at 5:31 p.m. this time we'll have our invocation followed by the Pledge of Allegiance Pastor Alder J from Mount Mariah Missionary Baptist Church dear Lord God is The God Who professes love that is unwavering we thank you oh Lord God for you being God and God all alone we come oh Master asking of your blessings to be upon this city Commissioners meeting we pray for our commissioners give them strength give them wisdom give them knowledge your of your guidance oh Father and we do note that if you guide and Lead things will be Peaceable lovable and in favor in your favor we pray for our may as well oh Lord and father we pray for that your presence will just har Hoover over us so father just be with us oh Lord we ask these sweet blessings in Jesus name amen allegiance to the FL of the United States of America to the Republic for which it stands one nation under God indivisible with and justice for all thank you prior to our public commentary I will read our Proclamation for today then we'll come back to public commentary Proclamation uh whereas Dating Violence is a reality for many young people and an issue that many are unaware of and whereas one in three young people are affected by physical sexual or verbal Dating Violence with one in five in a serious relationship reporting having been slapped pushed hit threatened or cused by a partner and whereas breakups can be a time of even greater risk when a relationship was never physically abusive and whereas young people can choose better relationships when they understand that healthy relationships are based on respect and learn to identify early warning signs of an abusive relationship and whereas elimination of Dating Violence must be achieved through cooperation of individuals organizations and communi and whereas Dating Violence Awareness Month provides an excellent opportunity for citizens to learn more about preventing Dating Violence and to show support for the numerous organizations and individuals who provide critical advocacy services and assistance to victims and whereas the board of City commissioners of Lin Haven Florida hereby urges all citizens to be aware of and to talk to their teenagers about Dating Violence now therefore I mayor Jesse Nelson and the city commission do hereby Proclaim February 2024 as daing violence awareness month and witness whereof I have here to set my hand and cause the C of the city of L Haven to be fixed this 27th day of February 20124 I believe we have a representative here to receive this all right this time we have our public commentary please keep in mind our rules for the Quorum um raise your hand be recognized by the speaker please address all your comments to me don't forget to state your name and address for the record all right who's first first up here Parker red place I don't know why it's not on the agenda about the chief Ry situation but I'm going to talk about it anyway when you have police officers especially a chief of police who have abused their power and erod public confidence in law enforcement it makes the job of good police officers unsafe Reckless and unprofessional behavior displayed by Ry has resulted in a lack of public trust and the only way to restore that trust is by removing Chief Ry that the audience please refrain from clapping thank you when Remy stood before this commission most of you and lied about the vulgar text message you the commission did nothing but put a oneline reprimand in his file without even mentioning what it was for this mis Gainer is a dereliction of your part as well the lack of communication since 12:30 has been Reckless and gives the appearance of a cover up what does the commission think of the lack of Comm communication with you guys what do youall think the elected officials you are the bosses of Ricky Remy and of Vicky gamer both of you mayor Nelson you stated you move public commentary to number three so the commission could respond to Citizens comments I ask you live up to your statement and respond isn't it a crying shame that you have to hear from a third party about his Reckless Behavior Unbecoming of a police officer I asked that you the commission not be intimidated and carefully consider termination of Chief Ramy thank you again we ask that you refrain from clapping thank you Mr Walker C Moore on amher street and also with the beacon of Bay County Florida Facebook page um just wrote out a few things um I'm here to offer a few points of view regarding Ricky Ramy and his continued employment with the city of linh Haven this is a police chief who has Dishonored the badge multiple times he has also violated the city of Len Haven employee employee handbook policies the employee handbook States an employee can be fired at any time for any reason the handbook further reads all employees must conform to ethical and legal standards to abide by the law and to preserve the city of lenh Haven's integrity and reputation failure to adhere to this policy may result in disciplinary action up to in including discharge from employment Ry didn't even have to break the law to be fired this man has fixed tickets for his friends and acquaintances he helped quote set up a woman for arrest because she was inconvenient for his good buddy Michael White I believe he is responsible for other false arrest of innocent people he called the partner of a sitting lyh Haven City Commissioner B names that I can't even say out loud because they're so disgusting for that he got a letter in his personnel file he interfered in the mayor election 3 years ago a race between Jesse Nelson and Ellen fields that is against State Statute and employee policy all of this has been outlined at length on our Facebook page um there's proof and also text messages or I wouldn't be saying this in the latest Ry was caught on a widely viewed video which I hope some of you have seen leaving a bar in the we hours of the morning about 3:30 in the morning he had a parked car and left the scene without immediately exchanging information he did later when he was tracked down he is currently set to be arranged for that on March 8th according to an employee handbook employees are expected to adhere to acceptable business principles in matters of personal conduct and exhibit a high degree of personal integrity at all times in both your business and personal life you must refrain from any behavior that might be harmful to your co-workers or to the city of linh Haven or that might be viewed unfavorably by the current or potential members or by the public at large what do you think about this latest incident whether you're on duty or off duty your conduct reflects on the city of lenh Haven that's directly from the employee handbook you all don't think you have cause to fire Mr Remy after all this plus his hit and run caught on film if you're worried about lawsuits which we've heard you should be worried that past employees who have been fired and ones in the future will file their own unlawful termination lawsuits if you continue to employ Ricky Ramy under these circumstances and this outline of mine would be exhibit number one this commission has the power to suspend or fire chief Ry because um the city manager serves at your pleasure and if she won't do her job then you should fire her again if we continue with the Clapping I will end public commentary and move on with the commission meeting I'm not trying to silence the people we have rules for the Quorum if you don't follow the rules I will end public commentary and move on with the rest of the meeting if you continue to disturb the meeting we will remove public commentary Call it to order thank you see you later sir that's not clapping that's giving me the finger so yeah so if that's what if that's how y'all want to act all right Mr Walker public commentary just a walk your time uh Rich Walker 1106 Michigan Avenue uh I'm addressing the Commissioners uh uh but behind my back uh people do not clap um and let me be clear he was not removed from clapping he was removed for giving me an explicit remark so that's why he's removed we're not going to tolerate that here I respect you all we just ask for respect please sir please sir don't interrupt me I have sir I'm not interrupting you sir would you like I will give you your three minutes back but got okay I'm I'm making a statement so listen we're saying that I'm not removing anyone for clapping he was not removed for clapping he was removed for making an explicit gesture we're not tolerating disrespect I respect you all we're demanding the same so you all are coming here wanting us to listen to what you have to about our chief we're doing that but we're going to do that with decorum in a very respectful way this is still a city business meeting okay this is not some country club meeting this is not some other social Gathering meeting this is still City business and so we're going to handle it in that way I'm going to respect you all I haven't interrupted anyone you came up here made your statements all I'm asking you to do is to maintain the Quorum and that we not interrupt with clapping and such that's what I'm asking to do or we will stop public commentary making it clear that he was not removed for clapping once again Rich Walker 1106 Michigan Avenue it appears here over the last week two weeks three weeks and maybe two months that we have a failure to communicate you putting yourself in a box again citizens of Bay County have more information on the possible incident that happened between our police chief and our citizens the incident occurred December of 2023 it was not reported to its employer his boss until February 20th or so uh this is a speculative date because his boss the city manager might have been notified and failed to notify the Commissioners it is also noted that he failed to notify them of a medical condition that could impede his duties as the chief the Commissioners cannot address this issue because the HR department the deputy city manager says the incident did not happen on city property did not happy on the city time did not happen when he was in the uniform and not operating as a chief and was transparent against city was not transparent or against City policy it appears the Commissioners don't have all the info they're waiting and they cannot have jurisdiction over a city employee the citizens however more or elected officials and some of the staff have a problem here you have a problem here's the answers if you have a problem come up with an answer make the Lin Haven Police Chief an elected position that gives him a direction of the election of the people who are the governed they should be in charge this will not remove any official positions the city manager has or remove your Empire anything from your Empire policy put the policy that the HR division has said he did not commit on the problems make them so it's on the policy directives within the policy of employing an employee so that you can address this issue as you're supposed to you are our elected officials we are not responsible for seeing the city manager over this this is your job you should dress up to it find out all the information and keep the people informed again communicate with us we knew more about it than you did thank you very much yes ma'am hello my name is Judy Tinder I live at 504 Virginia Avenue in ly Haven I do appreciate the opportunity to voice my opinions I'm not concerned or even care really how many tickets Chief Ry received for his hit and run on December 30th nor do I care how many fines he has to pay as long as he's paying them himself and not the city doesn't even matter to me how much he's paying his attorney my guess is he's calling in a favor uh what does what does matter is the example the city is showing to all of those who are counting on you to do the right thing Chief Ry has made many choices that reflect his lack of integrity and honor as a city employee that the residents of Linn Haven have assumed he possesses a man of honor and integrity would have come forward at the time rather than hide his actions from the public he could have gone to his boss Vicky Gainer and asked her to put him on leave while he checked into a rehab facility to rid himself of his drinking issues that are desperately in need of Correction this would have displayed Integrity for all to see and all the other officers that take their lead from Chief Ry thank you thank you yes sir good evening my name is Mitch Oakley o a l y 128 Massachusetts Avenue here in Len Haven i' like to speak to a couple of issues first I've been it's eloquently been say I'm not going to speak directly to the chief is it's getting enough air time I would say that you as the board closely resemble what I had to deal with in a Navy this would be a captain's mask when I sign my oath as an officer which is different from the enlisted person I signed an office an officer the crime I could not commit failure to show due diligence that's the crime that I could not commit that's what you have to do in a person who is elevated like a chief does it meet that criteria secondly I want to remind everybody including the audience and everybody that's involved with this every time we get angry the one thing I learned about anger is that it cost us about 20 IQ points puts most people near the Emile level and they get angry the last thing I want to mention is the uh the resort Marina that we're looking at putting in I had more heartache with the parking situation for what everybody in my neighborhood calls the Obama Factory when it was doing the insurance it was horrible for my neighborhood ruined the roads nearly killed me I pursued one person down to the place of work and you know what I got greedy when I asked to speak to HR I got a gun tote Federal Officer tell me I could leave now at gunpoint so make sure that what you do make sure that it it keeps in mind those of us that really like peaceful good place to live thank you and I hope you have really good luck making these critical decisions thank you yes ma'am Christy maroy Port St Joe and Tallahassee and of course grew up in B County the position of the chief of police needs to be a position of having the highest standards of excellence that should be an expectation for any and all chiefs of police all elected sheriffs and all state attorneys we count on the highest standards of excellence to protect and serve based on laws we as Citizens are expected to adhere to and follow leading by example as it pertains to the highest standards of excellence and enforcement of our laws cannot be ignored due to entitlement or averted due to position of power because that is the first step in a crumbling of our democracy and our Republic Law and Order is the very Foundation of a productive Society anything opposite of high standards of excellence from our law enforcement and the rule of law leads to Anarchy failure to hold law enforcement accountable for unlawful actions is a failure to All American taxpayers and it's just one we can't simply afford I'm asking you as a commission consider the standard of Excellence consider the morale of your Police Department consider the vibrations through all law enforcement not just here but in the entire Panhandle what are your expectations hold these people accountable thank you additional public commentary yes sir thank you mayor po Bishop 8123 South Lagoon Drive I'm chairman of the Bay County Republican Party um I'm here not to criticize you as a commission I recognize the difficulty of local government you have to make decisions every single vote there's many people upset people that are not you guys came into a very difficult situation L Haven was facing a number of problems and yet Chief Ry has brought a dark cloud back to the city but thankfully that dark cloud has a silver lining you have the opportunity to demonstrate that this commission has the ability to hold accountable City officials that have failed their Duty to the people I also want come here as an advocate I believe that you guys are getting bad information listening to the pre-commission meeting I was Furious not at the situation but for the way that you as a commission were treated you were told that you can't take action against Chief Ry because of a fear of a lawsuit I'm sorry I have talked to state legislators I have talked to attorneys I have talked to other city managers there is no protected class given to a chief law enforcement officer you can fire him at will and in this case you certainly have will you've also been failed by your city manager and I'm not here trying to say that she should be fired for this decision people can make mistakes and being find at their job stability is important with the challenges that the city has I'm not trying to go there but it needs to be recognized that when she was informed in January that criminal charges were possible possible for your for your chief law enforcement officer that's the moment all of you should have known for you guys to learn about this on Facebook for Bernie Thompson to know more about what's going on Lin Haven than you as elected officials that's not your fault that's your city manager's fault I'm coming to you not here to just derail I come with a recommended course of action I recognize that you don't want to take action perhaps until you can have full access to the public records the 60-day limit I understand is not work well with this meeting what I will ask though is for transparency with the city you got question move to add to the next meeting agenda a vote of no confidence on the agenda that gives you access to all the information that FHP has delivered it sends to these citizens that you have a firm date where this matter will be considered with the seriousness that it deserves and then let that play out now also I want to say though is that whether or not Chief Ry is fired or not should come down to whether or not criminal charges come in place that is not the standard by which this city or any great City should hold its chief law enforcement officer that's that whether or not he committed a criminal crime by the video that's been released by The Civil citations that he has agreed to he has shown himself not fit for the office he deserves the the police officers of linh deserve better the citizens deserve better you guys deserve better thank you very much for your service there's no public commentary yes [Music] sir evening mayor city manager Commissioners just like to read something that you guys together disruptive behavior shall not be tolerated no person while attending a meeting of the the commission shall engage in activities designed primarily to disrupt this meeting this shall include but is not limited to disruptive hand clapping foot stomping booing cheering operation of noise making devices fighting or brawling arguing or other similar disruptive or distractive activities what you see here today is a direct result and I'll say it like this of you guys not enforcing your own rules hand clapping foot stomping you have the police department back there use them American call for a point of order remove them well see this didn't just start now this has been going on for quite a few years now this time is Ricky Ry is the is the the Target now but if you notice in a lot of commentary it always goes back to Vicky Gainer or the mayor but see when you start the old people say when you play with a dog he'll lick you in the face you don't put a stop to it this has gone on for years and years I know I've been coming out here two three four years and a certain group of people a certain class of people have consistently been the disruptive influences in this chamber you have to stop it at some point now I'm not saying that uh what Mr Ry is uh accused of is is right wrong or indifferent that's for the uh the court system to paral I guess and as a result of that you guys have a decision to make but when it comes down to this chamber you guys hold a key no three strikes in you're out disrupt the mayor should have to sit hadn't sit there and defend and say well you know he wasn't put out because of clapping he was put out because he gave a obscene gesture see everybody they'll clamor about their first amendment rights until it's them then all of a sudden it's a different thing so you guys set the standard you set the standard you don't let people at your city manager you don't let people come at your maror you don't let people attack or try to impune your integrity as a commission you cut them off where they are cuz if you don't it'll only get worse I promise you it'll only get worse so you guys are are you're the marker you're the standard take care of business stand on business have a good day right thank you for your public commentary yes hi Julie Payne Pleasant Hill Road my name I am not knowledgeable about C procedures and the rules that have to go with commission meetings but when are you all when are we going to know what you guys are going to do listen to the meeting the other morning just can't talk about it we're afraid of a lawsuit I say bring a lawsuit try to bring a lawsuit against us but but when are we going to know when are you guys going to be transparent to us what is going to happen because people either can be in fear I'm afraid of the cops now in town because you're like oh well they might have known we spoke or we wrote an email so are they going to Target us are oh they're all great guys now they didn't like working for that situation we don't what are you guys going to do are you going to tell us what you're going to do thank you additional public commentary moving on to the mayor's report this time I will provide a public statement on behalf of the city and our commission regarding our chief of police situation uh the city is not involved in the investigation or the review VI and has no input into the findings or final outcome while there has been speculation rumors and accusations none of them have been cooperated because the outside investigation remains ongoing the city is aware of the investigation and is closely monitoring its status once the findings are made public the city manager will evaluate the outcome and will take any and all appropriate action based on facts as commiss isers our citizens and Community have reminded us that uh we are their voice and they've elected us to operate in their best interest for the city upon becoming Commissioners we all took an oath to support protect and defend the Constitution of the United States and the State of Florida first and foremost in regards to the situation with our chief of police the 14th Amendment provides guidance on what our immediate action should be as a commission 14th Amendment section one all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state or in they reside no State shall make or enforce any law which shall abridge the Privileges or immunities of citizens of the United States nor shall any state deprive any person of life liberty or property without due process of law nor to deny any person within his jurisdiction the equal protection of the laws according to uh Congress the commentary for the 14th amendment in regards to Due Process Clause provides that no state may deprive any person of life liberty or property without due process of law the Supreme Court has applied the clause in two main contexts first the court has construed that the Clause to provide protections that are similar to those of the fifth amendments due process clause except that government applies to the federal government actions the 14th Amendment binds the states and in this case municipalities the 14th amendment's Due Process Clause guarantees procedural due process meaning that government actors must follow certain procedures where they may deprive a person of a protected life liberty or property interest by the court has also construed the Clause to protect substantive due process holding that there are certain fundamental rights that the government may not infringe upon even if it provides procedural protections So based on the Constitution what act should the commission take regarding our police chief at this time Al though we may have our personal opinions regarding his actions or inactions as officials that swore no to support protect and defend the Constitution of the United States we will give our chief the same rights as every other citizen which means honor his rights to due process for some the this may sound as if the commission is taking no action actually we are taking action which is letting the city manager do her job once the findings are made public the city manager will evaluate the outcome and will take any and all appropriate action based on facts commissioner pees thank you mayor excuse me uh so I had some great uh meetings with different people this week uh regarding the marina Island and then Industrial Park I sat down with um the the family that owns mer back there had great discussion about uh the industrial park and and some ideas they had about Marina Island and things like that so that was really great to be able to to talk to them and kind of pick their brains and and uh see what how they they just want to be good neighbors you know um also had my coffee meet this past Saturday I appreciate all the citizens that came out to that uh thank you very much it was great to talk to you get to know you better um and hear your concerns also appreciate the citizens who took time to email myself and others on the commission regarding the current uh or the December 30th situation with Chief Ry I appreciate those who took the time to ask questions about the processes involve research it and share with me as well of what they found and know that it takes time to follow du process I want to encourage everyone who hasn't to listen to the pre-commission meeting workshops all the way through not just listen to what someone might have said because as we know things can be taken out of context I've done my research uh on this matter I can't speak for everyone up here but I want want you to know that I can speak for myself when I say I've done my research on this matter I've listened to concerns I've reached out to multiple affected parties and I will continue to do so until we find the right course of action that is legally compliant and in the best interests of Len Haven and its citizens I ask that we have patience as there are a lot of moving Parts when it comes to the human resources side and legalities that come along with it I've given my opinions to the city manager on different courses of action and will continue to do so as more and more information comes in I understand that there is a call for Action from some people here tonight and those that have reached out I simply ask that to be patient so we can ensure everything is done with full respect to the law as Benjamin cardoo said due process is a growth to sturdy to succumb to the infection of the least ingredient of error thank you commissioner parno thank you mayor um I met with um the people um at Merck again um Mr tanah Hill and um and his sister um I think right before you did on the same day um commissioner pebles and I had met with him before regarding another another issue about Marine Island um um they seem to be very welcoming to the fact that you know Marine Island would one day be developed right on their back door um and uh it was just a um kind of like we said in the workshop um it's just a question of will will they be heard at the time when the development agreement is made so um you know they've run trucks through at 3:00 in the morning for a long time but when you're running them through a a vast neighborhood it might not be the Chic thing that the residents want want So eventually you can get their their their way of doing business could change um so I saw his point on that um and uh I'm I'm personally U um I'm all about creating a Harmony between the two because we'd love to see the Marine Island actually come to life and and and form the way it's been spelled out but U at the same time we we got to respect who who's there now so um I also had a um telephone conference uh meeting yesterday with the Northwest Florida Water Management District and The Nature Conservancy um and we looked at um um the possibility of furthering um the the ability to get a grant for more research or engineering for um possibly a regional storm water retention at 7 Street um they seem to um they seem to have the wherewithal that they can they could do a land purchase even and they looked at another plot of land in ly Haven um that would help um with some of the issues we have over at 12 in Virginia um with our with our low-lying um sewer um um problems that we've had in the past so it was somewhat enlightening but again it's one of those meetings where um you really want it to come through fres and fast but you don't know if we're going to be eligible or or be able to get anything from from the U from the pot of money that get gets put out there but something to take a swing at I two responded to many emails um I've met with city manager I met with Miss Jennifer I met with Rick Ricky Ramy um I um I want you to know that the the best course of action for the city of linh Haven will will happen and um it's um our city manager um who is doing the investigation and she's she's she's doing her work um and I feel that um at the end of the day um it's going to be dealt with so um I'm going to leave it at that and um I'm going to end my comments and thank you mayor thank you commissioner perno and must say I do like the new 10 for 10 that you have so thank you yeah it's going it's all good stuff going on the menu too yeah so I do like that commissioner Ward yes sir so um I think it was sometime last week I was uh I had the pleasure to attend the Mosley 50th anniversary and uh I know commissioner Peebles and I think the mayor I don't care oh no were you there I can't remember sorry commissioner Vander Griff was there and uh I sat next to her and of course every other person that got up there she's like yeah I taught that person yeah I taught that person you know just about everybody here so um first I want to say um thank you for everyone coming out and and that's typically same speech I say every time a Hot Topic comes up I wish this many people come to every meeting um I would encourage you to come back um I'm always available to speak with you um speaking of which someone had brought up about transparency what we think I had time with the commissioner this past Saturday where anyone come come talk to me at well I had this past one I had at Slim Chickens I had three people show up two that you know typically show up and then one was a new person which was um I was grateful for I always like to see new faces and so we this is one of the conversations that we had we talked a while I'm always available my number is 850 3911 1217 be happy to speak with you on the phone speak to you in person uh what or you know or by email however You' like to uh be contacted but um if you know me um I'm also a person that likes to research quite a bit and I'm very methodical and how I approach things and not trying to toot my own horn not trying to brag but things I have brought to the commission and there have been some things that have been controversial I've always gotten past and I believe that's partly because of how much I research and how methodical I get so I just want the residents to know this is not something we're just up um putting under the rug and we're trying to cover up of course we all know about it and I've have been in close contact with the city manager the labor attorney a lot of different people so um I want people to understand that so again I'm available if you ever want to talk and I think that's all I have thank you thank you commissioner VRI I also attended the 50th Anniversary at Mosley it was good to see everybody from Prince principl to superintendents to students that I once taught it's hard to believe that Mosley's already been around 50 years um as for any comments I think my fellow Commissioners have said said it all we take this situation very seriously uh we've been doing our due diligence and um I'm sure that uh we'll come to a decision from the city manager that will be uh communicated to the citizens one said how are we going to know well we'll make sure that you know as soon as we know thank you st the manager so things are happening that we're doing uh just continually to be in the community before we get started Daniel would you come on and um ask if there are any questions good evening are there any questions on the L today sorry I didn't ask earlier what was the 303 who was that to that was a piece of equipment called the Alpha Eagle it's it's a it's a big giant U piece of equipment I think we showed a picture of it a couple of weeks ago okay doing the ditches I just didn't recognize the purchase name okay thanks else thank you thank you Daniel so we will be partnering with Len Heaven Elementary School for Spring Fling and U we're probably going to allow them to paint canvases to promote art so one of the things we have tried to start and we will start is a uh the sports direct will do a uh adult basketball league over the ages of 38 so if you're over the age of 38 and you want to do an adult basketball league surely can go and signed up for that um uh on that note we're going to start back our tree giveaway we got off course because there was a rain event that we had so we're now going to get back and get getting our trees give away and so if you want to check with Tai Ferris we will have one coming up on March 2nd and that's going to be at the sports complex um we also you'll see the the dishes being clean as the crews start to get out uh get the city clean up from so much rain and other things that have happened so you'll see them clean up rideways and dishes for the next couple of weeks here there is some interest and I think that this will be something that many residents have asked about about connecting the Rails to Trails at the um Ray Wishard trail head in so we are working with uh County and fdot to see if that might come to tr frish and and that will come all the way back to the sports complex so we're hoping that that will happen um as time goes on March 9th is opening day please come out and support our kids as we normally do and then um finally we will will be partnering with the Major League Baseball and Alumni Association to run a camp um for our kids so please keep up with what's going to be happening there um many other things we did attend um the mayor and I actually attended uh coach Winston Chester outdoor education center Grand Opening it was pretty awesome there was so many people there and it's been a long time coming but it was great to see that happen right here in the city of L Haven that's my report mayor City attorney um no big report I think you guys you know covered everything appropriately I will say we have uh working with Charles van Adder the um State Office of flood pla management it's come to the city again and this happens every several years where we've been going through the ulc and updating our flood plane uh regulations basically I think we're supposed to bring that back in in April um the state has a consultant you kind of work back and forth with them um on the ordinance updates we've started that process with Charles in our office so it'll be a big yeah it's big get ready to read if you really want to dig into it but we'll be updating our our flood plane regulations coming up and um I did shared some documents with the mayor um regarding uh what article two um so we're going to be bringing that back you hopefully next meeting or two before we move on to the next chapter when we talk about our um your meeting policies thank you uh consent agendas just approving the regular meeting minutes for 21324 there a motion for this motion to approve second motion by commissioner perno second by commissioner pebles city manager commissioner p yes commissioner Peebles yes commissioner work yes commissioner Vander yes mayor Nelson yes motion passed moving on to our quas judicial public hearing opening the hearing at 6:18 p.m. this isn't like our traditional quasa judicial this is basically a creature of the ordinance that was created that granted this um tax exemption and in that ordinance it said if we're going to revoke it we have to give the um the owner an opportunity to be heard and right to counsel and all that sort of stuff so I mean having said that has anybody had any ex party Communications with you know the owner um leing up to this no no no no city manager is going to read the um the ordinance but just for background we've talked about it several times there's a a tax exemption authorized by the State statutes we adopted it several years ago every year annually that owner is supposed to give a certificate of compliance um the building is basically you know going away getting shut down liquidated so they no longer qualify for that exemption and so to follow our prior ordinance we've got to adopt a new one to repeal it ordinance number 1165 an ordinance of the city of Lin Haven Florida repealing ordinance number 1080 granted to acmt South LLC for certain avalor tax exemp exemptions for failure to meet the criteria for such ex exemptions and providing an effective date check and see if anybody here anyone here for acmt waiting we're seeing if there's anyone from the actual company here to speak oh there's no one here if not I would just hear I know I think Ben's when brought it to us but if you just want to present a summary so they can you basically have that on the record before they devote good evening back in 2019 um the city commission approved a tax abatement for actt where basically uh back then uh the city Commission decided to give asmt a tax exemption for 10 years um part of the deal was that they would have to create a certain number of jobs and then they would have to make certain improvements to the property um over a certain period of time um they did not meet or fulfill their their promise and um therefore today we're at a point where um we're simply revoking the tax statement um we have to do this as part of another ordinance um so it doesn't just simply it will sunset in 10 years but if we want to remove the tax abatement prior to the sunset we would have to pass an ordinance in order to do that are there any questions any questions for Mrs Yankee comments from the public V Walker 1106 Michigan Avenue I hope that you all read the letter that I sent you I failed to copy the City attorney but there was not there was not an annual certificate or report sent all of them were filled out on January 2023 I wanted to make sure that you aware of that do we have a total figure that's coming back to us it's a little bit over $34,000 if I'm correct yeah thank you very much any additional public commentary is there a motion from the commission to approve second motion by commissioner work second by commissioner perno C man if you call the vote commissioner work yes commissioner perno yes commissioner pees yes commissioner vff yes mayor Nela yes motion passed closing public hearing at 6:23 p.m. a Judicial public hearing open at 6:23 p.m. again judici so if any of you have had any extra party Communications with the applicant which is this is one is Bay County the applicant I've had none no none no you're going to testify if you're raise your right hand can you sort to tell the truth the whole truth and nothing but the truth this is a development order application for the M Branch Drive connector the applicant is Bay County Public Works and we do have representation from Bay County here tonight we have Keith Bryan if you have any questions uh the location is uh the M by you Terminus at Shore View Drive East to the new Titus Road connector this is going to be a new road that is going in the project area size in total is approximately 8.12 Acres 5 25 acres of that are within the city of Lin Haven the future land use map designation on that property the city portion is tnd traditional neighborhood development it is not located in the CRA the project engineer Bounty public works plus uh gamala engineering Inc and the reviewing engineer was Chris short from dubury who cannot be here tonight but he has sent representation if you have any questions of the city engineer the project is the construction of a new Bay County Connector Road and the Planning Commission recommended unanimous approval on March 7th 2023 so this went to the Planning Commission but then we had to wait until we had all the necessary permits in hand before we could bring it to you and we received those permits just a couple of weeks ago so it is now coming to you uh this map this aerial shows you the location of the road the red arrow is pointing to that um you can see there's enough room there for the roundabout and then the road that goes from the West to the east so that is the um that's a location and that's the North Bay Haven Charter Academy that you can see there on the right hand side uh the athletic fields and the uh big pond and then um to the north of that is where those new apartments are being built and this was one of the um requirements actually was that those apartments because there were so many of them if you remember that they have a second access Ingress egress and that Ingress ESS will be coming out onto the new roadway so that's going to be very helpful to the people that are already living in that area there no buou uh and this is the the plan the site plan of the road thank you any questions for Miss Amanda just to be sure miss Amanda I'm sorry if I may um this this will be roundabout kind of like behind the school near mil Bayou and then it'll go east and it'll connect with the Titus road is that is that correct or the or the Titus Park yeah it goes through that the development that is being developed in the county and then eventually it comes out on to um that 2321 is it that road that comes out across from um Titus that leads to 231 camera do you want do you know what I mean um well this this this is a connector to this connector shows this oh this doesn't have a point a a laser on it but it connects into that development there that's on the East and that development has a road that brings it out onto Titus okay and then just and I don't know they're I'm not trying to tie anything together but we've been getting emails from people in milb about their something about street lights or something now that we have an aerial here can can someone explain to me what's going on with that because yeah we can we can update you I I don't know if you want to finish the yeah one has nothing to do with the other so if you want to finish this then I can jump in I'll okay because St you I think I don't I don't know about the other Commissioners while we're while we're in the sunshine I'm kind of wondering what we're setting up or what the outcome's going to be on that yeah I'll update you let's finish this public hearing and then I'll I'll do that if the mayor don't mind additional additional questions for Miss Amanda regarding this item I have a question I don't know if it's one for uh attorney or Amanda but so the county it shows that they didn't have to pay any permit fees is that like an agreement we have between a city and the county or is that like a state law just for my education are you talking about trees are you talking about period on this in our packet so some of this is in the city so when we have a city project we don't pay ourselves the fees um this is a this is a a road um you would have to maybe ask the attorney I think I believe it's exempt I spoke with the um Keith Bryant from Public Works uh Bay County who is here um and he believes it's exempt we just when it's a roadway project whether it's the state or the county or it's ours or it's one of our projects we we don't collect permit fees for that it's a it's a benefit to the city part of it five acres of it more of it is on the city than it is in the county but I mean the attorney can make and I don't I don't remember I talk if it's in the statute or not but yet but she's right I mean that that is exam and obviously we're just approving the segment of County Road in city of Len Haven obviously it goes out of the city and continues on so um yeah that for for the basically a public works project from the county or the city that were to be feed yeah thanks all right any other questions for Miss Amanda any comments from the public Mr Walker Avenue um this goes back to a long time and we we understood the development between going on up there and if the picture could be brought back up again you will see they finally settled on what it is 5 Acres of this is our property traffic survey this connects the developments of Panama City Bay County from 2231 231 all the way to the school the only way out once gets in there is to 390 but there's no other way out 950 Acres out there so I think you better look at a load survey a traffic survey over that that's number one figure out what's going to come across there um this is going to be a County Road are they going to be in charge of the maintenance are they going to be able to make it a County Road it's on our property pebles Commission of pebles correctly recognized they have a permit to take down the trees looked at that you don't know you don't know if they're going to make it a County Road it's going to be a connector Road on our property they'll be given a right away it didn't go through through eminent domain they put in procedures for a development uh a lot of water has gone under the bridge since this first came up developments by Panama City under under Bay County growth of there the non-growth of the area by you with the last and only development we have approved and hasn't been finished still under development phase one is not finished phase two is not even started phase three is not even going and now you're going to connect a road to almost to the school it's going to go to the school and that's the only way out developments they' got to have more than two 3,000 that means two or three cars each you know which way they're going to go they're going to go on that connector 390 and then down 390 and 390 hasn't even been one thank you Mr Walker thank you Mr Brian if you could come so that you can provide some clarity for us on this project thank you Bay County uh started this project several years ago when we identified that we were having a traffic problem on time it was County Road 390 so when we uh County Road 390 was experiencing congestion associated with the charter school the intersection of 2321 at us231 was a high crash side the county was looking for a