the full disclosure of of what the bank is seeing and and and we are using our property as collateral. You can say we're not. I know what a lease agreement is. The subordination means the bank will have control. Does this sound familiar? the bank will have control if they default on the loan as far as what can go in there. And from what I'm understanding, these buildings, some of them will be open. I think there's going to be a veterinarian's office, right? If I'm not No, there's no vets. Okay. So, what kinds of buildings are are going to be on here that would that would look like someone could rent them again if the bank had to foreclose? you know, they're going to look for someone who who will use the this property and it we will be subordinate. That's what a subordination we will be held accountable to for that loan amount. I'm not saying she doesn't have the money. What I'm saying is can I can we please at least reveal what we do have and the process going forward. I think that that would be fair.

Councilwoman Pulk, I want to correct something. Please. Whether Peace River borrows 1.2 million, 3.2 million, or 302 million, the city will have zero financial exposure. Zero to the loan, right? That that's the problem between the bank and Peace River, right? So there's no financial exposure to the city, but there's land but that they will have a hold of that is our property. No, no, no. That's incorrect because the city still has the fee simple title interest to the land. Correct.

So they can't just take the land. The city will never lose the land. Right. So the city retains ownership. The city assumes no debt. The city maintains their indemnity provisions. We preserve the reversionary interest that everything comes back to the city.

All we're doing all we're doing is indicating that a third party is involved but the lease indicates what the purpose of the property is for. So, if for example, the bank says we're foreclosing and they're successful in it, the bank can't just put some, you know, off-the-wall kind of company in there. Correct. It has to still be used for a wildlife center. Mhm. So, you know, pretty easy. Well, it has to be used for a public purpose, but it sounds like they are defining what they put there. That's the issue.

Yeah. I'm just letting you know from so that can be changed in answering to you guys there's zero risk to the city with this. All it does is extend a termination from the city by 30 days by giving the bank and Peace River notice of default and giving either of them the opportunity to cure. That's it. Pretty simple. Question. So can you clarify who controls the lease? I heard in all that verbiage that it would have to come before us if it was going to change lease holder or lease lei city controls the lease. Yep. The city controls the lease. Period.

And who who has access to it? Who uses it? How about the amount of the lease? How about $1 versus say the cost of the property tax? That's something that we're still looking into. It's a $1 annual payment to the city for them to lease it for 50 years. This was done before any of us were up there. Yeah, that's totally a separate issue. So that's a whole separate issue. But the city retains all the interest, all the protections, all the landlord rights in the lease. We don't give up anything.

Janine, pull for the record. So it does say foreclosure. In the event of a foreclosure, the lesser shall be entitled to any proceeds from a foreclosure sale in excess of the amounts owed to the bank or other secured creditors. Lesser shall be permitted to bid at any such forclosure sale. Meaning we will be allowed to, you know, say that we would like to bid on it. Okay. And it could be a I mean it you know this I'm just saying I don't have enough information from I'm not I'm not against it. What I'm saying is we don't have enough information here to make an educated decision.

What information would you need? Not at all. I I'm just I would ask

I would like to see document documentation and I think it needs to be made public that Peace River Wildlife is whole. They're asking for 3.2 2 million. I want to know and I think the public will want to know. Yes, we're we're allowing them for $1 a year to have this piece of property. Okay. A bank is going to get a loan or give them a loan. That bank will have a hold of if there's a foreclosure. I'm saying worst case scenario. We need to be prepared for it and we need to understand what it means. means the bank will have ownership of not maybe the land. I understand that. But the property that's on the land and they will be able to to do whatever they want with it.

So what would you like to see in the workshop? I guess my question is what can be produced? Can I ask question please? She can ask my question. I would like to see all the financials that the bank I want to see that that peace or wildlife is whole. I want you to prove to me that you're whole. I would be happy to say yes to it. It's public information. It's on our website. There you go. It should have been presented to us. So, yeah, it wasn't none of it was presented to us. It was just And we even had to ask for how much the loan was.

Can Can I ask a couple of questions here real quick? Um, with if you did not have the loan right now, you know, because you said nine months with the loan. If you didn't have the loan right now, when do you think phase one would be completed? that that's that's hard to say. The reason we need the loan right now is because the contractor needs to be sure that funds are in place. Just like a a contractor who's building someone's home, the contractor needs to be assured that funds are in place to pay for the contract price.

This is this has been something that's been going on for a long time. If you knew two months prior to this being done, I think you should have come to us a lot sooner and said, "Hey, we need to extend it. We we need the documentation. We want to find a date that we can actually have phase one work. This has been some

point CEO of Peace Violet Center. Um, this has been going on for a long time. We've known that we've needed the subordination since November. Um, and no offense to Mr. Leco, but it was my understanding there was some confusion as to what that was asking. So, that's why it's taken four months to get here today. So, we have known um if it had, you know, as Melissa mentioned, I I don't know the process, but if it was something that could have gone through city manager, we could have closed on the loan and we'd be building already. It was because we got pushed to this date um and the process it took to get the two attorneys together to get the subordination agreement agreed on and to this point that it took us this long.

Okay, that still didn't answer my question. I If you don't have the loan, how long will it take? I mean, you have to have some sort of an idea. No, I don't. Until we raise the money and our donors are waiting to see something happen. We've had multiple setbacks, as I mentioned, COVID, the hurricanes, prices have gone up. We've had issues with building the parking lot and finding 30,000 $30,000 of concrete that is there from the previous city um garbage facility that was there that was in the ground that we had to pay to move. Um, we've had environmental studies that have come back with issues that um, you probably don't want me to talk about today, but we've had those issues. And you have changes in contractor.

Yes. And I think that somebody kind of bamboozled you guys, which was unfortunate, which was very unfortunate. Shame on them.

Um, so I I'm listening to your biggest challenges. Um, I personally because the the phase one is coming and and that's what I'm trying to get. We all love peace river wildlife. Don't get us wrong. We want we want success for that. It's I feel the same way as Janine. There is some language in this contract with the bank and I Mr. Liskovich I understand what you're saying. I still, you know, think that we've been had issues before in the past and I really would like the bank to take out that they get the a dollar a year, 50-year lease if there's any foreclosure. I'd like to see that out and I'd like to see that out that um they don't have any right to say, you know, they have 30 days to fix it. I think that if they have a loan, the loan should be through peace or wildlife and the bank have nothing to do with the city. The city shouldn't be anywhere in this. We shouldn't have to have a discussion right now with the city for this. Bottom line, when I had my leases and I took out loans, I didn't have to go to my landlord and say, "Hey, I need you to sign this."

Right. Well, th this is a this is different than a loan for typical tenant improvements because you're uh typically when a tenant is in a shopping center or in a building and needs tenant improvements to be constructed, the tenant is going to go to a bank if they don't have the money and the tenant is going to pledge their leaseold interest as collateral. number one. Uh and number two, they're going to sign a personal guarantee that the uh money will be repaid and the bank is going to be assured and it's and it's probably going to be a lesser amount than what uh what the uh uh Peace River Wildlife Center is seeking here to construct these facilities. uh uh frankly large uh tenants who come in and uh construct primary space in shopping centers are dealing with the same situation. Their landlords are going to uh sign non-disturbance agreements. Uh this is really more of a non-disturbance agreement. Janine, if the if the bank comes in, if there is a default, the bank comes in and takes over, they stand basically in the shoes of Peace River Wildlife Center. They don't get any additional rights once they they take over. They they can't do anything other than what is permitted in the lease and that is to operate a wildlife center unless the city approves another use of the property. Uh this is very important that that we that we get this uh loan closed so we can start building. we you know that this can has been kicked down the road so many times and now you're now if we have to kick it down one more time we're getting more delay there's more delays and we're further and further away from where we need to be to relocate the facilities from Pon Leon Park to Henry Street and and remember I know none of you all were on the city

council but the the p this the the the lease that was uh the wildlife center entered and the all the donors ers relied upon to give contributions and pledges for improvements uh to the Peace River Wildlife Center. Uh specifically said, and this is the lease for the Ponto Leon area. Uh city drafted the lease and it says in the first provision of that lease, the city owns real property known as Ponto Leon Park. That was relied upon by everybody by the city council members at the time that was relied upon by Peace River Wildlife Center. that was relied up on by all the people who have contributed and supported the Peace River Wildlife Center. Well, it turns out through I don't know whose fault, but back then the city did not. They they said they owned the property in the in the original, but they didn't. So, that was the genesis for what brings us here today. Nothing that Peace River Wildlife Center did. We just want to be able to fulfill the mission uh of the Peace River Wildlife Center. bring the assure that the uh assure that the benefits and assure that the programs of the Peace River Wildlife Center are carried on. This this is a perfect place to do it. Uh again, if worse comes to worse and pe and the and the bank ends up there and and the Peace River Wallet Center defaults on the loan, the bank ends up coming in and taking over the lease. They can't do anything else. They don't have any other rights there. There's that non-disturbance provision. There's an attorment provision here that says that the bank would have to fulfill the terms of the lease. The only thing this does is if there is a default during you know the term of the le or not during the term of the lease but during the term of the loan then the city would give the bank so bank notice of the

default and bank would have 30 days to cure the default. That's all that's all that's all it does. That's the only thing that it does. So, we really are imploring you today. Let's don't let's don't kick the can down the road again. Let's uh let's just get this part of it done and then we'll move forward and we'll come back and we know we need to request some additional time to complete the phase one improvements. We have every every intent to do that, but we won't we don't we we won't know until we get the funds in place. We won't know how long we need to request for or how much additional time we need to request to complete the phase one improvements. Like uh Trish said, over a million dollars has been put into this already. It we're we're we're ready to go, but uh we need to get this loan closed in order to move forward at this time.

Mayor, I have a question. Wait, sorry, because I'm not finished yet. Um, I know you talked about the property now that you know there's part of it. I don't know how much feed it is that that the city thought they had. They didn't have, but isn't it new ownership? And have you talked to them? I mean, do they have a dead date? They they say you have to be out.

Okay. Trisha, the point CEO of Pervala Center. They have not I have been in contact with both the owner and a and a local representative. They've not given us a date, but he they have talked about um that they're building farther down um off of Marian, I guess, along that strip. Um there has been mention of wanting to give the tenants beach access. I they came and visited our facility. That's all that I know. I mean, I did mention that we had heard from the city during the um the hurricane time when the park was closed that they didn't want any other private entity having access to the park. I said you, you know, that's has nothing to do with us. You'd have to discuss that with the city. That's all I know as far as um their timeline, but you know, that could change at any time. If they're going to start building or whatever I or they start charging us rent, I have I have no idea. But after what happened with the last two hurricanes, I mean, that really highlighted for us why we need to get out of there. I mean, we were completely um almost wiped out. We lost both our buildings. I mean, mo

many of you have been down there. We've lost both our buildings. We lost the entire back area. We lost four of our residents from stress. Um, I mean, it's a lot to evacuate those animals. This new facility, unless there's a major water event, we won't need to evacuate them off property.

Couple things. I would have everybody go to prlife.org because this is what would be in our workshop. Here's your financial statements. 11425 by Joiner and Sevastic. Um net assets 3.2 million. Uh also under here is fiscal year 24 2025 audit. Uh which you can read through it too. It's all here. So if we were going to have a workshop and just delay this. Gosh, I don't even know what we're doing here. Um we would look at that. We would say you have the assets of 3.2. The bank's not going to change your policy. That's a bank policy. I have two attorneys, okay? Because I'm not that smart. I have two attorneys telling me that the city has zero liability and we want to keep the charm of Panagorta and support Peace River Wildlife. And that support begins by proving this today and letting them move on and letting them get built. They've already put in $1.5 million of upgrades to the property and they still don't even even have assurance. I mean, gosh, I just I'm I'm very sorry that we're even having this conversation, honestly, because to me, this is a no-brainer. zero liability to the city. You have the funds. Let's move on.

I I am satisfied with the explanations of the attorneys in the agreement between the bank and Peace River. I'm ready to move forward on this and get them under construction.

Yes, sir. It's fine. I don't want clapping. Um, my big concern is you're coming back for an extension. Why don't we do all this together? I know you have to have plan B. I mean, you know, everybody has plan B. I had plan B when I was building my house because I couldn't do the things with the costs and everything like that. Everybody has a plan B, but you're telling us to take on responsibility that does involve the city. No matter how you look at it, how remote it is, it still involves the city. does not zero. Sorry, mayor. Zero. I disagree wholeheartedly. Yeah. Only to the point that we're on city property. Correct. And we have a city lease. That's it.

We have River Wildlife Center is also putting $6 million into property that we don't own. So, we are putting that investment into city property for the benefit of the city. Are we not listening to attorneys anymore? I mean, come on. Melissa, please stop. Thank you.

Say whatever I want. Mayor We've discussed this before. I appreciate it. We love Peace for Wildlife. My understanding is why didn't we do this together knowing that you're going to have to extend the lease. Why didn't you present and say, "Hey, listen. Our lease expires here. If we have this with the bank, we can do this and we can be done by this date. Here's what we have. These are the guarantees. This is what we would have really liked to see because right now you're coming back and we have you know a loan or excuse me a lease that's expiring from what is this the third time you're asking for a better time.

Um if I may that it's not the lease expiring it's the co date the correct cert certificate of occupancy date was what was required. Yes fault on our part. We wanted to get this done first first and know that we were going to have it before we looked at because if we if we don't have this then the certificate occupancy is going to have to go much farther out than 9 months from now.

But we don't know that unless you present it to us. This is what I'm saying. If you present us to us and say hey this is we know now we're not going to make this date. We are going to need to extend it. come to us and say, "Hey, with this from the bank, we will be able to be done by this date. This is how much we have these commitments. Let's extend the date. Let's take a look at this." But we have to do that. That's so important. And I think that's why I wonder why we're so here we are. Yeah. So, I can say here we are, too. Yeah, I know. Melissa, um, Dr. Reichard, did this even have to come to city council? I was under the impression because it's administrative that we've had similar instances in sorry instances where it didn't have to.

Uh not in a loan subordination that I'm aware of. A loan subordination I was not comfortable signing without council having weighed in on it. Okay. I just curious because I was told that you weren't comfortable meaning you probably could have went ahead and it's just like all the other leases we're reviewing now. I'd like it was procedural procedural. I originally was going to mention it at pre-aggenda and get a consensus on that at another meeting. Um I decided that it is a was a better um path to have it in front of the full council because it did involve loan subordination.

So my question is we're here, we're at this point in April. What difference does it make if we're going to come to you in another two weeks or a month hurricane season with more information for us? Madame Mayor, if there is a motion made to approve the subordination agreement, there can be an amendment to it as well. Also approving the extension date from April 15th to whatever date you guys wanted to give. And then if they needed additional time down the road, they can certainly ask for it again.

That's different. I mean, that's what procedurally you guys can do today. Yep. Mayor. Yes. Could we hear from Joe Cameron, one of our residents who's done a lot of leasing and understands this process with through the business side of things? I'm not comfortable with having a citizen be considered an expert. I I don't know. I don't know Mr. Cameron's background. I'm sorry. Nothing against you, Joe, but it's okay. How about if I can a resident ask that would be fine if you want to have resident comments. I think everybody and when he would like to comment then

I think that that's going to extend our I appreciate everything that you're saying, but I have a feeling that once you come up here, then we're going to have a bunch of people and we don't want our meetings to end up 3 or 4 o'clock this afternoon. Um I'm making a motion to approve. I also since Mr. Lovich said that I can we can make an amendment if Peace River needs an extension on that CO from April was it 15th 20 26 you need a couple more months you need a few more months I I think we you know I we're going to need longer than that uh there's unforeseen if everything went perfectly October so let me we need till October

that's not on that's not on the agenda today Mr. Mr. Levich, our attorney, who why do we have an attorney if we're not going to listen to him? Just simply said that we can do that procedurally. I'm making a motion that we approve that we give an extension to October 26. Point of order. Mayor, you have to have it approved by five or four out of the five votes. Not on the agenda today, Mr. Lasco. It is not on the agenda today to extend a lease. It's not It's not a lease extension, though. It's not a lease extension. It's a co even with the CO. not on the agenda today for the CL. That's what I wish that we would have asked for. It doesn't give us enough time. It's my opinion that council could do it.

I would like whether you choose to do it is something different. I would like to make a motion that we approve. Um we also give them an extension till October for the CO. It's not a lease extension for the CO. That is my motion. I second that. Okay. Okay, we have a motion on the floor and a second. All in favor? I I oppose. I I I But I would like more time because this is the first I've learned of some of these things even though I've researched it. I there's some things I don't understand and I probably should have talked to you, Mr. Lecovich. Um because it sounds like we're not we're giving up control. It sounds like we're not we're not giving up control. He just said we're not

we're He said we're not giving up property. Does anybody want to amend the motion? To answer your question, Councilwoman Denton, the city does not give up any control. So, what other time do we need? The city still remains in the position as the lesser, still in the rights guaranteed under the contract. So, the city is still the landlord. Mr. Levich, you didn't say fully free of any. You said high possibility that they will be successful, but you said there is. Well, there's always the possibility. Exactly.

But just looking at their financials and what I've spoken with the bank, just looking at their financials through the IRS, the I the IRS90 forms. Uh, Councilwoman Lockar was correct. They had $3.2 $2 million in assets last year, $1 million in expenses, and going all the way back looking at it for 10 years, their assets far exceed their and that should have presented us, right? And cost of construction, but that's entirely different. All you guys are supposed to be determining is

we're just letting them borrow the money to rebuild property that the city owns that the city is going to benefit when the lease ends. And the um this the is the lease collateral in a sense? The lease is the collateral. For example, you know, if you go to get a loan, you're going to collateralize maybe a car or a home. But does that give us does that are we giving up control when the lease is collateral and the bank owns the lease more or less? No, you're giving up zero control. There you go. the butase the lease is collateralized meaning

that if they default because of for if it's foreclosed upon So bank steps in as the tenant but they still have to maintain and operate a wildlife center a wildlife center that's very important that's extremely important so the bank theoretically and I don't know if they would or not could say yeah we're the tenant, but Peace River is going to run the place. Yeah. The bank just would be the tenant and then the same rules and procedures operate under the lease. Great.

The bank would not have approved this agreement had they not the confidence in Peace River. They've gone through all the financials. They understand all of that and they approved this agreement. So Greg, put yourself as the person of the city. I am putting myself as person. You are the person instead of the city that this is a loan that somebody comes to you. I am confident for the taxpayers and the residents that the agreement between Okay. Do you want to make a different motion because the first one failed? Yes. I I move to approve what's the item number where come out of it? 6B.

6B. and we can decide about the extension another time. Second, and since we have discussion, Miss Denton, do you have other questions? Because I think now is the time we're here to ask those questions. So, so far we've answered that zero control of the city loses. If they would default and the bank becomes the tenant, they have to operate a wild life center, not a 7-Eleven or anything else that people would be afraid would go in place of that. and that right now we have uh a property that we own that has one and a half million dollars of upgrades already done to it which we loaned uh or donated quite a bit of that money. No, no, that's wrong.

That the city had its own money that it put into it besides Peace River Wildlife. So, the city also put in a lot of money into that for the parking lot and everything. So, that that we have put in just as much as Peace River Wildlife in order to do this. But, it's not just for Peace River Wildlife. It's also for Hounds on Henry and Linear Park. So, it's not just for them, right? And and but they have skin in the game. And Exactly. And and Trisha, I I I like you said, you know, I've donated. I love that place. I think that Peace River really does have to have a place. Again, my frustration is why didn't we bring all this together knowing that we're going to extend the SE?

Again, I can't go back and change that. So, hopefully we can just move forward. But to to clarify what Miss Denton asked, um the on our leaseold area, the city has not put in any money. We don't receive any money from the city. So um however, that development agreement was was done clearly wasn't um clear for everyone, but that was the parking lot is city property. We have no claim to any of that. Um we did construct it for the city. Um but that was city money for city property. they just years back, this was prior to me, um apparently had come to us and said, "Will you do those improvements, um at the time that you're building your property and then we'll reimburse?" Um so that was all city money, but for our leaseold area, it's all Peace River Wildlife Center.

Okay. And your assets consist of promisary notes for loans or for donations or We had 3.6 million that we had already raised. Um so some of that would be from our last audit. Yes. As far as assets um raised but not actually cash in hand obviously or you will be using that was cash in hand. We have already spent 1.3 on the property as far as putting the fill in the un the infrastructure. So the storm water um all of that into our leaseold area and then we have already spent um probably a million or so in ordering all the materials materials and supplies.

Okay. So you you you're okay. You have actual true assets. Yes. Invested. Yes. So you're still in negotiations with signing something with the bank. Is there any way that it would make this is make us feel more comfortable saying that, you know, I understand you're saying they still have to put, you know, take over the ownership of having a wildlife center or something like that. I'd really like that to be very specifically spelled out because any lease can go to court and anybody can judge and rule and there's just been so many things I want this to work. I believe that's in the lease. I think it even says if we that we can't

talking about the subordination we but it defaults to the lease. So our lease would then become their lease if god forbid we were to default. That's what I love. like it even says that we can't lease the property out to someone else without going to the city. So they in essence become the tenant. So every lease and all the amendments to the the lease one, two, three um that all then would become everything that applies to us would apply to them. Them being the bank them being the bank if we were to default. Yeah.

And um le Mr. which you said that the bank would um anyone would have to come to us for uh approval of future use of the property. Well, it's not for future use for there is still the assignment provision in the contract that indicates that the tenant cannot sublet or assign their rights without city's approval. The city's approval. So, so if the bank wanted to put in a 711, they'd have to come in and get approval from the city, correct? To sublet it out to a third party. Okay. That would even apply to us.

It would just be coming to the wildlife center beov wildlife unless some council said, "Oh, no. We're okay with the hockey rink or that." But Councilwoman Denton, there's to answer your one question. There's no exposure to the city for this. Okay. Yeah. This just happens to be that there's a lease and that's why we're here. Dr. Levich 2A. Lesser shall not consent to any modification, termination, or cancellation of the ground lease without bank's prior written consent. That has nothing to do with foreclosure. No, that has nothing to do with foreclosure. Right. But this is in the contract. I don't think that we should. It says modification, termination, or cancellation.

Mayor, may I? Yes. The lease is collateral. Uh the bank wants to make sure that their collateral is protected, which is the lease. Mhm. If the this is I can't even imagine a circumstance where this would happen if Peace River Wildlife Center and the city got together and said, "Hey, let's uh let's mess with the bank here and let's cancel the lease." Well, that that eliminates without any control that the bank has their collateral. They just want to make sure the lease continues in force and that they're notified of any default and have an opportunity to cure any default. That's really all this is.

Can't be rewarded to state that, can it not? It's just to make sure that the city is safe and and I personally would like to have number four non-disturbance taken taken out. But 2A I think really needs to be written, you know. Well well well the non-disturbance provision is really important. All that's saying is that as long as the uh tenant, whoever it is, Peace River Wildlife Center or the bank, is performing the lease, the city won't disturb their, you know, we'll still give them uh the right to utilize the property in accordance with the terms of the lease. That's all that's saying. As long as it's a Yeah, that's that's exactly what it's saying. I I don't know. City would still honor the lease,

right? Right. At a dollar a year for 50 years. Well, that's a separate issue. Yeah, we're not here to approve the lease. You just We're here to approve a loan. So again, my here to approve the Well, not even loan, the subordination. Excuse me. Right. Yeah. You want to renegotiate the lease? That's a whole different conversation. No, I'm talking about the subordination to a Melissa. The attorneys have already agreed to this. Lesser shall not consent to any modification, termination, or cancellation of the ground lease without bank's prior written consent. Well, that that's concerning. Why? I because they have something. They've already said that's not what you're thinking. So,

well well the bank the you know the the bank is loaning money to Peace River Wildlife Center and the loan is relatively a short-term loan. It's a it's just a interim loan to asssure that there's money in place before all the pledges come in to pay for the construction of the improvements. Uh during that period of time, during that short period of time, the bank does need to assure itself that it has if there is a default that it'll take over the lease the way it currently is the way the lease is currently in place. So that's all that's all that's saying. I you know it it's It's not It's not as significant of a I guess the reason I'm having trouble really responding to this is I see these agreements all the time.

Yeah.

And these agree this agreement is really toned down from a lot of subordination agreements that I review for clients. It's a very as far as the city's concerned, it's a very vanilla. It's a very uh noneventful sub and it's not even a subordination. You're not really subordinating anything. You're just agreeing to let the bank get notice of a default, give the bank an opportunity to cure the default. And if the bank does come and take over the property, you're agreeing that the lease is still going to be in effect and that they would be able to take over the lease and honor the terms of the lease. And if they decide if they don't, then they're in default to the lease and you can terminate the lease. So, you're not really changing the city is not changing its position at all. So that's I I you know I'm not really sure what

so Mr. about then okay so let's say that you're coming back to extend so that you can get things done the bank doesn't have any say in this we don't because it sounds like to me that they have to have you know banks and prior prior consent that's that's well well techn no now technically if the loan is appro if the loan is uh closed before we get that approval to extend that time period then the bank would have to consent to that. That is correct. That's absolutely correct. That so that's why I'm thinking we should have had everything done at the same time because that would actually eliminate this issue.

Yeah. But we need to know that this loan is going to be approved and is in place. Correct. So, if I may suggest that the council approve the subordination based upon your your your you know, I'm not going to say my advice, based on the attorney's advice that the council approve the subordination and uh that uh put us on the agenda for the next meeting. Perfect. to discuss the uh extension of the CO time period for completing the phase one improvements. That was the motion I made. So, we'll have a date from our CO by then of when we're estimated completion. Okay. And one more question.

And and so if we have negotiations during this time again and we have what we're doing here, what does that do with the bank? There's no agree like you know anything that we do with it. Nothing. I guess I don't understand if if the subordination was agreed to today, we can close on the loan right within 5 to 10 days. So what happens by the next meeting we'd already have closed. We could start we'll have a we'll have an estimated completion day by from the GC. We would then know what we need that extension to be.

But in whatever you have here with the agreements with your amendment because you're going to have to take another amendment. Correct. What if any of that changes? Because you've come to us to change it. What happens if the city has other recommendations to change as well besides extending the date? How does the bank get involved with that? It does. It doesn't. It that's only about the the it cost it causes something here that there has to be an agreement. There's not a change. They don't want their money. There's not a change to the lease. There's only a change to the CO date.

Dr. Lisovich, I don't know if you understand what I'm asking. I I think what I'm hearing is can the city just negotiate with Peace River to change the contract down the road? What if there is a issue like here that goes on for hours of negotiating renegotiating a contract then what happens because now they have you know we have the subordination with the bank. This is what I'm trying to ask. That's why I wanted all the bank would be involved. Exactly. Because which is customary. Yeah. Because the lease is what is being used as collateral, right?

If you collateralize your your home for whatever reason, you can't just sell your home without the bank's permission. It's kind of the same thing. The lease is the collateral. So, we would come back to an agreement and the bank and say, "Here's what we'd like to do." Okay. What if there is butting heads with a lease? then we're not going to come to an agreement with who is bank what's that

then if we're not coming to agreement they've signed with the bank that this is what they're doing that's where that's my concern and that's why I wish all of this would have come together because for bottom line is that the bank and the city should have no coordination together at all zero nothing we don't we don't but then why are you coming to us because it has something to do with our property because there are less because they're a tenant. If they own the property, we wouldn't be here. They would just collateralize their entire property. I understand that the bank would foreclose and take their property. Mayor, I think,

but because we're the landlord, it's the lease that is the collateral. I think the mayor's question though just I think what she's trying to ascertain is that if we were to approve this today and then we go into a CO negotiation for an extension down the road. I I I think the question is at any time that we negotiate the lease if we do um or give extensions or amendments. Does the bank have any say in that are they going to have any problem with that? I think that is really kind of what you're trying to ask.

Basically, yes. the bank would consent or not consent, but if they're collateralizing it or if they have their money invested in this, in my experiences, they're not really going to object to it if it benefits their financial interest. Right. Right. So what so whether you extend the lease, you know, the CO to June 1st or December 31st today or do it two months from now, the bank's going to do it because they want their money back plus whatever interest they're being paid, right? So question, how long is the term of the loan or do we know that yet? 60 months. Okay. And then this agreement is then null and void once you've paid off. So we're talking about a fiveyear

situation potentially soon. Correct. The maximum is five years and this is just for phase one the money that you're getting. It's not for phase two or is this correct that that's correct. And and another thing that's important to point out this is not a loan that all the funds are going to be dispersed right away.

The this is a uh kind of a line of credit construction loan. So only the funds that are required for the construction of the project are going to be dispersed. So, the outstanding balance of this loan, I don't know what it's, you know, nobody really knows for sure what it's going to be. We just know it's not going to be over the over the the top amount of 3.2 million. Uh, it's probably going to be, you know, my guess is going to be a lot less than that, but it it's not going to be a full fully drawn out loan. And this is a win-win for the city. The way I see it legally is you have no financial risk involved. Correct. But then you own the improvements as well, right?

Like so whether you know so it's a win-win for for the city. Yeah. I think we have a motion to second on the table. I believe we do. Are we done with discussion? Did you have your questions answer? Okay. Because I figure now's the time. All right. Councilman Julian, can you restate your motion? Yes. I move that we approve 6B and that we consider the CO extension at another time. Second. So today you're just Well, then you wouldn't even 6B. That's all you need to say. So what I would ask then is is that just Yeah. the motion just be approving 6B or 6B as presented

and then having a consent to ask the city manager put the extension on a different. All right. I I move to approve 6B. Second. Okay, we have a motion and a second on the floor. All in favor? I I I Okay, thank you. How's that?

Yeah. Thank you, counselor. We had to hash it out. Everybody had to hear what we're trying to do. That's why and Janine pulled for the record that a workshop would have been a way better way to do this before because I heard a lot of information from Miss Le Point today that we didn't have in our packet. We don't have any information on this in our packet. None. We had to ask for the loan amount. So, it it really was not a good way to do this. I hope from now on that we we look at the whole picture before we're expected to make a decision like that. That's that was an important decision to make. So, okay, let's have a 10-minute break. Thank you everybody for going through all this with us.

Sorry I didn't call you back. No, no. I told you I told

I was you said let's get started. That was kind of a call for me to hurry up. Yeah. But yes, I didn't think you did.

Okay. Next on the agenda is interlocal agreement between the city of Pontaorta, Florida and Charlotte County, Florida. regarding coordinating water supply and wastewater planning.

Morning again, council. Tom Spencer, utilities director for the record. Uh just a little bit about the center local. Uh it's mutually beneficial to the city and the county and establishes a clear forward-looking framework for coordinated water and wastewater planning. It formalizes joint long-range water supply planning and aligns project review, commits both parties to advancing the needed infrastructure in their respective service areas. This agreement promotes continued regional collaboration, strengthens funding opportunities, and ensures ongoing progress reporting while preserving each governing body's full budget authority. Uh this this is a been a ongoing uh uh project that putting the center local together. Uh we've had good conversations with the county administration and the county commissioners. Uh and we're asking for your support and approval of this agreement today.

Any questions for Tom? No. I'd just like to say thank you for all the hard work that you've done. I'd like to say thank you for all the hard work you and Missy have put into this and the collaboration with the county. Thank you. So, do we have a motion? Motion to Oh, I'm sorry. Go ahead. Nope. It's you. I move to approve 6C. I'll second. Okay. We have a motion, a second on the floor. All in favor? I oppose. Motion carries. Thanks, Tom. Thank you very much. Easy.

Okay. Okay, next on the list is a request by Doyle Parking lot LLC property owner authorized applicant for a temporary use permit pursuant to 16.9 of chapter 26 land development regulations punta code to utilize alternate brown cover materials instead of concrete or asphalt for temporary parking on the properties located at 210 and 216 Nesba Street and 215 Deont. Good morning council. Rachel Barry, zoning official for the record. So, this temporary use permit um has expired. The Celtic was issued a temporary use permit in mid to late 2024, which expired December 31st. Um they are requesting a new temporary use permit to keep the existing overflow or alternative parking across from the Celtic Ray and to utilize alternative materials. Staff's recommendation is to approve the request at least through April 30th. There is also an active temporary use permit for a weekend farmers market on that same property. Um, and so if we if it is approved through April 30th, then that would allow the farmers market to continue. And then if approvements are to be made after that, then the timing would fall right together.

This seems like an advantage because it's pvious versus impervious.

So I agree with you, Janice. Deb looks for record. Um I because it's pvious structure and it's been used for you know um helping with the the um parking issues that are going on down there. I if anybody wanted to make a motion to extend it you know other than just April 30th and then coming back to us again. um especially since we are going to be looking at land development regulations and maybe considering using more pvious structures with our city that you know this is already a pvious structure. So I'm not sure if anybody would like to make that motion and extend it. Greg,

yes, I would like to make that motion, but I'd like to ask why did we go just to April 30th? So that was only mentioned because that's when the farmers market temporary use permit for the same property. That's that expiration date. Oh, I see. And so if if they were required to uh you know bring in new gravel or shell to you know resurface the area, refresh it, then that time it would fall together. And what was the length of time of the previous um the previous temporary use permit for the alternative materials was from at least mid to late 2024 and expired December 25. So So at least a year and a couple months, maybe a year and a half. Yeah. So, I propose that we extend it at least a year.

I'm good with that. I'll Is that a made a motion? Wait, is that We need a motion. No, I I'll make the motion. I just wanted to hear I'm I'm fine with that from the rest of you. I'd say 18 months. I mean, to give it, you know, enough time. Excellent. A year goes by so quickly. I'm good with that. So, please make the motion again. Yes. I'm I move to approve 6D and extend it for 18 months. Second. Okay, we have a motion and a second. All in favor? I oppose. Motion carries. Thank you, Rachel.

Next is the Grant for repairs and American with Disabilities Act trail improvements at Point to Gordon Nature Park. Good morning, council. Rick Lenool, grants coordinator. Um this is um so every year there is a recreational trails grant um that's available through um FD and through the uh the federal government. Um basically it's been in play for about um over 10 years and it's annual typically opens up in February. Right now it has not opened up this year but I've been assured by FTP uh grants manager that it will open up later on this year. Um it's fully funded right now as it as it is with the federal government. Um but there's some requirements that we have to have in play in order to uh be grant ready. One of which is having a compliance letter, a letter of support from the city saying that they are fully that we are fully in compliance with um Florida statute 62S2. Um, and it's just typical grant language saying that we're going to comply with uh MEPA and we're going to comply with post uh post build um regula uh post build compliance measures. Nothing crazy, but it's just a letter of support. And then um there's some other things that I need to do in order to make sure that it's ready for the grant when we do approach it. I did want to bring this to uh your attention because there's a we don't know exactly what the cost point's going to be on the back end. the grant is only for $450,000. Um, and we really don't know what um the price point's going to be for the scope. Uh, so there is a potential that it comes in twice as much uh as what the grant um is going to be for. So just wanted to bring it to your attention and that's about it. So just would love to have your um your permission to go for the grant and um have uh um sign that letter of support.

there. Any questions? I move to approve 6E. Second. Okay, we have a motion, a second to approve it. All in favor? I oppose. Motion carries. Thank you. Thank you for looking for grants for us, too. Sorry, mayor. May I ask a question? Um, we do have a citizen here for the dust to dawn. Would anybody be okay moving that up so she doesn't have to stay for the rest? Because I think the rest of stuff is like staff and everything. I agree. In case we need anything from her. Okay. 6 I is that okay? Yeah, that is everybody else okay with that? We'll do six eye next. Yeah.

Okay, good. Okay. Dusk to dawn sports court. I moved it up so that way.

Can somebody make it warmer in here? Yeah, the heat was on then we turned the air on. Wow. It was 78. Yeah, the heat was on. That was the problem. So then they for the hair.

All right. Good morning, council. Rachel Barry, zoning official for the record. So this agenda item comes to you regarding sports courts on residential properties. My understanding is that there were concerns raised in 2024, which were also mentioned at the beginning of the meeting today, um, about a sports court that was constructed in a residential area. In June of 2024, the then city council directed staff to draft some regulations pertaining specifically to sports courts. And then, of course, with all the changes that happened, it kind of um paused there. Um, so it is coming back for discussion. As far as current regulations, the code does not specifically mention sports courts on residential properties. So, it's more a interpretation. Uh the special residential overlay, which covers PGI, BSI, BTOR Meadows, detached accessory structures are not permitted. Um, my understanding with the previous one was that there was a building permit submitted for a concrete slab and that was what was approved and then they used it as a sports court is how that got in there. As far as outside of a special residential overlay, um, it may be permitted depending on the area that's left over on the property subject to impervious limitations and setbacks. Uh there are some exterior lighting standards in section 8.4 of the code, but it only applies to non-residential and multif family properties. Um and so that's something that could be addressed as well. So as for potential updates, uh we could update article 8, which are general standards that apply to a use regardless of what district it's in. Uh we could include the definitions and terms in that section. um outline all the regulations or make specific updates to

individual districts where it could be an accessory use and then have a new section in article 4 uses permitted with conditions that specifies all the conditions that would pertain to a sports court and that is all I have. So we have any questions or discussion

Melissa? So, a little background. I think only myself and the mayor were on council at that time and and this court is already existing. So, I think that you know the residents knows that if it's if we make any of these changes that probably will be grandfathered in. So, the question is if we start seeing more of this um have a regulation on it and have time limits and whatnot. So, you know, kind of when having conversations, what we've kind of proposed is that like the pickle ball courts are only 8:00 a.m. to 6:00 p.m., you know, maybe putting a a parameter that that can only be used. And what's really important, especially if our lighting code is not kind of on par, those are, and I've got pictures if anybody wants to see it, but those are 25 foot lights. It's enormous. And that that would need to be lighting would also kind of go along with that. So, it would be that, you know, they can use that from this time to that time. and then you know at that time the lights would have to be off and whatnot. Um I think that distinguishing because obviously talking to some people it's been well what's the difference of having that as opposed to like you know a net in your front yard well or you know in your driveway and the difference really is the fact there's only going to be so many amount of people in a driveway or a culde-sac if you have these sports courts there's going to be a multitude of people that that can do that. So it's a little bit more invasive when it comes to quality of quality of life for people that are around. And that's kind of what we're seeing with this particular one. So really kind of what I would be asking, you know, if we want to go beyond and look at for future, you know, with our LDRs, I think that would be definitely something we should look at. But for this in particular or something we could regulate right away, I think we put a time limit and lighting limit on it, it would be something that would be advantageous for the neighborhood.

Mayor Oh, go ahead. I was I'm sorry. I did ask at the pre-aggenda if um Mr. Lecovich if Leven's statement that it is grandfathered in when it was a unpermitted sports court if that still allows to be grandfathered in. I guess this is going to be me being an attorney. It kind of depends on I was just going to say he's going to say depends and it and it all depends on how you're defining what his grandfather did. Mhm. So in general legal terms, grandfathered in means you are excluded from it.

So if you impose a time limit, and I'm just going to use what you indicated, 8:00 a.m. to 6:00 p.m., does this particular court are they excluded from those times? And the answer the answer would be no. So they're not grandfathered in. They are subjected to the same prohibition or the same restriction. Their court is that's a whole different issue, but the time restriction can still be imposed and it can it can affect citywide. That's great. So even though they were unpermitted and they didn't go through the proper procedures, they are still grandfathered in.

Well, the No, no, no, no. So, we're talking about apples and oranges with that. The court and the lighting is a whole different issue than restricting or putting a time constraint on when you can use the court and lighting. Right. I'd want to say something.

Well, I believe and just to your point though, it was unpermitted when we were talking that like back in 2024. Since then though I and co- compliance probably speak to this more but code did come in and did have them move certain things like it was too big. Um but unfortunately the lighting was it was non descriptive. So they did make them then go back and get a permit and that's what's existing now based on what our requirements were. But the problem was there was a lot of verbiage in there like the lighting that just wasn't it wasn't in there. There was nothing that they could have done. So just just as a point of clarification. So, if the court was already permitted or modified, went through code and everything else and then came before council and the lighting was permitted, that's a whole different issue. But you can certainly still say, you know, 8:00 a.m. to whatever time you wanted to say you can't do this in your residential area. So I was going back and looking at article 8 and like 8.14G talks about children's play equipment says are permitted subject to provisions of this code including but not limit to height obstructions to visibility and 8.4 is non-residential like you were saying. Um and then it does have um 4.24D 24D outdoor and recreational shall not shine directly into yards of residents or into windows. And it says hours no earlier than 6:00 a.m. no later than 12:00 p.m. But I think it's supposed to be midnight, but they have 12:00 p.m. in there. Um I think as well um 16.804 lighting does need to be detailed. You know, that's something that we're going to have to definitely look at with our LDRs. But um there is some verbiage in here, you know, that says it. Uh I'm sorry you have to go cuz that is frustrating when you have the noise and you know and the lights that are shining into your place. That is extremely

frustrating. So you're saying today, Mr. Lecovich, that we can actually at least limit the times. But what do we do about the lighting? The lighting still could be an issue for them. I then that's what I would propose that that I'm just saying 8 to six. If you do an 8 to six, then lighting has to be shut off as well. Yeah. Well, and you know, like if you look at what your park, you know, because you're going to have to be careful with how you approve something because your parks are separate than residential. Correct. Correct.

So, park lights can they're on quite a bit because of safety reasons. So, this is on your agenda. So, you can move to approve a time restriction. I'm in favor of that. Do the pickup all courts do they have a time limit on lights out of curiosity? I don't know. A question directed at Sorry. But yeah, I'm not looking around. I'm trying I'm looking around. Who plays pickle ball down there? That's right. I don't think they have lights on them on the court at this point in time. Okay, that's what I was wondering because I I remember it used to be like the timer, but I

So, this is just one piece of property that we're having issues with from what I'm understanding. That's my understanding as well. Okay. And we are going to be looking at changing our land development regulations.

If if that is what council directs us to do, then we'll draft those changes to make sure that um future issues don't arise. Uh, so would it be wise for us to make sure that we get this secured and under control? You know, that we know what we're going to be doing. Maybe also, it's tough because right now they need some relief. Um, so it's kind of like we're doing something just because of one property to help that out, but we really do need to take a a closer look at the being more specific so that this doesn't happen to other residents. And Janine pulled for the record, I I'm I'm just gonna flat out say because I grew up in PGI, we never had that kind of an issue. Um but lighting for the turtles is always an issue when you have too much bright light. Um and also

why why would we even allow lighting, extra lighting outside of the home itself be put on a court? I would say in our land development regulations, we could we should say no lighting specific to the courts. if if you need lighting, it's going to be on your house or whatever where you turn it off and on with the switch and not not a 25 foot or 10 foot or 5 foot whatever extra lighting. Um, I just don't I just don't know how that even came about because like I said, you live on the water, you know, we live on the water. So, it's

and Deborah is so true. Any kind of sound travels with water, everything. I can hear the railroad, you know, station, the the train, and I don't live anywhere near it. So, mayor,

um, if we if we do say six to six or whatever, they're not going to need lighting except for maybe December in the middle of the winter when the gets dark at 5:30. So, I mean, I think Janine has a good point. They don't really need lighting. And besides all of that, we should go by our in the future, we should go by our impervious versus pvious. If you have a huge lot and you want to put a court on, I think we can allow it, but courts on a small lot, you're you're going over your 60% impervious in our in our most of our lots here. So, I think that's an LDR consideration that they shouldn't be allowed and have that much impervious. So,

so my question, are they still today doing the bright lights? The video I sent her was from You'll have to go from two days ago. Okay. Three days ago. Yeah. Yeah, I made sure that nobody was seen. So, this is just my finger. But you can hear that's this the audio. I don't know if the audio is going to play or not. If not, I can do it on my phone. Here it comes. Well, this is the lighting. This is why I left that in because you can't see who that is. But this is the lighting. That's how tall the lighting is, which is what I just showed. Looks like a rec center. It is a professional court.

Ashley, I'll just I don't know why it's not playing. I'm exc for the record. I can hear kids several blocks away swimming in the swimming pool and doing this as well. But I understand this is a nighttime thing. During the daytime, you don't care if you have all that sound and stuff like that.

You know what? These kids have had volleyball and that stuff need a car and complain about that. They want to yell and scream in the yard or whatever. It's the combination of how many people. Sometimes it's one basketball, sometimes it's three, sometimes it's four at a time. We should probably have you up here talking. I'm sorry. You got the point though. We We understand. We understand. Okay. Sorry. We're We're sorry to make you walk.

Okay. Again, Debbles at 160 Bay Shore Court. And and again, I mean, I've been laying in bed at 7 in the morning and next thing I hear is crash and and it'll go on and sometimes they've been out there until almost midnight. And there's just no there's no rhyme or reason. With six kids plus their friends, they had a dog sitter for the last couple weeks. He started playing basketball at 7:30 in the morning. They had workers building their dock. They decided they wanted to play basketball on their lunch break because no one was there to tell them no. Well, that would be during the regular hours. I get it. So,

right.

I get it. But and and the light. I mean, to sit out there, I have dock lights. You know, that bright light, I'm sure, affects my fish lights. It affects my ability to sit out there at night and enjoy to watch space launches across the basin, everything. But the bouncing of the balls and the associated noise. I did not buy a property across from Gilchrist Park, Charlotte Rec Center, or a high school. And I've lived here for five years before they built this. And I've done everything I could when I first came before you people to try to get this nipped in the bud. And I don't know why that light was not designated as a sixoot yard light. And the argument was, well, it doesn't illuminate a walkway or a dock. My argument is, yes, it does illuminate a walkway. It illuminates a walkway and a patio, and it should never have been approved. And part of the reason they're out there playing until 10, 11:00 at night is because they have this monstrous light.

So, mayor, do we need a motion or a consensus to have some time frame or no lights? What What do we need to move ahead? This is just on the regular agenda. Greg, yeah, I think it's long overdue. I I'm in favor of imposing a restriction on the hours that they can play and have the lights on from 8 in the morning till 6:00 in the evening. And I'll make that a motion if And the lights. That's what I meant. Oh, I'm sorry. 8 in the morning to 6:00 in the evening to play and have the lights on. And generally the ambient lighting is going to be sufficient they won't even need the light.

Is that your motion? I move to uh impose a restriction of play and lighting from 8 in the morning till 6:00 in the evening. We have a motion and a second. I just want to make one comment. You know, I I love hearing children play and stuff like that, but I understand this is beyond crazy. So, I just wanted to state that we're we're not trying to be old farts in town that don't want kids playing. So, we have a motion and a second. I think that and and to your point, mayor, I think that goes back to encouraging and when you have these bigger places, you're encouraging more than what normally would be in a backyard. So, I don't think anybody wants to, you know, restrict children from playing. It's just more of that type of court just needs to be regulated then.

And and I would like to say then amend your motion because the play part I just it doesn't sit well with me to say they can't play use. Do you know what I'm saying? After six and eight, they can't play if the lights are off. So they can't play if the lights are off. So we should probably just take play out. Just it's just concerning to me because How about use the court, right? I think the lighting is just the most important thing like you said the I think that they're playing because of the light. Well, in the summer though that means they might be playing till 9 or 10 and that's a noise issue. And

I mean I don't care if they want to sit out there and play tittyly winks. It's it's using it as a sports court during that time period, you know, because other times they've put up soccer nets and had 12 kids out there playing soccer on there. You know, kicking the ball, you know, slamming around. Yeah. And and and I have no problem if they want to play in the yard and if they want to do something else with that with to what they can do. And we can't you can't really do that. I mean, kids swimming in a swimming pool, you can't stop and say 6 o'clock p.m. Nobody can swim in a swimming pool and play, you know.

But if it's design, if it is a basketball court, and that's what it is, or a sports court for play with balls, I guess. I don't know what else you'd have on a sports court. Um, like I said, I, you know, the use I don't have a problem if they put a volleyball net out in their yard because the ball doesn't bounce on the grass. My suggestion or it's not even a suggestion. My interpretation is you would have to define what play is and you would have to define what use is. Correct? Because hypothetically you could have kids out there at 6:30 who's just jump roping and are they using the court to jump rope? Yes.

So you're going to have to be specific in how you define play and use. Mhm. You know, and also keep in mind that, you know, lawn maintenance can only start at a certain time and go to a certain time. You know, public works got whatever time they start, but lawn maintenance is a good example on 6 or 7 a.m. So,

you know, and keep in mind as well, you know, not that I'm advocating for kids, I live right next to a park as well, but you've got the time change coming in. You've got summer kicking in and it gets a little bit darker in summer 8 8:30 9:00 and you're restricting kids from using it or playing on it. But if you're going going to make a motion then you're going to have to define what play and use is. Can it be a noise thing? Oh, Greg, sorry.

So, in light of that, I re um revoke my motion for now and I would request that our attorney look into it and give us what the parameters would correctly be. Now, to help solve the problem, you could at this juncture deal with the lighting issue. Let's do that. No lighting after dusk while we're working on defining play and use because the issue may be are they out at 10:00 at night, 11 o'clock at night? Because right now, what time does it get dark? 6:30, 7 o'clock. We're about to hit a time change in a few weeks. So, it's going to be roughly 8 o'clock, 8:30.

But at least we're dealing with it coming up moving forward. and I can start creating some language on how to do that. And and I would assume probably part of that would be defining what a sports court is. And I think once we define that, then we regulate that specifically and then that's I think that would be a better definition, but we don't we don't have that capability right now. Correct. Right. Understood. Yes. So, it could be potentially a motion, you know, that no residential, recreational, sports court lighting shall be utilized after the hours of whatever time you wanted until

So, if I made a motion that uh no recreation is that going to be a No, because you're just because you're defi because you're saying recreational traditional residential sports court lighting. You know, you're not worried about the neighbor who is having a birthday party and they have, you know, the temporary volleyball court in their sideyard,

right? So, if I made a motion that uh I'm going to make a motion that no recreational lighting in residential areas can be used, only between the hours of 8 and 6. That sound right? 8 a.m. 6 p.m. Until dusk. Yes. Lighting cannot be used until I need to start over. So, what you're trying to do is lighting cannot be used after dusk. Right. So, I would make a motion that recreational lighting that is located in residential areas cannot be used after dusk.

But I think Jean has a good point. We don't want sports court lighting that's 25 ft tall. So, it should be only be home use lighting. Does that make sense? Can we That's going to be something that we're gonna have. So, we're stuck with that 25 foot light right now. Okay. Melissa, would you consider saying recreational residential sports courts be restricted from 8 a.m. to desk because I don't think you said 8 a.m. Yeah. So, let me take that motion back. Let me start over. Make a motion that no recreational lighting in a residential area. It can only be permitted use from 8 a.m. till dusk with a sports court. With a sports court used for the purposes of illuminating the court. So moved. So amended.

I second that. Okay. We have a motion, a second. Sarah, did you catch that? Yep. Okay. Want to make sure she got that. So we have a motion, a second on the floor. All in favor? I oppose. Motion carries. Thank you. Hope that works for you right now. That's the best we can do. understand this is something that has to be hammered out with definitions that haven't been defined yet. Okay. Is this immediate in effect, immediately in effect or is this as of a date or how does that work? You guys voted on it today. It would be I can I can make another motion that it's effective immediately. Yep. I would do that otherwise. Yeah. People think it takes a few weeks.

So I will I will make the motion that what we just voted on is effective immediately. So, just make a separate motion maybe. Yeah, that's what I'm saying. I'm I'm making a motion that it's effective immediately. I second that. Okay, we have a motion second on the floor. All in favor? Opposed? Motion carries. Maybe somebody wants to contact the property owner about that, too.

Anything else we want to move before we No, I appreciate that. We're still Okay, so we're up to city attorney discussion. I didn't get to take a break when I took my break. Hey, is it okay? I'm going to take a really quick break. I didn't have the opportunity. Sorry.

Tick tock. I was fast. Salty sailor. You know I had to move fast. Okay, we are on to city attorney discussion.

Good morning, Jeff Payne, HR manager. So, we're just coming before you today to um propose that we uh make a decision on how we want to proceed on our city attorney position. Uh we've got currently Mr. Lecovich's firm uh as an interim where he is the representative of said firm, but we do use the entire firm. Okay. Uh we did previously go out uh to RFP for a firm and we only had one firm that responded. We also did a job posting for internal employees and I think we got like 13 applicants, something like that. But it's been long enough now that u they probably are no longer available or interested. If we decided to go in that direction, we would start that process over again. But we did collect some information from other municipalities around the state, you know, and and you've got number of pages here where we put that together in in a format that was hopefully easily to digest. And you can see that um all these different municipalities have gone in their own directions. Some of them have gone uh contracting with firms and some have hired attorneys as employees and as many as we could. We collected the compensation amounts for all these different things. Right? So you can look there at the top at Charlotte County. Their attorney has been with them for 25 and a half years. They are an employee. They're not a contract. And uh they're making $253,000 a year. Right. So, um

so I'm not sure where you want to start this discussion. We've got a few different options on how we can proceed. Okay. So, I I think it has been long enough that we'll need to resolicit um bids and I've been in favor of a firm all along, but I've heard from some residents that they think we should have just an internal attorney. So, I I would ask that we consider both and discuss the merits of of either or.

Okay. I think in the light of all of the cuts to budgets forthcoming and you know undoubtedly there's going to be shortfalls here and there that an in-house attorney you say it's 250 or whatever you have to add about 40% for all the extra costs and that's to me that's absolutely prohibitive whereas we have someone very helpful here who builds on as needed so um I don't see us hing hiring in house attorney

Deb likes for the record. Um I was trying to look at this. A lot of this is is good information. It doesn't tell population size or how much revenue and what they can and what they can really afford. Um if you look at the time that Dr. Levich has put in. He is giving us an extremely fair deal. And I don't know I mean we don't always agree on a lot of stuff. I think all of us have, you know, pros and cons, but if you truly look at having in-house versus outside, um, I think personally myself, at first I was like, inhouse, but Janice, I agree with you. You it it starts becoming very, very difficult. And if he's only if he's only utilizing, let's say, 45 to 55 hours a month, and then you're looking at 40 hours a week, you're looking at a huge difference in cost. Number one. Number two, the thing that I like, I know we were always like, they have to have experience as a as a city attorney and have all this governmental. Personally, Dr. Les, I want to tell you, you've really picked up the ball and ran with it very good on on most of the stuff that we've been doing here. I like the fact that he also is not afraid to go to court for us. And I think that's something that has been lacking. That's a lot of things that if you talk to most attorneys, most attorneys don't like to go into that courtroom. very few attorneys do. So, I think personally we do need somebody with good litigation experience to not be afraid to go to the courtroom.

Well, and plus, sorry, um I don't know how many, but a lot of things have been resolved that most people don't even know about because you've been willing to take it on and and and negotiate. And so, that is huge. Saved the city a lot of money. Am I correct? Let's see. Yes, that's correct.

I just want to give you guys a p well. One, I appreciate the comments. Um, my firm carries my own malpractice insurance. So, I had told you guys 10 months ago when I came on to help out as interim, I'd help you guys whether you wanted to go outsour, I call it outsource, but firm hired or in-house. So in-house is going to be more expensive when you include malpractice insurance, um, health insurance, pension, potential salaries. When I was looking at that survey, I found the most interesting one to be the city of Arcadia.

Yeah, just me, too. because they're comparably a smaller community and I think they were paying 235 an hour outsourced.

So just to give you guys some perspective, um my firm's malpractice insurance is about $24,000 a year. That but that covers my firm. You know what it would be for just the city? I don't know. I carry a1 million,2 million dollar liability coverage, which in most lawsuits the city has, that's sufficient if I do something of malpractice. But I don't know what it would be if you have an insourced attorney and you have to carry that or not. So, that's part of the cost you have on top of that as well,

you know. And as Jeff indicated with a firm, um, I asked my office manager to be here because what you guys don't see is although a Dallas is in the back and she's wonderful, you know, I have Wendy from my firm as well who does a lot of stuff for me there as well, which is not on City Dime. It would put more work on her. So, I'm not advocating for myself. It's just these are things you guys have to consider. And I think once you get over the hurdle of in-house or outsourced, then you can figure out from there on how you want to move. Awesome.

Yeah. Even from the beginning, I I really just think that with the workload that we have and for this city, uh a 1099 is what I call, you know, uh attorneys is is really the the path we should go. So, if we were going to put a bid out, I would really only want to see those. Um, not number one because I just think the workload that the city has and number two an in-house is just completely prohibitive costwise.

Janine P for the record. Yes. And I can see an in-house attorney would be, you know, maybe maybe somebody that you depend on for everything versus, you know, we're a small town. Um, we're going to outsource our different um issues with different attorneys. So, yeah, I'm I'm liking Mr. Lascoich in place right now. I think he's handled a lot of things appropriately and I don't see why we we would have an in-house. I think it would be a lot more expensive. I mean, we already pay a lot of money out to others that we outsource to, but that's just kind of the name of the game. And I did include in the packet um some information from the Florida Association of County Attorneys. And if we decided uh to go either route, they would assist us in that search for a flat $5,000 fee. So that is an option as well.

Dr. Liskovich, how much is it 175 hours and then you had a cap with us?

Yeah, it I was um I bill at 175 an hour to the city. My normal rate in private practice is $450 an hour. Um, you guys have seen my bills that are submitted. You know, I don't bill you for phone calls. I don't bill you for emails unless I'm asked to research a lot of stuff. And it's 175 an hour. And they've been averaging about 40 to 50 hours a month. And you guys don't abuse calling me, so I appreciate that. Um, but a lot of the emails I get, it's just, "Hey, can you make this a day? Can you schedule this appointment? Can you speak to this person?" And that's, you know, most of my billing, as you've seen in my stuff, is coming here to these every other Wednesday meetings or having to review ordinances or things like that.

Question. You your company was one of the ones that applied for the job originally. But would you still be applying for this job now if we put it out for bid again? We would. Yes. And just sorry. So then do we just move forward with hiring you your firm full-time and skip the That's a good question. Search. Yeah, that's an option. That's a good question. You don't have to put this out to search. This is a position that is entirely appointed by city council. So you could make the decision right now today if you wanted to. Absolutely.

I move that we retain Levich Law as our city attorney on a yearly contract so we can keep you accountable.

What's the name of the firm state law group? I'll second for discussion. Um, obviously I think it would be more of entering into negotiations, right? Because we would have to he would then have to negotiate with the city for what we would put a contract in place and you know we would because I have a sneaking suspicion that he's not going to give us that deal forever as far as capping it at so many. No, I kind of like what the city of Venice pays 339,000 just to get my firm name on board and then you bill on top of that. Right.

So Dr. Levich, I know that you referred to Dodto, which is very similar to ours at 225 an hour. Is is council good if you're acceptable of that? Is council acceptable of maybe raising it to the same that's similar to um the excuse me, the city of Arcadia, excuse me, the city of Arcadia. So, let me say this and well, I appreciate that here. You know, when I put in my application to the city, I think I put in 250 to 300 an hour, okay?

Because I didn't know what all was going to be entailed with what needed to be done. The bulk of my billing early on was because of the LDRs. And you know, I am willing, you know, for my own simplistic reasons because it's easier for me to bill on whole hours is just tell you 200 an hour. It's less than what you've asked, but it's easier for me to round up a bit

to round on 50s, hundreds, 150s, and 200s. Although I appreciate the two and a quarter because I'm not trying to sell myself short with it, but I you know there's going to be times where things move around and billings are up and down. It's about giving back to you guys. So I do appreciate that though. Thank you Melissa.

One thing and I've said this to you privately that I want to be crystal clear though is I am comfortable with you sitting in that chair. I am not comfortable with anybody at your firm necessarily yet and I know luckily you haven't had that issue but I just wanted to be clear that I I want you in that chair. I know you may be doing I'm not sure what's going on with your future plans but that obviously could impact um but I'm only I'm only um comfortable with you in that chair. Yeah. If if that's the way the city goes, I would work with Jeff that the contract would have to be with my firm for tax purposes, right?

Designating me as the one who sits here. You I think there may have been once maybe twice I had one of my other attorneys sitting here until I got and nothing against him, but but I think I had him show up at code board once or twice maybe, but that's just because I was out of town. But I try to make every effort to be here and accommodate scheduling as well. But yes, I would agree with you. Makes you sense. Are we comfortable with the current cap as well or does it need adjusting?

Uh what I what we had in place before was 175 an hour with a max cap of 12,500. I don't even think I've even come close to that any billing cycle. So, I think the most I ever build was about 11 grand and that was maybe the first or second month when LDRs when the LDRs were going all over the place. The rest of them have been between like 5 to7,000 a month. So, I can adjust my motion to um choose to appoint Leco Law Firm to work out an agreement at 200 an hour. Um what else? with you as the primary attorney. Anything else? Annual.

Pardon? One year. One year. Okay. We're going to do a one-year term. Okay. I think the other one was a two-year contract, but if you guys want to do two years, I'm just I'm I'm fine with that. Whatever you guys think. And you But keep in mind, you guys can terminate it at any time. Exactly. That's true. So whether you put a one year or 20 year, you can terminate it whenever you want. One year if you feel comfortable with Let's go with two. I'll I'll second for discussion and then go ahead, Dr. Riker, you look like you want to say something first. I was just going to point out that um having the two-year term makes it a little bit easier for on staff time as well. Yes. Um because renewing something every year, of course. Yeah.

And I was going to say that too. I know that the previous contract was written um that it would autorenew unless either party didn't want to and there had to be certain writing by certain time. So we might want to hash that out too. I have no problem with two years. Yeah. Yeah. We can take out the auto renew if you want to do that. So, you know, council has to come and vote on it every time or we can set it to autorenew unless uh either side gives, you know, 30 days, 60-day notice what we will want that to be. Should we have a motion by Janice? You said you second. I second it. So, we have a motion and a second. All in favor? I

oppose. Motion carries. No longer in turn. All right. Well, thank you.

Yeah. Now you It's always good when you hear clapping from the audience. Is that me? A little bit. I don't know why. Are they all doing? It's pretty loud. Sorry. Okay. Next on the agenda is the Bayfront proposed budgets.

Good afternoon. Carl Benge, AICP for the record. Okay. So, yes, today we are talking about the proposed Bayfront budgets. So, this is the approved layout um that we brought to you guys a couple months ago. And with this layout is what we really started doing our calculations with. Tried to break down how we did those calculations on the budget on the side. Um and with that the total came to 1,21,914. Wow.

Um that is of course using the Kevlar roll down storm shutters. Um I heard later on that we would like glass roll down storm shutters. um that looks like it's going to cost an extra $160,000 plus engineering just to do that. Um so that that adds a significant chunk of change to it. So once again, you kind of see what we were seeing as we were doing these calculations. So while we're doing the calculations, we kind of looked back at the other designs that we were doing. Um disregard the the beach park. We we didn't use the beach. Um what we did basically is we used the pavilion layout and we used the same parking lot layout that you see in the bottom here. So this bottom parking lot area those calculations carry out across all three of the budgets. This is just an old image but we use the same structure layout. Um and with this we get to a total of $776,000. Um and again that's including the Kevlar rolldowns using this layout. It's actually $245,000 cheaper than the approved layout. But that is something that we just wanted to look at. So in this discussion, we started talking with public works and public works mentioned that a restroom is needed in the area. The closest restroom is about 600 ft and that's uh it's a long way to walk when you really have to go and so it's a it's a far distance to to span. So with that, we included a restroom. This restroom is um I believe it's only like 16 by 30 33 by 16. Um and this restroom is a footprint that we're going to reuse throughout the city. Um once we get the engineering plans for this, we're going to use this same footprint restroom in History Park. It's also going to be the restroom footprint that we're going to try to put at Pawns Park once Pon Park gets redeveloped. So this footprint is going to be used in three other parks. What we're going to do is we're just

going to change the outside of the structure to match existing structures that are there so it fits in. Um so we're trying to save money with the city by getting one engineered plan that we can use multiple times. And so with this um using the roll down shutters uh it comes to $777,000. Um the once again with the glass roll down it looks like it's going to cost approximately $160,000 plus engineering costs. So, why all the numbers? Well, staff wanted to provide as much information as possible for city council. Once the numbers for the approved layout began to climb during during staff's research, it was determined it was best to bring this back to city council so staff can get a better understanding of the project parameters both structurally and financially. To better explain, under the construction portion of the pre-approved layout, which includes the pavilion slab, the roll down SL uh shutters, and the pavilion uh the pavilion itself, it totals $720,000. So that's only $56,000 uh cheaper than the other two proposals, and they come with one of them comes with a restaurant. So, keep in mind that none of these budgets um include removable stage, which could be 10 to 27,000, heaters, which would need probably at least four um and those can range from 1,000 to 5,000, and fans, which can range from 1,000 to 6,500, which all of this together could potentially bring an extra $53,000 to the cost. So, we wanted to bring you guys these numbers, show you guys the layouts so that as staff, we know what direction we need to move forward and how you guys would like to proceed.

Greg, I have two questions immediately. Uh, why the red boxes? Thank you. So, the red boxes uh show that they are the highest in their category. Okay. The asterisks that you see next to uh certain things, those budgets actually stay the same across all three budgets. Okay. So yeah, the red is just to show that these are the most expensive in their fields.

Okay. And then the second question is what is FEMA's position on building a structure on the previous site with the money that they're going to give us or have given us? Have not Kristen Simeone, finance director. Um so FEMA has not given us any money yet. They have started an obligation of the to actually rebuild exactly as it was. Right? That's the first step so that we can then present to them an alternative project.

Now with the alternative project again they're going to take into consideration insurance proceeds. And so if we have more insurance proceeds than the cost of the alternative project, they may still allow us to do the project, but it may be a zero cost to them for getting any reimbursement. Okay. Additionally, they don't approve things like landscaping. So any of the landscaping stuff would automatically come out of that or not be considered as part of the costs that they would have considered anyway. Additionally, they do look at the types of buildings that are there. So again, we haven't had a plan to give them yet. So once we have a plan in place, we can provide that to them. Currently, all these particular proposals are under the insurance proceeds, total insurance proceeds received. So again, they would take that into consideration and we would have those conversations with FEMA.

Okay? But again with sometimes with the buildings they want to say well how is it going to be rated as far as hurricane and and to try and avoid future damage. Deb for the record I have a couple questions. Number one you know I've seen glass garage doors like duck Fords that still needs to be engineered. Well so no. So those are just regular openings that you can go up and down. You have to take in consideration corners. So, if you have a garage door opening up here and a garage door opening up here, how are those garage doors going to overlap each other? So, you're going to need engineering to to do the corners.

Okay. Um, the other thing I think that when we were talking about at the pre-agenda that you could take the first one that you did and put a restroom there and you know, we don't know the cost for the engineering. Engineering is going to be the same all the way through, but you still would probably be under the 1 3 or somewhere close to the 1.3 that we received for insurance for the Bayron coming down, we would be at roughly 1.1 is where we'd be sitting at. So, it still be even with having a restroom on this very first one. And keep in consideration construction prices can fluctuate. So, right,

if something I kind of we kind of want to leave ourselves with leeway. So, if we're putting ourselves close to that line and construction costs go up, we may find ourselves in a little bit trouble. And the other thing that you know was discussed at the pre-aggenda, Joe, that you probably didn't know, these benches are are different benches which we can always keep on hold for a future. If we find that we're way over budget, that can be like put on hold or or not done. You know, that's was like a certain swing type that was there. I think the other thing that's very important to understand is that if we tried to build the like building that's there, we would be looking at having to elevate to the 14 ft, which would cost a lot of money. Just look at what Peace River Wildlife just went through with theirs. Um the cost and the materials would be way over our $1.3 million that we have and then we'd have to find money to fund it. Do you have kind of a guesstimate of how much that would actually cost?

Unfortunately, I don't. Um that would be probably a better question for the building department or finance. I know our previous um city manager was saying, you know, well over $12 million to do it. I mean, I guess you have certain buildings that we've been working on, right? So when you talk about like city hall and the costs that were involved just in city hall and this will be even closer to the water insurance costs things like that. I just wanted to clarify that we we understood Dr. Record. I'm sorry.

Sure. And just to um shine a little more light on the issue. We did have a committee that was formed a few years back, the uh Bayfront Waterfront Activity Committee when we knew that the building was going to be destroyed and they looked at several options and weighed them with it was a committee of community members and they came back with the recommendation that that structure not be rebuilt in Gilrest Park um for a number of reasons, a lot of cost and the um raise the having to elevate them, but ultimately it was decided by that citizen group that replacing the building on that site was not necessarily the correct move. I have a couple of questions. Um, this $100,000 swift mud, uh, is that something that you're sure of that cost? I mean, it's is it just a guesstimate? Because I I understand it wouldn't be that much.

Yeah. So, correct. So, uh, I reached out to public works. We couldn't get an exact price, but they don't expect it to exceed that amount. So that's that's why I was used that. Okay. Now, what about the um artificial turf? Where would that go? Because you've also got sod. What what are you thinking there? And I'm talking about number one. Number one. So the artificial turf was going down the um where it says number four where the food truck is. It was to We were thinking of ideas to if if the gravel is there in the parking lot, we don't want to encourage people to pull on it. So maybe if it was astroturf, people would think not to pull on. It was just something that we were thinking about internally. Okay. The rest you're talking side correct. So that that number I'm sorry with

I'm sorry seguing with that. So that area actually could be like the rock permeable instead of astroturf. Yes. Okay. So then also um to me trees in front of the view in that little football area number five. Mhm. That doesn't seem like something we'd really want is have trees blocking the view. So really it's just kind of like a a landscape just to give you like a visual representation. um we would definitely not want to inhibit any of the views. That's why um in this one we actually put the the restroom next to where the the learn to sail that white box is a learn to sail storage area. We actually put the restroom in between there to kind of break up that visually. Yeah. Um and so that's that that was the thought for that.

Could the restroom fit where that tree is in your number nine in the top left corner? Um maybe not in the number nine, but we could there was discussions of moving it forward where the um food truck area is. Uh the only issue is this is a a really big building. We might have to downsize it a little bit to to make sure everything fits and you know, we don't want roofs bumping into roofs. Um and we want some, you know, good good space in between these structures. So we would definitely fit it in there and so it fits and

Okay. And then benches. Um, you can get a a good quality water resistant, saltwater resistant bench for like $2,000 that doesn't swing. Um, plus I I really I mean obviously there's always factors with government, but I would like to see um bike racks, two, at least two, so that people can ride their bikes. Are they on there? Yes. So, actually on this one, number five up there is where our original bike rack location is. It's to the top left, right by that tree. It's uh Oh, I'm sorry. Number nine, not number five. Okay, that's a bike rack. Okay.

Yeah, there wasn't really a Okay, great. Um, so let me think. I just want to go through all my questions while we have a chance. Uh, the sailing school, how much are you allowing for that? And is it Are we talking a structure, a fence? What What do we're just not talking about that or That is right here. That's where that white box is. Yeah, that's a big box there, right? Yes, that's that's the that's the location that you guys a loted them which was 900 square feet around roughly 900 square feet right behind the uh dumpster corral. Yeah, I'm not sure if we really agreed to 900 square feet is what they asked for but I think we should discuss that. And would it be a what would it be? A fence? Would it be It's a fence with vegetation around it to to block the fence

that they're putting in. They are here. Okay. I I think Greg said they were going to consume the cost for putting in their correct and that's great. And I just want to make sure we're okay with the amount of space um that they're asking for that that we agree to that especially if because I like the big building because for events, for weddings, for huge yoga classes. I don't know. But Oh, and I don't think we need heat, but I we definitely need fans. Oh, you need heat, too. Why? On the harbor. It's cold. That's why we have doors during winter time. It's still cold inside of there. Well, it is. I don't agree. Especially if you have a wedding with barrelless arms.

Okay. Well, that's, you know, I mean the it's been a very cold winter, but it's not normal to have this cold winter. Please tell me it's not normal. Okay. So, what else? Let me just run through artificelissa. Uh the biggest feedback I've got from people that I've talked about is they really want to see a bathroom. They they think that's very important. Um, and of course me personally, I want to make sure that we do allocate room for learn to sale. I know they're here. Um, and they can maybe speak to what size they're going to need. Obviously, it's at their cost, but so that that's my two two cents. So, I will you go back to the first one? Yep. Why can't we move the pavilion more towards the harbor so that you can put the restroom in the back? We can. Okay. So, this

it would just take some rec that's kind of what I mean. It would take some moving around a little bit to kind of make sure everything fits, but we can absolutely. Yeah, that that seems like that would be the most logical. And the restrooms, is it just one per person there? No, so it is a ADA stall for both uh another stall for the women and a urinal for the men and one sink. So it's the bare minimum ADA requirement restroom. Well, um what about restroom damage during hurricanes? Because that's been a problem. It took what, a year and a half to get it redone. I mean, did you consider the Executive John idea where you can haul it away if there's a hurricane? Is this something we should look at?

We did not do the the port the the rent sort of idea. Um, no. We just went off the durability of the ones that are there. Yes, it took a little longer. So, maybe we've learned something and we can be a little bit more uh resistant in our in our development. But no, we did not look at the the rental ones. So, my question is number one, we could probably do something like Tiger Dams around there if that, you know, I know it's still in that area. Um, if we're moving it forward and restrooms, especially if this is going to be a larger pavilion, can we consider maybe the cost of something a little bit bigger, you know, for the restrooms? For the restrooms,

we really wanted to use this opportunity to get engineered plans for something that we can utilize across the city. We want to use this as a money money saving idea. Um, because we can take this blueprint and put it in other parks. I understand that. But if this is going to be 5200 square ft, you know, we do have other restrooms, but you know, we want to make sure that I mean, if that's something be if if we have extra money in the budget, I I personally, if we have extra money in the budget, I would like to also see that going to maybe a larger restroom.

Okay. And that's my own I don't know if anybody else feels the same way or not. I do agree with moving it forward closer to the water and having the utility stuff in the back. So, just to bring something up, one of the issues that we thought about of putting the restroom up here is that you're taking away from the view from here. Um, you're adding another obstacle. So, that was something, you know, it was pretty adamant. We wanted to keep the the views as much as possible. So, that's why we we put it here so that it's it's reducing the the What? It's blocking. That's a parking lot looking at a view. Yeah. So I I

How about where nine is? Janine, pull for the record. Sorry. Where nine is where that tree is? Not a good place for it. Seems like a good place to me. We're going to be removing the concrete anyway, so we could There's We definitely move things around. So if that's something that you're interested in, Yeah.

because it would be out of the way. it wouldn't really, you know, impede on somebody walking from the parking lot straight into the the pavilion itself. So, I personally, maybe it's because I'm always cold, too, but um I still personally think that there's probably as many people as me who are here, except for the people who come down for the season, they think it's hot when it's 50°, but I I still think we should have the option to be able to have, you know, some sort of space heaters there to be able to utilize it if necessary. Um I love the idea of adding a restroom in there. I think also especially with the winds and everything because you've been at the te tikis where it's been really cold even with the roll down shutters and they still have space heaters too and it's still really cold and they start to look really ugly after time you know just like convertible backs you know they start to look bad I personally think you know having a garage style glass roll down is important especially for such a big area if we're looking at having events there like weddings and things I think it actually would be a very nice place um for that.

Sorry, Debbie. Are you talking about uh like those propane heaters as a possibility or are you saying you don't like those because they get looking shabby? No, they have they have um even in the ceiling they have a type of heaters that you know just like window shakers that they can be lifted high. It doesn't have to be, you know, your movable ones. They can actually be mounted just like your ceiling fans. And those are the ones we actually priced are the ones that were mounted. Exactly. So it doesn't get in the way. doesn't impede a view. I do like the fact of not having artificial turf that I I personally think that it would be better for pvious type of rock there for that area.

Okay. So, is the overarching plan this one? Let's move the structure closer to the water. We'll put the restroom up closer to where the nine is. And we'll see about the fabricated benches when we get there. Right. Yeah. So, is that that little white box? Is that 900 square feet? It doesn't look like it is.

So, no. This is from a this is from an earlier presentation. We didn't have this will actually it'll be bumping up to the structure really close to this. So, that's why we may have to reduce the size of the structure a little bit as we move it over just to kind of keep that spacing. But you're talking learn to sail versus our pavilion that you're saying that our pavilion should be smaller for learn to sail to have 900 ft. Is that what I'm understanding? I'm saying we have a 5200 foot pavilion, right? I mean, we have more to move than they do, but if it it's what you guys would like.

Again, I think that was a discussion that nobody talked about 900 because right now they don't have very much space and 900 would be quite a bit more. So, we had this discussion previously. Remember we talked about them being in the butterfly garden before and then it was decided that we'll just give them the property behind that they asked for. So that's why staff has been working with going forward, right? I I think that we never negotiated what size. Okay. And so I think that's something that may have to come up. You know, what size are we allowing because I personally think for us to make our pavilion smaller to accommodate a larger size for a learn to sale. I don't know if that's the best interest of all of the public for public purposes.

Well, it isn't necessarily just for learn to sale. It's because we're adding that we're adding another restroom. It's just a kind of for spatial reasoning, not just not just because of them. We're adding another structure to this, but this is going forward more towards the harbor. So, it has nothing to do with the restroom. They're still going to have plenty of space apart. Sure. And yeah, so that is taken care of. Now, you're just specifically saying you wanted to make it smaller because of 900 square f feet for learn to sail.

No, no. I'm I'm And I I don't even know if it would be small. I'm just saying that the chances may be because we want to make sure that everything's spaced out well. We don't want clutter. So, it's just a we're keep as much as possible, move it forward, and as long as it didn't visually look cluttered, we'd be it'd be okay. Am I making any sense? I just Yeah, it looks like there's a lot of space for it to be moved forward and a lot of space for a restroom to be in the back. I mean, you know, visually from looking at this, it seems like it's feasible

and that's that that's what we can do. I just without moving the buildings around, it's and because we don't have the the view on this one. We don't have the actual block, so it's hard to see exactly where it is. So, I just I just can't say for certain because I don't have it up there. Well, this is something that I personally don't want to see us coming back, coming back, coming back. I really do think we need to start taking action and getting something done, you know? So, I don't want to see two months go by and we, oh, now we've moved it forward and here we have this, you know. I I was hoping when this first came out that we were going to actually see what I suggested with this forward and and having some we actually had, right? And we couldn't render that in time. So,

I think I asked for that well before two weeks. So, so perhaps we can just go ahead with the plan that we've discussed. I mean, I guess you might have to bring it forward. I don't know. I mean, not really. Like she said, we could move the structure forward. We have a location of the restroom. We could make sure the city manager agrees that it's what you guys um agreed to. We we wouldn't move forward without approval. Uh we would touch base with her and once she gave us the okay, we would start this scope for work. And I'd like love to talk to Tom Kavanaaugh about learn to sail and making sure it works for them, but making sure it works for the city as well. So that's all and that could be in a different discussion where it fits and how much and they're here today. Um yeah, if you want to talk about it if you guys are okay with that. No,

I think we need a and then come back and say okay this is how much square foot we have learn sale. This is how much square foot we can give you. You know I think we really have to look at it that way. Yeah. So put okay we will make these changes. We will touch base with the city manager and we should be able to fingers crossed move forward really quick. You can make three minutes of comments at the end. At the end.

Okay. Discussions regarding fences on vacant parcels. All right. Good afternoon, council. Rachel Barry, zoning official for the record. So this discussion item uh stems from several requests that our office has received about placing a fence around otherwise vacant properties. Um there are several properties you know in the efforts for impervious areas that are removing those areas and putting in new sod or hydraating the properties and so they we have one in particular who has filed a building permit for a fence but I currently have no way to approve it since the property is otherwise vacant. I basically covered that slide. Sorry, I jumped ahead. Um, but yes, so there there could be substantial costs with those uh improvements and remedies to the properties and they desire a means to protect their property and there's no objection to that. But we want to make sure that whatever is installed um is visually appealing and will not cause blight. the current regulations. Um, each district has principal permitted uses, accessory uses, uses permitted with conditions, uh, special exceptions, but offense is defined falls in the definition of a structure. So, without it being listed as a permitted principal use or structure, if there's nothing else on the property, it has to be an accessory to a permitted use. and therefore there's nothing that I can um

approve a permit for the fence there. So for some potential updates, uh we do have the temporary use section in the code. Um that is something that could come to you all and decide whether there should be a time restriction or a um a bianial review per se where they come back uh at certain interviews to give updates on plans for the property. Uh discussion should also include what specific types of materials are desired um or which are not desired as well as setbacks and the height of fencing. All right, and that is pretty much all of the uh the points I had. So, do you guys have any questions or suggestions for what you would like to see? It's good, right?

I'd be in favor of allowing, especially these lots where we've had them tear out the imperous surfaces and put in um turf that they need to be able to protect that and and I would be in favor of allowing that. So Debbie Lux, for the record, I know we have a lot of vacant lots that we have residential that get sod put on and they don't fence off their area. The biggest thing that concerns me is that we don't want fences in our commercial district that don't conform to our regulations. We don't want our city looking like it's quote unquote fenced in. So that is one of the concerns is that do they fence it in and now they're going to leave it vacant land for all these years and now we have all these vacant lands with fenced in services. Is that what we want our city to look like? This is really important. And you know do we know are they having a sprinkler system because I know if you don't water that property you know it's going to dry out you know just like everything else that is in our town. So do you know do they have a sprinkler system?

I don't know but I defin I can find out if it's here. I mean, we've got land all over the town that's covered with beia that doesn't have sprinkler systems. It'll die and then it comes right back. And that that shouldn't be a an additional financial burden that we're putting on these property owners. That grass does die. I have it in my yard, part of it, too, just from the storms. I have that and it looks pretty ugly, too. But if that's what they want to put in there that grows, then why not s it with that? There's a house that tore out that was torn out down Marian on the left hand side and they put strips of sock with gaps with dirt. I don't even understand it what they all do.

Every single supposed to grow. It grows. That's exactly what they do. That's normal,

Melissa. So, um, you know, I think that these property owners have undergone a lot of expense to come up into code and obviously I understand why they want to protect it. I I don't see a 4ft fence. I mean, that's what's allowed in my district and like Bernto Meadows and whatnot. Downtown I think allows like six foot or something, right? So wouldn't be in favor of that. But you know, a 4ft fence that it goes under what we already have existing, which is I think what you've laid out anyway, the rot iron stone, you know, uh vinyl, finished wood, things like that. I don't think that would be a blight. Um it'd be a way for them to protect it. They could put a gate in there and that way if they ever do develop or whatnot. It's also temporary, you know, it's not permanent, I guess, for lack of better words. I'd also be okay with having a temporary use permit along with that that you know that they still have to come back in and update that if that's the case. But I do think that you know our code is is required to to maintain it. I I like to protect my property as well. I have a fence around my property. So, you know, I'm I'm okay with that. So I I hear exactly what you're saying, but I I still think that if we give them, let's say it's a year and they do nothing and then we're getting after code enforcement because now you have to remove it because it's been a year. I mean, we look, we see how well that's going with, you know, some other impervious structures. Now all of a sudden we're putting a burden on code enforcement because we've only get them a year. So, and again, now we're just saying, oh, because this one person has asked for it. Now, are we doing special exception for this person or is this, you know, again, I don't want to see our whole city with people who don't want to do anything with our property and then all of a sudden they fence it off and we have a fenced in city. You know, we need to have growth in our city. And unfortunately, this to me feels like they're just going to fence it off and leave it vacant for another 20, 30 years or whatever they're going to do. Um, I don't know if that's their intention or

not. That's just the feeling I I have with that. I just think that us saying, you know, you have to put a fence, that's not going to cause grass to grow by putting up a fence there. It's just not. Debbie, are you suggesting they saw it and no fence? Is that what you're suggesting? But they have to saw it. You don't want dirt. You're suggesting they saw it and but no fence. Correct. That's what all the vacant lots do here. all the property that even when Marine Contracting Group, you know, uses a lot, they resought it again. Nobody goes in there with a sprinkler system. Nobody goes in there and fences at all. It's just the way our city is. I just I don't want our city to look like it's a fenced in the city. Melissa,

actually, go ahead. I already spoke. Go ahead. Janine P for the record. Um, so so correct me if I'm wrong. So what's already allowed is rowd iron, stone, metal, vinyl, finished wood, or similar combination. That's already allowed where fences are permitted. Yes. Where fences are permitted. Yeah. Well, are they permitted in these permitted in these downtown these specific properties? No, because they're otherwise vacant. And the fence would have to be accessory to a permitted use. And so since there isn't a permitted use, then the fence can't be an accessory. Correct.

I feel like as a land owner, we have, you know, you should have a right to to protect your investment. And if your investment is $72,000 worth of sod that you had to put down, how do we expect these these owners, you know, not to protect when they're because they are vacant and they're not here, you know, we're going to have people parking on it, whatnot, then we're going to be coming after them for code enforcement for not upkeeping. So, it's, you know, it's kind of a double-edged sword. I don't want to see a fenced in city either. But, you know, if we are having these codes where they have to keep it, you know, nice and sided, I I don't see a problem with a 4-oot fence. I don't think it's going to be um you know something that's going to be a blight on the city. And I just you know I don't know as a property owner I just feel like I should have that right to to protect something that I've been you know that and I and and again with the development part of it I mean a fence is very easy to take up and as we've said many times it's not up to us to get them that's the owner to get that developed. You know we have no say in that. Um that's been brought up many times. So I don't think a fence is going to encourage anybody not to develop. WX, for the record, I actually owned property in the downtown area and it didn't have a fence on it and nobody parked on it because it was, you know, it had grass. It didn't have anything. It It worked out. It filled in just fine. It got used to Florida weather. Um, again, I think if they're trying to do it for temporary until their grass fills in, well, then how much is temporary?

I don't know if they're asking for that or not. Five months, six months, two months, you know, is that I mean, is that what they're asking for? just before it's grown in or are they just asking for it in general? They were requesting a a permanent fence installation. I Yeah, it was just a I disagree with permanent fence. That's the USA lot. That is correct. That one in particular. And then now we're just changing our regulations because of one lot that has been vacant since Hurricane Charlie because they want to fence it off. We we have received a couple requests. Um but that one in particular is is the most prevalent one. So again, if we get a couple requests, how many more are going to come in? And now all a sudden we have a fenced in city. I don't have a problem with it. I do.

Janine pull for the record. So, you know, since I was a kid, the there have been vacant lot after vacant lot and and in in all of all the way down Olympia, and no one has this has never ever been a problem. Um, yeah, I I don't understand why this is suddenly an issue. Um, but this property has had lots of vehicles parked on it because it was a parking lot. Yeah, it was a parking lot. What's going to keep them from working on there when it's grass? They're doing it over by Salty Tarpon and Ice House. Are they going to fence that area off as well? Maybe. No. That That's an answer. Yes or no? Are they going to leave that area? Because that's not where they removed that's not where they removed the impervious structures.

So, it's all part of the same property. No, it was it's all part of the same property. I understand that, Greg, but that's not the impervious structure that got taken away. That was always done. And if those people, if the property owner has allowed them to park there this whole time, I think that that's a parking that's where they park. And at some point, it's going to change when we widen the road. I just don't want to be become the fence city. Janine pulled for the record. I I also feel like, you know, and I I brought this up in the pre-aggenda meeting that because there are driveways,

you know, there are those the the curbs the curbing isn't there. So, it's inviting for someone to actually pull on to that that lot. And I I get it. You know, the owner wants to protect it, but at the same time, why couldn't they put up because they've always had signs, why couldn't they put up no parking? I mean, you you can only fit a car through, you know, so much space. Um they did have those things. Yeah, they did when it was when it was a parking lot, but you know, perhaps they need to put some of those up again and and you know,

almost like fencing. I'm not saying it needs to be 50 or 60 of those signs, but I'm saying, you know, five or six along that area where people can actually drive onto. I don't want to jump a curb to get onto a property. I'm not sure how it looks like on the other side, though. I'm not sure if it's it's just too easy access and it's flat with the with the road. Um, I would have to check that out. But and and for the record, Debbie Lux, my property I own still had that same thing. It wasn't a full curve and people did not park on people did not drive on it and park on it. Okay. Well, I'd like to make a motion. Are you finished with discussion? Uh, I I had a question. Go ahead.

What is the uh code for if somebody did want to put no parking? Um, let's just take that lot for example. How many could they put up and what's the size? If I'm not mistaken, I believe the no parking signs are exempt from our sign code. So, they could put up turn it into a fence. They could put up a 100 no parking signs. I will confirm. I I I'm just curious because when you talk about looking and blight, right? Look good.

I don't know what's going to look better, a nice maintained fence or a property you saying now I'm going to put a hundred and how big could those signs be? Because I know we changed that too. So, just food for thought. Personally, I think it looks nice to drive around and there's a lot of grass and looks almost like a park and it's it's pleasant and so I would like to just leave it as is and I'm going to make a motion that we leave it as is. See if we have a second. We have a motion and a second on the floor. Do we have a second for that? I'll second. Okay, we have a motion and a second to leave it as is. All in favor? I I I oppose. I

Okay. Rated to two. Did you get that, Sarah? Okay. So, motion carries to leave it alone. And if you could just send me that information, Rachel, if you don't mind, or send it to everybody, obviously. I did confirm in the land development regulations, no parking signs are exempt from our code, but they are subject to Florida statute requirements. So, I'll get you the information.

That's awesome. And that might be something that we have to change in our LDRs. Are we to the project update portion of the meeting? The permitting software for building the bid open with 17 proposals. The evaluation committee has been selected. References obtained for responses and verifying licenses right now. The committee will meet within the next. the procurement study. The bid opened with seven responses. The evaluation committee has been selected. Again, we're obtaining references and verifying licenses for the committee to review. FEMA grant manager is currently out to bid. We have to post an addendum because of our additional bidder questions. City hall chambers closed on 224 with eight responses. We are also simultaneously doing the draft document for the AV equipment that'll be included in that area. city hall historic portion. We're negotiating the scope with the architect the to include the um outside of the building as well because there are some areas on there that need repair. The herald court hurricane repairs are currently out to bid that should close on March 2nd. Bokeh green bokeh grand drainage draft 1 is in process. The engineering is clarifying the independent cost requirements and see if we need to update the up the opinion of probable cost on that one. Fire training building is out to bid. The addendum is to be posted to answer some bidder questions. The pickle ball and tennis courts, the awards in progress. The engineering library is out to bid. The public safety assess assessments out to bid. Public safety fence, we are still working on the scope of work on that. The booster and water main improvements. We're negotiating the scope and fees

with the top ranked firm. While field improvements, the department's working to complete grant requirements to enter into an agreement. RO expansion department working to complete grant requirements to enter into an agreement. The water plant improvements. We're meeting to reschedu the procurement and department to coordinate development of bidding and scope of work for the concept plan required for the design build process. We're mapping out the design build process as we speak. The Veterans Gazebo urban design is still working with the consultant on the assessment. The Gilchrist re uh gazebo, the um roof was just replaced or repaired on that the other day. The pirate ship, the bid package is just about completed. Cheeky Point, we are looking at the bid document draft. Final department review is happening right now. and pedestrian crosswalk improvements design open with only one response. So, we're looking at that scope of work to see how we can get somebody interested in that project. And then also, I wanted to let you know about the marina. Um Brian and Ron are meeting with FD reps tomorrow regarding the ability to open some additional docks. Uh, Council Member Poke handed me some information the other day about submitting a request for a credit on our submerged land lease because of the loss of functionality. So, we're pursuing that as we speak right now.

Nice. That's what I have. Any questions on anything?

Boards and committees. Good afternoon, city clerk Sarah Welch. For the record, under announcement of vacancies, we have one regular and one alternate seat on the Burnt Store Isles Canal Advisory Committee. We have one regular and two alternate seats for the code enforcement board. We have one commissioner seat for the Punaorta Housing Authority and we have one alternate seat for the Punaorta Isles Canal Advisory Committee. Then under nominations, we have uh one applicant for the code enforcement board, Robert Peterson. If council council is amunable, you can move to nominate and appoint him at this time.

Move to nominate and appoint Bob Peterson for code enforcement board. Second. Okay, we have a motion and a second to appoint Bob Peterson. All in favor? Opposed? Motion carries. Thank you. Do you want to give us your report? Yep. I only have one thing to announce. Uh, with the upcoming election cycle, we have a new bit of software that we'll be implementing to be able to accept campaign treasures reports electronically and get them posted through um, that software for people to be able to search. Awesome. Thank you. That's wonderful. And thank you to Procurement so much for helping us make that happen.

Dr. Okay. I missed the grant update when I talked about the project updates. So, just a couple quick updates there. The watershed master plan grant application has gone to FDM for them to review. That one does require a 25% match. So you'll see that come back to you if we are successful. Um Richard is continuing to work on the FWC grant for the East Moing Field. We also have work underway on the T-Mobile grant for a small park project that's due March 31st. Um, we also were working on a Sun Trail grant application for the Alligator Creek Bridge that's due March 31st. And then we're also exploring the potential of an EDA grant application for a comprehensive economic development strategy. That is a big lift. Um, we're getting the groundwork in place, but I will be back to you with whether or not we're going to actually move forward on that grant. But we want to have all the pieces in place because it has been considerable time since we had an economic development strategy for the community and I think it's very important for council to have one set. And then under general comments, March 25th, we're going to have the long range financial plan and we're also going to look at the property tax implications should we not have um ador. March 11th, you're going to have the sales tax presentation. Those will be the recommendations from the committee and then that'll come back to you again on the 25th to finalize your recommendations. I want you to see them all once first, have some time to think about it and then come back with that.

What is that date? The 11th will be the first presentation and then on the 25th you'll make the decisions. That's in March. It's on March. Thank you.

Yep. And then I had a request from one council member that had an interest in having a shade meeting about some of the litigation that our uh liability attorney is working on. We can't have a shade meeting because we're not at a settlement point and there's no settlement discussions, but what what we can have is one-on ones. So, I will be reaching out to each of you with a date for that and if you'd like to attend that to answer questions about um particular cases that our liability that liability attorney is handling. And then save the date again for that March 26th 4 to 6 p.m. community conversation about budget and strategic planning at the uh Panagora Charlotte Library. Then I want to have a little bit of discussion about the Peace River Wildlife Center lease. So typically what happens in those situations is that staff gets together with their staff and we come up with something to bring back to council. Um would you like that to happen or do you want all of the negotiations to happen right here up at the dis?

I'm so sorry I sneezed. Can you repeat that? I apologize I didn't hear. Sure. Typically, when there's say a proposed lease amendment, staff will work with the staff from the organization and and bring you back a proposal on the agenda. It usually doesn't happen where city council will negotiate that right up on the dis. Would you like us to go be to go that route and bring you back something or do you want to have that whole do you want to just be a part of the entire discussion? I prefer that the city staff do their work as normal.

I think if city staff does it, us as council members might want to let Dr. Reichart know what we're looking for and what we'd like to see in that negotiation. That was my next question. Yeah, I'd let staff do it. Okay. I agree with staff. I just don't Sometimes we may have questions and we don't want to rubber stamp. We want to be able to discuss. So whether it's before or maybe a little bit during, but we you guys you guys know these issues and what I Yes. And so I'd like to know what you want to see. So obviously I heard today that you want to know exactly when those phase one improvements are going to be seeded. You're going to want a new date for the phase 2 improvements. What else would you like changed, modified, included?

Okay, I'll be the bad person. I really think that we need to look at term and how much they're paying. I mean, we don't know what's going to happen with taxes and a dollar a year for 50 years. You know, now we're favoring one nonprofit and we love piece of wildlife as you see. We all approved for that to happen today. But we have to start really looking at what is really appropriate for how much we should be offering our valuable land for our nonprofits. So, if you're saying they get a dollar a year for 50 years, well, what about another nonprofit that's not asking for land, but they want money? you know, where do we do apples to apples on what we're going to do? So, and what could that property be used for that would actually produce revenue for our city? And I and I know that sounds terrible, but we really have to start looking how we're going to take care of our residents and how much we're going to be charging with millage rate and and what's it going to cost the city, you know? So, we really do have to take a look at that. And I I hate the fact that Peace River Wildlife Center might be the first one we're discussing, but unfortunately they're the first one that's coming up, you know, that has to be looked at.

Is there anything else that you'd like included, changed, modified? No. Okay, that's good. Thank you. That's good information on that. And I would just like to express my thanks to City Council for the appointment of Dr. Lecovich. um he certainly makes our lives as staff easier and not having to transition to a new attorney is most welcome. So, thank you. Thank you.

Uh thank you guys as well. I'm humbled at the opportunity to continue to serve you guys. I'm trying to do my best with it. It took me a few months to get caught up to speed. well about 6 months to get caught up to speed, but I can promise you I will continue to do my best to advise you guys accordance to the law. Um, I want to touch base on what Dr. Riker indicated about I'm going to use Peace River, this document here. When I'm involved with I don't call them negotiations because they're not because if I negotiate it and then I say okay, it's basically binding you guys. So, I don't want to bind you. Mhm.

So like this particular agreement got to the point where it was okay because there was couple months back and forth and then by the time I got to the point where I could go to Dr. Riker and say I'm comfortable with this now then that's when it comes before you guys. It was just timing on why it took another month to get to you because the previous October agenda had already been set. So, I don't come in and say, "Here's how we're negotiating." In essence, I am, but I can't make the deal, right? Then,

okay. Uh, but I'll continue in that capacity as well where it's where I'm comfortable advising you guys with it. Um, code board, I'm going to try to say this openly and candidly as much as I can. Um, I know you just appointed a new member today. So, when code issues come before the code board, however the complaint comes through, it goes to code compliance and they do their investigations and send out letters. So part of my role, it's one of the few boards that I go to consistently because it's the city who's prosecuting these violations. So, I'm bringing to your guys' attention that there's going to come a point where I'm going to have to tell the board that they're overstepping their bounds because they are asking routinely about certain properties on what's going on with them. Why isn't city bringing them forward? Why do you keep delaying things? It's the code board's responsibility to be a factf finding neutral determining body. That's it. It's my responsibility with code compliance to present the cases to code board. So, I'm bringing it to your guys's attention because of the past several months, I'm going to have to get to the point where I tell code board they are overstepping their bounds where they are not being impartial. That because they're consistently asking

about cases, it appears that they have their mind made up. Now, I would do it diplomatically aggressive the way I would do it, but I bring this to your attention because if they're asking about cases and then they determine that there's a violation and the case goes up on appeal, we're probably going to have issues, not just fee issues, but due process issues and impartiality issues. So, I bring that to your guys' attention. And I haven't seen it at other boards, but and you know I use you know cuz the properties are all belonging to John Laramore on what's going on. Well, there's bankruptcies, there's receiverhips going on, there's trustees involved, and we've got all these other avenues that things that we can and can't do. Um, but I needed you guys to be aware that, you know, we're getting close to that point where I'm getting of the opinion that code board is overstepping their bounds. Um, and lastly, you still have the two suits that I'm working on, the one with R.J. Gorman and the other one with the lady suing the city for not picking up her trash quickly, fast enough after Hurricane Elaine. Um, those are the only two that I'm handling. The other ones are with the insurance carrier, but outside of that, with a Dallas sitting back there, she's keeping the legal department good, and I can report nothing but good things from the legal department then.

Thanks, Janice. Uh, I think we probably need to discuss this boat cover issue because it's come up, you know, and we've had emails and and so I don't know if that has to be council thing or how we can deal with that. If there's a consensus to from council, I will have staff start to investigate the issue and uh make some recommendations back to council at a later date. Yes, I concur. I think what would be important with that instead of investigating checking out all the other cities da da da da why don't we just use the ones where these you know individuals have come up and show us what they have there so we have an idea of what we're looking at

we certainly we certainly can do that keep on using staff time for you know coming up with these grandure you know looks what we're doing right and just well we need staff to help understand exactly what needs to be changed in the code to make those make that happen if indeed council is amanable to that type of product being used on our docks. So, do you think we should look at the book covers first and then say yes, we think this is great. How much is it going to cost? What do we have to do with it? Or do you want to like do all the homework and then we say no and then you've done all this homework? I mean, I'm not saying yes or no to this because it might be a great idea. I think we will we can put in we can do both at once relatively easily.

Okay. Okay. The other thing is um uh I think we need to be training ourselves and our staff in AI because it can be so much more efficient and it's inevitable. Uh like with Joe designing a a pickle ball court that's like state-of-the-art probably well I think it took about 10 seconds. you know, you have to know the the questions to ask, but I just feel like that's something that we we can save a lot of time and money if we can learn how to use AI efficiently. Uh, so that's just a thought. Was that a free AI?

Oh, there's lots of free AIs. Yeah. And even a paid one is like 20 bucks a month, so it depends. But yeah, that's all. Melissa. Yeah. The only difference between paid, which I pay 20 bucks a month, is the number of questions you can ask in a day. It limits you for for that. Yeah. Um but no, it's great. I use chat all the time. Um actually, I don't have anything today. Great. Yeah, the AI training is actually already ongoing and in fact Missy's working on a what's the

we're working on the policy and actually our interim IT director, she'll be up on an upcoming um agenda talking about what that policy is going to be, what it's going to look like for the city, what that means. We're not using AI right now in any manner that could um compromise data or personal information of our residents or anything like that. But I can say like on a casual basis, chat GPT and other m Microsoft pilot and other tools are being used by staff. But we need to have that formalized policy especially when we want to use it in those larger applications that have uh implications with privacy. Definitely going to still always have to have a check and balance. Absolutely. Yeah.

I don't have anything else. Janine, uh, congratulations, Dr. Luskovich.

Um, I'm really happy that you're on board and I've been thrilled with the way that you and Melissa Reichart have worked together. You guys are are phenomenal and I I really think that our city is in really good hands. Um, so I appreciate the both of you very much. Um, one thing I do want the city to to understand and and people out there, there is a burn ban right now still in effect. We're so dry. I I know these cold nights, people want to have um, you know, bonfires or whatever it is they have in their backyard. Please do not do that. It's very dangerous for the city if you're doing that. Also, be super careful if you're running your car on dry grass. That's not a good idea either. So, if you're parking in a field, say you go to someone's house, you're parking in a field and it's running for a few minutes, that could start a fire. So, just be really careful. Um, also, don't forget water restrictions. I'm glad that Tom came up here earlier to discuss that. Uh, I already have a friend calling me saying he got a $25 um, code enforcement. Yeah, bill. And he's not happy about it. I said, "Well, normally they'll probably be four times that, so take heed. Um, do not run your water more than you're supposed to right now. It's very serious. And then finally, I would like to ask the city council if you want to discuss paving of the alleys. There are some alleys that have homes that are very expensive that are not even alleys. I don't consider them alleys because they're part of the street. They're a through street. So, would you all be willing to discuss alleys and maybe having some of them paved, especially if they're developed with homes

because we still have dirt roads, the ones that like the entrance and the exit, like it's it's their front yard with the entrance and exit. I think those are the ones we need really need to concentrate looking on. Yeah, no problem talking about. So, I don't have any problem discussing it, but I think Ron has Ron's public works. Just so you're aware, we do have a large amount of asphalt millings we retained from the last paving project, and we are going to be putting millings in all of the dirt alleyways throughout the city. There you go. Amen. Well, that was great news. Thank you. I appreciate you. Solved. Problem solved.

Thank you, Ron. Oh, that that should do it. Thanks. I was going to add on no smoking to that burn ban. tell people just smoking just be careful. Um Dr. Lasco, I know congratulations by the way. Um I know that you're saying that the code boards are stepping their bounds. Who should be asking where the status is and how do they do that so that you know we keep the residents informed? Well, it's one, you know, it's kind of like you guys ask me a question and I can answer it for you, but it's up to the city to bring the cases before the board, right? I understand that.

So, it's not just, hey, when's this case coming up? There's further inquiry going into it. So that's where the concern is becoming, you know, asking about, hey, is this coming back up? Yes. But is this going to be a problem? Are we going to be able to hear this? Are we going to be able to hear that regarding this case? That's the issue. Okay.

So maybe just even at the beginning of the meeting saying, okay, these are in progress. Don't ask about this or something like that. Just to kind of keep it simple so that it kind of helps the residents as well. Um, I did ask Dr. red card to send um what kind of would might work well with us for quasi judicial proceedings. I hope everybody thought that was okay. It seemed to be pretty straightforward. It helps us know that we're staying squared away with what we're trying to do. Uh the other thing that I brought up at the pre-aggenda meeting is I am going to ask um for the mayor's award to be giving given to the Rotary Club of Pontagorta. Uh this group, not only have they done the healing field of honor every year, they do the taste of Ponttoordo, which is done, they've given almost $70,000 a year in grants for our nonprofits. They are very hands-on. They're helping paint, you know, the the restrooms at at Gilrest Park. They they're always there helping out. They're very visible. They've been here for a hundred years, and they have done countless contributions to our city. and you know I would like to um have them presented with the mayor's award

agreement.

The other thing that I do want to talk about real quick is that uh the SB1 1724 the 25% search charge elimination has been passed 21 to3 it will be going to the Senate floor. So I know that's something that we've had a concern on. Also the SB840 which uh narrows the SB80 that's put more of a burden some you know we couldn't do that that actually has passed it's moving forward. Um they're going to tie it more closely to the properties damaged by the hurricane not to any developer which is actually good. It's removing the private right of action and one-sided attorney fees and it shortens the retroactive land use freeze tied to recent storms. Um the other thing that it does have the ability to shorten the 2025's SB 180 with the more restrictive burdensome land use from October 1st, 2027 to June 30th, 2026. So right now that's looking really good for our city to start being able to work on our land development regulations. Um, and I know I also did ask and I think we have that with the land development regulations that we'll be looking at more of our parking structures and things like that by using more pvious structures instead of impervious uh just to help with any kind of flooding or anything. So, um, with that said, we're going to go to public comment. Joe Camarano for the record. And just for the record, I am um two hours and 17 minutes past my allocated time for this meeting. I did stick around. I just wanted to uh one offer uh congratulations. It's nice to see you guys moved forward with hiring someone. I know hiring is very difficult and it

people are your number one asset. So, congratulations.

Um, as far as the Bayront proposed budgets, uh, I'm offering uh, if the if the committee would uh, want my assistance, this is something that I do have experience in developing uh, outdoor facilities, I'd be happy to offer my time if they would like it. And then I just want to point out with um adding permanent heaters and things of that um I do have a lot of experience with uh with outdoor venues you you jump into a whole new different ballpark of requirements. Some of them might be fire life safety whereas if you uh put a permanent heater you may be required to also sprinkle it. I just I just ask you to really look at some of those um components before you move forward because uh this project could jump really really quickly if you do utilize permanent items. Um and uh that there are ways to pass on that cost to the consumer. If somebody wants to have a heater, they can certainly call Sun Rentals and rent one for a day.

Because if you add those things, then the city is also going to have to manage that. And as you look at your staffing, who is going to manage that? Who's going to turn it on? Who's going to turn it on off? Who's going to pay

for the the cost to do that? So, I just I think it's what you're doing is outstanding. I think it's going to be beautiful, but really keep into account what you originally proposed, which was a long long time ago was a pretty simplistic structure. Um, that would be very easy to maintain in the event of another name storm. And and that goes to the permanent structures for the restrooms as well because if it is a permanent structure, wouldn't you be required to raise it? and then you would fall into all sorts of implications with ADA requirements. That's all I have to say. Thank you.

Cindy O'Hara, PGI, I handed you all flyer. I hope that you had a chance to read it. Uh opposing an open air structure. Again, I I really see you all as senseless. Absolutely senseless. you don't have no investment understanding. And you know, I took that flyer around to a few mansions and beautiful homes in PGI uh down before you get to uh the four-way stop. And um I went to those people's doors and handd delivered them. And there was a lot of complaints about you, Mayor Lux. A lot of complaints. They think you're trashing this town, that you're taking it down,

that you're not elevating it, and personal attack.

They This is what I'm hearing. They're not happy. They are really upset with this uh food truck court that's go coming in and now you want to put food trucks and provide spaces and build an open air. The last I I talked to Sean Howard with West Coast Builders. He came to that lot and met me there and we looked at it and he said, "What are you thinking? What are they thinking?" When I told him about a open air structure, he couldn't believe it. And uh he estimated it between$2 to3 million. So this last committee, I'd like to know the names of the people that were on that building committee. We had a corrupt uh council. We know that we got rid of three of the members. Peterman happens to have a house right there where if anything's built, it's going to obstruct her view. I want to know who those council people are. And I want to know um um uh Yeah. Okay. Sorry. I'm I'm upset. And uh you know, this is a prime litter front property. Why would you waste our money on another pavilion when we already have six? I mean, come on. or five pavilions in a gazebo and four of them are constantly sitting there empty. Have you lost your minds? I mean, rarely have you lost your mind. Are you that low IQ? What is the deal? Go talk to those people in those houses at the end of the water that overlook in the harbor. They're going to think you're berserk. They're going to think you're cuckoo. I mean, come on. What is wrong with you people? Really? You know what? And I think Craig might Greg might have been right about maybe we needed to go out to bid for a city manager because you aren't doing anything to tell us what the real building cost was.

Okay, Cindy. And we have a planners that you don't

we have two planners. No, people need have the right to know what we have hired. Okay. We have two planners that have only been here for a year and they're going on and on and on with these kooky designs. They're absolutely ridiculous. And there's something wrong with this council. And I'll tell you what, I am filing I started look uh working on it today, but I got an error message. I am filing a candidate search committee. I'm going to start a candidate search committee with some of the people that I met when I was out there. They're upset. And we're going to find candidates. And if you screw up this Gilchrist Park with some hokey another hokey pavilion kiss, this is the kiss of death for your jobs, your for your positions. You will be out. I assure you. And I will put 10 or $20,000 into getting you out.

Anybody else want to speak? I'm not going to yell. Wendy Miller. Um, I was just thinking about this this uh insane yard and the neighbor has the lights crazy. Handle the lights. But please, please, we have children playing.

Fantastic. That's what you want. So, as much as I hate to hear about these awful lights, my concern is over turtles. Um, I really think you should do 8 to 8 because when the kids come home in the winter time and it's dark, what else are they going to do if they've got no place to go play? So, give it a little more thought. Please don't put a stipulation on how much they can play. Live with it. It's nice to have kids. The other thing is um the the the godforsaken bayfront. I'm so proud of that tiki idea. Um this room is probably 1,200 square foot. So if you multiply that by 5,000 square foot, you got a lot of tiki. We could give up 500 easy. Easy. They get a 4,000 square foot tiggy hut and give the boat guys their 900 square foot. You want a good example of 900 square foot? You know that bright greenhouse on Harvey in Olympia? If you don't include the back porch, it's 900 square foot. I think it looks great. Thank you.

Thanks, Wendy. Excuse me. I'm a little nervous here. My name is Rob Faustst. I live on the Costa Island Court and I'm not sure if the boatyard has been addressed because I just walked in and I just realized there was a um meeting. Has it been addressed? Boatyard. Boatyard.

Okay, it's a boatyard. Uh there's two empty lots next to my home and they're okay for staging and for 13 years I had no problem with them staging. About two months ago, they put a large piece of equipment and left it there for 6 weeks. The good had to replace the engine. Now, the engine was good enough to get it off the barge, so it should have gone back to their yard. I went to New Jersey last week. I came back to three cranes, a bulldozer, fuel tanks, um a barge, all sitting in this double lot. It's not staging. It's a working boatyard. It's right outside my house. Mhm.

Something needs to be looked at there because it shouldn't be there. And the worst case today, I walk into my bathroom. Thank God it was me. I look out the window, full Johnson out from me to you away. Standing there taking a pee. Okay. I walked out and said, "Guys, what are we doing?" Tell your boss to come over and talk to me. Got nothing from them guys. I have a wife. I have a granddaughter and they need to they need to move that stuff out of there. And that's all I'm going to ask is that you guys please turn it back into a staging area and not a a working boatyard.

The gentleman across the canal has a house for sale that's under contract. If I came down for my home inspection from my state and I saw that what was going over there, I would cancel my contract. So, just leaving it there. Thank you, sir. Sir, can we get the address for that property? Uh 30 3924 is myself. So 3930 and 3930 39 36. What was the street? Lacasta Island. Thank you. Anybody else? Thank you. Meetings adjourn. Sorry, they can