We want to uh call this city council meeting to order. This is February the 23rd, 2026. 5:00 pm. We'll ask uh Councilman SCA to Le's invitation. We'll follow Pledge of Allegiance. Father, we thank you for this day and
all your many blessings. Lord, we pray that you will guide our steps tonight, Lord, and our conversations. Let us be civil with one another. Let us accomplish what you've sent us here to do, God, and what the citizens demand of us, Lord. Please, dear Lord, forgive us of our failures in the past and bless
our days ahead of us. In Jesus name we pray. Amen. >> Amen. 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. >> For the first time, I got some hearing aids on, so I hear myself real good. So, if I'm not loud enough, tell me cuz I'm very loud in my ears right now. Uh anyway, all right. We're going to start
with the consent agenda and we would uh entertain a motion to approve as written or if you want something come off of there, let us know at this time. Motion to approve. >> Second with changes. >> Okay. Go ahead. >> Uh could I remove E1, please? >> E1. >> Yes.
>> Okay. >> And this is just for the consent, right? >> That's correct. Uh, tell me where you want it. >> If I mean, if everybody wants to move it off, I think if everyone's good with it, we move it to 3C 8.
3C8. >> All right. Uh, any other will need to be pulled off? >> Just the consent agenda, right? >> Okay. Yes, sir. I'm good. >> Okay. Uh, I'll amend my motion to include those changes. >> All right. I'm in the second.
>> All right. Uh we're we'll start with uh >> Glenn. >> Glenn. All in favor say I. >> I. >> I. I. >> I. >> I. >> Eyes carry. Thank you very much. Now we go to the regular agenda with any any changes besides the one addition.
>> I I have a question about 3C7. Mr. Mayor, I'd ask like to ask legal counsel for an opinion. Should we if should um 3C8 be adopted and passed tonight, is there
going to be a conflict of holding CRA business with within the same confines of a regular city council meeting due to public notice and anything else? >> Well, right now until 3C8 passes, you
are not the CRA. You won't be there until that resolution passes. So we want to swap them. >> Well, you can't hold the business night because it's not noticed either way. You can't take any action of the CRA night because we have not been noticed as the CRA. What I would say is we just this
was added. It was discussed at your joint workshop. They wanted to add this. My recommendation to you would be for tonight's purposes under 3C7 to delete it from the agenda and just have it on the agenda whenever you meet as the CRA board. Given the resignation of Mr.
Hamilton, there technically is not an employment agreement to discuss. So, I see no benefit to the city council having that conversation in a public meeting tonight. >> Mr. Mayor, I'd like to remove 3C7 from the regular agenda. >> Okay. Um,
>> and again, if y'all want to take that up as the CRA board, I think you have that opportunity if there's reason to. But there is no agreement as of today. >> Yeah, I'll need at least three to support that. >> I second. >> Okay. I have a second. I support that. Okay. All right. Let's just do a real
quick vote. All in favor? >> I >> I >> I >> I. >> Thank you very much. Eyes carry. So that will be deleted till your first CRA meeting. >> Well, it's deleted then we can choose to put it on the CRA meeting. >> Got all right. >> Any other changes to the regular agenda,
>> but that won't be tonight. Correct. I just want clarity. Okay. >> May not be tonight because it has not been noted. We can't stop advertising. >> All right. Thank you. All right. >> Motion to approve with the one change. >> Second. Actually, it's well two, I guess. Yes, sir.
>> Yeah. Okay. Uh, all in favor say I. >> I. I. >> I. >> I. Sorry. >> Eyes carry. Thank you very much. Okay. Kobe, we'll go to you on 3C1. Uh, thank you, mayor. This is the, uh, final invoice and the release of
retainage for the library project. And so, uh, that's an amount of $24,1510. So, we're asking for approval of that. And this will close out uh this project. >> Motion to approve. >> Second. >> I have a motion to second. Questions, comments?
>> Mayor, if this does get passed through, I'd like to give a quick presentation after this and have something else to talk about this before we move on. That's all. >> Yeah. From anyone. >> All in favor say I. >> I. >> I. I. >> I. >> I. Carrie. Go right ahead. >> Thanks, Mayor. So, uh, council, this was
a well done project um that was much needed. So, uh, we appreciate y'all taking this up and I know the friends of the library and Miss Karice does with the county. And so, uh, Miss Karice is here andrew done a great job overseeing the project, the contractor, diversified general contractors. Mr. Hamley is here
for the friends of library. So, I got something I'm going to pass out everybody because this is a big deal. It's a big deal to keep this library up and to keep it going. That's the oldest operating library in the state. So, I want to pass something out and if Mr. Hamley, Miss Karice, and Andrew come up. And I don't know if Jamie's here. He's not. That's okay. If this three
would come up and y'all as well. >> You want to do a picture? Is that what you >> Yeah. >> These are dirty. So they're they're real. >> Told me to get them clean, but that would be that would be any good.
>> Thank you. You know, I really thought what they did is they brought they thought we're going to have a little, >> you know, tomato throw in the night and they gave us >> can get together too for us. Come on outside. brought some baby.
>> I'm sorry. >> Wouldn't be fun. >> You move that chair out of your way. >> Thank you. Good catch. Thank you. >> Thank you. >> Thanks, sir.
>> All right, Kobe, we will go to 3C2. I'll give everybody just a second. Mayor. Okay. Okay. 3C2. Mayor uh contract extension uh with waste management the first amendment. So council the mayor and I met with waste management shortly after that meeting. Y'all told us to go and
negotiate. Um we had questions. They answered our questions. I was comfortable with moving forward with that renewal. I won't speak for the mayor. I'll let him speak on his behalf. U but ultimately we come to just a general extension of the current terms of our agreement for another five years from September 30th of 2026 or October
1st of 2026 to September 30th of 2031. >> Motion to approve. >> Second. >> All right. We have a motion second. Uh any comments or questions? >> Were you good with it, Mayor? >> I was absolutely good with Yeah. Uh,
anyone from the public? All in favor say I. >> I. >> I. I. >> I. >> I. >> Eyes carry. Thank you very much. All right. Good deal. All right. We'll go to C3. Thank you, mayor. Uh, facility rental applications usually don't come
to the council. However, uh, this particular one, uh, the event is renting the Chicago building between the landmarks and the WFort trust. And so according to resolution 2017-04, uh any facility that's being rented uh
and will charge a mission for events must have approval to by the council regardless of the organization. Uh and so we are just seeking approval of that application knowing that emissions will be charged for that event at the Chicago building. >> Motion to approve. >> Second questions.
>> Okay, go ahead. >> Actually, it's just really a comment because it goes back to what Mr. Harrison said the uh at one of the previous meetings about hey we need to be careful about precedents and we've never done this before to my knowledge where >> um
we are approving uh people to go and have their functions but charge admissions. >> So I kind Oh, we have numerous >> times. Okay, so help me out because I just didn't maybe was unaware. >> I didn't write to the list and bring with me but trust me we've done it several times. the the I think uh two or
three years ago the Shiakwa uh held a festival a gayla and there was an admission fee for the gayla >> and we rented it for that and we're charged for that. >> So do we get anything over and above just what their rental fee is or no they >> just what the rental fee is. This
particular one also will be having alcohol at the event so they will have to pay additional for that. That's that costs more on application along with the insurance requirement and the the requirement have police officers present. >> Okay. I appreciate that. Thank you. >> All right. Any other questions or
comments from anyone? >> All in favor say I. >> I. >> I. >> I. >> I. >> I. >> Eyes car. Thank you very much. And now we'll go to 3C4. >> Thank you, mayor. Uh few weeks ago, we all talked I've uh informed everyone and and public should have seen some notices
we sent out on some potential higher gas prices uh due to the arctic storm that went through the southeast a few weeks ago in January. Um and so in January of 2025, the city's gas bill was $64,000. Uh in January this year was almost
$91,000. So about a $27,000 increase. Um, so staff's recommendation to the council, uh, because this is we want to make sure the public is aware and has the ability, um, if they have any issues with that, our recommendation is to pass that cost to the customer. They burnt the gas, uh, but to provide on request
of the customer a three-month extension of the additional cost. So, if that customer's bill was on average $200, they would still pay their average bill, but anything above and beyond the 200, we would give them the opportunity to stretch over a three-month period. So, that's our recommendation to the council if y'all are so willing. Motion to
approve. >> Second. >> All right, we have a motion to second. Questions, comments? >> I'm assuming there'll be no late fees, no additional interest or anything like that. Correct. For the payment of that over that three-month period. >> If you pass and somebody opts in, yes.
If they just don't pay their bill, that's another story. >> I just want to clarify it. I assume so. Mr. Bomb, I >> I just wanted to stress that this is an optin. If you if you want to have it deferred over the three-month period, you must make that election. You must come to city hall and make that
election. This is not going to be automatic for people. They have to come to city hall and communicate that to us. >> Yeah. >> Correct. >> And uh we we do anticipate a small increase in February, not as much as this one. Um if y'all are comfortable with it as well, if y'all would you're if you're comfortable with that in
February, we could do that as well. Not to bring it back or we can wait and see where that gas bill comes in at if y'all would like. question. >> Yeah, go ahead. >> So, just to be clear, our customers are going to see a potential increase in their upcoming gas bills. This is going
to give them the option to either pay it in full >> at the increased rate or they can split it over the cost of three months. >> Yeah. >> Period. >> Without incurring any additional fees, >> correct? The increased amount. Again, they would pay their average bill. They'll still cover their average bill,
but anything above and beyond the average, we would allow them to do over a three-month period. >> And I'm not a natural and I'm not a natural gas customer. But when you say average, Bill, I'm going to assume that >> their average >> their individual average of that home or that property.
>> Do all of our customers have build on their average versus actuals or is there a true up period at one point? >> So every month they get build on the actual use of gas. What I'm saying is we would have to look at it and see they'll probably pull we'll pull a 12-month average the same as we do with a water >> service. Oh, to to allocate the increase
that you're going to pass on. Correct. Thank you. >> Anyone else? >> All in favor say I. >> I. I. >> I. >> I. >> I. That was scary. All right. We'll go to 3C5.
>> Thank you, mayor. Uh this is a discount natural gas rate directive from FGU. So we already have a few of these in place. Uh FGU, Florida Gas Utility is essentially uh our gas association that we are a part of. They lobby on the city's behalf. They help us with our
marketing. They help us with our rates, things of that nature. And so we have the ability from time to time uh to buy natural gas at a discounted rate from other entities who may have bought a surplus and need to sell it. Um, and so this is would be another directive that would not become would not be effective
until November of 2026, but it would essentially get us up to where the city uh 80% of its daily use is participating in discounted natural gas transactions. So this is good for the city, it's good for the customers. I know counciloman had a question. We talked about a little bit how this affect customers. It will
also customers are you going to see it in terms of 10, 15, $25? Probably not because it's pennies on the dollar, but it is also passed to the customer because our customer rates are based on the market rate at what we purchase it at. So that's what we're asking for approval of this directive which become
active in November of 2026. >> Motion to approve. >> Second. >> A motion second. Comments, questions? Yes, ma'am. Just a comment that Kobe and I also uh talked about it because I wanted to understand how we accumulate
and account for the inventory that we supposedly have all the time because is this first in first out? Uh and he's going to bring that back to me at a later time. But that was my concern is how much do we stockpile
in order to give to our customers and how do we account for that? So Kobe, if you just bring that back at a later time or let me know, that would be very appreciative. >> Yeah. Anyone else? Any comments? All in favor say I.
>> I. >> I. I. >> I. >> I. >> Eyes carry. We'll go to 3C6. >> Uh ITB 20261 UT natural gas station sand blasting. Uh we budgeted $60,000 in fiscal year 2026
to uh sand blast and repaint the three natural gas stations in town. Uh we bid that out. Those bids came back increasingly higher than we had expected. Um I don't know if that's due to our initial estimate being off or if things may have changed. We did receive
a lot of questions during the process that we did not anticipate. So ultimately what I'm going to ask is we had two bids um and I'm going to ask that we reject all bids as a formal action and then staff will at a later date either this fiscal year or budgeting for next fiscal year um carry that money forward and then readvertise
we have the appropriate amount of money. So >> motion to reject all bids >> second motion second questions comment anyone? All in favor say I. I I >> I >> I >> eyes carry. Thank you very much. And
then we'll go to 3C8. That'll be Councilwoman He. Okay. >> I don't have a um I had a few questions for the city attorney. And if you could just maybe just jot down what my thoughts are and answer them after I put them all.
>> Okay. So, and this is just for clarity and understanding. It's not really second-guessing what's there, but I'm curious to know, it doesn't explain what happens to the existing CRA board members or how the authority transfers from the volunteer board to the city council.
Um, so if you could just educate me on that and then without that language, um, I'm just trying to figure out how to lessen any confusion on contracts, obligations, and ongoing projects that we have. And I want it's important for
me and and I'm assuming everybody else that the public understands the action. It's just an organizational decision about our governance, right? Not not against any actions uh for um
some of the contracts um and the additional adding language confirming that existing contracts or the redevelopment obligations remain in effect. how does that protect the city from any unnecessary legal disputes that uh
might exist or occur? And then I just know I want to make sure um the the public fundings are transparent, sound, and defensible. And I didn't know if that any of that needed to be in the resolution before adoption. So, if you
could help me just understand those points. >> Sure. And I'm going to go in reverse order if that's okay. So the language about adding anything as to the contracts of the board. The reason you don't see that in here is this is literally the resolution describing who
the governing board is. And if you look at the resolution before you in the third whereas provision, it references 1633571A. So, Florida statute specifically says you will designate yourself at the time you adopt the initial resolution or
thereafter. It says or at any time thereafter as the governing board. So, because that's what that statute does, this is no different than changing one of your appointees. So, if you weren't doing this and Mr. Cosman has an appointee to the CRA and that appointee
resigns, he's got to appoint somebody new. It doesn't affect the contracts, the language. The other reason it's not in there is under 166041 either sub two or three that's the ordinance and resolution statute that governs us. We have to embody the single subject rule. So every ordinance and
resolution has to embody but a single subject. So in this case the single subject is just that 3571A who the board is. That's why we don't have it. But is going back up and that's why I want to address that first. You're right. This only changes who the
governing board of the CRA is. It doesn't change anything else. The CRA is a separate and distinct legal entity from the city council and the city of Defunia Act as a body politics, so to speak. What that means is contracts that
people have entered into with the CRA are still binding and valid up until the point they're terminated under the language of those contracts. So, no different than if all five board members are replaced with five new appointees. That doesn't impair the contracts or otherwise. Um, in terms of contracts remaining in
the name, yes, they are with the agency and so they will clearly remain with that. And the answer of what happens to the board, again, I think 357 is abundantly clear under the CRA statute. The governing board is defined by the city council. And since the statute says at any time after that initial
resolution, you can declare yourself the governing board, all of those seats are immediately wiped out and you become the governing board effective immediately. Uh, I will note uh that the attorney general, when you and I didn't talk about this in advance, but I did go back and look to see how this plays out. You
can't go from yourself after you do this back to an appointed board. The attorney general is very clear. The statute allows the city council to reestablish itself, but it doesn't allow you to then re-reestablish an appointed board. Statute silences to that. Um, and then it's specific that the city council can
appoint itself, and that means all five of you have to serve. And then of course, as we talked about last meeting, you have the option to add two appointees. Since that did not get discussed at that meeting, I just went with the straight five city council members. The mayor is no longer an official member of this council after the charter change. So, that is one
difference that has occurred since the last time the city council served at the CRA board. So, he won't be your chair of that meeting. You will have to select somebody to chair those meetings. Um, we can do joint meetings. Thank you, Mr. Ch. I'm sorry I flipped those buttons the wrong way. Um, we can do joint
meetings as long as we notice it as such, but it is my recommendation as best as possible to keep your once a month CRA meetings separate from your city council meetings at least initially just till we figure that out and address it. But that's why it's this way and that's
why it's presented before you. But this would make you the CRA board and the five of you would immediately become those board members. >> Okay. Did I hear you correctly? That will not you can't revert this back again. You cannot. >> We only had that option one time and that was in the initial resolution said
the council would serve for a limited duration until you can make appointments. >> The attorney general's been abundantly clear in the absence of some statutory authority that you can come back and change it later. You cannot do it. And so this is our one change. >> Okay.
All right. Um, did you have any request that >> I just wanted him to clarify that? >> All right, good enough. >> So, I need to say motion to Well, I don't want to be the one to say that. >> Well, we have to have a motion if you want to do this. If not, >> I just wanted to make that
>> motion to approve resolution 2026-04. >> Second. >> I have a motion. Second. Any other comments or questions from anyone? All in favor say I. I. >> I. I. >> I. >> I. Eyes carried. Thank you very much.
And we will You don't have to read anything there, do you? >> No, sir. Not it's not. >> Okay. And so we'll go to 3D one. Mayor, while while Chris is coming up, I missed something earlier. If I can go right ahead. >> I uh this is my fault and I apologize.
Miss McKenzie, Miss McKenzie was really helpful in the library as on the WF UW WF trust historic trust side. So, I really do apologize and we'll we got a break. We'll get it to you, but we appreciate their efforts and everything they did to assist us in that. So, thank you, M. >> Thank you. Thank you.
>> All right, Mr. Wallace. >> Yeah. Good evening. This is the approval of the final plan for what was 2024 SD-03, formerly known as the Heather Lane Town Homes. It's now being called the Walton
Point Final Plan. And the reason for that change is that instead of going with town homes, they're going to build 65 single family homes as opposed to twice as many town homes.
um the infrastructure did not change. So what we're requesting tonight is acceptance of the the roads, the water, the sewer, the storm water pipes, the detention or retention pond will remain
under the control of the HOA and then the developer would like to develop this in three stages. instead of paying all the capacity fees up front, paying them uh 35 upfront and then 15
and 15. So it be in three phases and I'm going to refer to Mr. Atinson on the uh logistics of of doing that. >> If that's the condition of the approval, you can do it. >> Before we do that, will you please remind me where physically what it where is this located?
>> It's on the corner of 83 and Walton Road. >> Got it. Thank you. >> Yes. Okay. >> Question. >> Yeah. Go ahead. I'm sorry. >> Um, Mr. Wallace, the uh I know there's a maintenance bond. Will the maintenance bond being
requested be enough to cover phase one, two, and three, even though developers asking to to be able to pay the capacity fees for each? >> Yes, sir. They'll have to pay the entire maintenance bond up front. >> Okay. And that will cover not only any damage to the the current infrastructure, but that will also
guarantee the installation of the sidewalks and the trees that are required there. >> And what is the percentage of that bond just for the record? >> Oh boy. I believe >> that's a question off the top of his head. I'm sorry I didn't. >> I believe it's 15%.
>> So it's 115%. So they have to provide a bond that is equal to the full value with the overages. No, it's only 15% of the total. >> 15%. That's why I want you to clarify because we have this come up before. This isn't That's why I wanted to cover. Is it the 100 or the 15, excuse me, the
115 or the 15 of the total? >> Yeah, it's the 15 of the total. >> So, that's all you're getting. >> But that's why they have to pay, but is of the whole amount. >> All three phases. >> Yep. >> Okay. >> Because we're looking Did we get a motion yet? Okay. >> No. A motion with with including the
three phases. >> Correct. That's what they're requesting. Yes, sir. All right. All right. Anybody want to make a motion? >> I'll make the motion to approve with the three phases.
>> I'll second it. >> Okay. >> What I do have a question, M. What's the purpose of the three phases instead of going ahead and getting it over all at once? >> I >> Oh, sorry. I understand that part, but is it more an advantage to to them? Is it to a
disadvantage to the city that we don't collect all at once? >> Uh I mean you could look at it two ways and I'll let Mr. uh McCormick explain the reasoning behind it. >> Okay. >> Um the longer we wait, the more those fees increase. So if they
paid 65 fees today, it's going to be less than what they would pay if they pay 35 today. The 15 additional after October 1st when our rates increase. Okay, I'm good, too. I >> I would highly encourage the council to
in most cases, probably 95% of the cases to accept a proposal that attaches the development rights to the payment of capacity fees at the time of the phases because otherwise you're creating phantom capacity. Our engineer has to book into our plant. Then when that development for whatever reason stalls
or doesn't go forward, we're looking at doing plans for a new plant, trying to go out for loans, trying to build a plant based on phantom capacity. We can get way ahead of ourselves in the system if we do that and we really want to try to avoid it. >> We a lot of trouble to clean up our
impact fees when we adopted capacity fees to avoid that issue in the future. >> Any other questions or comments? >> So So does this request a motion cover that CL? >> Yes, sir. >> Okay, mayor. question, Professor Atinson. Uh, Mr. Atinson, typically, and Chris correct me, typically we come and
the council has to approve the DO for construction, correct? On projects, but we have to do three separate DU approvals or we given Mr. Wallace the administrative approval on phases two and three as they finish one. >> My understanding is that all three would have to come back before the council.
>> Yeah, I think this would include this would include phase one of whatever and yeah, we can bring back phase two and say they >> So, you've done phase one. You're approving that, but phase two and three have to come back. >> Okay. >> Just want to clarify. >> That's how we'll know we're getting our money paid, too.
>> Yep. >> Anyone else? >> Just Yeah. Go ahead. >> Yeah. Ju just clarify. I might have missed it. So, when phase two and three comes about, we don't know when that will be. Are we locked into what the fees are now or?
>> No, sir. The effective rate. Okay. If >> he goes up 2,000% that's their gamble. >> There you go. Okay. Anyone else? >> Just make sure. Mr. McCormack, are you are you understanding of everything? >> Okay. He does.
>> We appreciate you, Mr. McCormack. >> All in favor say I. >> I. >> I. >> I. >> I. >> Nay. >> Eyes carry. Thank you very much. All right. Uh, we want to move to You have to proclaim anything here. Just move right on to
>> N2. Okay. Go ahead. >> Yep. So, this is uh 2023 SD06 for the McCarthy Estate Subdivision. It's on Walton Road just west of Pinehurst Estates,
if you're familiar with that, or 20th Street. Uh it includes 29 lots. It includes three storm water ponds based on the the topography of the land there. They had to install extra ponds
which is not normal but those will be maintained by the HOA. So it's 29 lots. The city would be responsible for the roads, the water, the sewer, the storm water pipes, those ponds would be responsibility of the
HOA and they have paid all their capacity fees up front. I have the maintenance bond um seated on my desk. So, they're ready to go if we can get approved from the council tonight to let them move forward
with the deal to start construction. >> So, we are taking on the roads on this one. >> Yes, sir. And we've had core samples on on both Walton Point and this one here that both came back um satisfactory. So,
>> motion approved. Second. >> Amy, >> can you repeat your list of what the city's going to take? >> The roads, >> the water. >> Yeah. >> The sewer, >> the storm water pipes, but the HOA will be responsible for the storm water
detention ponds. >> And this is 29 homes, so not a very big lift station. What? >> Uh, I believe it's all gravity fed through there. >> Thank you. Anyone else? >> Mayor. >> Yes, sir. >> Are there any safeguards when these
developments start to keep it from ending up like Orange Avenue? >> Well, that's that's part of the reason for that maintenance bond. Uh, is that they've they've completed the the
problems down there are completely different from what is occurring here where they have all the infrastructure in place. they just have vacant lots. Um, if there are any issues, the city has the right now to come in and correct
those issues and pull that money from that bond so there's no cost to the city if there are issues. So, that that's to protect the city um and to guarantee the work's done correctly. >> The original contractor just walked off,
didn't he? >> Not on McCarthy Estates. No, >> we're talking about Orange Avenue. Well, we can't we can't talk about Orange Avenue under this topic, unfortunately. >> I was just >> But yes, that that is a fair statement is that we had an issue with the original contractor defaulting on their obligations.
>> And we're protected now. We've learned from that mistake. >> If somebody literally just walks off and they never issue a bond, it's a problem. You're getting a m you're getting a warranty bond in this case. >> Thank you. And I would also note that project fell apart a lot earlier than even where
we're at on a project like this is the other problem. >> Thank you. >> Amy, >> what type of issues are you talking about? So that I understand you were answering his question. >> Issues down at Orange Avenue.
>> No, at if an issue arose at this >> Well, say if we've got a >> come in and then take from the bond. Let's say we've got a a waterline break and the contractor just refuses to fix it. That's where we could
institute that bond, go in there and fix those types of items. >> And then how much is this bond? >> Uh 15% I don't know off top of my head. >> Do you have the documentation there or >> I don't have it here with me? No.
>> Kobe, do you know how much this >> Kobe doesn't know? >> 15% of the project. Yes. >> I'm assuming it's around. >> So, in the future, would you just bring that >> would you bring back the project cost in the future? I mean, is that something that we have on file? >> Oh, yeah, absolutely. That because the
>> it's in our file. So, yes, he should be able to bring that. >> Okay. >> Yep. >> Thank you. >> Anyone else? >> All in favor say I. >> I. I. >> I. >> Nay. >> Eyes carry. Thank you very much. >> All right. Thank you.
>> Okay. Uh All right. to request to be on the agenda. Jay Warner and Terresa Jones and Habitat for Humanity. Uh, come on down. >> Good afternoon. >> Hey, how you doing?
>> I'm Jay Warner. I'm the board president for Habitat for Humanity in Walton County. Four weeks ago, this group gave us uh conditional approval to start a subdivision within the city limits, which would be nine
affordable houses over a 2-year period. Subsequent to that, there's been some changes that have been requested. So it caused us to stop um the action of the development order which we were given the following day.
Stop the contractor, stop the material procurement until we could um come to a conclusion on what those changes were. Those changes are nearly understood, incorporated, and put into a
revised set of plans. And hopefully this week we'll be able to re-trigger that with the contractor and be and commence on the infrastructure that you gave us approval to start. Um a
um bank letter of credit has been surren has been provided to Chris um for the performance of this um infrastructure. And but in the meantime, with the time that we lost getting to the conditional
approval and this additional time, um we're at nearly 100% risk of losing one federal grant that was going to be um used to help pay for this infrastructure improvement.
And if time isn't um isn't triggered rather quickly, we run a risk of a second one. It is our request for this agenda item tonight to be able to
either amend the conditional order that you gave us to include the commencement of uh house foundations for the first five houses. concurrent with the infrastructure build
for which there is no conflicting work or um in in terms of any of the efforts between the contractor that would do the infrastructure work and the contractor that would put the foundations in. there is no additional cost to the city,
no additional risk to the city, and it would allow us to capture some of that time that we've lost and and at at minimum maintain the second grant that I referred to. Um,
and whether or not there's any possibility that we can get an extension on the first grant and be able to recapture that, we still have to work on. So that's the purpose of the agenda item today. There are any questions?
>> Go ahead, >> Mr. Mayor. I don't know who the best person is to help me understand, but I'm not understanding their issue. Um we were given conditional approval to start on the infrastructure which is the sewer extension
and um water line and so forth >> for the subdivision. That conditional approval came from this body >> right in just the past 35 days. Four weeks four weeks. Yeah. >> Four weeks ago. >> I don't have a problem with that. What what I'm not understanding is why do you
what additional what has occurred that you need us to >> that the the public works an engineer requested changes to the plan that was submitted. >> So the city came to you after we approved it and said look we've got some
issues and we need to address them. >> Correct. When we submitted to the city the application for the final um uh environmental approval permits, that's when that discussion surfaced. It required our engineers to come and meet
with your public works and your engineering and to in order to understand what it is. Now, truthfully, the changes that they're um putting into it are probably going
not probably, we think they will reduce the cost of that project, reducing a manhole cover, reducing a water line, etc. But it's the and so in that point of view, it's a good thing.
Secondly, uh but but unfortunately it also costs us time to be able to accommodate it. That's the part that's that's that's do that's doing injury to us. >> So you're needing an extension on something that we did 30 days ago.
That's what you're requesting then. What we're requesting is the approval to to start simultaneously with the infrastructure project, the construction of house foundations,
the footings, the the foundations on five houses that will be done inside that subdivision. That's the request. >> So, is that outside of what we normally do? Could somebody explain what we normally do then? >> Mr. Wallace, that's why I wanted you to come on up here to walk through what
would happen in every one of these cases. Just to be clear, your January 26, 2026 approval was to approve the preliminary plan and authorize the issuance of development order for the infrastructure, specifically the sewer main. That's all this council approved.
They're now asking you to expand that DO and we'll be ahead of our process, which would require variance. Correct, Mr. Wallace? >> Uh, technically by our code, it's a two-stage process. just like we uh just spoke about with the prior two items I had on the agenda. So before you start
explaining what is could you just tell me what is the variance that would need that >> that's what I'm gonna have him walk through the variance from the two-stage process that's all I want >> the two-stage process we issue a development order for the infrastructure which is what we issued on
>> January 26th >> 27 >> 27th um what we did tonight when we brought back McCarthy Estates and Walton Point was is we accept accepted that infrastructure. It's been inspected. We said it was all
good. And then the council authorized me, the city, to issue development order for the construction of actual homes. So, normally under normal circumstances, the infrastructure is put in, no
construction on the homes begins until the city accepts the infrastructure, the bond is put up, and we have some assurance that those homes are going to be built. So in this instance, we're asking to wave that process that we
normally would do in order to accommodate whatever they're fa whatever hiccup they're facing right now. >> That would be >> that's what their request to you is. And I'll talk about the variance process after Mr. I just want Mr. WS to get our process on the record because we do have
one hangup here. >> And you said two two steps. So what's the second step? >> Uh they would bring >> the vertical construction. >> Oh, okay. >> Yep. >> Thank you. Let me make a comment too because I'm very familiar with this group and and they've done a lot of work out in the county. Uh very similar to
what they're doing in the city right now and uh these guys have been around on time. They they've done some awful good things. Um you know, we had a bad experience. We just talked about over on Orange. Uh that's somebody we didn't know
and uh didn't have a reputation ready to lean back on. But uh I can I can tell you about this bunch here and they've been very very responsible. So just my little tag on that as a comment that you may or may not
know. Our Habitat organization has built 75 houses in Walton County, all affordable and 75 families, a lot of single moms and kids and so forth. So and several within the city limits of DeFuniac as well. Chaffen and Bruce and
different places that we've done at Toledo. So, we're quite familiar with this area >> and and I really appreciate that. And I'm a big fan of Habitat. Um I'm struggling right now in my mind uh when this comes for a vote just because I
need to be consistent with everybody and not pick and choose. I like to be consistent with the rules. But Clay, you were gonna explain something for me. Mayor. Well, so 18, your variances are governed by section 1822 of the city code of ordinances. I'm not going to
read all of it for you, but I'm going to read the certain sections at least of why I think this is a concern. Subsection A says requirements for variances. And it says the city council has the authority to grant such variances as it deems in the best interest of the citizens of Definiac
Springs after receiving recommendations from the planning board as provided for in chapter 12 of the code. Right now you don't have a planning board recommendation. Say it requires a petition be made and discusses exactly what the petition
would include. Um, I would say that the letter covers a lot of it. I don't think it personally covers all of it based on my review of their letter, but in any event, they have to do it. And then it says the petition shall then be presented to the planning department who
shall review it. And if the planning department, that's Mr. Wallace, finds its improper form, he is required, shall present it to the planning board within 30 days of its receipt. Again, that's not happened. Subd says the planning
board shall, again, mandatory, review the petition and present its recommendation in writing concerning the request to the planning department. You then have at that point in time a situation where there's a hearing on the petition, and that's probably where I
have my biggest concern. It says, "Upon receipt of the planning board's recommendation, the planning department shall cause a copy of the petition to be mailed to those entitled to a copy and shall notify the persons of the date that the city council will consider the variance." A copy of the petition and
notice shall be mailed 30 days prior to the hearing. You've got a notice issue that you have in your code that if we take this up tonight, you're granting a variance without adequate notice. And I recognize this is a wonderful group that's doing
wonderful things. The problem is your code, the only way for you to vary from your code is to follow 1822. And it specifically says in there you have to do that. And it says in addition to notification, the clerk shall publish
in a newspaper of of general circulation a notice that contains the following and list several things including the date, time, and place. And I I'll confirm. Not trying to put Subie on the spot here. She doesn't know, but I don't believe we ran an ad in the paper for this variance
because we didn't have a chance to. So, the problem is even if you find it in the best interest, the planning board hasn't heard it one, and two, we haven't followed our notice requirements to hear it. I understand they're under the gun. Um, Mr. Wallace, can you shed any light at
all? I'm going to try to be as generous as I can to these people on this ask about what the issue with the development order that changed from public works and the engineering was and if that's outside the normal process. I mean maybe if there's something we can find that we're outside our process that
might open the door but short of that. >> Well, and I'm not going to uh stand up here and place blame on anybody. Uh, our engineers had requested two hydrants, one on Van Avenue and then
a 6-in water line down the private access road that will have three homes on it. And they had requested another hydrant at the end of that line. Um, that was in their original plans
that was approved. Upon further looking into the code, that water line along Van Avenue is only a 4-in line. So, by the Florida Florida Fire Code, you can't tie a 6-in hydrant
into a 4-in line because you're not getting a proper flow. So, we met on site um not with Habitat, but um city staff met on site earlier this week and determined that the best solution for
them was to tie into the 6-in line on First Avenue or First Street that provides adequate fire protection. They've got to be within 600 ft of any home. We measured it out. that meets
that there's an existing hydrant at the corner of Third and Cook. Uh that 600T requirement is met by that hydrant. So as far as fire safety is concerned, we're good there. >> And that has been covered administratively in-house to the city.
That's not part of the variance we're dealing with now. >> Correct. Yeah. >> Want to be clear, we've already covered that change for them without making them come back. So, what that does, it saves them a hydrant and it saves them about 200 ft of
6 in pipe. Um, yeah, it would have been nice if fire engineers would have picked this up ahead of time, but hindsight being what it is, here we are. >> Yes, ma'am. >> When's the next time this can be brought back before the council
after the 30? because I don't know what I'm not I don't have a calendar in front of me for 30 days >> process it be at least a month and a half because you've got to go you got to go to the planning board you got to notice it >> but we could run if we wanted to fast track this the fastest I can squeeze this I was I tried to do that math a second ago
the fastest I think we could squeeze this thing in would be to say that a copy of the petition and notice of a hearing on petition shall be mailed 30 days if we can get the petition filled out Mr. Wallace make sure that their
letters conform to the petition. If that happens tomorrow, we can mail it out 30 days from tomorrow. Put you ballpark March 23rd and you could have planning board here at the 1 of March. So 30 days from tomorrow
>> Monday anyway, right? Planning board, >> but I don't guess it go before them yet. >> Well, the the deadline for the planning board is the first Monday of each month. I I would I would say if this council wishes to add it and direct the planning
board to hear this under the circumstances that's within your authority. >> Can we do that? >> Yes, ma'am. >> And then I have one more question. Could I please ask the applicant a question? >> Go ahead. Yeah. >> Um what would that do for y'all? Could y'all live with We're going to try to
help you out, but we might have to wait for >> It's going to guarantee a loss of >> I'm sorry for that. I mean, I'm I don't I can't control that piece of the puzzle. >> Mr. Warner, question on the grant. Have has Habitat requested an extension on the grant be before now?
>> Well, go ahead. >> We've already lost the 12 We've lost $100,000. This is to maintain 125,000. I know I um sent out correspondents to the city. Um just so you guys know, we had excessive delays just even getting here.
Um, so not pointing fingers, but we're supposed to have expedited permitting. Um, you know, per your land development code, the LHAP and everything else for Wen County, which we didn't necessarily have. I understand you guys went through changes in an engineering firm, but that tied us up and we're now at six months,
which we didn't expect. Um, so we will definitely lose that first federal grant that I worked for. They won't give you an extension even if we try to help you with like with a letter or something that says we're working on it. >> It's it's federal. It's just those
deadlines for it. So, >> take an extension on the second one >> at this point. >> I hate that for y'all, but I mean, we've got to do what we've got to do also. >> How much is the grant that you're going to
>> perhaps forgo? >> We can keep the $125,000 one. Um, like I said, this is federal money that came in competition between 21 other hundred 2100 affiliates. >> If the council approves the expedited hearing of the planning board and having
this set for it, what's our last meeting in March to the council? >> March 23rd. >> So, if you advert if we send it out tomorrow, we can Mr. Walls, excuse me,
>> when when is the applicant's deadline on their grant? What is the last? >> We were talking about the second grant, right? First one's already too late, right? >> You already lost the first one. Correct. >> Okay. So, what is the deadline that you could potentially lose some off of a second one?
>> Um, we have to begin and finish the construction by a certain deadline is what it is for that. So, we have to have the houses transferred with our process. Um, >> what is that? >> I apologize. I'm trying to scan through because I don't have the in front of me. >> Apologize um for that, but I can send it
as soon as I >> Sorry, I'm >> That's okay. I understand. >> Um if I if I could speak to the other question, um Mr. Agson, I believe that one of our
requirements of the 30-day notice is that that notice includes the planning board's recommendation. And without that, >> actually, when I just went back and read it, I thought it did too, Chris. To be quite honest with you, it actually
doesn't say that. Um, it says upon receipt of the notice, you shall cause a copy of the petition to be mailed of when the city council will consider it and a copy of the petition and the notice of hearing on the petition shall be mailed held 30 days
prior to the date of hearing. And then the newspaper general circulation requires the legal description, the type of variance, and the date, time, and place where it'll be heard. Ultimately, the council will be taking this issue up after the planning board
makes a recommendation of its Monday. I think the language that says upon receipt, the planning department shall cause a copy of the petition to be mailed is less important than the 30-day notice that's required to be mailed. I think if you don't adhere to the 30
days, the first sentence is ne negligible. But since you don't actually have to mail the recommendation, no, we could get away with this one if we wanted to help them. >> But >> it's the only way I can see to do it. >> Well, and I would uh you'd mentioned March the second meeting in March,
>> March 23rd. So, we got to get it mailed tomorrow. >> Um deadline, >> but we cannot get the legal notice in the newspaper until next Wednesday. So in addition to notification, the clerk shall have published um a notice that contains the following and our ordinance
is silent as to when that notice is. Our historical practice, I think I wrote a memo on this 8, nine, 10 years ago that in that situation, it should be noticed on the date of all notices for that meeting. So whatever would be on that meeting, we can do that a week before.
The 30 days does not apply to the newspaper. >> Okay? >> I've dealt with that many years ago. Do you have fun? >> Yes, sir. Mr. Mayor, so in in hearing from the applicant, um there's been some phrases used like six-month delay and
injury to them. So, I would like to understand that from the city's perspective. I would like to understand either from city manager or from the city attorney or from the planning director, you know, their response to to those those comments.
I know that we had some >> Yeah, I mean I'd be more than happy to answer from my perspective and and again I don't want to throw >> anybody under the bus. >> Yeah. >> Um the original engineer for the project who had designed and originally
submitted um at one point Habitat broke ties with that engineer and went with a different firm. So, we kind of started at ground zero again with this new firm. Um, now I
will say our engineers who reviewed it, this was one of the last two projects they were doing for us >> prior to the expiration of the contract. I'll leave that where it is. >> Yeah. >> Um,
and there were a lot of changes that needed to be made that we got corrected. Um, so I feel like it was a everything kind of worked on the timeline. It was just there were a few unexpected hiccups in the middle that don't normally occur
with a project like this. >> Got I'm just confused. I think the language is too the explanation's too broad. I'm not picking up on whatever the message is. So I need clarity for what Mr. Beerbomb has asked for. >> Well, I >> maybe be a little more specific, Chris.
I I have no problem if he wants to put it on the record. I know you don't want to say anything negative about anybody, but I think it needs to be laid out for the council. I mean, we need it on the record. >> What I would say is one thing >> and I'm learning it for the first time, too. Just so we're going through this. I want to hear it myself >> and and correct me if I'm wrong here
because I don't want to speak out of >> exception we have the beginning of this process. I can claim some of my own fault for not having experience with subdivisions. We built 75 houses single family. Permitting is quite different.
We did change engineers and we went with an engineering company that has a lot of experience with the city of Deon. So they know your process. They know the requirements. It was part of the reason for going with them. And their judgment
was we should be a should I guarantees that we should be able to get approval for this simple subdivision within three months. Now, let's see. And I'll say too, we we've had some issues with somebody who was finishing
up a contract with us and some of their last two or three tasks were very very very very slow. >> So, so >> I'm talking about engineers. Go ahead. What everybody's saying politely basically is every time we would ask
where we're at in the process because I thought we were coming before the city council in December and every time I asked we had no feedback from your engineering firm to feed back to our engineering firm and with the holidays and everything else that this should have come before the committee. I was
under the impression that we were coming in December. >> I just caught on to what the >> Thank you. >> I think everybody's just being nice. So basically the engineering firm did not comment and dragged it out and we're supposed to have expedited permitting. >> So your engineer produced every you the
applicant gave us everything but then we subbed it out to ours and we didn't hear back until >> correct. >> Understood. Thank you very much. >> So not by fault. Like I said, working with the city's been great, but the engineering firm drugged us out. Then it was the holidays and now here we are.
>> Understood. Thank you. >> Go ahead. In the spirit of trying to work with you and fasttrack this, um, I'm really bad on names. Um, the gentleman sitting next to Gary, Gary, could you nudge him, please?
>> Is your is your newspaper daily or weekly? >> It's a it's a media outlet and it it comes out whenever it comes out. >> The newspaper is not going to be the issue. >> Okay. The next qu that that takes care of that. The next question is, can the planning board call a special meeting
just like we do? >> Yeah, >> but there they have a meeting Monday night, so there's no reason to call special. That takes care of that. And then as far as a legal opinion goes, if we vote to approve this tonight, are we opening ourselves up for for problems
with future applicants wanting the same treatment? I would say anytime you deviate from your code and don't do it without notice, not only are you potentially opening yourself up to that, but there's a bigger problem. Somebody wants to come and sue to stop this, they have every
right to say it wasn't done through proper notice and notice is going to cancel the whole project and that puts them at even greater risk. I I will say this to answer Councilman Beerbomb's question because I guess you did you did direct some of that to me. Based on what I've heard, it definitely
seems like our consulting engineer should have been more prompt. But in terms of the expedited permitting and other issues they're asking for, if this had been asked for in January, we could have taken this up in January.
So, one month ago, if they had if we'd have known that they need that their grant time lines were this tight, and I want to be very clear, that seems to be the whole issue here. We could have taken this up as part of our January site approval and that's where I have the concern about and that's why it's a
variance today. If it had come up then, it wouldn't have been a variance. And I'm not saying that that's their fault or not, but I am saying that that's the conundrum we are faced with is all the time up to January. And I believe everything she just told you, she expected to be here in December. But
when they finally got here in January, the ask was only for infrastructure, what we call horizontal improvement, not vertical. Had they made the request at that time and told us at that time we had grant time frames to comply with, the city could have granted those approvals as part of that initial
approval in that one approval. But now they're asking for a variance because we're modifying a DO outside of the standard time frame. That's why where I'm having to be the bad guy. >> As much as I want to help and improve this, it sounds like it's putting the
city at risk. and mayor kind of continue that um ultimately I guess you know at the end of the day the the consultant the performance of that consultant is is my responsibility and staff's responsibility to ensure um I would tell you that uh I would agree
with the mayor we had some challenges there toward the end because if you all recall that point it was very well known that we would not be moving forward with those services anymore in the near future. Um but ultimately that that's our fault that's our fault for not enforcing that. But I will say and I hope Mr. corner or Miss Teresa are
agree. We've tried to I know the um conditional approval on infrastructure. We went ahead and did some uh building permits to help with that as well. >> And then uh here recently on the uh fire hydrant waterline issue. I found out I got an email I think on the 18th and
then on the next day staff got that corrected. So we hope we've been as responsive as possible to anything that may have arisen since then that was within our control. But I think hopefully that answers the question a little bit on our side. Uh but ultimately engineers, we had a problem. We probably should have took further
action with it, but we tried not to uh I think we can all tell we would have changed engineers in the middle of the project. That probably would have slowed down more than what we already were >> out of the council. >> What's the best we can do? what we just said, authorize the planning commission to take this up on
short notice, advertise it for the 23rd of March. And one thing else I would add is that um if we do approve those expedited processes to help them through um that we authorize the mayor to issue a letter on their behalf that the city
has under taken expedited processing of their request to help them. um that under lawful notice requirements and I'll help write this letter mayor of course but I'm going to put it all the record that under lawful notice requirements
the city council cannot approve or construction prior to the 23rd of March 2026 and the city would request um any consideration for additional grant extensions that they may have. So they have a letter coming from us going to the grant agency. It may not mean
anything but it can't hurt for us to offer it to them. I mean, I think you've now done and and to say you've gone above and beyond to that point, that's far more than we do for any other applicant in this scenario. And I'm comfortable that's not setting precedent, but it is definitively something that is different
than what we do everywhere else. >> Okay. One one more time, counselor, if we approve this, are we putting the city at risk and open the door to other people wanting special treatment also? >> Yes. And you're also putting their
project at risk because it's been approved without adequate notice. A neighbor could sue to enjoy the project and they would have a right to stop it. >> What's your legal opinion? >> Legal opinions follow your code. >> And if we follow our code, we're going to >> he's going to he's got a way.
>> The one line of two that you have is the affordable housing. >> The LHAP that's approved by Walton County and per your own defiac springs comprehensive plan. I don't know if Melissa Ward had gotten a hold of you, but we do have a um planning person who has 20 plus years that gave me a couple
policies. Policy 1.1.4 or review ordinance, co codes, regulations, fees, and permitting processes for the purpose of eliminating um excessive city requirements and amending or adding provisions to increase private sector participation in
meeting the housing needs while continuing to ensure the health, welfare, and safety of the residents. Um the difference between us and the projects you just heard is that we are 100% in our bylaws and our statute. We only p we only serve 80% of the area
median income and below and there's no other um housing providers that are doing that outside one project. So we only provide 80%. You are supposed to per the LHAP and Walton County standards provide expedited thing and constantly
look at your codes on ways you can amend for >> with all due respect we don't fall under Walton County planning standards. I do understand that's what they're citing, but that's not the wall. And I will say this, had that that's exactly what they're citing, potential affordable
housing opportunities to the extent the state regulations would apply to us, we could have done all of this on the 26th of January passed. The problem is we didn't. And now we're going through a variance which requires
that scenario. So, we we did submit once again to the city manager two days because it took us two days to get the building permits from the building department with our expedited permitting and said, "Hey, can we start construction that was emailed two days after the meeting that we had on the
26th and now here we are however many days later." >> Correct. And we and I think our response at the time, Mr. Asking agree, is we administratively cannot approve that. So, that that was our response. What I'm saying is that you've had a city council meeting since then and it would have been I guess
>> the end of January. So >> they're saying the first meeting in February. >> First meeting in February >> instead of coming before you. >> So once again all >> and that would have put you at the first meeting in March. So we could so we'd have been two weeks earlier. And one thing Dan and everybody is that
you know when we use the term variance that's means you're going to vary from from standard code just a little bit but it's got to be to our our advantage that's why we do variances not because we give it to everybody
>> and once again for the city of defiac comprehensive plan and once again Clay I don't know if you talked to Melissa or not >> she and I were not able to connect but I did review what their concerns were and I did speak to Mr. Wallace about this issue and what her concerns are and I respect that. The problem is it falls under appearance. That's where I'm
struggling. If it if it was all of the live local, all of the affordable housing exceptions all create carveouts from our standard code of ordinances and from standard comp plans, but they don't entitle someone to a variance. And that's where I'm struggling is that this
is a variance. And I just want to let the council know regardless of your decision or regardless and I appreciate that you guys are working for like towards us, but I want to let you know the first five houses that we're building is for a Walton County tax collector employee, an Ascension Sacred
Heart, the assistant manager at Zachby's. Um we also have a TDC employee and Ascension Sacred Heart. So I want you guys to know like that's who we're building for for the first five houses that we're asking under construction, all five single moms. Um, the houses are
expected to appraise between 260,000 all the way to 285,000 and bring in $30,000 annually in prop property tax revenue. So, I just want you guys to be aware of that for this development. So, I appreciate it setting the standard for this, but once again, when you're doing
the variance, we are the only nonprofit housing provider that has built 75 homes and literally only serves 80% below. So, when you're looking at language and code and everything else, um, you know, for that, because I do serve on the affordable housing committee for Walton
County, maybe looking at, um, installing some of that language for it. But this is a very special circumstance that I feel that other developers wouldn't be able to ask for because you can say this is truly an affordable housing project.
It's in our bylaws that we only serve 80% of the area median income. Well, I think everybody here wants to do what we can to help you, but we've got to stay within the boundaries of what our legal advises us there because
>> I hate it. >> Yeah. You know, >> do we have a motion on this? >> We do not. >> Okay. >> Um, so what what kind of motion will move this forward? The motion would be to direct the planning commission to take this item up on its March meeting to direct
staff to send notices as required by 1822 um for the for a public hearing on this issue to occur on March 23rd, 2026, direct staff to publish the notice in the newspaper the week or earlier before
that uh meeting and to direct and to authorize the mayor to sign a letter to be provided to the applicant for their assistance. and attempting to attempting to obtain a grant extension. >> So moved. >> Second. >> I have a motion second.
>> Mr. I ain't got to repeat that. >> No. So moved works. And Subie and I will talk if she Yeah. Okay. She's nodding at me. I'm not going to make her read it back right now, but I'll help you. >> So today's the 23rd. >> Yeah. >> The next city council meeting that we
could get on 30 days from now would be >> March 23rd. >> March 23rd. Tomorrow is the 24th, >> right? So you 30 days, you don't count the day it's advertised. We're fine. >> I just did the math >> to try and help move this along. I wouldn't be opposed to a special meeting sooner.
>> Well, here's the problem. You got 30 days. It's still 30 days. It's not going to happen. >> That's in your ordinance. That's what I'm stuck with is it says you have to give notice to the surrounding property owners. >> That's right. That's right. So >> I wish I could. If we could do it earlier, I'd do it right now today and just say bury the whole thing. Okay. Mr.
Mayor, go ahead. the possibility of maybe speaking out of turn here. Is this something where we could also maybe even task Liberty Partners to see if they could help out as as lobbyists to see if they could make a few phone calls with their connections? Don't shoot me, Tim.
I would ask council member respectfully, let's let the mayor author that letter and if they have if for instance the grant agency comes back to talk with the city council about it or to speak to the mayor then we get Tim involved. While I very much appreciate what
Habitat for Humanity does, they are still a private organization and that would be using taxpayer dollars to fund our lobbyists to endeavor for a private effort. you are opening the door there to some very serious issues. >> I would I withdraw my request. >> Okay.
>> Any other comments on this motion? >> Just a question. Were you able to find that date for that second grant? >> I I will literally as soon as I was just curious if you read across >> not going on my phone. >> Any other comments on the motion? >> All in favor say I.
>> I I >> I carry. Thank you very much. And we'll do everything we can to move the process forward. >> Yeah. So, >> it'll be on the March 2nd. >> Yeah. >> Planning board agenda. This is next
Monday at 5:30 p.m. >> here in this room. >> Okay. You bet. >> All right. >> All right. Thank you. >> Thank you guys. Hey, we appreciate you guys a whole lot, you know. Do uh All right. This time, citizen comments. At this time, if you need to make a comment to the council, you're welcome to come
to the podium. Try to keep it less than three minutes. State your name and organization. >> Thank much Mary Campbell, city manager towns and honorable members of the city council. My name is Mark Hambley and I'm here in my capacity as president of the egg springs library. I
want to express our sincere thanks to you, Kobe, and to the outstanding members of your city departments for the professionalism and cooperation shown throughout the recent repairs and upgrades to our historic library building. Our county librarian Katie
Sizes, our branch librarian, Barb Hall, and their dedicated staff has spoken repeatedly on how well the city worked with them with our contractor to bring this project to completion. There may be a few wrinkles to be ironed out, but I trust that these will be resolved in due
course. The important point is that this is the kind of project every citizen hopes to see, one widely supported, carried out efficiently, and completed in a spirit of civic harmony and shared pride. At a time when public discourse
can too easily become strained, this effort stands as a reminder of what we can accomplish when we work together. also reflects the thoughtful words of the invocation that opens each of our meetings, asking for wisdom, unity, and
guidance in the work ahead. Looking forward, I know our community hopes to see the same spirit applied to other essential capital projects, whether a new fire station, improvements to our police headquarters, critical electrical and sewage upgrades, or in time the new
long anticipated library annex for which land and plans already exist for which, like so many things, funding does not. Meanwhile, volunteers across our city continue to do their part. The friends of the library are especially grateful to the Tuniac Springs Garden Club whose
members under the tireless stewardship of Marvis Stafford work tirelessly to maintain the butterfly and reading gardens and other landscaping at the side and in front of our historic building. Their service is a gift to the entire community. One of the key roles
of the friends is to supplement shrinking federal and state funding for libraries overall through grants which we submit through the proceeds from our used bookstore Anita's Half and Half on Baldwin Avenue. In that spirit, I'm
pleased to share some truly wonderful news. The St. Joe Community Foundation has just informed us that it will fully fund our $35,000 request for the Walton Defun Public Library this year.
This award includes continued support for our annual summer reading program, one of the most popular and effective literacy initiatives in our community, and significant new funding for expanded educational outreach to teens, including updated furnishings and state-of-the-art
equipment to create a more welcoming and modern learning environment in our library building. This generosity arrives at exactly the right moment. With the city's structural repairs now complete, our library staff, who have helped grow our membership to more than
6,500 card holders, are well positioned to build on that investment without disruptions that flooding once caused. We're deeply grateful to Executive Director April Wilks and St. Joe Community Foundation board for their confidence in our mission. Look forward
to co coordinating with St. Joe's and the city on an appropriate check presentation at our Circle Drive library. Thank you very much for continuous support of our library this >> Yes, ma'am. >> Donna Arnold. Nobody's surprised to see
me here. All right. I want to address the ad that Mr. Beerbomb took in the Herald this past week. I think it was disrespectful to the fire department, taxpayers, and the people who care about this city, but also to the council as a whole. That appeared to be a public
statement that you were already working against them to fund the department that you voted to keep. People and council members are not blind or stupid. He talked about the increase to the funding for the fire department over the past 5 years. I got a copy of their fire
department budget from 2020 till 2025. It did not double. It did go up. But we also endured an epidemic that this country had never seen before. And the price of everything was astronomically increased. That budget went up, but
their workload tripled. And that budget didn't double. That proves they're being efficient with their money. Like it or not, as a member of the city council, you are an administrative position over those firefighters. Your attitude is causing a hostile work environment,
something they felt had been settled with our last vote. You are proving that they can't trust what you say and do in these meetings by behaving in the manner that you did afterward. It appears that you have no regard for your city employees. I personally would not recommend that anyone looking for
employment consider doing so with the city under your tenure. If people who live outside the boundaries of the city limit were to take their businesses elsewhere, not use city water, not shop downtown, not eat downtown, the
financial impact would be significant on this city. Do you really want to continue the division and talk about only citizens should have opinions? I personally am a taxpayer. I look to be absolutely sure. I own three houses still in my name that I pay taxes on.
Whatever fire assessment you assess, I will pay three times. I own a business that I have owned for 21 years in Defunia Springs. I do have an opinion and it does matter. I cannot vote is the only thing that I can't do as a citizen
of this city. I was born in this town. I have lived here for 60 years. That's how old I am. and I don't intend to live anywhere else. So, I feel like what I think and what I do matters and I will be here at every meeting looking at you.
And just for information, I did have an opinion. I did write it out. This isn't the whole thing, but it is posted online and I do not post on Facebook or anywhere else anonymously. All of you can take that to heart.
>> Thank you. Anyone else? >> Mhm. Um, just to expand on what Miss Arnold said, I too have lived here my entire Oh, sorry, Randy Lightner. I too have lived here my entire 54 years and am
deeply offended that an ad went out in the paper saying that my opinion doesn't matter because I no longer live within the city limits. I pay a city water bill. I shop downtown. I make it a point to always try to go to
Main Street before I go anywhere else. If I'm able to for anything that I can buy, I try to keep it within the city limits to help the city and to help the county. And and it's that's deplorable to say things like that. and my name was tagged
and I was told, I can't remember the exact words, but I was put on notice that he's going to sue me if this anonymous poster did not take down their post. You're an IT guy, so you should understand that if we comment on an anonymous post, we couldn't have posted
it. If I've got something to say to you, here it is. I'm not hiding. I'm never hiding. So, you go ahead and get your lawyer and you go ahead and sue me and you sue all the other people you tagged because you're going to regret that.
>> Anyone else? >> Hi, Mackenzie Brown speaking on behalf of Melinda Henderson. Uh, this week we're going to have a historic preservation 101 workshop. It's going to be it's going to be on Thursday, Thursday at 5:30 in the Shiitake Hall of
Brotherhood. Please join us. We'll have a talk by Chris Wallace giving a little bit of insight into our um uh how to work with the city when you're making changes to your home, historic or not. Uh and then we will continue with our
photographic history of Definiac by Robert Daniel. So that's going to be really nice. Please join us. >> Thank you very much. I will say Mr. Daniel does an excellent job. He he loves what he does. Yeah. Donald Graham, city resident and
businessman. Thursday night, ladies night at Club Ice. Come on down. Free cocktails. No, I want to say, hey, it was a great it was a great day Saturday here in the city. Black History Parade was awesome.
Uh, we appreciate the city for giving us the opportunity to come downtown because, you know, 50 years ago, hey, it was a lot of things going on that people look like me had trouble downtown. I'm not saying y'all was responsible, >> but so, hey, times has changed. You
know, a black man got a look. Come on, man. This is a good day in the city of the funeral. But hey, I'm a strong advocate of the city. Uh, and you know, anybody inside the city or outside that cause havoc,
bringing a sideshow in here, I'mma stand up. So, we want to keep it peaceful so the citizens can understand what y'all talking about, debate about it. So, if I said something out of line the other week, I apologize, but I'm a strong protector of the city of Phoenix
Springs, which y'all know. So, we like I said, we have circuses, we have sideh shows, you know, buy a ticket. >> Okay. Thank you very much, Mayor. >> Thank you very much. >> All right. >> We've been trying to figure out how to get some revenue. That's a good idea.
I told you I'm >> All right. Anyone else? All right. We'll close the floor for comments. And uh Clay, anything? >> No, sir. >> All right. Uh Mr. Cosen, we got you for the uh trail project.
>> Yes, sir. Um, a few years back there was a lot of talk about the bicycle trail and it's kind of I hadn't heard anything about it lately and um I was I asked Kobe about this and asked if he could give us an update on where we are. Could you uh expound on
that please? >> Absolutely. Um so this is the project that uh DOT the multi-use trail on 90 um back in April 16th of 2025 and what you see attached are the notes from that meeting uh between the DOT consultant myself
former uh executive director of CRA Josh Irvin and Miss Anna Hudson uh engineer for Walt County um going through the project with the engineers understanding you know the uh routes the alternatives expected time frames things of that nature and So ultimately we we can skip
all that minutia. We'll go right on down to pageuh I think it's 24 of the PDF or 25 of the PDF. Yeah. And so um ultimately as going through this and the consultant looking at all
the one more right looking at all the rideway any other potential issues that may occur along the route. This is the initially recommended route of the path. Um, now I'll say since that date, we have not had any further uh meetings or conversations with the consultants. So,
they are still in the planning process as you'll see on the page. There's a a net chart showing that. But, um, you'll see the orange starting at basically the Walton County Public Works yard um down on 90. Uh, well, before then, but um,
getting runs on the north side of 90 all the way down. past the golf course and then it crosses over on the Ballwin Avenue, 25th Street, runs down West Live Oak and then it will cross 331 onto East Live Oak, hit the
circle and go around. Now that again, that is the proposed uh alignment. I'll say we had conversations that meeting. I expressed concerns in that meeting to the consultant that that probably is an issue for the city. I'm running that through East Live Oak uh in the right of way to the historic district and around
the lakeyard. So, you know, that's something we proposed to them. Uh Miss Hudson with Wal County Board of County Commissioners had the same concerns. Um and you'll see in our notes question to them was when does this come before the city council and the Walton County Board of County Commissioners the response at the time was well that's not a part of the planning scope and we vely told them
it is a part of the planning scope and it will occur. So, we have not heard back from them since. So, I don't think they've gotten into the final stages. And I'll let Mr. Bemine know he has some comments to TPO. Um, but ultimately, this is as far as we have heard from them. Um, and this is the proposed route. And again, we made it very clear
that it'll come before this body before it moves off into DOT. And I'm sure Mr. Beerbomb and the TPA will have some review as well. >> So, this job is still alive and well. >> That's my understanding. Yes, they're still in the planning phase. >> Mr. Mayor. >> Go ahead. So, I had a brief conversation
with um Mr. Paul from FDOT about our concerns about this and he is going to be arranging a phone call with the consultant, myself and the city manager to to once again bring up our concerns about this and then we will move move
from there. Um as of right now the design monies for this are scheduled uh on the TPO for 2030. So we've still got plenty of time to to address this and and get the alignment back. Um, Councilman Valley when he was on there
also expressed previously had expressed his um, desire to see that alignment not go down through uh, Live Oak and then on onto Baldwin. Um, because that that's just going to make a mess of all of that right there when when they can just simply come across the uh, across 331
with the the two bridges that are already there. They can do a pedestrian bridge in the middle was the thought and then continue right down through there. Um, so that's what we're going to reiterate to them once again that bringing that across 331 at Live Oak,
that's a dangerous intersection, a busy intersection. Why would we do that? And of course, you know, bringing that down around near the lake yard is going to just not be tenable for anybody down there. >> You're talking about parallel with Bowwin, right?
>> We want it to be parallel with Baldwin. Yes, sir. Come all the way down there. Apparently, there's possibly >> I knew what you were saying, but you mentioned 331. You didn't say >> sorry. Sorry. Where it crosses 331 where those two bridges cross 331 there, the railroad bridge and the existing um the
existing Bowwin Avenue bridge. >> Yeah, that makes sense. >> Yeah. The initial concern I can do elaborate on Bowwin Avenue on the railroad parking. >> Yes. Yes, if you would. >> Yeah. So, um we that conversation that was one of the alternatives run through
downtown with Bowwin. Um, and I just say this for, you know, information for reference. Uh, we had a call and the, uh, consultant said, "Well, we reached out to the railroad, um, and asked him about running through Ballwin." The railroad told him, "Well, our lease with the city is for parking and the city changes the use of that lease. They may
not get it back." Um, and the consultant asked the railroad, "Can we see a copy of the lease?" And the response from them was, "No." Um, I started laughing. I started laughing in the meeting. >> The response I've got three different times. >> Yeah. So, I started laughing in the meeting and I thought myself, I told, I'm not laughing at you. I said, "I'm laughing at the idea that the railroad
can tell the state of Florida they will not provide documentation." So, that's the issue we have with Bowwin is the railroad's inability to unwillingness to assist and work with us. So, >> Glenn, >> yeah. Yeah. The uh I agree with you, Councilman. Uh on live oak, it's just
too disruptive. Trees would have to be removed. 12 foot wide path is crazy. >> Uh First Baptist Church would lose parking on that on that live oak front. um the southside curb along the amphitheater. I
don't know how far it go towards the library, but that curbing would be moved towards the depot. So the street would become narrower through there to accommodate a 12ft path through there. So that just seems to be completely disruptive. But an overpass, a walkway across uh Baldwin seems a logical thing
to do. And here's why I think that that is doable. I have seen people in wheelchairs try to cross the bridge right there. The the ramp going up to the guard rail, which is where the little narrow sidewalk barely wide
enough for a wheelchair is is pitched. You know, somebody could literally fall over trying to get up to the road level, the bridge level, >> uh to to cross there. And I've seen people struggle right there just doing that. So, I don't um it just seems the
right and logical thing to do is go ahead and and and do that bridge like it should be done. Uh so that pedestrians and kids, bicycles, the the the path here um that just seems a logical thing to do. It might be the most costly, but
but but it is the absolute right thing to do. Thank you. >> Did you have anything to add? I'm just happy to hear that there it's still alive. >> Okay. >> Which is very slow because it's on the TPO. So, okay. 20 20 2030 I believe is
the is the design is where they have the design money allocated. And then of course there would be construction after that. So we're talking the earliest you're going to see something on this is >> four years >> is 2035. So at least 10 years from now. >> All right. Move to 8B. Ready of
>> Jesse real quick. Just if y'all slide down to the very last uh PDF page. >> Okay. very last one. This is kind of a schedule of of like I said this was from last year. So we say right now we're they're in the refinement documentation portion. It
looks like they're they have a public hearing anticipated for July. So we receive notice from that agency. We'll be sure that all of you are aware and that we share that out and public's aware as well. So 10 years from now may be a reality >> unless unless the future chair of the
TPO can get it moved up. >> Hey, >> I'll work on it. I promise. >> I'll be 80 and I'll still be riding a bike. >> Yeah. >> All right. Are we ready? Okay. All right. We'll go to Miss Heavlin on 8B1.
So, at the end of every fiscal year, the city's required to acrew outstanding unpaid liabilities, which sets aside the money and the fund balance. And I know we didn't finish the concern I had on February the 9th. And I would respectfully request that any and all
legal service invoices be submitted for both the CRA and the city. And I talked to uh Mr. Townsen about this. it shouldn't be a a a problem since it's already been acred and set aside in the financial statements. So, I'd like to do that as soon as possible. Is that
>> that's what Mr. Townson's advised? I'll be more than happy to get with the mayor and Mr. Townson. We'll get that taken care of >> and and if we could do that for all of them to up to date through January of 2026, all services have been >> Well, Mr. Johnson, you said they had through the end of 2025 acred.
>> Yeah. So I got got with Miss McDaniel and >> I made sure it works >> and of the of the attorney letters given and then she has allocated a set portion for fiscal year 25 and so there is a liability account in the amount of $237,000
$222.50. So when Mr. Atinson we can reconcile those there is a liability account set aside that she has done >> already acred correct. >> So does that take care of everything through up through >> 9:30 of 2025? That's what it would be >> for both the CRA and the city.
>> Yes, ma'am. >> Thank you. >> So, we'll get that taken care of. >> What do you think we need a month or two to get that finished? >> Less than that. We'll get it. Well, yeah. I mean, it won't be by the end of February because we're on a short month, but yes. >> Okay, good enough. All right. Okay. Uh
Kobe Yang. >> Uh yes, Mayor. Just a few. Um finance director. Um you all should have received an email from me last week and then the next day or two days later, I sent another one. So, if you will just take some time, review that information from the consultant, we can talk about it. Uh, and then the next meeting, I'll
have an item on the agenda for us to, you know, whether y'all would like to move forward with some of those that have been provided or if we need to go a different direction. So, just be prepared for that and and I'll be prepared to if you have any questions or need any information, I can get that as well. >> And when is the when's the discussion going to take place? >> Between us, the next meeting.
>> The next meeting, I'll have an agenda item for us to move forward with one way or the other. Um, Shackle Mayor, just a reminder, Thursday at five o'clock we have the public hearing. Um, everyone's scheduled for I will be here. I anticipate be out of town, but I love this so much. I decided to stay.
>> I won't be here. I'll be in Atlanta. So, >> so we So, we'll be here Thursday at 5:00 p.m. >> Um, third, our street pavement evaluation. We received the draft from Three Notch Group. So, we're working, Andrew and I are getting our notes compiled to provide back to them and then they will provide to us a final
draft which eventually you all will review, question and adopt so we can move forward with that in the budget the coming budget years. So, moving along with that. And then lastly, um our first anticipated budget workshop is the 12th of March. Is everyone still good with that? That is a Thursday. Is everyone
still comfortable with that date as of right now? >> Help me out. What was it? >> March 12th will be a budget workshop. >> Oh, workshop >> for the budget. I I don't know that I can commit, but I will do my best to be >> okay. Well, I will if everyone's over, I'll coordinate with Miss Councilman
Heavlin. If that is an issue, we can look some different dates and if that's just not feasible for everyone, we can move forward. But I'll get with you on that. >> I'll clear that. Thank you very much. All right, we'll go to Mr. Glenn. Got any final comments? >> Um, just Kobe's good work on the natural gas
thing, the pricing. You know, we have no control over those prices. they just we're just hit with them. >> And I think he's done an excellent job of trying to find a reasonable way to help our residents out uh by proposing the three-month um you know extension on
the additional cost of those bills for people that apply for it. I think that's wonderful, Kobe. Thank you for that. Um on the floor of Florida House Wednesday will be House Bill 4057, which is the Harbison Field property. uh has made it
through all three committees and will come before the house on the floor uh this Wednesday at 10 o'clock. >> Is that Eastern uh that is Eastern >> and I did forget something. Thank you, Councilman. I did send them an email with some information on that. If you
would like to attend, I know if you have responded, uh there's some information on what time to be there and where we can park and where we will meet with Liberty Partners at. If you have any further questions, just get with me and we can do that. But yes, Wednesday morning. >> And I did get a one question on that. It is perfectly acceptable for more than
one council member to attend. We do not have to issue a sunshine law notice. You more than one of you can go over there and speak to the legislature on this issue. >> So don't Nobody needs to feel like they can't go because somebody else goes. >> Any comments now? >> I'll see y'all here Thursday at 5:00.
>> Okay. >> All right. >> None, sir. Um, I I'd just like to draw some attention to the legislative uh bills that Liberty puts out for our notice. Um, there's a lot of stuff in here that we really need to pay
attention to if you haven't. Um, some of which is going to affect our ability to fund our general fund. Um, some of it impacts the our ability to charge higher utility rates outside of our municipal boundaries. Um, there's one in here to
eliminate our local uh business taxes that we've been working on. >> Um, there's one in here that that's uh touching on our impact fees. And um, and I swear there was one that I saw that dealt with transfers between
our enterprise funds and the general fund, but I can't really I'm having difficulty finding. I found it this weekend, but right away >> I can send you a link to it. It does exist. Whether it would directly apply to us is a question based on the current bill language, but it is definitely one I know Tim and Jennifer are monitoring
for us as well as city of Freeport because it could be a very big issue for those. >> And what that does is there's there's a lot of restrictions there that's going to limit our funding along with the um the uh residential abalorum tax revenues
that that bill passed last week through the House. So now it's up for the Senate to finalize, but um that's about $478,000 I think that's going to impact our abilorum funding >> basically >> from the homestead um residential taxes.
So there's a lot if you haven't been paying attention to this, you really need to look at it and we all need to talk to Tim and our legislators because it it's going to impair our revenue streams. >> Mr. Stein, what's the date of that particular one you're looking at? This one's from February 20th that they just
put out. They sent it to all of our emails. So, it should be in your box there. >> Yeah. >> Okay. Um, and Clay, would you please send us all the link like for that? >> It's in there. I'll I'll circulate it out. I'll reply to that email with which one we're talking about. And I would also encourage you, please look at some
of the planning bills in there. >> There are a lot of restrictions that could go into effect. B Senate Bill 180 may be rolled back. it could be very limited ability to deal with certain type of planning projects moving forward.
>> Okay. And Mr. Tim, I have something after the meeting's over. If I could just grab you for a second and I wanted to share. >> Go ahead. >> That's okay. >> I wanted to share with everybody. I went to I was invited to be a judge at a Main Street event Saturday and it was a gumbo
fest and it was a really really nice event and I was really pleased to have been re asked to participate and I'm really glad that I went up town to do that. Mr. Harrison, I did not know that you were a history teacher which I was not a good student in history when I was
younger because I just didn't care. I thought I knew everything back in those days. So I was very impressed. But uh a couple of your students I met and uh they really really spoke very highly of you and I said I didn't know he was a history teacher so I just wanted to share that with you. >> Thank you. Thank you. >> And that's it. Mr. Mayor,
>> he was also a tennis coach. >> I didn't know that either. >> For a while we spread we spread the mayonnaise over here in our school system. >> Mayor Will I forgot a disclaimer. Mr. Hamley, that brick is for display only.
>> So Okay. And by the way, be sure and tell the friends of the library we so appreciate everything they've done and continue to do. So, >> thank you so much. All right. We're going to call this meeting turn. Anybody?