p.m. Uh, please join us for an invocation and a pledge of allegiance uh, led by Vice Mayor Gary Asc. Invocation by Deacon Jim Shelley of the St. Mary of Lake Catholic Church. >> Ladies and gentlemen, I bring you
greetings from the clergy, the staff, and the over 5,000 parishioners of St. Mary's who's had the pleasure of serving this community for 113 years. Almighty God, you are the father of all creation, all understanding, and all
faiths. The son of mercy, compassion, love, and forgiveness. The Holy Spirit of comfort, conscience, and peace. We, your people, come before you today to work together in unity as a city
council, city employees, business associates, and residents. and thank you for the many blessings bestowed upon us and our city. Grant our council strength to face challenges, patience to listen to one another, and wisdom to make
decisions that uplift and empower. Let this meeting be a space of mutual respect, understanding, and progress for all attendees. We ask that your Holy Spirit be present during this meeting to help guide decisions for the common
good. May the work done today reflect your will for a better city and better world. And may almighty God bless everyone here in the name of the Father, the Son, and the Holy Spirit. Amen. >> Amen.
>> Please join me for the pledge. 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.
>> Thank you, Deacon Shelly. >> Madame clerk, uh we have quum and proper notice been given. >> Yes, mayor. >> Okay. Thank you. Uh Tom, agenda updates. >> Yes, sir. In the interest of time, we'd like to propose removing item 2.2, update from Mike Gomen under
presentations >> and uh >> remove >> remove from the agenda. >> Okay. >> And uh that's it as far as updates. >> Okay. Thank you. Okay. Next up, we'll have presentations. Uh Commissioner Abby.
>> Thank you, Mr. Mayor. Um we have in uh in Eustace within our high school um a very near dear and important part of our city's ecosystem and uh that's the future business leaders of
America and what we know as FBLA program. Uh it's a career and technical educational program that helps students develop business skills through competitive events, leadership activity and educational programs. The purpose of
that program is to apply classroom learning to real world business scenarios and develop vocational competency and civic responsibility which is great for our community. Um each of us have some discretionary
money uh each year that we have chosen to use in lie of uh pay and um we had some money left over uh last year at the end of the at the end of the uh budget
year. So, we are going to uh give a check today to uh the young future of our community who are sitting up here. And I'm going to ask them to come forward uh as we uh recognize them, recognize their hard work. They are our
future. They're probably one of the most important things in this community. And uh today, we'll present them with a check uh of $450 to continue their uh their goals. um many if not every commissioner here has given and
supported them as well and uh it's an honor to to have them. They are our future and we're very proud of them. So, if I could call uh Miss White up and uh the rest of the students Well, we got a nice crowd.
This is our future. These are the kids who will shape, who will be mayors, hopefully will be involved in our community leaders, and hopefully president of the United States can come out of Eustace High School. So that's
there's there's no no boundaries to what you guys do and uh your your dedication and your love for being a future business leader of America. So, if if I can on behalf of not just myself, but my entire uh city cohorts and
commissioners, our city manager, our city attorney, uh we present to you one of many checks we've given in the last year, but another check for $450 to continue your goal as you start your new year.
[Applause] It's kind of angle. Stand on a little bit of an angle. Thank you. Thank you for what you do. There's your congratulations. Congratulations.
>> Thank you. I just would like to say on behalf of you this high school and future business of leaders of America we want to thank thank you so very much for all the seeds that you have sewn into our future as you can see we are growing so much and
this year I'm so excited we have Dr. Rosado and Miss Small who will be advisors as well and we are now a membership of 42 >> members in just this year. So we are
growing and we thank you so very much for helping our future. Thank you. >> Thank you. >> Thank you. >> Thank you guys. Congratulations guys. Okay, next up we'll have a storm recovery update. Tom,
>> uh, yes, Chief Swanson. >> Good evening. >> Good evening. >> So, I don't know if you all know, we had a little bit of rain the other day. >> Um, so we're in good we're in a good place right now. Most of the roads are open at this time. Uh, we have
Well, he was just here. Oh, there he is over there. Uh Greg Garrick's crew is really working and Greg Dobbins, their crews are working day and night to get things open and done. Uh impressive work. Right now, we really have two two major closures that we're still working with. Uh one of them is probably going
to open up in the next day or two. We're just basically waiting for concrete to dry and that kind of thing. And that's over at Palmetto, correct? >> Oh, no. Hazard, I'm sorry. Palmetto is the one that's going to be closed till next week. late next week. So, our goal is to get Palmetto open. That's Palmetto and Sims. Uh that was a later wash out.
What's happening is we're still finding things. So, the water is still moving. Uh progress is still uh taking place on on fixing things and the challenge is we're finding more as we go along. So, uh uh don't be surprised if we do come up with another road closure somewhere
in the next week or so. Uh out at uh Spring Ridge, that's our big project. Uh we did have a bit of an issue about three hours ago where the burm that they put in failed and it and it started moving water again and we had to jump in and take some action. Uh if if not we
would have probably looked at about a three-hour window for some another major collapse on the one side. So uh I'm glad we already had equipment on site and rock and things like that to take care of that. Uh with that, um in case people don't know or understand what happened
on October 26th, we had a rain event that came in. Uh the the difference with this is there was no warning. Uh what I what I will tell you is uh our city um we I didn't even really have to declare emergency. We just everybody fell into place and uh by 7 7 o'clock I was
calling EOC telling them that this isn't normal. 8:00 uh weather the weather service was calling me. By nine o'clock, I think everybody saw the emergency notice that got sent out to stay home. Um, what I learned later is that's only the second time in the history of the
state of Florida that that was activated. So, we did have a sign significant incident that night. And uh 19.7 was the final number from the weather service. So, uh uh we we're working on cost so far. I I'm thinking
the cost so far in repairs is about 1.6. Um, and that's just a guesstimation. We we all not everything's done yet and not everything's in yet. So that that's kind of the best ballpark that we can throw at you right now. Um, any other qu
questions or anything uh from the group? >> No questions. But uh, you know, I want to say that I have never and and I think I I told you all of this. um our team, you all got out there and you handled it
like the pros that you are. >> And I have never been so proud to be a part of an organization as I was when I knew that we were all safe and you were all doing the best you could to protect us. >> I I did pull some numbers for that night.
>> Well, it was amazing. And for all of the naysayers that always come back and say the city of Houston, the city of Eustace, we showed up. They showed up that night and they kicked butt. So you you guys did a great job
>> on the fire side. We answered 105 calls for service within a 4-h hour period and we only have two trucks. >> Yeah. >> So uh we were we were running. >> How many people did you have in the firehouse? >> Uh we we made a makeshift shelter at the firehouse. We had nowhere to put everybody that was getting bumped out of
their cars. We had 32 people in the bay and then we had to call Red Cross to get them somewhere. Uh Life Point Church, fantastic church, they always step up for us and they are already connected with EOC. So when we activated EOC, it it was seamless. Uh law enforcement
right out there with us. Uh they they're pulling people out of cars with us. Um, I from what I heard they lost a few pieces of equipment as far as tasers and flashlights and stuff that aren't good for submersion, but uh it was it was it was deep and fast the water.
>> You know, we um North Carolina last year, everything that happened in western North Carolina, they got 17.2 inches of rain in three days. We got 19.2 in what? >> Six. Yeah,
>> about four hours. Roughly four hours. >> Wow. >> Yeah. So, >> it's it's pretty impressive. It set a bunch of records. One out of a thousand year flood is what I'm being told. I don't understand how that math works, but >> yeah, >> I'll go with it. >> But no, thank thank you. Thank you to
the team. You guys Okay, next up we'll have audience to be heard. Uh if there's something uh uh on the agenda that you would like to uh uh speak about uh please uh come to the
mic. You have three minutes your name and if you're um uh a resident of the city of Eustace. Um at three minutes and we will buzz you. Okay. >> Okay. Who on
>> uh Cindy Newton. >> Okay. Cindy. Okay. And if you need to speak and you haven't filled out a card, they're uh on the table next to the door. Good evening, Cindy Newton, unincorporated Eustace. First of all,
I'd like to congratulate staff, Chief Swanson, the commission, and all involved in helping to control and repair the damage from the rain bomb on Sunday. I'd also like to point out the fact that the commission had the foresight to deny an annexation and land
use change on a small property on business loop 44 to land road. That's been a while back. And once you saw the importance of the flood water storage on that
property for the drainage system that goes down to Spring Ridge on to Lake SWAR, you stepped up and denied. I'm quite sure that Spring Ridge and probably some other properties around
there would have been a wider drainage system and sustained more damage if you had not made that decision. The commission should take pride in that decision and recognize its accomplishment.
[Applause] We were driving home from Leburg when this hit after after the rain began. And when we saw 441 wasn't handling the water, we came on through Eustace up 19
uh through Eustace and a lot of the roads were already starting to be covered. The retention ponds on the way were nearly full, if not full. The change in elevation for the new construction on uh
County Road 44 and Abrams was obviously causing major issues with the ditches and uh that intersection. Upon driving on down SD road, the normal low spot was holding water across the road, but a new area was flooded. Water was rapidly
flowing out of Estie's reserve, flooding the ditches going both directions into the unincorporated property to the north and the incorporated property to the south. It was flowing very strongly across Es.
So since that backs up to our property, we went up in there to look at the retention ponds. The retention ponds had hardly any water in them. So I would really like to see if somebody could check into how
that is working. I know it's still under construction, but there's some issues with that system. Upon re uh arriving home, we checked our rain gauge. We didn't even have quite 5 in yet.
And already all these things had taken place. So that's how fast the rain was coming down. And we were already compromised. Another issue I'd like the city to check into >> is the Chelsea Square and Hope for
developments. There's appear to be some serious issues with the drainage of both of these sites >> which had the potential potential to flood other properties. >> The time is up, Cindy. >> Time is up. >> Okay. >> Thank you. >> Thank you. >> You're so focused.
>> Thanks, Cindy. Hey, next time >> uh Joanna Watson. >> No, it doesn't matter. >> So, my name is Joanna Watson. I have been an owner in the city of Eustace for almost three years. Um I have attended a couple of previous commissioners
meetings when we had issues when we first built our home and I'm back again because um I we're having extenduating problems now. Um, first and foremost, I want to thank whoever's idea it was. It was the city of Eustace, Lake County,
National Guard, uh, FEMA for bringing out the sump pumps that they did at Lakeshore because that's my road. Um, we were probably 30 in deep. So, we were trapped in our home. We couldn't leave.
We were completely surrounded. Um, even with Milton, we had the same situation. Um, but didn't get any assistance from the city even though we had done reports on the website and made phone calls. So, um my my gratitude for what happened is
a little bittersweet in that I was so grateful that somebody was doing something to help us. I don't know where the help originated from, but it was a little disheartening when I did get the help of someone coming down to check on me that they didn't even know I lived there. They didn't even know there was a
house back there. So February will be three years that we've lived in our home and emergency services doesn't even know I exist. So that was a little upsetting. I'm I'm coming before you now because something has to be done about Green
Lake Drive and Green Lake. I spent hours today on the city's website looking at the budget, the very healthy budget of funds that are available in city's resources operating reserve. And I don't think that what
we're asking for as people who back up to Green Lake is for the moon and stars. Um my poor neighbor Julie who got stuck in traffic and couldn't make it. I signed in for her. Her whole home flooded. She just renovated it
completely within the last three weeks and now has to start all over again. So my heart goes out to her because Green Lake has not been properly maintained and it is owned by the city of Eustace. I provided that to city employees and I
have been rebuffed and the can has been kicked down the road. I'm I do not want to come off as angry. I'm just very very frustrated
that our our tax dollars, our ownership, us choosing to live in the city limits of Eustace has just we've been the can that's been kicked down the road and I'm I can't accept it anymore. But something has to be done. Whatever
I can provide photos, documents, I'm not interested in reports from 30 years ago. The current leadership of Eustace needs to help me and help Julie. I understand it was platted in 1925 and lots of balls
were dropped between that time and now. That's rearview mirror. We need to make a plan going forward so that I'm not trapped in my house for 4 days again and emergency services knowing that I don't even exist. So, whatever you can do to help me, we would very much appreciate.
>> Okay. >> Thank you for your time. >> Can Okay. Kim Reed. >> Don't start my clock yet. >> You started my clock. >> Thank you for starting my clock.
>> I'll reset it. He's not resetting it. >> I'm resetting. >> Can you give her a minute, please? >> Okay. Thank you. >> It's been reset. >> Um, good evening, council members, mayor, and fellow residents. My name is Kim Reed. I am a taxpayer, a homeowner.
I have three lots in Town Hill, and I have the property on the corner right there in the new city area that's getting revamped. Um, I'm part of this community. Tonight I'm here to echo the city
to cry from Okay, let me start over. Tonight I'm here to echo a cry from history. No taxation without representation. But in Eustace, it's not just about votes. It's about voice, action, and basis duty you owe us for every dollar
we pour into the city. And let's be clear, Florida law demands that duty. specifically storm water management where neglect turns neighborhoods into nightmares. Let's cut to the chase. My home at 52 Dogwood Lane first rainstorm this season. Not a hurricane, not
100year, just a normal downpour. The poor was overflowing from the cop where I came in and asked you guys about getting the new um the new on Lake View, all those houses
that are built up. So all the rain came down to me. No rain was in any of those storm drains. It all went down into the lake and it I got all the water from Lake View downtown. I got all the water from the road because it makes a little
turn. Come straight into my window. I have a 4ft thing that goes into this into the ground that I can see the road and the poured into there busted through my window. I had to push water out of my
window. the um the high school has the um they they they fell down. We had all the orange sand come in. I thank everybody who didn't call you because we had Chris who came with the tractor the next day, pushed it all out. I've had city people there. They have said that
they're not it's not their department. And I got a lot more to say. Hold on. So, we have a storm train, a storm thing that nobody looked at. Not one city official has come. I have I called on Friday to
speak with people about it. I called the school. The school threw dirt on top of a storm drain and no city official that came down knew it was even there. It's back in the woods and the storm drain has this little plug thing. So since I am not being represented Oh, and Lake
Gracie that fell Lake Gracie because that's our whole little ditch. It doesn't The water came all the way up to everybody's house and that thing has never been cleaned out. Also, Lake Gracy's the road up Lake Gracie goes from my road from downhill at the bottom and that little ditch thing that caused that whole breaking there. I've asked
people to come to my house and speak with me. No one has come. Um, so I am asking because you guys all came for the poo. Remember the poo? Because somebody remembers the poo because I had the police and two suits at my home for a video that wasn't even true about me. So
I can have the police there for a fake pit video, but I was told that the city council member said, >> "Okay, thank you. Time is up." >> So now time is not up. >> Yes. Yes, your time is up. >> Well, >> thank you, Tom. Next, >> Julie Cavayo.
>> Okay. >> Okay. Uh, please. Next. >> Theo Bob. Are you going to talk about that item on here? >> No, he's gonna say thank you. >> Oh, okay. Sorry. >> It's the mayor commission
and city staff and and fellow citizens. Uh you know, my wife Linda and I came to this town as two year olds in 1958. We are useless high school graduates. >> Now, we we both sat on this commission.
So, future leaders, >> please address us. >> I'm sorry. I do apologize. Uh but thank you guys again. I live with my resident Spring Ridge subdivision in Eustace. Uh you you said you yourself, Mr. Mayor, and the fire department, the city
manager, assistant city manager, you guys been on the spot to help us. I'm praying that our neighbors on the south end of that bridge will get back in their homes soon. But you guys have done an outstanding job in our community. I just want to thank you.
Okay. Just want to say thank you so much for what you guys have done and anything that you're doing in the future. I just want you to know how grateful we are. I send you uh uh uh from Linda as well. Uh thank you guys so very very much. Staff
outstanding fire chief on the job. Uh, so I just want to thank you guys for what you've done and anything that you do in the future, particularly helping our neighbors getting back in their homes. >> Thank you again. >> Thank you. >> Okay, Tom. Next,
>> um, Arma Inma. Sorry, did I? >> Okay. >> Hello, my name is Arma Inman. I am a resident of Yumatillo.
Okay. I went to the city commission meeting on the 4th there and they instructed me to come to use this because of where my house is sitting. >> Um I ended up putting a septic tank in a drain field >> um into my home that I inherited from my
grandparents. >> Um I co-own this home with my um mother, but she does not live in the home right now and she's really really sick right now. So, she's not doing well. Um, what I can say in 2000, I put this up the tank into the home. Um, it cost me
about started off at 8,000. I say by the time I finished it was over 10. Okay. Once I put this up, the tank into the house. Okay. Um, I would say 6 months after I started having a lot of problems. Okay. And when I say a lot of problems, I'm having
problems on my job. We're having problems at home. a lot of craziness. At one time, I was a APD provider. I wanted to turn the house into a group home, okay? I had a lot of money, you know, and it was some things I wanted to do. I'm a single mom. I have a 14-year-old daughter. Parents moved
out. Okay, it's it's mine now. I can do whatever I want. The problems is I've been through since the time I put the septic tank in until now, I have been through 10 jobs.
10 jobs in three years. Not only 10 jobs in three years, I've been attacked. My daughter's been attacked. Um I feel like somewhat harassed, law enforcement, all kind of crazy stuff. From the day somebody figured out I
wanted to start a business and turn that house into a group home, it's been nothing but chaos. I'm to the point right now that I've been unemployed since April 1st, 2004. So, I've been living off of government assistance thinking, "Okay, I'm going to get another job. You know, I'm applying. I'm
doing what I'm doing. For me to get money rolling, I have to make money to get money rolling. I got access to money, but I need to make money." Um, it's just been horrible. Um I look reached out to family members seeing okay is anybody feeling like they're
entitled or my grandparents they had what over seven kids. Okay out of all these seven kids my granddaddy one day goes you want it. It's yours. Okay granddaddy I'll take it but if it's mine I want it by myself. He said well
your mama going to be over here with you. And we left it like that. So, anybody else in the family that wanted to take part in this home, they could have. Okay. I don't know where the attack's coming from. I don't know if it's coming from the churches. I don't know if it's coming from the county. I
don't know if it's coming from other local providers. My daughter and I have been through so much. I'm over here seeking help. >> Oh, okay. All right. Thank I mean we we won't really respond to you but I have
to be honest. I'm not sure what you're asking. >> I'm asking I believe it's a problem because I've been unemployed for so long and it's not natural. I know life happens to everyone but I haven't been able to do anything. >> You understand? Somebody has their foot
on my neck and I don't know who it is. >> Okay. All right. Okay. >> I also have a federal background. Someone is holding me down. >> Okay. All right. Okay. >> Okay. Thank you, >> Tom. >> Uh, that's it as far as cards.
>> Is there anyone else that uh would would like to come and speak? >> Um, sorry. You No. >> Okay. >> Uh, no. Uh, okay. Next up,
uh, consent agenda. Is there anything anyone want pulled >> for approval? Okay. >> Second. >> All right. It's been moved and properly second. >> Roll call, please. >> Vice Mayor Ashcraft. >> I. >> Commissioner Holland. >> I.
>> Commissioner Lee. >> I. >> Commissioner Ozbody. >> I. >> Mayor Hawkins. >> I. >> Okay. Next up, uh, Madame Attorney. >> Thank you, Mr. Mayor. First, we have resolution number 25-97, a resolution of the city commission of the city of Eustace, Florida, declaring
an emergency relating to the Spring Ridge estates covert failure and damage to city utilities. Ratifying authorization for emergency entry upon private property emergency procurement and implementation of emergency protective measures. Authorizing a
preparation of a city HOA emergency entry and cost recovery agreement. Providing for reimbursement and security. Preserving eligibility for federal or state assistance if available. Acknowledging HOA insurance claims and provide uh preventing
duplication of benefits. providing for limitation of liability, waiver of formalities, and an effective date. Um, so I have a it's going to be kind of a a tag team effort here because this is an
emergency resolution. Um we uh so this resolution essentially represents the city's formal ratification and affirmation of the emergency powers that have been exercised in direct response to the October 26 uh culver collapse that occurred at the Spring Ridge
Estates HOA. Um the catastrophic failure has caused city utilities to be severed. It's isolated residents. Uh 21 homes are unsafe for habitation. access is compromised. It's created an imminent
threat to life, safety, and public infrastructure. It declares a local state of emergency under section 252.38 of Florida statutes, which authorizes and confirms the city manager's emergency entry onto private property, allows for the
immediate stabilization and emergency procurement actions that have already been undertaken. in order to restore access or and essential services or in this instance we haven't been able to restore it yet but essentially secure the area to prevent injury as well as further
compromise to city uh utilities. The u resolution does include I mean there was a state of emergency that wasn't just ours but also Lake County and the governor also indicated a state of emergency. That's why this particular statute applies.
The resolution makes clear that the city's actions serve a compelling public purpose, not only to protect the health and safety of its residents, but also to preserve public utilities. It also preserves full cost recovery from the homeowners association and will
safeguard eligibility should it become available for FEMA or any other state reimbursement if it's uh provided to to us for this particular effort. Um, in essence, the city commission would be stepping in decisively to its role as as guardian of
the public interest, ratifying this swift action for the emergency measures um that were taken lawfully under the emergency powers, ensuring financial accountability and reaffirming that while the city will protect its residents while in crisis, it will not
assume private maintenance obligations that belong to the HOA beyond this emergency. So what we are doing is essentially um requesting authorization to enter into this agreement. So past securing the
area which we have um but it does it you just heard I mean their areas are still continuing to fail. uh we would need to enter into an agreement with the HOA um in order to get continued access to their private property and uh provide
the services necessary to restore our infrastructure which is the city's responsibility but anything outside of that cost belongs to the HOA. They would have to essentially reimburse the city. So this is not a loan. It is not a gift. this would be secured by repayment
and um that is essentially the request that is being made of the commission for us to be able to um enter in into negotiations to structure that. So they have made an insurance claim. If that insurance claim were to come in um
we would want repayment from there if um that way there's not a duplication of benefits. They do have some funds in reserves that they've already had to expend, but we're going to look at a good faith deposit option as well. And um asking for the HOA to approve a
resolution, which they can do as uh under the emergency powers um specifically Florida statute 720.316. I have a copy right here. Um allows them to do that. So if we have a majority of their board and they recognize the
situation. I mean this is common areas, they would be able to enforce a special assessment to pay back the city and that would apply to all the homeowners equally because these are common areas. And should that fail, one of the backups to that would be that we would in the
agreement be uh informing everyone that we have the opportunity to seek reimbursement from each property owner through a non-advalorum taxation process. So they're fully protecting the city because again we're not a bank, but we understand that this
is an emergency and we want to try to get these residents back to their homes as soon as possible. and our infrastructure is continuing to be at risk if nothing is done. Uh we cannot get EMS out there. There's no fire suppression. The water line is
compromised. Sewer main follow and our lift station can't be accessed. So all of this is intertwined. We can't really fix our stuff without helping them. >> If I'm not mistaken, if if sewer is compromised, it compromises the whole complex. Correct.
I believe so. >> Yes, the the existing sewer line, which is still functional, does serve uh the entire subdivision. Okay. >> And if that were to be compromised, it would affect the entire subdivision. >> Okay. All right. >> And um and under under these emergency
powers for the HOA, they don't need a majority of their members to vote on this. >> They do not. In conjunction with their um governing documents and this particular statute, just a majority of the HOA board. >> Okay. um needs to approve this resolution to have the special
assessment passed because of because of the current nature. I mean had there not been a state of emergency declared it's different but >> okay >> there the circumstance is quite unique and I do know um we have Rick here who's been on site we also have the HOA
representative um well Beverly she's with the management company we have counsel for the HOA here as well and their engineer um so I mean has has the HOA tried tried to get funding for this
on their Tom, do you want to >> I um we've had some discussions uh with the HOA. Uh they might be able to speak to the complications uh for them going out and getting if you're asking about
private financing, could they go to a bank and and get private financing? I think the answer is it is legally possible. Uh but it's complicated. Uh and there would be um it would be like any other loan. What's the what are the
merits of the loan? Um okay. >> And so somebody would have to do some underwriting on that. >> Okay. Thank you. >> And if I'm if I'm not mistaken, it would take a while to do that. >> Yeah. >> And the longer it takes, the more compromised uh everything gets. >> Right. This is not a situation where
really >> right >> we can wait um >> much longer. >> Can we have the uh board president come up? Sure. Uh, do you want to hear from them first and do we have any >> or you want to hear from the public first? >> Um, yeah, let's listen to the public first. Let's hear from
>> Do we have any cards, Tom? >> I do not have any cards. >> Okay. Would anyone in the audience like to speak on this item? >> Spring estates. >> No. Okay. Uh, no public input. So, we'll close that there. I will have then who
would like to speak first? the um Beverly the attorney engineer the attorney this is the HOA attorney. >> Okay. Thank you. >> Good evening. Nick Nes with Gre Robinson and we appreciate the board considering
this item before you. There's really not much that I have to say the I'm relatively new to the to the entire situation and uh city attorney and I had the opportunity to speak right before the meeting. So, um, I believe what you're voting on tonight is simply the authorization for her to move forward
and discussing and negotiating and us all trying to figure out a solution to this otherwise unexpected and very difficult situation where we all find ourselves. Um, mayor, I think that was exactly right. Any kind of outside funding, the timing alone is going to preclude any kind of options there. So, everybody's kind of in a bind here
trying to collectively put our heads together and work to a solution that works for everyone. So, I can answer any questions I know the answers to. Um, if anybody has any >> any questions. return. >> You know, just so you all know, I reached out to the county and
>> Yeah. Okay. Thank you. >> I'd like to hear from Beverly. Do you want to speak? >> We're good. Anything from Mike? >> Beverly, do you want to say anything? No. >> Okay. Um Mike
>> Anything else? chief wants to speak or do would you like to hear from Rick? >> Rick, anything else? >> Yeah. So, our our concern other than just the culvert itself and and the roadway and the access is we do have a force man and if we compromise that
force man, everybody else is out. We can't get a vehicle over the the lift station we have is on that island. So, we can't get a vehicle there to use like a a vac truck if we need it, if there was a problem, and to be able to get it
back out. Um, they the HOA has enlisted a contractor to put up a dam. They have four pumps. Um, I've been watching it to see what's happening. Uh, luckily, right before the meeting, maybe about 4:00, um, went out
just to take a look, see how it's going. noticed two of the pumps they had had failed and the dam breached. >> So that water was coming in in the time from when I was out there at launch today um to back out just a few hours
ago. The storm culverts have failed even more as this failure continues to pull west. Our forest man is getting more and more jeopardized. I had mowed um some equipment out there today just to protect our forest man in
the event that it fails. >> I have stuff there that I can get this back in line. Um luckily it was there. We grabbed it. We got the dam secured. We got the pump started back up again. Um I have a contract bringing more pumps
out right now because I have to protect our asset. The water man is a lost asset at this point. um when some of the concrete fell, it hit the pipe. Um so we have that shut down as this gets rebuilt and we have the earth to be able to put
in the new water man. That's a relatively easy fix for us. Um but right now everything we're doing is to ensure that our force man stays >> stay safe. >> Okay. Rick, how much is this going to cost roughly? Um we I have CFK cart
construction on a an emergency contract and we're piggybacking Mount Dora um their contract that they've already had in line with them. Um so we're we're looking worst case. The longer we wait the more expensive it is. >> I would think at this point if we can if
we can mobe quickly and get started I can say the lane and it's not completely out. If that's the case, we're under a half million. If we lose everything, we're we're upwards of a million dollars. So, we're we're able to to get
out there quickly. Um >> and and get moving as soon as I get. >> Okay. >> Thank you. >> Yes, sir. >> Uh I think we're This is just me. I think we're wasting time talking about it. Mr. >> Mayor, I cover just make sure there's no
additional questions. Oh, >> yeah. Oh, did you have any questions? >> How long would that repayment process be? >> So, oh, Tom, did you No. >> Okay. >> I I would say it's to be negotiated. >> Yes. It's part of what we would need to
see. It's tied into first of all what the end amount is going to end up looking like. Also, um there is going to be a good faith deposit of what is in reserves. So, we have to get um a number from the HOA on that. But then um the
insurance claim again if that comes in then that would be uh provided over to us. So it's a it's it's a flex number right now depending on the amount um let's say if we're looking at a half a million I mean that's a pretty significant amount and that would be for
non city utility related um like recovery essentially it would be uh what the HOA would be responsible for. uh those types of agreements we're looking at at anywhere from five to sevenyear repayment just to through a
special assessment um as a result of the amount and the number of property owners. >> So are the other the other um residents who are not affected they would um be assessed also are they do they have to
agree to that or it just automatically happens? It's it it would happen automatically should the board um provide an approval of the resolution because it's a common area. The Culver is a common area. Their HOA documents explicitly state you don't get to opt
out just because you don't use it. I mean, it's part of the common use, right? and and so everyone is responsible for that which is the reason why we're able to uh go through the special assessment route given the emergency and then should there be a
breach or a default which I um don't think would be the case but if it were the case we have a mechanism to recover from the property owners directly. Do we see a timeline for how long this process would take to get it all repaired?
>> Rick, >> Rick, >> um, if we get the green light, we're starting. Um, I would think in two weeks we have everything restored. >> That would be a contractor that we
>> Yeah. Uh, two weeks. We're looking at about a two week window. Um, you know, as as we get into it, if there's issues with construction, we'll we'll have to overcome them, but I think it's safe to to get this accomplished in a twoe window.
>> So, you you we would get a contractor, not it's not done in house. >> No, I have a contractor ready to go. They're doing they're doing our emergency work right now for us. So, they're they're ready. They have the equipment and they're they're ready to
get started. When I tell you we have the best people, >> we do the job. >> We have the best people on the job. >> So, and once uh the project is complete and we get all of inspection passed, it's turned over to the HOA for continued maintenance. So, it's not this
is not the city taking over. We're here just we're stepping in for the emergency uh restoration. >> I want these people back in their homes by Thanksgiving. >> Exactly. Okay. >> Yeah. >> Anything further? No. >> You want to
>> questions from the audience? >> Oh, I already did that. >> Okay. All right. Um, let's vote on it. >> Back to you, Mr. Mayor. Let me >> Did I skip you? >> I think you did. >> Okay. >> Yeah. I mean, I think uh this is
definitely a difficult, tragic situation when you when you deal with people's homes. Um, it it seems to me that other than affecting somebody's health, affecting their home is probably the
next most dear, emotional and u important part. I do have some concerns about um the legalities of of of the things that
uh that we're facing. Um, I have a concern of public funds, taxpayers funds being used on a private entity, private road, private bridge. Not sure it's a bridge, but we're calling it that. And I
don't believe that the uh articles of our uh state allow us to do that, specifically article 7 and section 10. So while my heart is bleeding, I believe we have a responsibility of financial
accountability and I don't believe that a private road falls uh under that and and I don't think the the case law supports that. um public purpose being a word that I've learned
u and uh benefits need to be to the community at large which would mean the city as a whole and that element hasn't been met. um public person public purpose
um lacking public purpose would constitute a gift and and or an unlawful donation of public money and that would put us in some
uh harm's length and even by uh by that statute a uh difficult position for us as commissioners. ers uh and city staff. And uh it it goes on in the in in that
uh in that statute talks about even criminal accusations of misusing funds. I think that's pretty harsh word. I don't really like it when people are suffering and can't get to their house, but we've got to look at the laws that are governing dealing
with private. We have over a hundred homes and businesses that were affected by this. None of them more important than the other. They're all important. They're all our community. But when you have private, it changes a lot of the guidelines. And we are putting ourselves
in uh um in danger as a commission legally uh in my opinion for for what uh for what we might be doing. Um and uh we're also setting a precedent. There's some other
people who need help. We we heard we heard from several of them today and there's more out there and uh that's a tough spot to be in for all five of us and how do we deal with that and how do we keep going and the public at large is
who we we answer to. So, um I don't think this is within our uh ability to do what we're doing. Uh certainly not to start without an agreement in writing, recorded,
and uh in place before one shovel goes in the ground and the statute talks about that doing so then presents a gift. And uh that that's that's where my concern is.
Um, it's real and uh I don't think we're giving it the proper attention. >> Okay. Well, I I appreciate your input. Uh, one of the things that I think uh sets this apart is our infrastructure.
Um, you know, if if our infrastructure fails, then there's 127 Eustace residents that are pretty much living in homes that will be condemned. I don't
want that. I don't want that. >> Uh, and I'm sure this commission doesn't want it. >> No, not at all. You know, I um you know, there are things that we that that are written in black and white, but there are also things that
uh that you call life. And we cannot and I will not and if it means that I have to leave this board, I would not stand up here and vote no uh for them not to go back for us to do our work. We have to protect our citizens. And I and I
agree and I agree with that and our infrastructure is certainly our responsibility and I think we should be taking care of that and I think Rick's already doing that anyway. So we're on there. I you know my concerns go into the legality and it goes into the president. Uh my heart bleeds for these
people. I know people who live in there. I have good friends who live in there. Um it's a difficult situation for us all. U but the laws are the laws. >> Okay. And uh did you uh Sasha, did you review the HOA
agreement and you're comfortable that that the majority of the board is all we need? >> Yes, I've reviewed all of the legalities of this. And I will say um the what you've cited article um the article I think it was article 7 section 10 of the constitution talks about lending money.
We're not acting as a bank. That would be unconstitutional. We're not gifting the money either. This is being um this will be repaid by the residents and the reason we're involved in private property it is because of the public
infrastructure that we are supposed to protect but it's also the access it's all inextricably linked. We can't really get a fire truck across that covert if there is an emergency. So we have a responsibility as a government to
provide emergency services in addition to um water and sewer. So th this is not at all unusual. Um the this is actually pretty standard. Many municipalities have done it. Lake County has done it. um they've entered into agreements even
when it's not necessarily impacting infrastructure but the private um HOA for instance or a community doesn't have the funding necessary to clear debris post hurricane or post storm they enter into these agreements so that they can provide those services
>> if it's not a loan what is it >> we're it's basically it's an emergency >> what are they paying back are they paying back a loan they're paying back our expenses They're going to be paying back the whatever the city incurs. >> We're putting the money. I mean, I think it's a lot. >> We're fronting the money because of the
emergency nature of it and that is permissible under the municipal powers and this uh the statute and our code. This is not >> permissible to private uh to private property. >> Yes. Because of the fact that it's to
protect our infrastructure. So, it's not as if we're I if this were just a situation where we had um a particular area that had a lift station and we could access, we would just repair that. Anything else
would fall in the association. But we can't in this instance, it's all so connected. We can't protect the city's infrastructure, provide access to fire or EMS. We can't do any of that unless this repair is done. So the this
is the way to get it done so that we can restore the services, protect our infrastructure. >> I agree that we can't do that until it's done. I I guess that's why the fire chief has evacuated that that those homes they're all unsafe >> out of there and and yeah, I don't want to see anybody in there. >> But this is absolutely legal. This is
absolutely legal and it's absolutely backed. >> Yeah. And and talk about our protection. So, if they don't pay it, if they become insolvent as an HOA, uh what's our collateral? What's what what's our protection uh to that? What happens if
they surrender and say, "Hey guys, you could just have the roads, you can have the bridge, you can have it all. We're not paying you." >> We have the special assessment levy. I mean, it's contingent on this the approval of that. That way, it's it's actually a tax on every homeowner, which
gives us foreclosure action ability should we need to do that. There's no, we don't want their roads and we don't want their >> You can't foreclose on residents homestead if it's if it's their homestead, >> but it's actually a tax lean. It's just like >> if you don't pay your assessments, you
don't pay your taxes that supersedes um our your ability uh against your mortgage. So, that is a protection that we have and I do trust they understand the nature of the situation. I mean, they this is desperate uh situation and I trust that, you know, hopefully they're going to get assistance from the
insurance and all of that. that so they wouldn't have to have this massive uh you know bill and the quicker we get to it the the less it'll be it seems so um but this is all completely legal and it is absolutely within the um the actions that our municipal
government >> so who signs for that so then is each individual homeowner going to sign a agreement to repay or >> the HOA board >> can bind that >> we'll bind all homeowners on behalf of
the HOA way and that resolution and the agreement that would ultimately be um drafted which we will work on diligently and we'll you you will of course see see a copy of that agreement and um >> so you're 100% comfortable we'll get our money back. >> I'm I I'm telling you that I have
protected it the >> with every single function available. Um the HOA we want to give them the flexibility to to get the funds from the insurance. We want to get the actual numbers. So, we can't say right now this is what the assessment is going to be.
So, we need to give them some time. Um, but yes, we will have all of that in public record so that if the property is sold to a a new property owner, they're going to know. >> Did you have any discussions about a timeline of repayment? Is it one year, 5year, 10 year? uh given the amount of
money uh and it's all based on that and of course uh again insurance recovery and all of that we're probably looking at I want to say somewhere between 3 to seven years because if the insurance pays out we may not even be having this conversation in six months but it's all there are a lot of contingencies out
there right now and so if I'm looking at a number around you know half a million then I it's we're looking closer to seven years just to and again they're going to make a good face deposit and we'll We'll try to see no prepayment panels or anything like that. Obviously, we would like our money back for our
taxpayer as soon as possible. >> So, we'll get updates where to know where we're at and what the cost. We can certainly do that >> and see the agreement. >> Absolutely. Yes. >> Thank you. >> All right, >> Mr. Mayor. I don't like the fact that we're even talking about this. I I don't
like the fact that we're going into our reserves to do this. At the end of the day, it's a people thing. And when I rose raised my hand many many years ago to protect this city, I I voted at that time to do what we have to do to help
our citizens. Therefore, I move approval of resolution 25-97. >> Thank you. Can I get a second? >> Second. >> Second. >> All right. It's been moved and properly second. Roll call, please. >> Vice Mayor Ashcraft. >> I. >> Commissioner Holland.
>> I. >> Commissioner Lee. >> Hi. Commissioner Ozbody. >> Yes. I >> Mayor Hawkins >> I >> thank you. [Music] [Applause] >> Okay. Next.
>> Thank you all for coming. >> Just a brief moment to let everyone exit. >> Take it away. >> Yeah. We're going to take a five minute uh recess. time is 7:0 I can tell what time is 7:07
>> 7:07 >> Mr. Mr. Mayor, we're going to have to hold a minute because we don't have an attorney. >> Where did she go? >> She's the um >> Okay, >> representatives of the HOA are in the conference room meeting right now.
>> Uh I can I can raise it. >> I can substitute. [Laughter] >> Mike can actually read. Um >> you want to read until she comes in? >> Read the agenda, sir. >> Yeah. Okay. All right. Go ahead and read
it. >> Do you want to read the item? >> Yes, I can do that. >> Do you have it with you? >> Do you have the title? >> I do. Now, >> just don't do too good of a job with it.
you might end up with a job. >> Okay. All right. All right. So, item 5.2, we're talking about resolution number 25-90. It's a resol a resolution of the city commission of the city of Eustace,
Florida, approving a waiver for the size and placement of a textile recycling collection bin or slash shed at 2910 Dillard Road which pursuant to ordinance number 21-07
providing for conditions of approval. So again, as mentioned, this is 2590. It is involving a code case uh that our code enforcement officers had uh instigated.
It is located at um Life Community Church off of Dillard Road. >> And again, they are seeking approval uh to have their textile recycling collection bin uh approved. by
resolution tonight. So, and also approve a waiver for the location, the color, and the actual signage on the actual bin itself. So, some background on this. In 2021, the city commission adopted the actual
ordinance that that's called the the textile recycling collection bin regulations. It's 21-07 which pretty much allows a total of four collection bins to be in the city and at
this point we have one uh actual authorized bin and that's at AAA mini storage on East Orange Avenue. >> Okay. >> So um the uh Life Community Church
uh with a u a corporation called uh the u the St. Poly Textile Corporation uh in in partnership uh installed a an 8 foot by 14 foot shed or or storage bin
uh on their property off of Dillard and um they they did so without seeking approval from the city. When they contacted the city, they they were simply asking about storage shed setbacks. they didn't recognize that we
had a BIN uh program in play and that we have a limited number uh for them to actually um I guess seek approval for. >> So um you you'll notice that the the star
actually shows the the location of the bin. It's 100 foot from Dillard Road itself. It is roughly 95 ft from the actual church. It's 500 feet from the western boundary and it's 350 ft from the southern boundary of of the actual
campus itself. We've got a 9.5 acre campus there. Here's the picture from code enforcement that was taken back in July. And in essence, what we did is we simply took the the the ordinance itself and I
did place a copy of the ordinance on on the the dis there for your review if you want to follow along. We simply just walk through it. There are 10 items that are there. And uh again, I'll just uh I'll I'll show you my
PowerPoint. the uh the code itself is actually in regular text and and our commentary is actually in italics on the slide here. Okay. Thank you, Mike. Would you like me to
read it again or are we >> I'm almost done. >> Oh, okay. >> Okay. So, uh as I said, uh we reviewed the uh the actual ordinance or the regulations with the circumstances that that are at play here. So, basically,
the code says that uh the recycling bins must conform to city requirements. They're they're allowed on city property with a franchise agreement. And at this point, the proposed bin is on a private property and uh and it exceeds the permitted size. Uh it uh the colors as
well as the um the proper content information or signage. And uh the the code talks about stationary vehicle collections. That's not applicable to this particular issue. Okay. So, it also indicates bins can
only be placed on city- owned property with that franchise agreement along with the commission approval. Um the the code states that develop parcels that are approved for non-residential uses such as commercial industrial office use as
well as community uh uh services uh type uses are uh allowed to have these here. So the life community church has the the basically the community services use uh tied to it. So um again that is a
circumstance that that we agree uh they have met here. So the the code does require them to have a BTR u along with it that is valid. Uh they have submitted their applications uh
both this resolution and the next one to us but that is basically contingent upon the commission's approval of that particular location tonight. So the code also talks about the the bins can obstruct uh the the vehicle or
pedestrian circulation, the emergency vehicles access as well as protected trees and and utility services. Uh in this case they all have have u have appeared to be uh I guess in compliance
with that particular issue. The uh coder talks about bin sizes and uh it talks about not exceeding seven feet in dimensions. This is an 8 by4 type use. So it does exceed their uh our our limitations or our regulations. The
uh the code says that the bins got to be at least 500 ft from other bins. Uh that's not applicable to this situation. As far as the street goes, uh there is a street requirement that says they got to beif 50 50 feet off the street. As I pointed out, this one uh with the Life
Community Church is 100 feet off of Dillard Street or Dillard Road. Uh the bin requirement says that it's got to be steel and that it's got to be rust resistant. Um and it also has to weigh at least 500 lb when it's empty. Uh we
believe that uh at this point because the the the current structure even though it's wood uh is 14t long it is over 500 ft I mean over 500 lb uh at this point and and that's that is empty.
The code says you got to display the owner's name, phone number, and address. Well, these guys don't have that. they pretty much have notifications on, you know, what donations are acceptable on this particular shed or the storage type
facility. Um, at this point, uh, the, uh, the shed resembles a storage shed, as I said, uh, and it doesn't have the signage, but the the church does maintain this the site. Uh it includes the donation instructions on the
building. The bins have to be painted uh uniformed colors, maintained in a good condition, and emptied at least 14 days. That's what our code says. Uh in this case, the the shed is tan in exterior. It's got brown accents and it's got a
gray trim. Uh it the the church does maintain and service the area and uh uh at that point the the code talks about uh it has to be cleanly uh the cleanly area cleanliness around the the actual
bin itself 20 ft around that. So uh as I said these guys the church have have an agreement with St. poly textiles that they will maintain and keep a a a good clean location there around the bin and
they will monitor it at in all times. Uh so um last but not least of the code it talks about uh the the code allows no more than four of these bins in the city. Uh any additional bins they will have to come back before you guys for
approval. And so, um, at this point, the church is asking, uh, for just the the sole bin that is on the the location or on on on their campus, and they are actually asking that, uh, the city commission approve the the waiverss
along with that. So, if you have any questions, >> is that is this um in perpetuity forever or is this is this subject to being re-reed or once we grant this, is it good forever? if if if they continue to
pay an annual BTR application and keep it valid, then this is a a program that can continue until >> indefinitely. >> Yes. >> And then the St. Paul, >> I'm sorry if I may. I think if there are cleanliness issues or maintenance
issues, I think we do have the ability to do something about that. Correct. >> Yes. So that it is as long as they maintain it and do a good job with it then yes I suppose it's imperuit. >> Am I right in understanding that this St. Paul is a third party textile
company? So they're collecting the stuff there and then they sell it to the textile company in exchange to generate revenue for the church. >> They collect it weekly. They actually will go and and sell the merchandise or or the donated items and then they will
split the proceeds with the church. And there's a maximum of four bins we have from that initial. Correct. >> I I think the original thing back when when you guys before my time and and and I know uh um Representative Cobb was
behind that too. I think it got out of hand >> and and and they were popping up everywhere and and it was a mess and everything. >> Uncapped >> uncapped and everything. I think a a church I'm praying, no pun intended there, that they that they're doing it
for for uh uh humanitarian more so than than for a profit that the other people were were doing. Um it's a good-looking it's a good-looking little thing. I I trust and it's it's in some kind of rural or bigger properties. >> I trust that they would do a good job. I
noticeable it. Yeah. And and >> I hope they do it right. I I I would be in favor of supporting it. Do we know what happened? >> No, Pastor Schneck that is going to be kept. Um >> uh and and it sits too close to the church for it to be left unckempt.
>> You know, you get some homeless people come in and start trying to shift through it, but you know them. You're you're involved in that business with the with with the funeral. So, I take your your thoughts very serious. So I think >> I think >> truthfully I I I think the the biggest
challenge we had when this was brought up by Nan when she was with us was the cleanliness and these boxes just appeared out of nowhere. They were being dropped off. They weren't getting uh property owners permission at times. I
think we've got that under control and the way this looks I truthfully am in favor of it and don't have a problem with it. >> The organization I was doing it was questionable also. What I what I don't want to see it is to every nonprofit in the city. Next thing you know, we have 75 of these. So, I'm
I'm >> max is four. >> Yeah. And and I'd like to see us take real serious before we go beyond four. >> Absolutely. >> I'm not willing to open it back up. um over in uh Lake Mary at the Advent Health Emergency Room over there.
Somebody has put one in their parking lot and it has gone from very nice looking to absolutely horrendous with stuff overflowing out of it and just looking tacky. >> Um and that's what I don't want us to get back involved with. But I think
where this is located and knowing the leadership of that church, I think I I don't have a problem with it at this time. Now, this was brought to our attention by code enforcement. >> Correct. Yes, sir. >> What did we Whatever came of that. >> Well, this will be the resolution to
that. >> Okay. >> Tonight. >> All right. >> So, now we have another two churches asking for the same fee. >> We have one additional one. So, we tonight if if approved, we will have a total of three in the city. Yes, ma'am. >> Okay. All right.
>> Any other questions for staff? No. >> Would anyone in the audience like to comment on this resolution? Seeing none, I will close public input. Mr. Mayor, Mr. >> Mayor, I move approval of resolution 25-90. >> Second. >> This has been moved and properly second.
Roll call, please. >> Vice Mayor Ashcraft, >> I. >> Commissioner Holland, >> I. >> Commissioner Lee, >> I. >> Commissioner Asbody. >> I. >> Mayor Hawkins. >> I. >> Next is resolution number 25-91. A resolution of the city commission of the city of Eustace, Florida, approving
a waiver for the size and placement of a textile recycling collection bin slashshed at 480 County Road 44 pursuant to ordinance number 21-07 providing for conditional for conditions of approval. Mr. Lamb,
>> I'm not going to put you through the misery. I just want to say that this, you know, it's a different location. Uh this is the the Church of the Nazarene, the the Eustace Church of the Nazarene. And and this is basically off the the county road 44 location. And um again uh
same circumstance, same company and um >> same code violation. >> Correct. >> Okay. >> Is the one >> you know what's what's interesting is that um the the Google Street View uh you know this is the one at the Nazarene
church has been there since May. So they were able to to to do a Google Street View. And let me just This is what you see from County Road 44. >> Oh, >> it's over 175 feet from that road. >> Yeah. >> And you know, as I as I zoom in, you know, you're you're getting closer to
the bin, it looks like a storage shed. You don't even know it. And then when you get up on it, that's where you see the actual signage. And so it's kind of overkill. >> Okay. >> Okay.
>> Thank you. That's it. >> You're speeding through. >> Okay. >> We're recommending approval. >> Any questions for Mr. Lane? >> Would anyone in the audience like to speak on resolution 25-91? >> Okay. Seeing none, I will close public input. Mr. Mayor. >> Mr. Mayor, I move approval of resolution
25-91. >> I'll second it. >> It's been moved in properly. Second. Roll call, please. Vice >> Mayor Ashcraft. Hi. >> Commissioner Holland. Hi. >> Commissioner Lee. Hi. >> Commissioner Asody. Hi. >> Mayor Hawkins. >> Hi. Right.
Now for second reading, uh, we have ordinance number 25-37, an ordinance of the city commission of the city of Eustace Lake County, Florida, creating chapter 14 entitled animals and foul and adding article 2 entitled residential backyard chickens
program and creating sections 115-11.8 of the land development regulations entitled backyard chicken program standards. Providing for legislative findings and intent, establishing definitions, providing for permit requirements, providing for standard of care, providing for enforcement and
penalties, providing for program review and automatic continuation, providing for severability, providing for conflicts, providing for codification, and providing for an effective date. We had presentation on this at our last commission meeting on October 23rd. Um,
there's no additional presentation. Are there any questions from the commission from me on this item? Nope. Would anyone in the audience like to comment on ordinance number 25-37? Seeing none, I will close public input. Back to you, Mr. Mayor.
>> Mr. Mayor, I move for approval of ordinance 2537. >> Second. >> Been move and properly second. Roll call, please. >> Vice Mayor Ashcraft. >> I. >> Commissioner Holland. >> Nay. Commissioner Lee >> may. >> Commissioner Ozbody >> I.
>> Mayor Hawkins. >> Uh I >> thank you. That is it for Yep. for my portion. But now we have other business. And Tom is taking this one.
Um so the um this as the city commission knows uh the city received a uh unsolicited proposal for the redevelopment of the community center site as an upscale boutique hotel. Um,
as part of that uh process, anytime uh the city disposes of property within a CRA, there's a process to follow uh as part of uh CRA regulations. And so uh the city commission directed staff uh to
put together uh a uh solicitation or uh in this case a request for proposal for the community center site. As part of that process, we did uh engage in uh title work. Um there was some question
as to a deed restriction on the site. So we have uh moved forward with title work. Uh as the commission knows um we were um we have we have some results results of that title work but as part
of that title work there were there was some discussion about us going to get a survey to tie the actual real estate with the uh title work. Um there is significant cost related to uh getting
the survey done and so uh we feel comfortable uh in in working with the title company. We feel comfortable uh moving forward with uh the title work that's been provided uh putting the responsibility
uh if if a uh buyer or receiver of the property is interested in doing a survey. uh that would be their responsibility. And so uh we have uh put together in your packet a a draft
request for proposal. Um and uh you have I believe uh before you a copy of the original 1906 deed uh with the um original deed restriction and a packet
related to that. Um >> I don't think I got to distribute it. Yeah, >> because I went up. You have it? >> Yeah. >> But I don't think Oh, Christine or I might >> I have I have the what? I I'm sorry,
Sasha. You were handing me the extras. >> No, I gave Christine the extras. >> Did you get one? >> So, I have I have it here. >> I have plenty of >> Thank you, sir. >> Oh my gosh. a small right >> the clippers
>> and it's cursive which I know >> I took the attorneys >> so they couldn't read it >> so yeah some of it's not stapled I apologize for that trying to make the copies >> um >> sad thing is our school children
couldn't read this today if they had >> so I think I think the point though is uh in 1906 uh in what you have before you there there was a deed restriction but uh the title work that's been done by the title company. I think their
opinion is >> Yes. >> I'm sorry, Sasha, would you like to? >> Yeah, sure. Uh, so the restriction um in the first deed, which is the 1906 deed, is that this property be used as a city park. Um, now that restriction was then
turned over to Mr. Kent uh Pendleton in 1920 in 1920 uh 4 1924 um by the same trustee the what took a
little bit of extra time was we wanted to confirm that because of probate records obviously being in from the late 1800s uh we had uh to get the microfich and we confirmed through the title company that the trustee was in fact
authorized to take these actions on behalf of WK Pendleton. Um so in that 192 4 deed he transferred the reversionary interest which would have been essentially once the city stopped using
it as a park then um they would he would get it and his heirs would get it. So um then after that it's actually kind of out of place. You'll see this was replatted um since he got it. Uh we ended up being the Northshore subdivision. There's
towards the end you'll see a little bit of a map here by Eustace Florida Land Company and then that's kind of like broken up which references um the city park as one of the
um designated areas there. And the reason that's included is because the legal description is what's difficult to track post uh initial conveyance and then they did this repling uh the property was deed by Mr.
Pendleton and his wife to um another individual Miss Bella Kingman who then deeded it back to them um as a married couple and then he passed away. Uh and Miss Pendleton, Daisy Pendleton,
then um deed this the property to the city with no restriction and that's where the tracing occurred. Right. So, we have a deed from her uh that's dated from 1959. Um and that deed
has a different uh legal description, but it references that's why I put that plat book in there. Plat book five, page 64, which shows how they had replatted it. It references the city park and it states the city park as part of what's being
conveyed. So, we don't have a modern legal description. So, right now, the title company because of the survey requirements with the beautiful cursive from the initial one and where we are now, um they would like a survey
obviously, but that's um where we're at. essentially we can certify that whatever um what the legal description is on the 1906 deed that's what we would be warranting because that's we're you know takes all those extra steps and I
included in there for you just for fun an affidavit that uh Miss Pendleton filed right after the deed showing that she was her alive and her own the air and she was entitled to do what she did by conveying the property to the city.
So, in 1950, >> she's still around, Mike, do you know if she's around? Any of the Pendleton's around? No, >> no, I I did know the family. Um, >> be pretty cool to talk to them. >> They were cool. >> We have copies of this for the public if anybody would like to take it. >> Actually, I did one of Mr. one of the
Pendleton's funerals in Orlando and he had pre-recorded um a message of his own funeral and his son got up at the podium and actually started talking and then they hit a play button and his dad interrupts him. He
was a character. Um but I will tell you I know that he they I know the family wanted the best for this city >> and they were just good people, >> the ones that I knew. I know I know Mr. Porter's out there.
So, I know Mr. Porter would have known the Pendleton family very well over the years. So, >> I do want to just mention the RFP U number will be changing um since the fiscal year
>> uh restarts. We're going to do 26 uh I think it's 02 >> 02 I think is what we >> um so that's that's a correction um just to bring up but this was just a draft there's still some additional information that we would need uh from commission guidance
>> so we um we you have in your packet uh the advertised notice of intent and the uh request the draft request for proposal. We do need to still add some dates based on direction from commissions. So, it's not absolutely
finalized, but we would uh make some final modifications and then um uh if it's the will of the commission, we would issue that request for proposal. Uh,
I'll say what I said at the last one. Until we get uh a hand on what we're going to do for our residents in the community center, I see no need for us to move forward with an RFP, >> but we're not just because we do an RFP,
we're not tied to anything. >> Yeah. I just but I know how this that slippery slope and we'll end up without a community center and our residents will have nowhere to go. Uh at one point there may have been
an option but there's no option uh as as I know it right now. Sasha, it so in doing this RFP, we're checking a legality box of saying that we inform the public that we may dispose.
Uh, and it gets that check mark out of the way and then we have the next step of deciding if there is any responses. We have to vet them and go through what goes on. But we've eliminated that check mark. I know the mayor is concerned
and I I hear what he's saying, but this is am I right in assuming that this is just checking out of the a required before we do anything so that we have a consensus from the commission that we can uh entertain RFPs from other people
and they know what our what our position is. So yes, this we we have a a a legal requirement to provide notice to the public when we're intend when there's an intent to dispose of any uh property really, but particularly property within
the CRA um to the taxpayers. That's our responsibility. So the RFP what it does it gives us because the notice of intent to dispose it's a it's doing two different mechanisms captures a a broader um audience but the notice of
intent goes in the newspaper so it you know it's not going to be easy to read and just have all of the requirements in there because the RFP does kind of give all that outline as far as what we're looking for when it comes to um
compliance with our comp plan, the master plan, all of those things. Um, and the additional information, the records that we need from the applicants. So, it has more information on there and we'll also have it on the website. So, it meets that. It does say there's no obligation for the city to
accept any of the proposals. Any expenses that they incur in submitting uh or preparing to for that submission is absorbed by them. The city is not responsible to reimburse anyone for that. there's going to be um because because
of of the nature of the property and the fact that we need to look at the financial viability of the project as well as part of our due diligence uh to the public then um once we receive should we receive right applications
then um we would look at how that process would unfold um as far as either establishing a committee because we'll need someone to review the financials and we would want that obviously it's that whole process is public but that we would be looking at you know what I
would envision is letting commission know how many we received by the cuto off time frame and then saying okay um maybe giving you a synopsis uh there's going to be an opening of it which is of the bids and that's to you know the public will also be able to attend this
is um it's pretty flexible in that we're not uh looking at just like a donation of the property itself. Um, it could it's not not an option, but it's not the only option. Uh, they could offer to buy
the land. Um, we would have to look at fair market value regardless of how if it's disposed of, how it's disposed of. We need to make sure that we are meeting um that public duty that the the value matches
the benefit >> and Tom, aren't we kind of don't we look at that as really a great return on our investment if we do uh convey the property? We use a kind of use a formula of if we gave away a I I don't know what
the community center is worth, but let's just say a million and a half property or $2 million property for the sake of math and we get a return back of 007 whatever we'll get back roughly 200
250,000 a year in taxes in perpetuity growing going up. So, do we still look at it as a huge return for us and for the is that for the CRA or for the general fund? >> Um, I this property is located within
the CRA, >> but it's owned by the city. >> It's it >> it's owned by the city. >> It's owned by the city, but it's within the CRA. So I I don't know if I'm answering your question, but we would um we would have to evaluate a number of factors and a lot of those will be in
the RFP, but one of those factors will be what is the return on investment and I mean the return is going to be to the CRA, not to the general fund initially. Um, and because this property was owned
by the city when the CRA was created in 1990, it would have zero um, initial value. So in 1990 when the CRA was created, this property was worth zero. Anything that's generated by a
private development project would 100% go to the CRA. That's not a benefit to the general fund, but it's a benefit to the CRA and a benefit to the community. So again, I don't I don't know if I've answered your question. I >> I just want to make sure that if we go
down that road that we're diligent in factoring in the return and factoring in the math to give away, if that's the case, a $2 million property and collect a4 million a year forever is pretty good. Uh but we need to we need to be
thinking from that direction. I I just >> that would be part of the analysis. that would be how you would how we do you know otherwise I wouldn't want to do that and and I do think one more thing I do think that >> and I know your concerns mayor >> if we do put out an RFP and we convey
that we would consider doing this because we've already put out uh this notice I think we might attract even some more people that we wouldn't attract we incentivize them so consider you know that's something I think for me to consider >> and and I I understand that But
they're not my concern right now. My my concern are our citizens have a place to hold functions that they can afford and and you know I know that >> so that's that's >> yeah I don't think we would want to do
anything without having a community center uh element in there and I think that's I think the five of us are all in agreement with that generally. So yeah, whatever we do when someone comes forward, that's one of the things we want, one of the things I want. >> But the I don't know about a community
center element in what's become there because we know that is going to be profit driven. Uh and and I know that our citizens will not be able to afford anything that goes in there. >> And that's what we need to tell whoever
comes forward to an RFP. We need to negotiate that with them. My question is, we haven't focused our know where we're going. Why are we disposing of the property before we even know where we're going?
>> We're not I mean Sasha, do you want to answer that for her? We're just checking off. >> I I I just I'm just um maybe I'm just confused, but what is the purpose of this when we know not where we're going? >> Right. And that's very valid. I mean if
putting out the RFP is it is checking a box but it is also putting the intent out there. I mean we are setting a deadline for responses. So people are going to invest their time and resources in preparing a response should they be interested on you know to be considered uh for the
property and um there there it's there's all of that is laid out in the RFP as far as what we would require and the public benefit component is it is a big benefit. I mean that that also looks at is it going to create jobs? Is it you know what all of these different um
factors have to be considered when making a decision. So putting this out there is a trigger to people to act if they're interested. So that I do want to say that. How does this empower Goldman
a little bit more with his $35,000 task he's working on now to to give him more marketability? I I would think so, but I guess it doesn't hurt it, right? >> I I I would say this is another opportunity for him to
um for him to work with the private sector on >> and I agree with you, mayor. We we need we we we >> we need that affordable meeting place. Sure. And I think we I don't think we should ever surrender that. >> I still don't feel clarity on what we're
at attempting to do as far as when we say dispose of property. Um so can we sell it? Are we giving it away? What are we trying to do? What are we trying to accomplish? >> That's actually left open. I mean, it's
flexible. They can offer to buy it. >> They can offer to purchase the property if they're seeking a donation. Uh the property being donated. that would be part of the application and all of it is consistent with what is it that they're trying to put on the on there and the viability of that project. So, we're
leaving it very very open and flexible to receive >> um you know, >> I see it as first step but not the only step. someone has to come convince us of what we're going to get for that and
what our tax return is going to be on that and that we will rely on Tom and and the staff and and everything. We're putting out our marketability that we would cons and we don't have to u give it away for zero or we can sell
it or we can see whatever best works for our city and what the mayor's talking about having uh a place to meet. This is just a first step in saying we'll we would be willing to do it if the if the sto if the deal is right. >> Well, it seems to me we're putting the
card before the horse >> because we haven't talked about what what we want to do, what we want to what we want to focus on, what we want to be when we grow up. And and here we are doing an RFP. Um how how are we going to fit any of the information we get into
what it is that we want to accomplish or do in the future? Yeah, I think that to me just the thought of giving the property away is a is a non-starter for me. And I know that
they'll come in and there'll be, you know, all these great offers. Um, but that coupled with our residents, you know, >> well, we're setting them up to think that they can we can give them the property. >> Yeah. And we haven't even
we haven't once talked about the possibility of moving the community center and figure it out. See, that's that's my issue because I I I feel that that if we start this this starts to move faster than we move because we have
nowhere to put a community center. >> I would not be in favor of letting go of the community center until we uh know where we're going. what what's going to happen, the conditions. I mean, it's probably unfortunately quite a bit away from now. I like to see the proposals
and ideas and hang the sign out that we're that we're open. Nothing can go We can't Am I right? We can't do anything without commission approval. We can't give it away. We can't do anything without commission's approval. This just meets the box. >> We can't. But I I want to reiterate, I
mean, this is the the interpretation to the public is we're >> we're open to considering that >> to considering that. And then again, they're going to expand time and resources. Uh if it's a development project, for instance, their timelines, their uh considerations for uh costs
related to new construction, I mean, that's that's all always varying depending on what's going on with the economy. So, if you know, you could just take um the draft that we have. I know that it it's
before you because it was a promise made um to to get you guys a draft to look at. Um Tom, correct? >> Yes, we committed to getting this to you tonight. >> Okay. Um, but it's a, you know, kind of something you could maybe digest a bit
more and think about possibly other components you might want to include in there for future, not necessarily now, but yeah, just I just want to say I it would be unfair to put this out there and say, well, we want to hear what you have to say, but we're not
>> really ready to convey it. And they've been expect, you know, they're spending money to put all this together. I But but how do we know what's possible and know if we put it out? >> But if you put it out and and what's possible is acceptable, then you have to
be ready to part with the community center. So it >> only if we all agree or only if a majority >> only if someone shows us beautiful pictures. Uh >> it's not just the pictures there. There's more to that, right? >> Um >> beautiful pictures.
>> It has to be there has to be there then that's all laid out there in the RFP. So, um, >> and a resolution to a concern for a community center, uh, parking, um, a lot of things that we've all had in our past
and that you guys had before I came along, the community involvement, trying to use people, um, that employ some of the things you brought up years ago, >> but um, >> you know, we've lost and I and I don't
like to use the word lost because being rented but uh you know we we don't have uh our building on ward because it's it's being rented out. Um
and that was a meeting space. Uh just the possibility of this my whole thing is I want to know that there's an option for people to go to. >> Absolutely. I'm with you on that.
I think we owe that to the community. >> I think in terms of for instance, people responded to the RFP and someone came in and they kind of proposed a project that would reflect old Eustace and and how it
looks and everything. Then someone else comes along with a contemporary very modern um project. And how do we choose when we don't know which direction we're going? I think that's what um uh
what's his name is doing. He's trying to put us all together. >> Dr. Lee. Yeah. I think that's what what he's trying to do. He's trying to kind of narrow down >> and that's why I felt like it was putting the horse before we do the RP, but we haven't done that yet.
>> So, this is something for us to look at. >> This is completely discussion. Yes, we the the agreement was >> to get um a draft of of what this would be. I mean, it doesn't have uh publication dates on there to, you know, time frames on there. That's what we
would need to iron out. Um and if there were any questions as far as what's included. Uh but this is a really good framework um just to give you an idea of what would go out should you choose to move forward with
putting out the intent. If you wanted to hold off then it's still a good framework for you to review consider and >> kind of um you know >> concern about holding off is some of the things I've heard from everybody. You know, we've been holding off for 23
years, >> but we have the final word in what we do. And we want to put the sign out that says, "We'll look at what you bring us." And potentially doing something
discounting or even transferring the property is a potential option, but we have all these other check marks we need. >> That's how I see it. Have we put the RFP out for the three blocks? >> We have not. >> No. Um
>> um the the um the plan was to uh allow for a period to work with the private sector um prior to issuing. Uh as far as timeline, uh we had talked about uh kind of a 90-day period to work with the
private sector. Um, we now that we have uh a session scheduled with Dr. Levy uh on December 12th, >> I would say we probably don't want to issue uh Waterman site RFP before uh we meet on December 12th. >> No, definitely. I agree with that.
>> And so realistically, we're probably not going to issue it at the end of December. Um so we're probably realistically looking at January at this point. >> Yeah. you know, we jumped from concentrating on our three blocks to
concentrating on this and it was just like that. >> Well, >> probably because that proposal came through. But I think we got to concentrate on everything in the master plan which includes some of the other catalyst properties and everything that's that's
>> we can't we can't do we can't do both at the same time. >> I think we can shoot down Milwauke. >> Well, I would hope so. If not, then I've been using that for all the wrong saying that for all the wrong reasons. >> I think the most important thing is that
we reserve the right to say no or with an if so >> with the condition. >> Yeah. Yeah. With what with with input from everybody. We know that the mayor feels strongly about a community center. I'm with him on having an alternative
costefficient way for some of the people in our community to to do this. things we can even let people use for free. That that's been a part of our history. That's what we do. We've done in the past. We need to keep doing it. But we're going to lean on these developers who come in here to give us that stuff,
too. And if and and and to cough it up, pay for roads, pay for parking, pay for, you know, things. We we we've got to get them to be a partner with us on on that. So, we want to attract as many other people as we can attract. And I see this
as as a as a means to it. But I'm not ready to commit to any any of it as a final answer till I see the project and rely on the five of us and I guess whatever consultant we have to guide us.
>> Well, let us all take some time to look at this and we'll we'll kind of come back on it. You agree? Or is it just me? >> I I I wouldn't be against putting it out
and sitting tight and holding our cards close and demanding what you want and demanding what maybe the balance of us want. >> Is that what you thought I said? >> Which part, sir? Demanding the uh uh to have a a community center.
>> Yeah. I um >> and I'm sure there's more good ideas you have too that we need to look at. Oh god, that was just so full of it. Okay, but you good. >> I like I like what you put forward before. I like uh using local u people to build it. I like employing our
community. I like a lot of the things you said four years ago. >> Mhm. >> Well, none of that is in the RFP, >> but that would be in our rating process, if I would call it, or that would be >> developers agreement. um it would it would be a consideration,
but I feel that if that is really an intent um that the commission wants, it should be in there that you're looking for someone that would be willing to include a community center or and um I mean employment uh is is a factor, but
working with local vendors or all of these things are important to put out there so that they know what you're expecting because otherwise guys, >> is setting them up to fail because they might have a certain vision >> as a as a private developer, right? And and they might say, "Well, we just want
to buy the property and we'll we'll pay the appraisal value and because that is an option or are we not, you know?" So, these are things that I I think we really want to make sure they're in there so that if they're wanting to make that, you know,
concession, they can and try to figure out how that looks. Um because another factor of this is the financials and that is fluid. I mean, people commit funds to other projects all the time. So, what they may have set aside for this may no longer be valid if they take
on another project. And, you know, we're just holding off. >> That's a good That's a good point the mayor brought up. So, if we put this RFP out and then we come and we say later, hey, we need to have a certain percentage of the people
working coming from Lake County or North Lake County, preferably Eustace, but I'm not sure that um that would suffice. We add that later. That doesn't The RFP is just saying, "Hey, we're considering potentially getting rid of property,
>> right?" But you're changing the terms of what the RFP is. And I don't know that we can have legally a that requirement. This would be more of a preference. I mean, you have to look at qualifications and >> then we need to compile all the lists. We need to find out. That's why we're not ready because these things are going
to keep coming up until we know definitely. >> I thought we could determine that along the way. >> Oh, no, no, no, no. We have to be it has to be pretty as solid as possible because again these they're putting money and time into responding to this and we are representing that we're in
good faith entertaining their submissions. Um, so the more accurate we are, the better. And I do think we need to be uh close to ready to disposing of the property. Um, or and if we're not,
then that should be a contingency. You should be able, you know, to have financing to hold off until we can find a suitable replacement. And if you cannot accommodate a um uh you know a community center component to it, you know, all of these things have to be in there because
this does tie up. I mean, we do ask for uh representations of their financing and and guaranurs and things like that. I don't >> And that's all in the RFP. >> Yes, >> that's in the current draft. >> That's in the current draft. One of the things that that that we've
we've always said from up here is that late receptions once they went away, there was no place else. >> This is the opportunity for us to plan and figure out what we're going to do with our community center. Uh I don't want it to be, and this is just me, I
don't want it to be uh a place that's run by someone else. I want it to be a city built. Uh I think we owe it to the citizens to have a place where they can >> uh they can come you know every time that we you know there's a function and
we have to go to Leburg you know and and and we're we're busy we're packed you know in at community center every every weekend
that's just my concern is that this will start moving faster than uh whatever we decide to do with the community center. Uh and that we don't we won't move as fast as
we say or we'd like to. That's that's my concern. Um so what do we do now Sasha is this is just discussion right? >> Yep. This >> so no vote is needed just discussion.
>> Um just discussion. I mean, if the the concession, we do need a consensus, right? So, if the idea is we're going to you want to hold off a bit and kind of digest it, see what else you might want to include, maybe hear from uh Dr. Levy in December.
All of those options are there because otherwise the consensus would be okay, issue it, and then we would need to fill in the dates. Um, but there's some information that I'm hearing today that is not in there, so I'm not sure. >> Yeah. Yeah. I think based on what you
you've kind of educated us on, I I think there are some things that that we want to talk about and and I actually think it'd be good to to have, you know, conversation with Doc, you know, while we're talking to Dr. because again, he's trying to kind of focus where we're
going. >> And I mean, it's essentially ready. So, once we get final tweaks, I mean, it's just a matter of adding in that information and then we're good to go. Uh, but we would need you guys to all pretty much support it.
>> Okay. All right. Okay, Mike. We need a new building. We have to have a community center. I've said that for a long time. This building's costing us loads of money
every year trying to keep it repaired. It was built in 196. how we've grown since then. It's not big enough to do what we need to do as a community. >> Now, Leburg had the wisdom to keep their property and build a brand new community
center where it is. Is it big enough? No, not at all. >> Okay. Um, so that's the question this commission's going to have to to work on. Do we keep that most probably one of the most valuable pieces of property in our city other than Faren Park? Do we
keep it and build a brand new community center that's state-of-the-art on that property, move it up closer to the lake, or do we take that step, maybe do a lot aundred-year land lease to a developer to come in? There's all different ways
to structure things. Um, I just don't think we as a commission are there yet to make that decision. Believe me, I'm I'm one of the ones that said we've got to do something with that building. We are not serving our
residents properly in that building as it is. But are we there yet? I think I think that once we have our meeting and I God knows I I I had a fit last meeting about us kicking the can down the road.
I think that once we talk to Dr. Levy as a group in December, we may have a clearer path forward um of where we might want to go. Um so I'm willing to part of me feels like I want to go ahead
and open it up. Let's put our toe in the water and see what comes back to us. But the other part of me is scared. There goes Eustace again opening something up and then we're closing it right back down. I don't want to do that to a
developer or to a builder. Okay. So, I think where I am right now, let's go ahead and have our meeting with Dr. Levy in December and then move us forward. That's just kind of where I am. >> Gary, I can say is Dr. Is Dr. Levy just
focused on the downtown or is he focused on >> the entire He's focused on trying to get us focused. >> I know. >> We're the issue. We're the issue. the project. >> I know, but I I believe and and and I I
I agree with you on that, but I I believe the one-on-one was really just more about downtown. So, I mean, is he is he going to be painting broad strokes or is he more focused? I I guess I I didn't really realize that until today. I actually asked about that
and my understanding I think it's Tom who would know he's spoke he's scope of work right now is just to try to for lack of better words unite us and he believes we're what did he say closer than we think
>> so I think that's all we've given him to do and that's all we've approved moneywise so if we like them and we want to move them to another project I guess that'll be up to the vote >> but right now. That's what he's doing. What's his scope? >> I I will say uh he's been um he spent a
fair amount of time going through the master plan. And so while it's maybe not explicit what his geographic scope is, um I think the master plan is probably a a good uh place to say where his geographic scope is. Uh which would
include the uh community center site. Uh but I think you're right. It's less about geography and more about uh identifying commonalities, identifying common themes. >> Well, I mean I agree with I agree with Michael. I mean,
I I mean, I don't see the problem with us just dipping our toe in the water to see what's out there because, you know, we've all have said for the longest time, you know, we just just seems like we just overthink everything and we lose
valuable time, but I know the consumer center is utmost important. But I think that could be worked out with whoever makes us proposal to see if what they're willing to do what we're willing to do. And it would be nice it would be nice to get something
that's uniquely useless that's different than anyone else. Uh we I think we need something like that economically to get us going. So I'm on the fence either way. Um, >> George, >> I I I think um I think I came in here
with a different mind thought and I think Sasha threw a curve. Uh, we need to have the things that we want out of that. And if that has to be, you're telling me it has to be in the RFP before we go out, then I don't think
we're ready. and and and I I think capacity too. Whatever we have there, if it's going to be a resort was proposed, if it's going to be a community center, a larger facility with some retail and all those, I think we need to decide that we've haven't been able to do that. So, we got to rely on our consultants.
So, if that's the case, I think we got we got to do we got to wait. >> We got to wait and see what he said. I mean, we've been waiting for 23 years to wait till December is is is quick. >> So, I I I I have to agree with with you guys. I think that's a smart,
diligent thing to do. >> Okay, Emily, >> I think everyone's come around to what I've been trying to say. >> Lord, >> so I'm glad the light has come on. Thank you guys. >> Shots fired.
>> And um I don't have any more to say except that I I believe that we we have to get ourselves focused. we have to get on the same page. We have to know where we're going before we can direct any traffic. And so I believe that our meeting and coming together and um
knowing and I keep saying what we want to be when we grow up, where are we going? That's going to determine so much more. And and if we do an RFP, we have to have everything in it. We can't just later on say, "Oh yeah, you know, we should have thought about this." And so we can't keep adding to it. We have to
know what we want, how we want it, and go for it. That's all I have to say. >> Okay. Thank you. >> All right. >> Sounds like we're holding off then. >> Yeah, we're holding off. Thank you, Sasha. >> So, the next two are back by popular demand. Um 6.2 and 6.3. Had them at the
prior meeting. I went ahead and included um a lot more information that I hope you guys had an opportunity to review. Um the first is on 6.2. to his direction to proceed with development adoption of the public records exemption request form and procedures pursuant to the um
expansion that Senate Bill 268 provided. And it's um essentially to provide uh our our staff um an easy way to confirm that the request uh from a spouse or an
adult child is being made through a a qualifying um city official or employee based on the exemption that's there. what it is that they are asking to have exempt because they can choose what information not to >> start over again.
>> Okay. Have to do the whole thing. I didn't look at the packet. >> I put all the information, >> but I just want to make sure. >> So, all right then. I'll just have to go through my my little thing here. >> You don't have to read it. Just your experience. >> Yeah, I do.
>> So, um it's protecting personal information of certain officials, but employees and family members. So, we're talking adult children. Um, I mean, minors are generally already covered, but adult children and spouses of already qualifying,
um, individuals that are protected from public records, exam, you know, uh, releases. So yeah, you have your typical which are like your judges um obviously municipal officers, but it also would cover the children, adult children, um
so that if their information is not released, but we since they're not employed with us, we would need to have and and the statute requires that they make a written request. Um they would have to do that and uh fill out the form,
indicate the relationship and then which exemption applies. So, this is really just to streamline it for staff so that they have a standardized procedure, standardized way to comply with these requests as they come in and can disseminate it to the right departments. Um,
that way we're not, you know, inadvertently releasing information that we're not supposed to. It's really just to, you know, it's an expansive protection, but it's we don't have a form for that. So, I pro kind of gave you guys all that
information. and I put in the little PowerPoint that I was going to give last time. Um, as well as a staff report and then I also included the um the bill and the um public record statute for
reference. So, I just um seeking direction so we can bring back a resolution preferably. >> How long would that protection go on? for example, uh, past employment ending. Uh,
>> it's while you're in office or No, it's not. It's not forever. It's while you're either, um, in office or you're employed. >> So, immediately after being terminated or in our cases completing our term,
then it would end. >> Okay. Mike, >> after reading it through and talking to some of the um barter league of cities folks, I'm in favor with moving forward and bringing back a resolution. >> Okay. Garrett Ser George same.
>> Great. >> Okay. All right. >> Please note my intent is to bring it um since this is really administrative under consent >> for the next meeting. >> Okay. >> Okay. >> That way I this would have been the presentation. So essentially if there's any questions on that.
>> Wonderful. Cool. So, the next item is hopefully just as easy. Um, so it's a direction to proceed with the adoption of public record search certification form um for personal devices and accounts. I provided and there the staff report my the presentation
um and I'll go through that a bit. So um as you know public records um apply to business uh official business that's uh conducted and not all of us uh have city
cell phones or email. So if anything is done on a private device, private form, social media uh and we get a request, we have to provide this and this applies not just to city officials but also to staff. Um, so we wanted to ensure that
the city has a way of tracking their obligation, which is to perform due diligence, right? And and reasonable diligence and we're making those requests to the individuals um
that we're getting the requests for. And that way we can document that we've remitted the requests and and the search has been done. um the individual will be the one providing the information. I provided a draft form already in there. Um essentially it just basically will
provide the information of what was requested. Um and uh when the request was made and if you have qualifying records or not, you'll check off whether you do or you don't. If you do or you
believe you do, then of course proceed in abundance of caution and you would turn it over to the city clerk. Then the city clerk would review it um and determine if it's a responsive request. If it's if it's you gave it an abundance of caution and it doesn't apply, then um at least we have that and then we have a
confirmation that you've done your part in doing the search and city clerk can register. the city's done its part in making the diligent um and reasonable search request for the records. Um because we're not going to go in there and search our own devices or anything
like that. It's not that's outside the scope. Um, but there has been case law and I did cover this during our sunshine presentation where failure to have actually followed up and made that request and you know not getting timely responses resulted in violation of
public records and I included that in um the presentation. It's that Radiant LLC versus NASA county case. So the form is very straightforward and it's meant to, you know, document our procedure, keep it transparent, make sure that um we're
protecting communications um that need to be protected for purposes of public records and we're also protecting the city from liability as well as our employees and officials from violations of the request and or violations of
public records requests. So, um, this is essentially just another protective measure that I fully intend to bring back on consent because it's more administrative, but it's it's um, you know, we're getting a lot more requests nowadays and it's just
uh, we need to make sure that we're keeping our records that we are >> doing our part so that that's not one of the things we need to concern ourselves with. >> Okay. >> So, >> okay. My
At the end of the day, we have to follow state law, and I think we do that. Um, I don't see a problem with going ahead and bringing this back as a resolution of whatever you need to do. >> Yeah. I included the draft form in there already for you guys to review. So, it would just >> I'm fine. >> And it's and it's really more for the
protection of the city, right? >> Yes. It's just >> Yeah, I'm okay with it, too. Okay. >> And it applies to everyone. I mean, like I said, not it's not isolating anyone. It's >> everybody that, >> you know, works here because we've had it with employees, too. I mean or any requests that involve me as well. I mean
luckily not all the requests can be pulled by the clerk. So um sometimes they can if it's an email but you we got to >> okay >> submit those in. >> George I I thought we were already doing this. I we have a form already that we
have to sign. Is that the same form kind of >> uh this is uh >> what was that form that we were using earlier in the year when we had >> that's this is this form that we had but we had um >> I thought we were already doing it. So
>> that one was So this one is expanded to cover everyone. >> What do you mean by every oh the staff? >> Everyone. So it's just a request a generalized one not just commission. >> I don't see any problem with that. >> Okay. Okay.
>> Okay. Great. So, it'll be under consent. >> All right. On consent. >> Okay. >> Thank you. >> Thank you, Sasha. >> Okay. Next up, future agenda items. Uh Mike, >> no future agenda items. I do want to
thank this community and the commissioners that were able to attend Ellen Barrett Bair's funeral. Um what a beautiful service that was. Um, looked like there about 450 500 people in at Life Point Church for that service. So,
uh, thanks everybody for coming out and celebrating the life of Aaron. Um, he's still very much missed by most of us, I think. Um, and I hope and pray that his businesses continue to to thrive and they're able to continue to offer the
service that that Erin taught him how to do today. So, um that and then I know that um Sherry's back there on the back and I'd like to her just to do a quick uh shout out for uh the veterans celebration that's going to be this
weekend if that's okay with you, ma'am. >> Yeah, please. >> This is our first time at the podium, I think. >> Do you forget that forgettable? Now, we actually have the our uh first
Friday tomorrow, tomorrow night, and we have salute to veterans uh Saturday. Uh it's going to kick off with some paratroopers jumping at around 7:45 in the morning. They're starting a little earlier this year, and uh it's going to go until about 4. We have the parade at
2, Ceremony of Honor at 3:00. And we are we also have a new program called reads of Honor where we have a bunch of wreaths and decorating kits and inviting families to come out and decorate wreaths. And we have um some marked graves at Greenwood Cemetery
where they can put a wreath on a veteran's grave. And I got to tell you, Neil uh the Sexton over at the cemetery has been thrilled to to collaborate with us on this. So, we're really excited um about that and also promote um the uh
tours at the Clifford House too as well. So, we're really excited. I hope you all hope to see you all there. >> Thanks. >> Thank you. >> That's all I have for me. >> Okay. Thank you. Uh Emily, >> the only thing I I would like to share. I'm I'm really happy. I've been talking
to Rick on the progress of um working on the cemetery. It's going to be awesome. Um and then the second thing is um um Eustus and Bloom have been invited by to um the um sorry I got a throw a problem the um
Maldora use um garden club and u we're going to do presentations there and we're working on projects to try to get the merchants downtown involved in Christmas decorating and um we're planning on a mural and so things are
moving along with the yus and bloom um program and I thank everybody for those who have helped us out and who volunteering to um get everything done for us. Thank you. >> Right, Gary? >> Um um first thing is someone reached out
to me today about um the status of the the the dock that we're proposing. Do we have an update on that the uh for the event boat? >> Yeah. Um, so, um, Rick Rick is pro I think Rick is out working
on Spring Ridge Estates, >> right? >> And so I think, uh, so Rick is working with, uh, we have a a contract engineer who's engineering it for us. I think what we've asked that engineer to do is uh engineer us the uh boat solution and
engineer us sea planes and then the comm we'll bring it back to commission and then commission will make the decision on how to move forward. So uh that's where we are. >> Okay. Um and then and then lastly I um I did
provide um all of you with um my report from um from Japan. Um it was it was a great trip. Very good trip. Made a lot of uh a lot of good connections. Met with some Japanese companies that are uh
interested in expanding in in Florida. And and and I also met the Secretary of State um commerce, Mr. Kelly, and Secretary of State of uh uh Bird. um while you guys were dealing with the
flooding over here, I I was there with them asking what they could do and uh they were more than happy to try to provide any any kind of support. But I I didn't realize how much of an influence
Japan has on Florida. They are they are highly highly invested in doing business in Florida. And it's I think it's something we should we you know that's why I was there was to tell you the story and see what what we
could maybe benefit um from that from that relationship. So um I had an incredible time. I've never been there before. I learned a lot and um I would highly recommend if anyone has a chance to to go over. So thank you for that.
>> Thank you, >> George. Well, Mike stole one of my things, but so I'll end it with um I think Mike uh uh uh Commissioner Holland did a
fantastic job running that that uh celebration of life and and uh I had to go up to him after that and tell him that and I think he deserves that acknowledgement. It it came so naturally, so well, and uh so respectful. So, uh, I was going to talk
about it, but I'll thank Mike for that. >> Um, otherwise, um, I think, uh, that's it, Mr. Mayor. >> Oh, okay. >> Really? >> Okay. I, um,
I I agree. You know, it was it was a great, uh, celebration of life for Aaron. Um, he meant a lot to to Eustace. Um, uh, I I didn't think I would, but I got
choked up and, you know, and it still just baffles me that, uh, that I did because, you know, I'm just this strong macho guy. >> Oh, yeah. >> Yeah. So, >> but u uh, you know, he will be missed.
You know, he was one of the downtown business owners that, uh, always greets you with a smile. um you know, just is so great to be around and he'll be missed. Um
one of the things that that I'd like to to to talk to you about, I um we have great staff. I think this this um this storm the last couple of weeks
proved how great our staff is. Uh and I think we all have said we would put them over any other staff uh city staff uh in the nation as far as I'm concerned.
But over the last month or so, I've gotten a lot of calls from u other municipalities uh the county and even state for that matter. Um,
we have been interfering interfering in places that I think that we I mean we as commissioners have been interfering in places that I think that uh staff uh is is more apt to deal with.
Uh we have secondguessed staff on numerous occasions. I think to the point to where I think staff is a little anxious, a little nervous to make decisions. Shame on us for doing that. Um, we say
we have the best people around. Let's let them do their job. U, let's not second guess. Um, when we come up with with questions, It's not the first time that question
has been brought up. U so I I just like to say let's let them do what we pay them to do. Uh let's let them do what they're good at. U and I think we all know that they know more about what
they're doing than we do. So that that was uh that was it for me. Um, there was one other thing, but I think I took care of that. Um,
I just I want to say I appreciate the uh Tom and Miranda. Uh, you guys have been on the spot uh this last couple of weeks. Um, and you've been doing what
you needed to do without letting the rest of the city fall behind. Um, and I appreciate that. And and I'm pretty sure that everyone else up here does as well. Um,
we got a good team. Uh, we got a really good team. Uh, and I appreciate it. That's it for me. Tom. >> Um, >> I always forget Tom. >> Well, I >> I'm good. >> I just wanna I just want to thank
everyone uh related to um protecting our citizens, related to our uh storm event. Thank you, of course, to the the folks on the front lines like police and fire and public works uh responding so well, protecting
people. But it's also been um you know it's the finance department related to insurance claims. Uh it's our administrative folks who are trying to be responsive to our citizens who are having issues. And so it's I want I just
thank everybody. It's really been a team effort and uh really appreciate the way our staff has responded. And uh that's all I have. Thank you. >> Madam Attorney, you sure? >> All right. Thank you. >> Okay. Willie, one more thing. I I think
we should give kudos to Life Point Church. >> Yeah, I agree. >> They always step forward, step up to whatever our needs are. >> And and I also would like to appreciate um Pastor Renee too because of what they're doing in the community. So when we have churches and we have so many of
them and we have two who are really coming out and doing what needs to be do uh what needs to be done, it it's we should recognize them and Life Point has never failed us. So, I think it's important we recognize that. >> I I agree. You know,
Pastor JP, you know, he he's always there. Of course, >> uh Pastor Renee, there was and Mike, I think you know this, there was uh a lady that needed to be re reunited with her her husband. She passed away
like two years ago. And uh there were other arrangements being made and the city stepped in uh uh in in a great way and she was reunited with her
with her husband. Uh but Pastor Renee came out and someone that she never met. So we're good. We we we're just surrounded by great people. So, um, okay. I think we're done.
>> Oh, here it was. a jury.