[3:52] Is my mic on? There we go. Welcome to the Panama  City Commission for August 25th. We're going to   [3:57] start out with an opening prayer with Reverend  Randy John, pastor of Heritage Bible Church,   [4:03] followed by the Pledge of Allegiance led  by Commissioner Brian Granger. Please rise. [4:10] Good afternoon everyone. Let's pray. Actually, I  was just noticing that threem minute timer. It's   [4:14] good thing my church doesn't have one of those  when I'm preaching. Yeah, making me nervous.   [4:19] All right, let's pray. Father, we come before  you with grateful hearts for all that you have   [4:25] done. And Lord, we are reminded of your words  in Psalm 117:E2 that great is your love for us   [4:33] and the faithfulness of the Lord endures forever.  Lord, we consider those principles as we pray this   [4:38] this afternoon for the uh for the commission for  the things that need to happen. We recognize that   [4:44] government government was intended by you that it  was ordained by you and that its purpose was to   [4:50] administer justice and order and protection.  And so I pray for your wisdom this morning   [4:56] uh this afternoon Lord for each and every person  here for the decisions that need to be made for   [5:03] the things that need to be considered. Uh Lord  we just ask that you would grant your wisdom and   [5:10] your favor in all things and that all of this  would recog would ultimately recognize your   [5:16] sovereignty over the affairs of humankind. And we  are reminded, Lord, that wisdom comes from you.   [5:25] And so we ask for that in Jesus' name. Amen.  Amen. Thank God. You'll join me in the pledge   [5:31] of allegiance. I pledge algiance to the flag of  the United States of America and to the republic   [5:39] for which it stands, one nation under God,  indivisible, with liberty and justice for all. [5:52] Please call the role. Mayor Branch present.  Commissioner Street here. Commissioner Hughes   [5:58] here. Commissioner Lucas will not be joining  tonight. Commissioner Granger, present. Mayor, you   [6:04] have a quorum. You've received the meeting minutes  from August 11th. Do I have a motion to approve?   [6:11] Second. Any discussion? Please call the role.  Commissioner Street. Yes. Commissioner Hughes.   [6:15] Yes. Commissioner Granger. Yes. Mayor Branch.  Yes. Motion passes four to zero. Any additions,   [6:22] deletions, or modifications? Yes, sir. Staff has  a couple. Uh, so item six, Bravo, uh, the first   [6:28] and only public hearing for a proposed gateway  overlay. Staff requested that be removed and   [6:33] tabled until September 22nd. And then item 7A, the  second and final two public hearings uh regarding   [6:42] uh zoning designation of heavy industrial as well  as item 10A regarding discussion of the city clerk   [6:48] treasurer positions uh recommend that item uh  7A and 10A be uh stricken uh without a date to   [6:56] return. Okay. So removal of 6B, 7A and 7 and 10  10 A 10. However, I want to clarify. Six Bravo has   [7:05] the date certain to return September 22nd 10, but  only six Bravo. Okay. Six. Okay. What was the date   [7:13] on that? Uh September 22nd meeting. Did you catch  all that? That was a lot. Let's go. All right.   [7:20] I'll try again. 6B, 7, and 10. You correct. We're  moving 6B, 7 A, and 10 A. However, 6B has a date   [7:28] certain to return of 9:22. The other two does  not. And you're strike. You want to strike the [7:37] which item was that? We're striking 6B and 7A and  10A and 10. 10 A, but 6B is going to be coming   [7:46] back September 22nd. I will make a motion that we  move item 6B to September 22nd and that we strike   [7:54] uh 7A and 10A from this meeting. Correct.  Second. Second. Discussion. Please call the RO.   [8:01] Commissioner Street. Yes. Commissioner Hughes,  yes. Commissioner Granger, yes. Mayor Branch,   [8:06] yes. Motion passes 4 to zero. All right. Uh,  registration for the 2026 Youth Basketball League   [8:15] has been extended through August 31st. Practices  begin in early September and games start later in   [8:21] the month. So, now is a great time to sign up.  Scholarships are still available. For details,   [8:26] please visit the front desk at the MLK Junior  Rec Center. You can register by scanning the   [8:31] QR code on the screen or by visiting the MLK  Junior Rec Center page at panama city.gov.   [8:38] The 2026 Panama City Christmas Parade  will be held Saturday, December 5th,   [8:42] at 6:00 p.m. in downtown Panama City, featuring  this year's theme, Christmas Movies. Registration   [8:49] to participate in the parade opens September  1st, next Tuesday. Those interested in joining   [8:54] the parade can visit panalcity.gov gov for  registration details, the application link,   [8:59] and more. All city offices will be closed in  observance of Labor Day on Monday, September   [9:05] 7th. Normal garbage collection, the blue cans,  will continue that day, and then regular office   [9:10] operations for the city, will resume on Tuesday,  September 8th. Due to the Labor Day holiday,   [9:16] the September town hall and Monday morning  with the manager dates will be rescheduled.   [9:21] The town hall, typically held the first Saturday  of the month, will take place now on Saturday,   [9:26] September 12th. Monday morning with the manager,  normally held on the first Monday of the month,   [9:30] will be moved to Monday, September 14th. All times  and locations remain unchanged. Budget hearings   [9:37] for fiscal year 2027 will be held on September 8th  and September 22nd, 2026 at 5:01 p.m. uh central   [9:46] time here at the Bay County Government Center.  Residents are encouraged to provide feedback and   [9:51] may attend in person or watch the live stream  online on our website. On September 11th, 2026   [9:59] at 8:30 a.m., the city of Panama City will host a  solemn 25th anniversary 911 memorial ceremony at   [10:06] the Panama City Marina. Held in partnership with  Bay County, the Bay County Sheriff's Office, and   [10:11] Tendle Air Force Base. Their ceremony will honor  the nearly 3,000 lives lost on September 11th,   [10:17] 2001, along with ceremonial tributes, including  a presentation of colors, a moment of silence,   [10:24] bell tolling, and a 21 gun salute. We invite  you to join us as we come together to remember,   [10:30] to honor, and to reflect. Business tax  receipt renewals are now open for all   [10:36] businesses operating within the city of Panama  City, including storefronts, homebased businesses,   [10:41] food trucks, and short-term rentals. Renewals are  due by September 30th to avoid any late penalties   [10:46] and potential code compliance action.  Renewal notices are mailed each summer,   [10:51] and businesses are encouraged to renew early. For  more information or to renew, visit the business   [10:57] services page at panalcity.gov gov or contact  the business services division at 850691-4603. [11:07] Panama City voters will have the opportunity  to consider three proposed charter amendments   [11:12] during the November 3rd, 2026 general  election. The proposed amendments address   [11:16] the city's government structure and elections,  the administrative and operational provisions,   [11:22] and updates to modernize the city charter and to  maintain compliance with applicable state laws.   [11:28] We have provided information and reference  materials on our website at panalcity.gov to   [11:33] help voters review the proposed changes and  understand the questions that were appeal   [11:38] appear on the ballot. All right. Uh, moving  into public hearings, mayor, commissioners,   [11:45] item 6A is the first and only public hearing on  the approval of the proposed developer agreement   [11:51] with Zachary Seymour for a property located at 101  East 7th Street with partial ID 200075-0000-00. [12:02] as background information. Uh, enclosing  your packet is the proposed developers   [12:06] agreement which outlines the terms between Zachary  Seymour, the developer, the city of Panama City,   [12:12] Florida, and the city of Panama City's Community  Redevelopment Agency regarding the purchase and   [12:17] renovation of the historic property at 101 East  7th Street in Panama City, known to locals as the   [12:24] Panama City Grammar School. The developer intends  to purchase and redevelop the historic Panama   [12:29] City Grammar School property, which has been in  disrepair since Hurricane Michael, and transform   [12:34] it into apartments and town homes to increase  the tax base and to preserve its historic value.   [12:40] The agreement requires that after closing,  the developer must promptly repair critical   [12:45] elements of the historic building such  as the roof, the windows and doors,   [12:50] bringing the property into compliance with  city codes and the code enforcement order   [12:56] and requiring completion of these mitigation  efforts within one year of closing or the   [13:00] issuance of the permits, whichever is later.  A key provision of the agreement is to help   [13:06] provide financial assistance to encourage the  development. According to resolution 2020623.3, [13:14] specifically section 32, settlement of leans  on page 22 of the policy and procedures for   [13:20] code enforcement. The city manager has the  authority to settle a lean if it is in the   [13:25] best interest of the city to help a respondent  of a code enforcement order sell the property   [13:30] to another responsible purchaser or to promote  the economy in general. The agreement provides   [13:36] that the city manager will wave the current  incurred in fines totaling approximately $374,750 [13:44] and0 in exchange for a promisary note that will  be forgiven after the developer complies with   [13:50] the agreement. Without this financial assistance,  it is unlikely that the developer could proceed   [13:55] with the project. The agreement further allows  a developer to apply for any CRA or other grants   [14:00] available and promises an award of $100,000 under  the current CRA grant programs. Note that this   [14:07] agreement will have to be approved by the CRA  board. The following documents are enclosed in   [14:13] your agenda packet. The developer agreement, the  location map, the proposed conceptual schematics   [14:18] of the future project, and the promisary note.  Uh staff recommendation through the director of   [14:24] development services that the city commission  conduct the first and only public hearing and   [14:28] approve the agreement. Mr. Mayor, this is a public  hearing. If you wish to speak about item 6A,   [14:34] please come forward. Anyone want to speak  about item 6A? Seeing none, I'm opposing public   [14:41] comments. I will entertain a motion. Um motion  to approve uh with the caveat that if the work   [14:48] is not complete within one year comes back to the  commission for discussion. I'll second just so we   [14:55] can talk. Okay. Discussion. Let's go first. You'll  have it. Well, now I thought we made some changes   [15:04] to what was read and on what Jonathan read. We  changed the timeline to a year without the on the   [15:14] on the permits being initiated. There's a a way  when you got to issue that, right? Change that.   [15:22] What what we talked Let me give some background  for the commission. Okay. Is that okay? Yes,   [15:27] please. So, Commissioner Hughes uh did review  it, had some comments, some questions. I reached   [15:34] out to uh um Dee Rowan, the attorney for Zachary  Seymour, and uh we discussed those. Would you like   [15:43] me to talk about what you and I had talked about?  Okay. So, one comment that Commissioner Hughes had   [15:50] was uh concerning the uh timeline and just making  sure it was clear who had to do what and that it   [15:58] really was a year and it wasn't two years. Um so  as as always when you look at things we can reward   [16:06] it and so we rewarded it in a way where first it  says that the project has to be completed within   [16:15] um one year. Now in this agreement there was  specific provisions that said that um for example   [16:23] when the site plan review was submitted the city  had 20 days to review it and u and some I think   [16:32] there may have been one other day period u in that  also our code has provisions that once you have a   [16:39] completed application the city is to review it and  uh and and process it. So, we added a section that   [16:48] says that in the event um when I say we added it,  I added it after talking to Commissioner Hughes   [16:56] and uh Ms. Rowan, in the event the developer files  a complete application is required above and and   [17:04] if the city exceeds a time periods for the city's  reviews, then the mitigation period of one year   [17:12] shall be extended by the numbers of number of days  in excess of the reviewed period. For example, if   [17:19] the developer submits a completed application for  a site plan and the city takes 25 days to respond   [17:27] rather than the 20, then the mitigation period is  extended by 5 days and that was acceptable to uh   [17:34] Miss Rohan and I believe that that was consistent  with the comments that Commissioner Hughes had   [17:41] made on that topic. Yes. So, so Michael, your  your department has to make sure they hit the   [17:46] timelines and I wanted the city to have something  that they had to do because we're asking the buyer   [17:52] to do something as well. So, we all need to  we all need to work together in that and it   [17:56] keeps it moving along. So if if um taking uh the  comment or the the motion where it would come back   [18:05] certainly it would come back if we're and and we  and that is part of the the emotion it would come   [18:11] back if we're in violation or if the developer is  in violation. Would you like me to talk about the   [18:17] um um other grant? We struck a sentence about  being able to apply for other grants. Okay.   [18:25] There is a there was a sentence the developer  may also apply for any other applicable grants   [18:30] available in the CRA district where the  development is located in CRA agrees that if   [18:35] the criteria are met the developer shall receive  the maximum award available. So rather than say   [18:43] um say that statement that the developer may  apply we uh Commissioner Hughes thought why not   [18:51] just strike it because they can always apply. it  is kind of redundant and Miss Rowan said that that   [18:58] would be acceptable to her client. Then we also  added uh that in that same section that further   [19:07] the CRA agrees that the developer has applied  for a redevelopment site preparation grant. Now   [19:15] that is attached that application will be attached  to your agenda for next week because it has been   [19:22] submitted now and that hadn't been submitted a  week ago when this was prepared. So it says that   [19:28] the developer has applied for redevelopment site  preparation grant and the CRA agrees that such   [19:36] application meets the existing uh criteria for an  RSSP grant award and the developer shall receive   [19:46] uh a minimum of $100,000 toward the development  provided. However, nothing herein shall obligate   [19:53] the CRA or the city to award an amount greater  than $100,000 pursuant to the RSP grant. Now,   [20:01] that sentence Commissioner Hughes did not did  did not u did not agree with and so that's why I   [20:09] haven't passed anything out because we didn't have  anything to really but that was also uh talked   [20:15] about. So those were the the anyway commissioner  those are the things that we talked about. I   [20:20] just wanted to let you know we talked about Okay.  Thank you. And the applicant's representation has   [20:25] approved those changes. They're cool with them.  They're you can the changes I think the question   [20:32] is is the applicant okay with the changes that  are read? Well, DD is coming up. My my request   [20:38] for just coming back in a year was just really  more for an update to ensure that we're following   [20:42] the timeline. That's it. Cool. though. Yes, ma'am.  It doesn't change the contract. Good afternoon.   [20:48] My name is Dee Row and I'm here on behalf of the  developer, Zach Seymour. Um the changes that Nevin   [20:55] um and I discussed throughout the day. Yes. Uh  the one uh last change that I had um asked for a   [21:01] little tweak on um was the way it was presented, I  don't know, an hour and a half, two hours ago, was   [21:06] that the award shall be $100,000. And I did not  want to box my client into only getting a thous or   [21:14] $100,000 because in his site um redevelopment site  application, the site preparation cost that he has   [21:23] provided so far is $1.1 million. And the way that  your grant application reads is that the developer   [21:29] can get I think that the award will generally  be $100,000 unless there's exceptional community   [21:35] benefit. Now, you all still might stick to the  $100,000 depending on what's in the budget, but   [21:40] based on the 20% of the site preparation cost, he  would be at $220,000. So, you guys can still stick   [21:47] to the 100,000, but I didn't want to limit him to  an agreement that said shall. So, other than that,   [21:52] I'm fine with all the changes. Um, we went back  and forth with several different iterations.   [21:57] It's just that that one little piece. May versus  shall. No. Uh, let's let me read that one sentence   [22:04] and see if um I know Commissioner Hughes disagreed  with the way or it didn't come out exactly what he   [22:11] was thinking, but let me read it to you. The last  sentence that we're talking about here is that   [22:17] the CRA agrees that the developer has applied for  redevelopment site preparation grant and the CRA   [22:23] agrees that such application meets the existing  criteria for an RSCP grant award. So, so far   [22:31] I think we're all in pretty much agreement. And  then it says, "And the developer shall receive,   [22:37] and you requested, a minimum of $100,000 towards  the development." And then I added, "Provided,   [22:45] however, nothing herein shall obligate the CRA or  the city to award an amount greater than $100,000   [22:53] pursuant to the RSCP grant application. Is that  acceptable?" Yes, that's fine. I think the version   [23:00] I saw before that it had the developer shall  receive $100,000 and that's when I had asked   [23:05] for the minimum of $100,000 language. There's just  been some last minute revisions back and forth and   [23:11] um I think that's why we weren't ready to present  it to the full commission today. Then we we also   [23:16] I'm up for bringing it back. Bring it back.  Most there's three players in this. A buyer,   [23:23] CRA, and the city. And what we're doing today  is trying to get something done and then it has   [23:29] to go to the CRA. They're the final approval. I  don't It bothers me that we're everybody in here   [23:38] that has something in the CRA can apply for this  brand. We're not going to spell out what they're   [23:43] going to get. they're going to apply follow the  criteria, but for whatever reason, we're spelling   [23:48] out what that what this applicant can receive  that's already in writing and approved. Um,   [23:55] and it's what's going to happen is somebody reads  it, going to see $100,000. I'm going to see all   [24:00] the other parts of it and then we're going to  line up. It ain't$100, I need 100. That's my   [24:05] concern. If they all have properties that are  in this disrepair that are on Harrison Avenue,   [24:11] then let them line up. Well, I get it. I get it.  But they he there's no special there's no special   [24:17] uh favor given this guy. Everybody that has  property, not CRA, qualifies for this to make   [24:24] an application under this demo grant. Y is that  that's correct? Right. Yes. I don't have any   [24:30] objections with any other changes. Anyone else  have I don't I mean I I had two quick comments I   [24:37] I hadn't gotten through. Um we know they're quick.  Oh, they'll be I'll try to You had a comment,   [24:44] Commissioner Hughes, about impact fees, and so  this was changed. It says, "The city agrees to   [24:48] work with the developer in good faith to  identify rebate or refund opportunities   [24:52] for impact fees." And then it was added provided  such opportunity is available to other similar   [24:59] projects. So no objection to that being treated  like everybody else. And then finally to to the   [25:05] point that Commissioner Hughes had made that  people we need to make it clear or not that it's   [25:11] not clear but make the point that all that there  are three parties and so we added a sentence at   [25:17] the end that just says this agreement shall not  be effective unless until it is executed by all   [25:22] parties CRA city commission and the applicant. So,  what I'm what I'm hearing is that we're basically   [25:29] saying that yes, we're willing to do an award  of at least $100,000, but the applicant may may   [25:35] put in and request more because of the math of the  program that we're running under the CRA. So, it's   [25:42] not that this this applicant is receiving anything  outside of the the the current program that we're   [25:47] we're running in the CRA um other than just a  a guarantee that they'll get at least $100,000.   [25:55] I don't find that in I'm okay with that. I'm told  that it is um everybody has an opportunity and   [26:02] we're just restating it or is it and making it a  guarantee? Well, as long as you meet the criteria,   [26:08] it's a guarantee, right? Is that your motion?  You want It's not my motion. It's his motion.   [26:13] You know, I I think the the only thing I'll add  is regardless of what the language says or isn't,   [26:18] even if we were committing $100,000 to  save a historic building, I think that's   [26:22] far exceeding the value of what this developer  is is committing to do over the next year. So,   [26:29] I wish Mr. Seymour a fantastic um venture. Uh  we're rooting for you. The community is rooting   [26:36] for you. Uh we're glad to have your investment  in the community. And so, um, just thank you for   [26:42] picking up where somebody couldn't get it across  the finish line. So, um, appreciate you picking   [26:46] up the ball. And let me say, I want this project  to happen. My job as long as all all of ours is   [26:52] to protect the city. And what matters is what's  inside the four corners of that contract. And all   [26:57] I'm trying to do is tighten it up so we don't have  any issues coming back. That's all my goal is,   [27:02] not to kill it, not to make it go away. So, and he  hired a good lawyer to make sure that happens. So,   [27:07] thank you. Yeah. New motion. Were you are you okay  with the changes that I highlighted? That's what   [27:15] you presented originally. Plus, you wanted a year  update things that I spelled. Yeah. As long as to   [27:21] me there were tweaks to what was here's and my  my hope is city is quick about getting permits,   [27:27] developers quick about getting a roof and windows  and all those things on. And the next update a   [27:31] year from now is just, hey, look how amazing it  looks and they're on to their project. That's   [27:36] really what my hope is. Um, I just don't want  to get down a process that we're dealing with   [27:41] something 8 years after the aftermath and  we're still trying to deal with it. So,   [27:46] um, with that, I'll amend to include the  changes presented by the city attorney and,   [27:50] uh, add the addition of just, um, bringing it  back to us a year from now for an update. Perfect.   [27:55] I have a second. Second. Any discussion? I I'll  just add that, uh, Mr. Fuller and Mr. Massie have   [28:01] already started doing some preliminary paperwork  in anticipation of the closing, so we are teed up   [28:06] and ready to rock and roll. Love it. All right.  Yeah. The closing is scheduled for September 9th.   [28:10] Hopefully, we can bring it in for a landing on  that date. This will be back next week. Yes. And   [28:16] we'll be back before the CRA, you'll have the full  application that shows what the site plans are and   [28:21] site cost and those those items. Please express to  um to your client that when they get their plans   [28:26] and everything else together, we would love to be  a part of just announcing to the community what   [28:31] exactly is happening with this historic property.  Sure. Absolutely. Thank you all. Thank you.   [28:36] Please call the role. Commissioner Street, yes.  Commissioner Hughes, yes. Commissioner Granger,   [28:41] yes. Mayor Branch, yes. Motion passes 4 to zero.  Item 6B was tabled to September 22nd, moving   [28:48] into item 6 C, which is the first of two public  hearings on ordinance number 3314, an ordinance   [28:54] amending ordinance 3305 regarding the Panama  City North Community Development District to   [28:59] correct a scrier's error in the legal description.  background information. SE Land Development LLC on   [29:06] behalf of the property owner petitioned the city  to establish a community development district or   [29:10] a CDD pursuant to chapter 190 of Florida statutes.  Ordinance 3305 was adopted by the city commission   [29:16] on June 9th of last year. Ordinance number 3314  is now proposed to correct a scrier's error in   [29:22] the legal description. The CDD encompasses the  12,200 acre uh property owned by CBD Holdings LLC,   [29:30] also known as the Shelton property. The subject  property has a future land use designation of   [29:35] urban community in the city's comp plan and is  zoned planned unit development. The PUD specifies   [29:41] approximately 1,800 residential dwelling units  and up to 450,000 square ft of non-residential   [29:47] use or mixeduse space. A CDD is defined as a  special purpose local government that finances,   [29:54] builds, and maintains infrastructure and  amenities in planned communities. Essentially,   [29:58] a CDD is a special taxing district which allows a  developer to fund roads, water, sewer, storm water   [30:05] management facilities, parks, and other community  amenities. A CDD is governed by the board of   [30:10] supervisors elected by the land owners of the CDD.  The initial board is a developer/landowner and   [30:17] eventually there is a turnover to the subsequent  home purchasers. A CDD has the authority to levy   [30:22] non-advelor assessments that appear on property  tax bills separate from regular property taxes.   [30:29] A CDD consists typically or sorry CDD cost rather  typically include debt service to repay bonds to   [30:36] issue uh issued to fund initial infrastructure  construction and ongoing operations and   [30:41] maintenance cost of the infrastructure. Following  items are enclosed in your agenda packet.   [30:45] Ordinance 3314, the adopted map series, including  aerial, future land use, and zoning maps. Staff   [30:52] recommendation through the director of development  services is that the city commission conduct the   [30:56] first of two public hearings. Mr. Mayor, this  is a public hearing. If you wish to speak about   [31:00] item 6C, please come forward. Anyone here to speak  about 6C? Seeing none, I closing public comments.   [31:09] like to read. Ordinance 3314, an ordinance of  board of city commissioners of Panama City,   [31:17] Florida, a mending ordinance number 3305  regarding the Panama City North Community   [31:22] Development District to correct a scrib's error  in exhibit A there too, providing for severability   [31:28] and providing for an effective date. Mr. Mayor,  item 7A from quazidual hearings was removed.   [31:33] We're now into audience participation. Yeah, this  is audience participation. Um, this is where you   [31:37] get to come forward and speak about any item  related to the agenda today with the exception   [31:42] of 12A. I'm going to open up public comments just  for that particular agenda item. So, if you want   [31:48] to come forward and talk about anything related  to the agenda except for 12A, please come forward   [31:53] and just let us know what you're speaking about.  Maybe you may want to tell them what 12 is. Oh,   [31:57] 12A is the marina construction bids.  Yes, sir. Come on down, Mr. Derek. [32:11] Hey, Derek Thomas, 1100 West 10th Street. Um  12D, the uh $445,000 for design of the Frankfurt   [32:22] walkway. I wanted to find out if there's anything  going on under the ground that's uh would explain   [32:29] why that's so so much. It's basically a straight  road, straight sidewalk next to a straight road.   [32:36] 425,000 seems like a lot. Is there any uh 10-in  water man going down at the same time underneath   [32:43] there? Is there any changes going on underneath  where they're putting the multi-purpose walkway? [32:52] Is that the final question? That that question  is for the design of it is the part of the design   [32:59] designing putting in plumbing underneath the the  walkway. Yeah. We'll answer all the questions once   [33:04] you're done. Is that the final is that your final  question? Well, okay. Did you put it down? The   [33:10] uh the and then the uh the wet slips 11a the uh  they're going to put up $5 million. I think that's   [33:20] great to get it kickarted. Um, but they're going  to take that and and they're paying up in advance   [33:26] their land fees, their rent, right? And then last  year their rent was like $11,000. So how much is   [33:34] So that's what I mean. Is it going to be also  their their taxes, the the amount that they pay   [33:38] in in property taxes? Is it going to be the amount  they pay in in merchant fees? All of their any   [33:46] money that they make at all down there. All of it  paid up to get to that. that item but we're taking   [33:52] your questions and we got them. Okay. Well, that  is that if you understand what my question is,   [33:56] where's the where's the money coming to over  time to come up with that with that 5 million?   [34:02] And if at the end of 50 years they haven't used up  their 5 million yet, do they get a refund for it?   [34:09] Because the uh it seems like that's uh that's a  lot of money and I'm really grateful that they're   [34:18] putting that up. But what exactly are they paying  and moving forward? What are they designing into   [34:25] it with the the plumbing? And if you're going  to open that up later for public comment, I'll   [34:29] I'll be happy to hear that. Um, also 9F, I've had  our construction. They did the the metal roof on   [34:36] my house and I was not at all happy with the job  that they did. So, if you look at the particular   [34:43] materials that they use and make sure you don't  use the cheapest screws that they sell and stuff,   [34:47] that'd be great for all Thank you. Anyone else  want to come forward and speak today? Yes,   [34:52] ma'am. Come on down. Let's make sure we have those  questions to it so we get answered. Mr. Mayor,   [34:59] uh Patty, Sunday 11:15. If I make a comment now,  can I still come back for 12A? Oh, yeah. Okay.   [35:06] Thank you. So, my comment on this one is for the  proposed budget. Um I still am wondering about   [35:12] the long-term debt and the detail is what of what  is comprised in that. Hi. Um, and wanting to know   [35:22] and understand that as part of the proposed budget  and what the interest payment will be and what we   [35:28] spend it on helps me as a taxpayer think clearly  or maybe more clearly or understand the need   [35:36] for item 12A because to me they're both related,  right? If we're looking for creative things. So,   [35:43] I think this is the third time that I've asked  and it probably takes a little while for what is   [35:48] the detail of the long-term debt and what  did we spend it on. Thank you. Thank you.   [35:52] Anyone else want to speak today? Yes, ma'am.  Come on down. Good afternoon. Good afternoon. [36:05] Brenda Lewis Williams, 2748 Drive, 32401.  I I have a 9E and 9F. 9D is included,   [36:14] but it's not clear even on the agenda that was  sent out that we're permitting. Somebody went   [36:20] back and read the city ordinances. I guess you all  got tired of hearing me talk about change orders,   [36:25] but is this 10% that is being permitted? Should a  change order be uh needed? And the wording in the   [36:36] um ordinance is cumulative. So is this they can  only ask for 10% or they can they get the 10%   [36:44] and come back to the to the uh commission for  additional monies if the 10% doesn't satisfy.   [36:50] And that was on which item pardon which  item was that? 9E and 9F 9. Okay. Gotcha.   [36:58] the city the city the ordinance the city ordinance  does allow for the city manager to automatically   [37:05] do 10% if necessary and the word cumulative means  once you get there that's all it is but can they   [37:14] come back and ask for additional funds once  they get that 10%. Still doing change orders.   [37:20] Yes ma'am. Anyone else want to speak today relate  to anything to on the agenda on the agenda except   [37:27] of 12A? Yes, sir. Good afternoon. My name is  Will Owen, 6701 Yach Club Drive in Callaway. Um,   [37:36] this was referring to 11 uh for you uh Mr.  Zimmerman. It's not so much a question,   [37:45] it's a comment, so I don't know if that's um  what we're doing here. It's my first time doing   [37:50] this. So, I'll read from my notes here. Um,  mayor, commissioners, and fellow residents of   [37:54] Panama City, my name is Will Owen. I'm a local  business owner and the organizer of Jetet,   [37:59] the world's largest jetbo gathering. Jetet  is an annual event hosted near the marina at   [38:04] Hotel Indigo. Every year, Jetet brings nearly $1  million in direct economic impact to Bay County.   [38:09] For nearly eight years since Hurricane Michael,  the marina has sat largely unusable. And that   [38:14] isn't just an eyesore. It represents millions of  dollars in lost tax revenue, suppressed growth,   [38:19] and missed opportunities for downtown Panama City.  The mayor raised fair questions in his comments   [38:23] on Facebook the other day uh about city gains,  losses, and gives what we give up in financing   [38:28] discussions. I'm here today to provide perspective  from the front line on what our citizens and local   [38:33] businesses gain when we finally get boats back  in the water. Every year, the number one point   [38:38] of friction for my guests during Jetet uh is the  lack of inwater boat parking and an easy launch   [38:44] and recovery access for the boats. If this marina  is restored with ample transient slips, overnight   [38:49] docking, and efficient ramp capacity, events like  mine can easily double the economic footprint,   [38:55] which is again, it's about a million dollars a  year. More importantly, Bay County is full of   [38:58] boers who are looking for places to take their  boats. And right now, there's no place in our   [39:03] county where someone can dock, step off the pier,  and immediately walk to local restaurants, shops,   [39:08] lifestyle events, hotels. Boers are in a fluent  demographic, and when they tie up at a marina,   [39:13] they don't just buy fuel. They eat,  they shop, they stay in local hotels,   [39:17] and they keep downtown businesses thriving year  round. Regardless of who's behind the development,   [39:22] good development is good for everyone. We're  fortunate to have exceptional developers like St.   [39:27] Joe, who care about creating communities that are  thoughtfully planned, sustainable, and ultimately   [39:32] make the area a better place to live, work, and  play. I think that is what sets St. Joe apart from   [39:36] other developers. They genuinely care about the  long-term success of communities they build and   [39:41] the quality of life they create for the people who  call them home. I know the leadership at St. Joe.   [39:47] I've stayed in their hotels. I've eaten in their  restaurants. I've swam in their pools. And I can   [39:51] tell you that everything St. Joe does is done with  excellence. their staff, the planning and design,   [39:55] and the execution and management is worldclass.  I believe we are fortunate to have such a   [40:00] world-class organization offering to help shape  the future of downtown Panama City, especially   [40:04] with this loan. Uh I believe we have a great  opportunity before us that is going to outlast all   [40:09] of us. As residents of Panama City, Florida, we  enjoy something that only 94% of other US cities   [40:14] do not. We are blessed with the to be situated on  navigable coastal waters and not just any waters,   [40:20] the most beautiful in the whole world. I believe  we should lean into this uniqueness. I believe   [40:24] we should invite everyone to come see the beauty  that we can at times take for granted. Let's work   [40:29] with St. Joe to get this project moving. And when  we join forces to bring this marina back to life,   [40:34] downtown Panama City won't just recover, it will  thrive for generations to come. Thank you. Yes,   [40:39] sir. Thank you. We love Jetboat. I actually  had a friend come all the way from South   [40:43] Florida with his jet boats. We had one come from  Washington State. Love it. I love it. Awesome.   [40:48] Anyone else want to speak today related to  the agenda items? Yes, sir. Come on down. [41:06] George Kather 1702, excuse me, Westby tribe. I'd  like to um bring up a question on 9D for Baker   [41:14] Court. Uh it was unclear to me as to where the  $181,000 is coming from. Uh is it coming from the   [41:21] same type of fan financing that that generated the  original? So I was curious about that. Secondly,   [41:29] um there was a note that said that originally  it was this was part of the West Beach Drive   [41:34] sidewalk improvement project. Um there was a  uh in the design there was a proposal to go   [41:42] down Farland with an 8 in water line and bury it  underneath uh West Beach Drive. This I understand   [41:50] is going to be a storm sewer which was not  mentioned in the original West Beach Drive   [41:55] plans and uh I understand it's going to need  to be uh have a have the beach drive cut up   [42:03] uh to be laid down properly. I I gather  that requires an okay through the state   [42:10] uh to district to break up their brand  new pay road. I don't know. That was   [42:15] uh my question. Uh I also have a question on  12D uh which is the uh Frankfurt uh trail. Um,   [42:29] does it it says here that this is a state  funded project, but I was wondering if this is   [42:34] really a TPO project, uh, which also does also  would involve some federal funds as well. So,   [42:41] thank you. Awesome. Anyone else want to  speak to that? Yes, sir. Come on down. [42:56] My name's Norvin Tibido, 206 North MacArthur  Avenue. First of all, we've had three ways to pay   [43:04] for the city of Marina to get rebuilt. We had uh  back in 2019, right after the hurricane year after   [43:11] the hurricane, we had an NRDA grant that would  redo the boat ramp and the pier that they were   [43:20] talking about building out there. Then after the  hurricane, they uh we turned down that money. The   [43:29] uh the mayor then he he he sent him a letter  telling that he did not want the money that   [43:33] uh to put it somewhere else. But he also said that  we could take and and uh revisit that anytime we   [43:39] wanted. But anyway, that was back then. Then  another way we had to rebuild the marina was   [43:45] we had the FEMA money. We turned that down.  That would have built the slips 95%. We turned   [43:51] it down. So here we are. Then we had $15 million  that we rescheduled to go to the Martin Theater,   [44:00] which that's great. I love the Martin Theater.  I I'll never go there cuz it's going to cost too   [44:04] much money for a ticket. But anyway, there was $15  million. Now we have $5 million that you talked   [44:10] about at I think the last meeting. We was going to  put that in the 50 slips. Now we're talking again   [44:17] about St. Joe going to give us $5 million with  uh with strings attached. That's what I don't   [44:23] like is the strings that are attached. Uh they're  talking about the Uplands having say so under that   [44:29] which in my opinion the Uplands ought not even  be uh built on. We don't need no hotel there. We   [44:35] don't need apartments up there. We could build  a nice green space, a nice little amphitheater   [44:40] around there. Have nice parking for everybody  to go and enjoy. Y'all got to consider that a   [44:45] lot of people in this town don't make a whole lot  of money. I think $37,000 is the mean income. So,   [44:52] uh, when you I I think you need to go on with  your idea of of phases. Take the $5 million,   [45:00] put it on the on the slips for the 50, uh,  boat slips, and then see how that goes,   [45:05] and then go into something else. I know y'all  are in a hurry to get this done, but well,   [45:09] we was in a hurry to get it done, too. We could  have already had it done if we' used that FEMA   [45:12] money to put it back Marina back like it was,  and then we could rebuild off of that. Uh,   [45:18] but anyway, thank you. Yes, sir. Thank you.  Anyone else want to speak to that? Yes, sir. [45:34] 9D. I just have a question. I wonder  why uh why did the city tennis main   [45:44] tennis main line for 614 may probably  knew? Y'all should knew it by heart.   [45:50] She knows. I just wonder why the city even messed  with it. That that water man on Baker's Court.   [45:59] Never had a problem with it. I don't I don't  think that line is I don't think it's a cast iron. [46:11] It's two different two different lines. I I think  y'all should have went Beach Drive first. Did what   [46:20] y'all should have done there with the problem  they have on Beach Drive itself. I just wonder   [46:26] why y'all money could have been saved, not  just on Baker's Court. Uh y'all had talked   [46:35] and listened to somebody. Money could have been  saved in this whole city. Y'all got brand new   [46:40] water lines already in this city. Not nobody  own it, but we're we're paying paying money   [46:47] on something that we already have. Thank you.  Anyone else want to speak tonight? Seeing none,   [46:56] I'm closing public comments. And before we approve  the consent agenda, Johnson, there was a couple   [47:01] questions I want to get answered. Miss Lams had  a question on 9E and 9 F about change orders and   [47:06] 10% cumulative stuff. Yeah. So referencing 9E  for the uh invitation to bid for Project Storm   [47:13] Group I to Marshall Brothers. Uh M Williams is  correct. That was an error by staff. I already   [47:18] have the authority to go up to 100,000. Uh I think  they just did 5% instead of 10%. Which would be   [47:25] 120,000. A little bit over my approval, but uh  I'm fine. Just it doesn't there's no reason to   [47:31] go to 122 or 120. I it's it's fine. But yes, that  was just an error. They did 5% instead of 10%.   [47:38] And then uh in regards to let's see what else  I wrote notes on the other consent item 10D uh   [47:45] funding mechanism fail which one I'm sorry I'm  going to pull 9F off. So question 9D 9 delta.   [47:53] Yes. Okay. Yeah. So that will be uh that'll  have to come out of infrastructure cert. So,   [47:58] um, the original Beach Drive, uh, sidewalk  proposal, we were going to create kind of like   [48:02] an enhanced crosswalk right there at the very  west end of Beach Drive to safely get over and   [48:07] then come up that east side of Frankfurt Avenue  and then create some parking right there. Um,   [48:12] because that project's been delayed. Um, and now  we're rocking and rolling with uh, the Baker Court   [48:17] project. Uh, we're pulling that uh, back in. It  is part of that project. Um, our goal was to you,   [48:23] you know, hopefully utilize a grant, uh, from  the state to accomplish some of this. It needed   [48:28] to be done anyway. Uh, and it would have been  part of the original project, you know, had we,   [48:32] um, you know, uh, not even had the opportunity  for that grant. Um, and just as a reminder,   [48:37] as a state revolving fund project, they don't,  it doesn't really cover any storm water unless   [48:42] there is a direct conflict with a water or sewer  line. uh therefore uh it is not covered in the   [48:49] bulk of the project which is covered by the state  revolving fund. So that's why so there are some   [48:53] some storm water upgrades more on the west end uh  of the property uh of the project rather as you   [48:59] get to Frankfurt Avenue uh and then uh and again  it'll be some parking as well. So can you explain   [49:05] the state revolving fund how the money comes out  and what we have to pay back? Yeah, so uh the   [49:10] state revolving fund is actually a really great  program if you're not aware of it. It's uh from   [49:15] the EPA administered through the state department  of environmental protection. Uh it's a it's a it's   [49:21] a loan. Uh and what they do is they kind of handle  the the prepayment for us, which is awesome. Uh   [49:27] and you know, in the case that it takes a little  bit longer for them to process anything. Uh we can   [49:32] kind of fill in the gap uh with our utility fund,  but they've been really great at uh reimbursing   [49:36] us, often less than 90 days. But the beauty of it  for the city of Panama City is it's a 0% loan. Uh   [49:44] immediately upon the completion of the project,  the state forgives 25% of it. Uh and we've already   [49:50] done probably 80 or $90 million worth of projects  and we haven't paid one penny yet. Uh the first   [49:57] payment is deferred. I think we're looking at  uh next spring, early summer before the first   [50:02] payment is due. So delayed first payment, 25%  reduction right off the top of the entire loan,   [50:09] and then a 0% interest to pay that loan back. So  again, it's a it's a program from the EPA through   [50:14] the Department of Environmental Protection  at the state level in order to help smaller   [50:18] and medium-sized cities rebuild both their water  uh and sewer lines uh and repair any roads that   [50:24] have to be redone in order to repair those water  and sewer lines. Awesome. Um moving on to consent   [50:31] agenda. Yep. I'd like to pull item 9F off, Mr.  Mayor, Commissioners, please. Okay. I do have a   [50:36] motion to accept everything except for 9F. Motion  to approve 9A through 9E. Second. Any discussion?   [50:44] Please call the RO. Commissioner Street. Yes.  Commissioner Hughes, yes. Commissioner Granger,   [50:49] yes. Mayor Branch, yes. Motion passes 4 to  zero. Item 9F is consideration of approval for   [50:56] award of bid PC26-023 for the Trudedale Clubhouse  exterior renovations in the amount of $498,79747 [51:05] to Arc Construction of Northwest Florida LLC. an  approval to enter into the attached contract and   [51:11] authorize the city manager to sign any  and all documents necessary to complete   [51:14] the contract and the project and approval of a  10% project budget contingency of $49,879.75. [51:23] as background information and ITB or invitation  to bid was advertised by the city on June 8th of   [51:29] this year to secure competitive bids for the  CDBGDR which is community development block   [51:35] grant disaster recovery funded through the  department of housing and urban development   [51:39] which is called locally the TREL clubhouse  exterior renovations. Five bids were received   [51:45] uh by city staff on July 31st of 2026. The lowest  responsive bid was submitted by R Construction of   [51:51] Northwest Florida LLC in the amount of $498,797  and47. This project includes but is not limited   [51:59] to exterior facade improvements, additions  of outdoor gathering spaces to the southern   [52:04] and western sides of the building, HVAC additions,  and limited electrical additions and improvements.   [52:10] The following documents are enclosed with  this agenda item. the tabulation of bids,   [52:15] proposed car uh contract with Art  Construction of Northwest Florida LLC,   [52:19] and then a letter of recommendation  from Florida Architects Incorporated,   [52:23] uh the designer of this project. Staff recommends  awarding invitation to bid PC26 Desi Route 23   [52:29] to Arc Construction of Northwest Florida LLC and  executing a contract in the amount of $498,79747 [52:38] and approval of a 10% contingency in the amount of   [52:40] $49,879.75 for a total budgeted  project cost of $548,67722. [52:50] Mr. Mr. Mayor, commissioners, the  reason I pulled this item off consent   [52:53] uh is I do want to notify both the public  and this board that there will be a contract   [52:57] revision that was agreed to uh by city staff  and the contractor and that is the substantial   [53:03] completion date will be Jan January 31st of  2027. So substantial completion they have   [53:10] committed to January 31st of 2027. So with  that u Mr. Mayor would uh recommend approval   [53:17] um uh by the commission. Motion to approve  of those changes. Second. Any discussion? No.   [53:24] Excited to see this project move forward. This  is a big deal. Love it. Huge. I just want to say   [53:29] thank you to the contractor for committing  to uh to wrap up no later than January   [53:33] 31st. Please call. Commissioner Street. Yes.  Commissioner Hughes has stepped out. There he is. [53:45] Uh Commissioner Granger. [53:49] How does that work? I don't I believe  Commissioner Hughes. Commissioner Hughes.   [53:58] Yes. Commissioner Granger. Okay. Yes. Mayor  Branch. Yes. Motion passes four to zero. [54:08] All right. Um moving into item 11 A is the  consideration of alternative financing option for   [54:14] the construction of the wet slips at the downtown  Panama City Marina. As background information,   [54:18] the city of Panama City solicited bids for the  construction of the first 50 wet slips for the   [54:23] downtown marine on April 13th of this year. On  June 24th of 2026, 14 bids were received. Approval   [54:30] to award this contract is covered later in this  agenda on item 12A under city manager section   [54:35] uh here this evening. Truest Bank has already  approved the city using a portion of its existing   [54:40] hurricane loan, originally $150 million, to  initially fund the construction of phase 1,   [54:45] which represents the first 50 wet slips. After  several discussions with Joe PCOZ or JOPC,   [54:51] this agenda item offers an alternative funding  option for the commission to consider. The city   [54:56] and JOPC entered into a ground lease dated August  25th of 2020 for a portion of the marina property   [55:03] and JOPC constructed and is presently operating a  hotel and restaurant on the lease property. As an   [55:09] obligation of the ground lease, JOPC is presently  paying participation rent to the city based on a   [55:15] percentage of gross revenues generated by Hotel  Indigo and Harrison's Restaurant. This is section   [55:20] um 2.4 4 titled rent and the ground lease  contained in the attachment C in your packet   [55:25] this evening. JOPC again has offered to prepay  its participation rent in an amount of up to   [55:30] $5 million to fund construction cost associated  with phase 1 wet slips the first 50 slips. If   [55:37] this offer is accepted, the city will receive and  approve invoices from the wet slips contractor.   [55:42] JOPC who will pay the invoice amounts to the  city. The amounts paid by JOPC are considered   [55:48] prepaid participation rent and the total paid  uh will be uh accounted for in the prepaid   [55:54] participation rent agreement. The balance in  the prepaid participation rent account will be   [55:59] reduced by the participation rent payments when  due under the ground lease. When the prepaid   [56:03] participation rent accounts balance is zero, then  JOPC will resume the participation rent payments   [56:09] to the city. As part of this agreement, the city  agrees to provide at its expense the electricity,   [56:15] the water, and sewer services needed to support  phase 1 wet slips and to pursue development of the   [56:20] T do Upland's area to further support the marina's  operations. The estimated cost for this upland   [56:26] work is $3.179 million as addressed in attachment  D to agenda item 12A this evening. The Upland work   [56:33] is planned to be funded by the line of credit  provided by Truis Bank as previously described.   [56:39] staff this evening request direction from the  commission regarding the prepaid participation   [56:43] rent agreement as outlined in the attached and  I'll turn it over to Mr. Zimmerman at this time.   [56:48] Thank you. Uh just a couple of points. I won't go  over things that have already been talked about.   [56:55] Uh but one point to make is that the commission  is already has the ability to fund uh the award   [57:01] of a contract to construct the the wet slips.  This is an alternate or another way of doing   [57:09] that which the St. Joe company through Joe PC has  offered and without and I believe the agenda item   [57:17] request form covered uh well the participation  rent and how that works. There is an existing   [57:24] provision in the agreement that talks about the  fact that um that if this is accepted by the city   [57:33] the St. Joe company through Joe PC has indicated  obviously their interest and the city's interest   [57:41] are aligned to see that a marina is constructed  well and operated well. So they would like to   [57:49] uh enter into a management agreement for um that  would be for a period of 5 years. It would pay   [57:58] um a fee of 3%. No. Yeah. 3% of the gross marina  revenues. Uh they would have a right of first   [58:09] refusal to manage and operate the subsequent phase  that phase two of this would finish out the basin   [58:17] next to hotel indigo and the restaurant. We did  have a we meeting staff talk to PFM and P uh this   [58:26] afternoon. And PFM is the uh consultants that we  used and that you used when we were entertaining   [58:33] a private uh public partner uh proposal for  the downtown marina and they reviewed marina   [58:41] uh agreements throughout the state of Florida  when they came up with their uh projections of   [58:47] of uh cost and revenues. They indic and they won.  They agreed that if the commission accepts this,   [58:55] we have 60 days to enter into a management  agreement. If for some reason that we can't,   [59:02] then uh we go back to ground zero. There's and  we just wouldn't be pursuing this funding option.   [59:10] They would agree, PFM would agree to assist in  that effort. Also they indicated that 3% of the   [59:18] gross marina revenues is actually somewhat less  than what they had been looking at when they made   [59:25] revenue projections. So they felt it was very it  was a reasonable market rate uh proposal that Joe   [59:32] PC had made. There are a lot of specifics to be  worked out in the management agreement itself. Um,   [59:40] but it is um uh I I did a short review of it  there in my letter and it's also in the agreement,   [59:47] but it says that the as far as that we would go  and work it out, but certain terms were listed   [59:55] as that it would include. If we can't resolve it,  then we'd come back and and we wouldn't have this   [1:00:03] particular agreement. But this is an agreement but  it also it has a condition as far as management   [1:00:11] over the uh for over phase one. And Nevin can  you for the benefit of the public explain what   [1:00:19] uplands means on this particular item. Well, there  is on this item uplands and this item uplands is   [1:00:29] really pertaining to those things that would  support the use of the phase one. Phase one is   [1:00:36] 50 slips in the basin next to Harrison Restaurant  and Indigo Hotel. The total buildout for that   [1:00:44] basin will be approximately a hundred slips. So,  it's the Uplands that are needed to support that.   [1:00:51] And there's also an obligation to provide water  and sewer and power to the to support that. And   [1:00:59] there would be an obligation to provide parking  uh things things that like that um that would   [1:01:07] support that. There's no specificity exactly  what all that is. Um but that is what is the   [1:01:14] uplands that it says it would would start working  toward that. So just some points of clarity. Uh   [1:01:21] this is not a renegot. So the the hotel and the  restaurant pay property taxes because it's a 99   [1:01:26] year lease. They pay bad taxes. They pay merchant  fees. And they pay us and what we're talking about   [1:01:30] is their rent. And their rent, correct me if  I'm wrong, is about $100,000 a year because [1:01:38] it's 100,000. We're budgeting 100,000. We have  received more than that, but yes. So if they're   [1:01:46] and so they would potentially be paying our  invoices from construction of the first 50 slips,   [1:01:51] reimbursing us and if their hotel like let's say  in a year suddenly just starts doing terrible in   [1:01:57] the restaurant that does we don't have looming  payments to it only gets that fine only gets paid   [1:02:02] down as they are doing rent payments to us. So it  may take them 20 years, it may take them aundred   [1:02:08] years depending on how well those businesses  do. And we're not carrying this looney debt on   [1:02:13] our head because that's the situation we're  in. If we were to borrow this money, it is   [1:02:18] $330,000 a year of just interest cost to the city  as opposed to just foregoing the $100,000 a year   [1:02:26] of estimated rent. So we're already if you look  at the numbers, we either pay $330,000 a year   [1:02:32] and for this loan or we forego the $100,000 in  rent. So to me it was a I I I like the deal and   [1:02:41] uh the catch is they have to manage the marina  and and they're not when I say marina I mean the   [1:02:46] boat slips. It doesn't change the dirt. That's not  talking about the boat ramp. We were talking about   [1:02:50] managing the boat slips in a marina that would  be half built or fourth built. Right? It's not   [1:02:56] a situation that a lot of people would say, "Oh  goody, let me go stand a team up and work on this   [1:03:01] marina. this this these boat slips and manage  them while you're doing construction of other   [1:03:05] parts of the marina while you're you know having  you know potentially gravel parking and putting   [1:03:11] sidewalks is not no ship store no fuel you know  it's really a scrappy approach to getting this   [1:03:18] we either stand our own team up internally to  manage the marina which I'm really not in favor   [1:03:23] of or we go out and start soliciting bids for  managing this and what they've pitched to us is   [1:03:29] an incredible deal from financing in my opinion  and the and the management. They are a known   [1:03:34] entity that manages marinas professionally and  well and so I'm I'm very excited about this deal. [1:03:42] Yeah. So, I mean I I think from my perspective, I  appreciated the um the amortization schedule that   [1:03:48] was provided to us in our packet. Um $5 million  of 5% interest is basically $400,000 a year and   [1:03:56] over half of that um actually twothirds of it is  interest expense. And um that's over a 20-year   [1:04:03] period. 20-year amortization comes out to 3.1  by the way. Yeah. Interest. It's basically like   [1:04:09] $10,000 a slip, which that's going to be a year.  That's a lot for someone to operationally carry,   [1:04:15] which has always been the tough part in financing  of these things. you've got to get the rest of it   [1:04:20] built before it actually starts making any  kind of substantial revenue. So, you know,   [1:04:25] I understand that some people, you know, have  their thoughts um on one way or the other, but the   [1:04:31] reality is we have an option to not pay interest  and we have an option to pay interest. And so,   [1:04:37] with those two together, I mean, I don't know how  you pick, you know, one different than that. to   [1:04:43] the point on operations. Um I I I think we would  be hardressed and you know I've thought to myself,   [1:04:50] do we go and try to give somebody an opportunity  on 50 slips with the financing and all that stuff?   [1:04:56] But the reality is no one else has a building  down there and it's 5 years. It's forever. It's   [1:05:02] 5 years and and it's at the point where it's the  least profitable it absolutely can be. There is   [1:05:07] no fueling station. There is no ship store. There  is no nothing else. So there's that. Yes, there's   [1:05:13] not even an office there. So I I I mean, frankly,  I think where I'm at with it is like it's it's a   [1:05:20] good step forward. Is this the end result and the  end thing that the whole marine is done and we've   [1:05:26] got everything figured out? No, we don't. But  can we get 50 slips started? Yeah, we can with   [1:05:32] this as it is today. So I would suggest that if  we exercise this option, we revise our budget to   [1:05:40] remove that um revenue from our budget and um and  you know because it'll be going towards a a debt   [1:05:47] payment essentially. No, sir. Is that Brandy? Is  that something that that we in my mind if we if   [1:05:58] this we approve this the revenue has to come in  so we can give it back to them. When are we we're   [1:06:05] giving that all up when we when we it's $100,000.  I'm talking about procedurally not not in effect.   [1:06:11] We we'd have to work through because we would  then also have to budget to spend the money on   [1:06:17] if the money is going to come through us and we're  going to cut the checks to the contractors. We'll   [1:06:21] need to go come back and budget for that anyway.  I think regardless we're using the temporary line   [1:06:27] of credit regardless to to do it because this  is a reimbursement scenario. Correct. Yeah. So   [1:06:34] so we're still we're funding the construction.  The only issue is how does that funding get paid   [1:06:40] back? And what is essentially a years before us is  no upands improvements. They're not asking for a   [1:06:46] condo. They're not asking for anything else. Like  they're just saying, "Look, we'd like our rent   [1:06:52] revenue to go dedicated towards paying that debt  so we're not saddled with long-term debt." So,   [1:06:57] it's a win-win. And um what I'm getting at though  is when we make a statement like we don't want to   [1:07:04] see this revenue in the budget um I think the the  revenue is still going to come as I understood   [1:07:11] it as revenue is still going to come into us.  There's just going to be conduit push back out.   [1:07:15] It's going to come into us as a reimbursement for  the project. We we'll have to work through that,   [1:07:21] but it will it will not come in as  you know the revenue fund type stuff,   [1:07:26] right? And if I understand, you still get your  property all the property taxes are still being   [1:07:30] paid. This is just so there is a lot more revenue  that's associated with these two improvements on   [1:07:36] Marina than even what we're discussing right now.  But the the point that I was making is right now   [1:07:42] it's spoken for in the general fund budget and  this will not be in the general fund. Yeah.   [1:07:47] Agreed. Agreed. It needs to be so it needs to  be removed from the general fund. It it will we   [1:07:52] will remove it if this is passed. We'll remove  it for the tentative budget. There's currently   [1:07:57] $100,000 in the in the proposed budget for fiscal  year 27, but we will need to come back with a   [1:08:03] budget amendment to budget for the construction  um and how the reimbursement and all of that. [1:08:13] Okay. Um all right. So, all your comments,  great. I like them because one of the things   [1:08:22] that I didn't think about up front, we're going  to take that $5 million that would come to us   [1:08:27] all the time. Put it over here. We're creating a  gap. What are we paying that money? Where's that   [1:08:34] money going? General fund, it sounds like.  What are we paying with that $100,000? So,   [1:08:40] I asked Brandy, give me some information. And  that money is designated to parks and wreck.   [1:08:45] Okay. A department that already is, you know,  sometimes on life support with people and all   [1:08:51] that and they're doing the best they can. We  take 100 grand away from them essentially. How   [1:08:57] do we fill that gap back up with what money?  That's my first question. It will be $100,000   [1:09:02] less that we would put in reserves. Oh, what? The  money comes in the general fund. It goes to parks   [1:09:10] and recck. It it doesn't get expensed out of the  revenue. Lost me on that one. Yeah. also because   [1:09:15] you currently have a $1.2 million um budgetary  right you know okay why does it go why does it   [1:09:24] go to reserves people don't parks and wreck it's  assigned for a parks and wreck expenditures but   [1:09:32] we don't we don't I understand what you're  saying because reserves doesn't actually   [1:09:35] exist it's just capital whenever the previous  commission approved the lease with St. Joe,   [1:09:41] they approved it for the participation rent  to be go towards parks and wreck. I think   [1:09:46] y'all are missing each other on Can we Can  we actually vote on the list and then move   [1:09:51] on to that? 21 topics. Do we do we have a  can we get a motion on 11? Well, hold on. [1:10:00] So, St. Joe Company. Mhm. Um, contrary to what  the social media will tell you, they don't want   [1:10:08] to take over Panama City, in my opinion, and they  don't want to own and operate the marina. They   [1:10:13] want us to keep owning it. They just want us to  do what we're supposed to so people will be down   [1:10:18] there so they can we can all have a good time down  there. Um, 0% interest. We already talked about   [1:10:27] one uh we we work with and that's right the state  revolving fund. This is an opportunity to Norman   [1:10:35] Timos. We we had a a grant that we didn't take. We  had a participation of a of a part of of P3 that   [1:10:43] we didn't do and now we got money. Again, we can  do it our way with interest $3 million or we can   [1:10:51] go the other route. To me, it's a no-brainer  business-wise because we get going today and   [1:10:58] we have some obligations on our part. We've got  to make sure that the Upland utilities and the   [1:11:03] Upland lights and and railing, all that's there.  That is not building vertically. That's building   [1:11:08] horizontally. Just so we all understand, we've  got money for that. But somebody asked about,   [1:11:14] "Oh, we should go ahead and just build. We should  have built a marina." That $5 million that we have   [1:11:20] has to go through an EHP process. Could take 18  months. So if we waited and took that money, we'd   [1:11:25] have to wait 18 months to build the slips, maybe.  So this gets us going now. We use that money, plan   [1:11:32] for it, and y'all will know where it's going once  it's approved. We're going to tell them. So you're   [1:11:37] going to know up front. There's no questions. To  me, that's the best transparency you can have. You   [1:11:42] get a voice in it. We ask FEMA, they approve  it, and we go build it. That's pretty cool.   [1:11:48] any other option right now cost you money or um  creates time. And I think we can all agree on one   [1:11:55] thing. We don't want to spend as little money as  we have to, but move as fast as possible to get   [1:12:01] the best product on what I believe is the best  piece of real estate in Northwest Florida. Okay.   [1:12:07] And to your point, sir, a guy leaned up here one  day and said, "Lofers come by the marina every   [1:12:14] day, and we're missing them. We're missing day  day knockers. We're missing overnighters because   [1:12:19] we don't have anywhere for them to go and they  pay good money to come hang out in our city.   [1:12:24] Let's open it up for them. If you don't like St.  Joe, it's okay that you don't like them. If you   [1:12:30] don't like that I vote for, yes, that's okay, too.  But at the end of it, let's all stand on the dock   [1:12:36] and shake hands and have a good time and watch the  sun go down. That's really what I'm after. So, I'm   [1:12:40] with y'all. And we still have another 150 slips  to go. which but we'll have 50 to stand on the   [1:12:45] dock floor. So, so if this this might help in the  conversation. This is just for the general public.   [1:12:50] So, right now we're getting about $900 a month for  slips in St. Andrews. 50 slips. That's $540,000   [1:12:57] a year. What essentially St. Joe has offered to  front the money in advance on their rent for a fee   [1:13:06] uh to manage of point or z of 3%. So, basically,  it's $16,200. that St. Joe would make if they're   [1:13:15] fully leased 100% of the time for the full year,  $16,000, $200, the city would make $500 and like   [1:13:25] $34,000. Now, correct me if I'm wrong, Nevin,  but that money has to marina and come from the   [1:13:32] boat slip rental. It'll go in the marina. Yeah.  And our large land lease requires that money   [1:13:37] be spent on the marina. So if you're seeing if  you're seeing a lot of support that's up here,   [1:13:42] it's because financially there's no other option  that is better than this option. So I like sure if   [1:13:50] somebody else wants to take the next uh the next  30 days to throw something that's a better deal   [1:13:54] than that that you're willing to make $16,200 on  50 slip rentals for 5 years while the city makes,   [1:14:02] you know, 530,000. um and you're willing  to front the money to build all the slips   [1:14:09] um and all of that, then sure, great. But I would  be hardressed to see if somebody's actually going   [1:14:16] to be able to do something like that. I'd like  to see I'll make a motion that we accept the   [1:14:22] St. Joe offer. And here's why. We have 60 days  to also maybe talk about I'm not a big fan of   [1:14:28] the five years, but if that's what we not but  in the 60 days, we can negotiate with St. Joe.   [1:14:34] And if it if we fall flat on our face, we can go  pay 5% and $3 million on FA in interest, but we   [1:14:41] got a way to pay for it. That's the last option we  want. But we have a fallback. So if if we go ahead   [1:14:46] and accept this option today, we got 60 days to  work on it. And I promise we'll keep you updated   [1:14:51] on how that goes. So I make a motion accept that  offer with uh with a 60-day window to negotiate.   [1:14:58] We restate the motion. Brand tell them about that.  He's motioning to accept the offer from St. Joe   [1:15:08] for them to manage or not manage come back in 60  days with the management agreement but for them   [1:15:15] to finance the 50 slips or sooner. We got up to 60  days. Yeah, but that's you know been just the the   [1:15:24] motion is to accept the uh proposal prepayment of  participation rent agreement. In that agreement,   [1:15:30] it allows 60 days to come back with a management  agreement. Yes. If for some reason that doesn't   [1:15:36] work out, then the agreement you just approved  would terminate by all parties and we just   [1:15:44] keep do something else. Thank you. Sounds  good. We have a motion. Do we have a second? [1:15:53] I'll second. Okay. Any discussion? I was about to  jump up and say somebody. No, any discussion. I I   [1:16:01] would just like to add the statement was made  about um you know sta city staff not managing   [1:16:07] the marina. I just want to state as a city manager  I agree with that. So I think it's important the   [1:16:11] public see that both the elected officials and  the senior appointed officials concur with that.   [1:16:16] I think we've already moved away from that. I  think trying to move back uh would be unfair   [1:16:20] and and unwise at this point. I think I think it's  it's also should be said that the staff the staff   [1:16:25] that we had that did manage awesome was awesome.  I think one of the problems is is that they worked   [1:16:30] for the city which when when they needed to get a  uh was it a it was a bait vendor. Um like it took   [1:16:39] them 6 months to get something that that any  business it would take maybe a week to get. I   [1:16:44] would like to see a plan by staff to operate the  marina on $16,200 a year. Yeah. So, all right. [1:16:54] All right. Please call the role. Commissioner  Street. Yes. Commissioner Hughes. Yes.   [1:16:59] Commissioner Granger. Yes. Mayor Branch?  Yes. Motion passes four to zero. Item 12A   [1:17:05] is consideration of award of bid PC26-021  for the construction of 50 wet slips in   [1:17:11] the western basin of the downtown Panama  City Marina. As background information,   [1:17:15] the city through the city's purchasing division  uh solicited competitive bids for the construction   [1:17:21] of the first 50 wet slips through a formal  solicitation bid PC26-021 on April 13th of   [1:17:27] this year and open the bids received on June 24th  of 2026. These wet slips can be constructed under   [1:17:34] an exemption from the formal permit requirement  documented in a letter from the Florida Department   [1:17:38] of Environmental Protection or D exemption letter  dated April 17th of 2024. This exemption letter   [1:17:46] is contained in your packet as attachment A  for your review. After receiving 14 bids, one   [1:17:50] was determined to be nonresponsive as several key  required documents were not submitted as required   [1:17:56] on the formal instructions to biders. The engineer  of record, Terrar Hall and Associates or THAA   [1:18:02] determined that additional information was needed  from the lowest three biders to clarify that they   [1:18:07] had sufficient experience and capacity to complete  the scope of work. The request for information   [1:18:13] was sent out uh on July 24th of this year with  the responses requested back by July 29th. All   [1:18:19] three contractors responded by the deadline.  Based on their review of this information,   [1:18:24] THAA determined that two of the lowest three  bid packages did not satisfy the requirement,   [1:18:29] as stated, a minimum of 5 years of experience  in marine construction to include consecutive   [1:18:36] and active experience of work similar in scope,  leaving HGarters and Suns as the lowest responsive   [1:18:43] bid received. Their bid amount was approximately  3% lower than THA's opinion of probable cost. For   [1:18:50] details of their bid analysis, see attachment C  in this document representing a memo from THAA   [1:18:57] on August 3rd of this year documenting their  analysis and resulting recommendation. Again,   [1:19:03] 14 bids were received. C bid tab in attachment  B in this packet for your review. HG Harter and   [1:19:10] Suns was determined by THAA to be the lowest  conforming bid at a price of 3,616,3565. [1:19:20] This agenda item request is for the  approval to accept this bid and move   [1:19:24] forward with the construction of the  first 50 wet slips in the western basin,   [1:19:28] the basin closest to Hotel Indigo. Staff  recommendation on behalf of THAA Engineering   [1:19:35] is that the commission approve bid PC26-021  to HG Harder Sons in the amount of 3,616,3565. [1:19:46] Mr. Mayor Commission, I just want to point out  that Mr. Todd Terrell and Mr. Jake Jawers of   [1:19:52] uh THA are here with us this evening, the design  engineering firm uh and they are able to answer   [1:19:58] any questions that you all may have. Mr.  Mayor. Yes. Uh, as mentioned previously,   [1:20:02] I'm going to open up public comments. If  so, if you'd like to speak about item 12A,   [1:20:07] please come forward. Anyone want to  speak about 12A? Yes, sir. Come on down. [1:20:17] And just to kind of frame the conversation is less  about should we build slips and more about which   [1:20:22] bid do we choose? Just kind preferences. Yes, sir.  Yep. Okay. Um, well, I'm very glad that you're not   [1:20:30] putting the small boats that you had planned up  there that belong next to the uh um boat ramps so   [1:20:39] that you don't have people trying to launch their  boat and then having to yield every time a boat,   [1:20:43] a large boat comes in or leaves because they would  be small boats next to the boat ramp and small   [1:20:49] boats. I don't know if you're going to give that  up forever. I hope you do and stick with this. Um,   [1:20:55] I'm glad to see that you're you're not at least  laying the plumbing for the apartments in the   [1:21:01] upland area. Um, I don't know about the uh the  compensation though, the your uh document saying   [1:21:13] um if if they're paying up for 308 million  property paying $100,000 in property tax. We're   [1:21:22] only 12 for the construction of this place. Okay.  will um so it's $3 million for the construction   [1:21:33] and the the St. Joe's loaning you 500 5 million  5 million and are you using 3.1 million to build   [1:21:43] this? I'm not sure why you're getting more money  than you're actually using to to build the Good   [1:21:48] question. Good question because in the uh  drawing they have vote lifts and they put   [1:21:55] enough money in there if you when you wanted to  put a boat lift in they're going to pay for that.   [1:21:59] So the 5 million is for the whole thing if you do  put in the uh the sea break that you're talking   [1:22:05] about 50 slopes. What's Okay. So your 5 million  is for the actual lifts and the other ones that   [1:22:11] I was asking just recently that would be better  on the other side next to the boat ramp. That 5   [1:22:16] million is to include that portion. You just  haven't spent that. You're spending the 3.1   [1:22:20] for just these. Is that what you're saying? We  have we're today we are discussing which bid   [1:22:25] we are choosing. That's the only thing that's  the only thing this agenda item is related to   [1:22:30] which construction. So which council thank  you. Would you want to clarify potentially?   [1:22:38] Yes. Uh the uh prepayment of rent is for the  cost of the construction of the wet slips. So,   [1:22:48] whatever is chosen, and it w it is an up  to $5 million uh number because the amount   [1:22:55] was not known at the time that the draft was  done, but it's a uh it will be for the cost of   [1:23:02] the construction of the wet slims. Gotcha.  Anyone else want to speak about item 12A? [1:23:11] Seeing none, I'll close public comments.  Do I uh have any motion? Do we want to go   [1:23:16] bring up Mr. Yeah, I have questions  for THA. Come on down. Yes, sir. [1:23:30] Podium table. Yes, sir. Name and address  for the record. Yep. I'm Jake Joers,   [1:23:36] engineer at Terrell Hall and Associates. Address  3625 Cottage Club Lane, Naples, Florida 34105. [1:23:47] All right. Um, we're going to kind of go into  this a little bit. Um, your evaluation used the   [1:23:54] absence of marina utility experience, shore  power, portable water, that kind of stuff as   [1:24:01] a key reason our marine was not qualified. But  in addendum three, the city was asked to define   [1:24:07] these minimum standards for those exact systems  and the city chose not to do that. Um, so I'm   [1:24:14] I'm just curious when I asked this question last  night. Why were those criteria because it seems   [1:24:19] like those criteria were still used to score the  bid. Correct. Um well, I think it's worth pointing   [1:24:26] out that they were disqualified for two reasons.  The first being the lack of 5 years of experience.   [1:24:33] Um, it's August, so in order to have 5 years  marine construction experience, you would   [1:24:41] have had to start something in August of 2021. The  earliest project they submitted was 2022. So, that   [1:24:51] was one of two reasons they were disqualified.  To answer your question about utilities, um,   [1:24:58] there's two big reasons that we considered the  utilities a big part of this. The first being that   [1:25:03] if you read all of your bids, uh not just the low  three, all of them that were received the electric   [1:25:10] and the fixed stocks are the two big ticket  items. Um with the electric, you potable water   [1:25:17] and fire all the utilities totaling about 35 to  45% of the for all these. So, in our opinion, um,   [1:25:26] with it being such a big component of the cost,  we thought it was important to evaluate when we're   [1:25:30] looking at what projects are considered similar.  Um, we are aware that it is most likely those   [1:25:39] utilities will be subbed out to a subcontractor.  However, if you read the invitation to bid,   [1:25:47] um, there's a requirement. It says the city seeks  bids from qualified, experienced, licensed marine   [1:25:53] contractors uh to provide all supervision, labor,  and equipment required for the construction of   [1:26:00] the slips. Um their subcontractors, yes, I still  think it's important for them to be experienced   [1:26:06] in the supervision of those subcontractors.  Um, we've seen projects go south due to poor   [1:26:14] management of subs and uh, inability to coordinate  those utilities. So hopefully that answers your   [1:26:22] question. That's why we thought that was an  important criteria. So next question for you   [1:26:27] is you scored the Mexico Beach Canal project as  similar in scope for harders. The federal permit   [1:26:34] for that project authorizes only sheet pile wall  at finger peers. None of the three utility systems   [1:26:39] you cited against Art Marine. So, how did you  determine that that project was more similar than   [1:26:44] Art Marine's larger structural marine projects?  So, based on the document that Harter provided   [1:26:50] the city in response to the request for additional  projects, they stated that there was I don't have   [1:26:57] the exact wording in front of me there. They  stated that there was infrastructure for power   [1:27:03] distribution, power pedestals, and portable water  at each slip. Uh to answer your question about the   [1:27:08] Army Corps permit, the Army Corps doesn't really  permit utilities. They look at inwater impacts   [1:27:14] like piles and overwater shading. So I I wouldn't  expect to see the utilities in that document. [1:27:22] All right. Uh last question is your memorandum  still references a sewer pumpout station and   [1:27:29] addendum seven removed that item from the scope  of PC26-021 was the evaluation performed against   [1:27:38] the final contract documents after all the  addend Could you repeat the last part of   [1:27:46] that? was the evaluation performed against all  of the final contracts after addenda 7 cuz it   [1:27:53] removed the pumpout station. So that's  where it's kind of look I both of these   [1:27:59] contractors are great. I mean we're going to  win if we select either one of them. So I'm   [1:28:03] not I don't have a preference either way. But  what I have a problem with is that when things   [1:28:08] show up after other agendas and we're holding  bids and contractors over millions of dollars,   [1:28:15] that's where I I start to kind of question what's  going on here. So it was a pump pumpout station.   [1:28:24] We removed that and then you referenced it. Um  where did we reference that? in your memorandum. [1:28:37] Okay. Yeah, we probably should have deleted  that out of the statement there. So,   [1:28:41] is that used as a scoring criteria? Yeah.  Okay. Thank you. Yep. Any questions? [1:28:52] That was it. Any other pull on the other bids  act? Any other questions? Anyone else? No,   [1:28:58] I mean I I've got a lot of respect for  all the bidders. Um, this was probably   [1:29:02] the most bids that we've gotten on any  project, I think, since I've been here. So,   [1:29:06] I was super excited to see how many people. Um,  at the end of the day, it's taxpayer money. And,   [1:29:12] um, you know, if you got the qualified license,  the bank's willing to bond you. We've got a CI   [1:29:18] that's going to be on the team to inspect the  work. I I don't know how we just go and just say,   [1:29:23] "Hey, let's let's move up to higher biders." Um,  I respect the opinions of everybody that's given,   [1:29:30] but at the end of the day, like we we put we put  contractors through the ringer when it comes to a   [1:29:35] bidding process, trying to keep it level, open  playing field, and um, you know, I mean, the   [1:29:44] bottom line is it's taxpayer dollars. We should  go with a little bit. I agree. Do we want to move   [1:29:52] into a motion or we continue discussion? You want  to entertain a motion? So, Commissioner Hughes has   [1:29:56] asked me to read just a couple of definitions  out of our purchasing manual if that's okay,   [1:30:00] Mr. Mayor. Absolutely. So, um, definition of  a respondent is a person or entity who submits   [1:30:06] an offer in response to a solicitation. Also be  referred to as a proposer, an offer, or a bidder.   [1:30:12] A responsible respondent is an individual or  business which has submitted a bid, an offer,   [1:30:18] a proposal, a quotation or response which as  determined by the city has the capability in all   [1:30:24] respects to formally uh sorry to perform fully  the contract requirements and the experience,   [1:30:31] integrity, reliability and capacity the  facilities, the equipment and credit which   [1:30:36] give reasonable assurance of good faith and  performance. The city may also consider and   [1:30:41] give weight to the respondents previous conduct  and performance under previous contracts with the   [1:30:46] city and other agencies including but not limited  to delinquency and determine the quality of the   [1:30:52] respondent's previous work. City staff may after  bid opening request additional information from   [1:30:58] the respondent concerning his or her ability  to perform and the respondent may voluntarily   [1:31:03] after opening provide additional or corrective  information concerning his or her responsibility   [1:31:09] as a respondent. And then a responsive respondent  is an individual or business which has submitted   [1:31:16] a bid, an offer, proposal, quotation or response  which as determined by the city conforms in all   [1:31:23] material respects to the solicitation which may  include but is not limited to pricing, shity,   [1:31:30] insurance, specifications of the goods or services  requested or any other matter unequivocally stated   [1:31:37] in the invitation for bids as determined uh  as responsiveness. A lack of conformity in   [1:31:43] these matters which is non-s substantive in  nature may be considered a technicality or   [1:31:49] irregularity which may be waved by the city. The  purchasing division will notify any respondents   [1:31:55] of any non-substantive informalities in their  response. The respondent will then have 24 hours   [1:32:00] from the time of the notification to furnish their  requested information to the purchasing division.   [1:32:06] If the opening is on a Friday, they will have  until Monday at 5:00 p.m. to reply. If no   [1:32:10] response as requested is received within 24 hours  of the notification, the respondent will be then   [1:32:16] deemed non-responsive. And a responsive bid is a  bid or a proposal which conforms in all material   [1:32:22] respects to the competitive solicitation. I think  those are the relevant definitions. Mr. Mayor,   [1:32:28] commissioners, thank you. Yes, sir. Do have a  question for you guys. y'all operated under those   [1:32:34] definitions, those requirements. Okay. Yeah.  You'll have to come back to the microphone. [1:32:42] You have to say your name and  your address and give the record. [1:32:47] Like Mr. Henry, she just knows his name  where he lives. He comes here every time.   [1:32:51] You want me to say it again? Yeah. Yeah.  Jake Joers, 3625 Cottage Club Lane, Naples,   [1:32:58] Florida 34105. Right. So you use both of those  definitions. You disqualify them and and found   [1:33:05] reasonable and non-reasonable. Correct. In  in all the notice. Correct. I mean again   [1:33:10] we in the ITB it says they have to have 5  years. We didn't see that demonstrated. So   [1:33:16] that's why we disqualified them. So yes. Were  there any um requests for information that   [1:33:23] u changed any timelines any requirements? anything  that would have um made the disqualified first   [1:33:30] and be qualified. I'm learning about these  things about so I'm asking questions just   [1:33:35] I would have never thought about did did y'all  change any rules along the way or add anything   [1:33:40] along the way in the in the men? So there was an  additional request where the city sent out to the   [1:33:48] three lowest biders a request for additional  project experience. I believe the original bid   [1:33:55] said within 5 years and that extended the  the timeline to 10 years. Good. Thank you. [1:34:05] I don't have any questions. So he said um my  concern is this. We want to now make a decision   [1:34:14] about how to move forward with someone over money.  Not even is it the right person, wrong person? Is   [1:34:24] it we need to make sure we're going to have a  class A project. We had a chance to do this and   [1:34:30] it wouldn't cost us any money and we couldn't make  a decision then. I'm concerned that we're rushing   [1:34:36] to a decision now because of um saving money. Not  taking away from Mr. Bowers at all. It's not his   [1:34:45] fault that he comes in low. It's our fault that  we are having to work off of saving money. That's   [1:34:53] that's where I'm getting caught in here because  are we going to do this entire project this way?   [1:34:58] And it was going to be paid for 100% to Josh's  part. It was going to be paid for. I'm having to   [1:35:03] break out on the last one we had and and it was  zero dollars for us. So that's my angst right   [1:35:10] now. Sure. And maybe Mr. Mowers can um help that.  Well, I I think you said we're going to continue   [1:35:16] forward with this and and I plan on continuing  forward choosing the lowest bid when the when   [1:35:20] the contractor has proven themselves into their  bid and we have stop gaps of their bond and uh and   [1:35:28] all the other things CI to ensure that they're in  plans to ensure that uh we're inspecting the work   [1:35:33] that we are receiving what we've bidded for and I  believe staff is pretty confident that these bids   [1:35:38] uh they can't go back and change their  mind on their price and they're locked in.   [1:35:42] And so I would just ask like what situation are  we what are we saving ourselves from? What are   [1:35:48] we avoiding? What what are we avoiding? Because  the last project, the last presentation was true   [1:35:54] no cost with the exception of 300,000 ft in  the uplands being built. But take that aside,   [1:35:59] what we're what we're talking about now is exactly  the same except we're it's we're we're zeroed out.   [1:36:05] Never mind the upland side. That's the problem  I've got. What what is the situation that we are   [1:36:10] worried that's going to happen if we choose the  lowest bid? It's not about the lowest bid. We're   [1:36:15] making a decision based on we got a recommendation  to do one thing and I feel like that decisions are   [1:36:25] are being made or being asked to be made based on  dollars, not on recommendations. So that's just a   [1:36:33] concern that I have, you know, doesn't mean  I'm going to go yes or no on that. Yeah. Um,   [1:36:37] I I don't have any other questions. I've been  very clear about my stance and I'm I'm ready to   [1:36:41] move forward um with the lowest bid and um I don't  have any questions for any biders or engineers.   [1:36:47] And I'd like to clarify a couple things. Sure.  Come on up. David Bowers, Art Marine. Uh the two   [1:36:56] uh items that uh the evaluation team said we were  disqualified on the first one that we don't have   [1:37:03] five years. That's not what the question was.  The question was supply three jobs within the   [1:37:10] last 5 years. I could have put on the form three  jobs in 2026. That doesn't mean that we only have   [1:37:16] 3 months of business. Then they extended out  to 10. We didn't have to change it. We already   [1:37:21] had our qualifications met. So when they're  evaluating our experience and I again if it   [1:37:27] was only for 3 months, three jobs of like size in  marine construction, we provided that. We didn't   [1:37:34] fail that evaluation. We passed that with flying  colors. We are the most responsive bidder. We are   [1:37:41] the lowest bidder and we should be awarded this  job. The second item when they're talking about   [1:37:47] uh the evaluation, uh unfortunately they they  went outside of that as well. Um the evaluation   [1:37:56] used criteria that was never in the ITB. The  ITB asked for marine construction experience   [1:38:04] during bidding. A bidder asked a city in writing  to define the qualification standard. That bit   [1:38:12] that bidder named fire suppression, water systems,  and electrical. Addendum 3 had an opportunity to   [1:38:22] add that. Addendum 3 did not. The city declined to  add them. The evaluation team used that. Anyway,   [1:38:33] your purchasing manual manual of the city of  Panama City, section 14 says no criteria may   [1:38:42] be used that is not in the solicitation. So,  where did we fail on the two items? Did we   [1:38:48] have experience in five years? Yes. Did we meet  the evaluation? Yes. Any other questions for me? [1:38:59] No sir. I'm your lowest bidder. Yes,   [1:39:01] sir. Thank you. I will entertain a motion.  I'd like to say something. Sure. Come on down. [1:39:12] Hey. Hey. Jacob Harters, HG Harters,  1615 Wahoo Lane, Panama City Beach.   [1:39:20] So there's it's not up to me to uh talk about the  qualifications of Art Marine by any means, but I   [1:39:26] would speak as to the city's position with the ITB  process, not knowing, you know, the ins and outs   [1:39:33] of the purchasing manual. This obviously being  an ITB with an extensive qualification package   [1:39:40] and reference package desired at bid time. In the  bids, I find it curious that the low bidder would   [1:39:47] have just one named reference or qualification  for the three rather than various ones. Um,   [1:39:55] I would perhaps ask questions about that. You  know, from the city's process side, it was deemed   [1:40:03] as you received the bids and studied them to go  to a third party review. So, I'd ask the question,   [1:40:10] you've had the third party review from a credible  source, outside source. Um, does the city dismiss   [1:40:16] that and say that the folks that they hired that  their opinion is not credible, that the city has   [1:40:25] more marina experience than a marina engineer?  Um, maybe, maybe not. I would just ask from the   [1:40:33] ITV process, how did we really review everything?  Um, how are we accepting the third party engineers   [1:40:44] opinion? Um, it sounds like, you know, perhaps  all of that is tenatively dismissed and I would be   [1:40:55] curious if uh if that's what's happening. Mr. B,  could you come on up for me? Come on up. Yeah. I'd   [1:41:01] like you to define uh you know this is different  than private business. This is a governmental bid   [1:41:07] and unfortunately we from my understanding don't  have the option of just picking willy-nilly who   [1:41:12] we think is the has the biggest cranes and the  biggest staff. What's our criteria? How do we   [1:41:18] look at these bids and look at the lowest bid  to disqualify as as elected officials? Well,   [1:41:25] we had a question that was similar to this last  evening to your virtual workshop. You just give   [1:41:29] your title for the public. People might not  know who you are. And God's not the answer.   [1:41:35] Mike Burke, uh, assistant city attorney, 221  Mackenzie Avenue, Panama City, Florida. Is that   [1:41:43] right, Mr. Zimmerman? Okay, my three minutes  is up. I'm sorry. I'll come back later. Um,   [1:41:51] so the question was asked last night. What  What are we Why are we here? This is an unusual   [1:41:55] situation where you've had um something like this  come to you. Um, and the the way I described it to   [1:42:01] you last night and the way I'll give it to you  again is um you are sitting in this isn't this   [1:42:07] isn't a perfect analogy, but it's a good analogy.  You're sitting in uh almost a quasi judicial   [1:42:12] capacity. You have been presented with um a set of  rules um by which we sent out, we being the city   [1:42:20] sent out a request or an invitation for biders to  come back. Um those biders have come back. you've   [1:42:25] had staff come and review that for you, make a  recommendation based on their rules and the way   [1:42:31] they've seen it u based on the the timeline and  the criteria um that are before you and they've   [1:42:37] made a recommendation. Now you're your job just  like you would in a zoning request or something   [1:42:42] like that is to take the the facts and the the  rules and compare the two and determine what you   [1:42:48] think to be um the basis for the determination.  um the evidence was collected, so to speak,   [1:42:55] to put this back in sort of a judicial um  determination. The evidence was collected during a   [1:42:59] certain amount of time period. Um that was um from  the invitation to bid until the bid was closed.   [1:43:05] There was a provision um that allowed in the rules  that said if we've got some clarifications that   [1:43:10] we need to make, we'll ask some additional  questions of folks. You heard that. That was   [1:43:15] um Mr. Jawers gave that to you. And now it's  your determination to to it's your decision or   [1:43:21] job to make the determine based on that what you  believe to to be the the the facts bear out for   [1:43:29] the decision that you want to make. Um and so you  know you can have there there may be all kind of   [1:43:35] different reasons of of why you individually think  this is to be a you know one's more acceptable   [1:43:41] than the other. Um, but ultimately as a body you  come together and make that determination when   [1:43:47] you make your motion and your second and and have  your vote. Does anyone have any questions for the   [1:43:52] legal situation? So um we got a recommendation  and we go with a little bit. Is there a what is   [1:44:02] afforded each party if they if we voted the other  way that they think we went with with harders can   [1:44:09] or protest what can they what what can they do  again I mean that's that's the same there we   [1:44:15] have rules regarding how you file a protest so yes  if someone doesn't like the decision that's made   [1:44:19] here they have an opportunity to to appeal that  decision make a bid protest to you um no different   [1:44:25] than again I'll use the zoning analogy one time  one more time for you you know if somebody didn't   [1:44:29] what your zoning decision is. You turn them down  or something. They can go and appeal you for that   [1:44:35] and have someone else make that determination.  Who's going to look at this record going to decide   [1:44:41] what what you've talked about today based on the  rules and then determine whether or not based on   [1:44:46] substantial competent evidence that means good  evidence that um that your decision um was the   [1:44:53] right decision. and that is um you are given  great difference um as the legislative body to   [1:44:59] make those decisions. Um so you're not going to  be um second guessed is is the way I would put   [1:45:05] you wouldn't be second guessed unless there is a  really really good reason um to make that second   [1:45:10] guess of you and that's because you violated  some some standard or rule or something along   [1:45:14] those lines. So very good. Thank you. Any other  questions? Thank you. I will entertain a motion. [1:45:26] Motion to approve load bid um with also  instructions staff to hire outside CI   [1:45:31] to oversee the process. Do I have a  second? I'll second that. Discussion.   [1:45:40] Please call the role. Commissioner  Street. Yes. Commissioner Hughes. [1:45:47] Yes. Commissioner Granger. Yes. Mayor Branch.  Yes. Motion passes four to zero. Mayor and   [1:45:57] commissioners. Uh item 12B uh is uh no no real  action is necessary. We just um wanted to put   [1:46:04] the budget uh as drafted um and proposed um on the  agenda in advance of the September 8th uh first   [1:46:11] reading just to see if there's any additional  questions um that that y'all may have um in   [1:46:17] order to get clarity uh ahead of staff. is, you  know, we've already had five pre-budget workshops   [1:46:23] uh with each and every one of you, but again,  just wanted to give another opportunity uh before   [1:46:28] we got into the um the first official reading as  required by state law uh on September 8th uh for   [1:46:34] uh for the FY2027 budget. Can we make sure we  get um Mrs. Sunday the long-term debt summary   [1:46:41] kind of like a distrib this far? I'd love to go  distribute it. I I'm I'll get with her to clarify   [1:46:50] what information she's wanting. Um well, if she  needs to clarify, I'll clarify what information I   [1:46:58] would like. I'd like to just see where our current  debt is right now and what that would convert to   [1:47:03] if it's long-term. Are you asking for a balance  of our 150? Yes. Okay. So, we paid off around 73.   [1:47:11] you just whatever that balance is and what that  would look like in a long-term debt scenario in   [1:47:16] any planned payments before it's paid off. You  told us we're going to pay off maybe another 20   [1:47:22] or 30 million. I'd like to see that forecast out  because what's coming back is the bulkhead and   [1:47:28] that 5 million for that one there. So that's got  to be included back in the future as well. That's   [1:47:32] that's a great point. So that should include any  obligations that we have already committed to such   [1:47:38] as projects that we have said and we've approved  budgetary expenditures but they may not have been   [1:47:43] incurred yet the 23 like the 23 million that y'all  have approved. Is that what you're referring to?   [1:47:50] Yeah. So a great example of St. Andrew's bulkhead  that that full project amount be reflected in   [1:47:56] the debt um and the projected debt balance.  Same thing with anything that's on Martin.   [1:48:01] Same thing with anything that's on any other  projects that we have ongoing and a potential   [1:48:06] end date payment when that loan goes away. So if  it's a 30-year loan, is that possible? The terms   [1:48:13] we're looking at doing a bond for the long term  um which would be long term. it would, you know,   [1:48:20] probably be 30 years. Yeah, I'd love to see you  guys work with staff and this Sunday to come   [1:48:24] up with a maybe it's a quarterly debt strategy  report we're getting or something that's maybe   [1:48:29] added on to this or someone just so yeah, just  feel free to send the comments and Yeah. So,   [1:48:34] the balance commissioner street is 77 million.  Okay. 23 that we've approved already. Correct.   [1:48:42] Yeah. We don't have to workshop in this meeting,  but just send send I do have a question for Patty   [1:48:48] though. I think you asked the 73 that we paid  off. What did we spend that money on? That was   [1:48:54] a function. It was all reimburseable projects.  So, it's going to be your CDBGDR projects,   [1:48:59] your HMGP projects, FEMA projects, and um  SRF. Awesome. Let's just get that summary   [1:49:07] and write the details. Yes, ma'am. You  want to see the invoices that we paid? [1:49:15] Yeah. Yeah. granular as you can get it without  spending three years doing it. Okay. Okay. Next   [1:49:21] item 12 C. Right. Item 12 C is consideration to  approve budget amendment resolution 20260825.1 to   [1:49:29] transfer $21,000 in funds received from local  law enforcement agencies to the Panama City   [1:49:34] Police Department. As background information,  in August of this year, the PCPD hosted an FBI   [1:49:40] LITA leadership course attended by members  of several local law enforcement agencies.   [1:49:45] The participating agencies reimbured the PCPD  for their members course fees while the PCPD   [1:49:51] paid the full FBI lead a course invoice. The  $21,000 received will be applied towards the   [1:49:56] course invoice. Staff recommendation through  the chief of police is that the commission   [1:50:00] approve this request and the accompanying budget  amendment resolution. Mr. Mayor, I entertain a   [1:50:04] motion. Motion a second. Yep. Any discussion?  Please call the role. Commissioner Street. Yes.   [1:50:12] Commissioner Hughes. Yes. Commissioner Granger.  Yes. Mayor Branch. Yes. Motion passes 4 to zero.   [1:50:18] Commission is approved. Resolution 2026825.1,  a resolution providing for the amendment of the   [1:50:24] approved fiscal year 2526 budget to receive  reimbursement for training hosted at the   [1:50:30] police department. Item 12D is consideration to  approve resolution 20260825.2 2 authorizing the   [1:50:38] city of Panama City to accept state funded uh  grant for Frankfurt Avenue trail design in the   [1:50:43] amount of $425,000 and approved budget amendment  resolution 20260825.3. As background information,   [1:50:52] the engineering division of the public works  department is requesting approval of resolution   [1:50:56] 20260825.2 2 authorizing the city to accept state  funded grant managed by the FDOT for the design   [1:51:03] and permitting of the Frankfurt Avenue trail from  West Beach Drive to Pacifica Avenue, the northern   [1:51:08] end of Frankfurt Avenue. The project will consist  of a 12- foot multi-use path in areas where   [1:51:12] existing pedestrian facilities do not exist and to  address ADA non-compliance issues. Scope will also   [1:51:19] include coordination with Bayine Railroad and  review for a pedestrian bridge for crossing of   [1:51:24] Robinson Bayou. Uh, no additional rightway will  be required for this project and this project   [1:51:29] does not require a match from city funds. Staff  recommendation for the director of public works   [1:51:34] is that the commission approve this request. Mr.  Mayor, there were a couple of questions that came   [1:51:39] up during audience participation. I just highlight  some of those really quick. The distance of this   [1:51:43] path is 3.2 miles. That's a pretty substantial  path. Um, there will be some drainage work and   [1:51:49] and survey work that we need to do in order to  make sure we don't create any uh off-site adverse   [1:51:55] impacts on either the roads or people's front  yards. Uh there will be some utility poles that   [1:51:59] need to be removed and relocated. Again, we'll  have to survey all of this uh in order to ensure   [1:52:05] that it's entirely within the ride ofway. Again,  we're putting in an aluminum pedestrian bridge   [1:52:09] uh at Robinson Bayou uh on the west side uh in  order to keep folks off of the road. And again,   [1:52:16] uh, there will be some storm water and  drainage work for this. So again, staff   [1:52:20] recommendation to director of public works is  the commission approved this request. Mr. Mayor,   [1:52:24] I will entertain a motion. Motion to approve.  Second. Jonathan, the bridge, didn't that come   [1:52:29] to some of that come through appropriation? So  that's not all loan money, right? So this is a   [1:52:35] totally separate from that. So, the actual bridge  itself, you're correct, Commissioner Hughes,   [1:52:39] we got about a $750,000 grant uh from the state  in order to uh refurbish uh the uh and kind of   [1:52:47] beef back up the the vehicle bridge uh over that.  The construction of the actual pedestrian bridge   [1:52:55] will be paid for out of that. But this uh this  particular design phase uh will cover kind of the   [1:53:01] design of that and the and the civil engineering  around it sticking uh that particular aluminum   [1:53:06] bridge to the west side of the Robinson Bayou  Bridge. Um but uh but the state appropriation   [1:53:11] will pay for it. Thank you. Yes, sir. For the  public, the TPO was brought up. Um, and I kind of   [1:53:16] wanted to clarify that the TPO is the local body,  a 19 member board that is comprised of the county,   [1:53:23] this city, and all of the other cities in the  county. Um, the city can go seek out this uh   [1:53:32] this grant if it wants to, but it also can go to  the TPO and ask for support from the TPO. um the   [1:53:40] TPO did support this project and then the state  ultimately decided to reward it. So that's how   [1:53:47] that works as any other city. I think Callaway's  got some some pretty good projects through that   [1:53:51] process as well. Um the state had I think it was  $88 million for sidewalks. Um but uh there's they   [1:54:03] don't have a lot of extra money for roads. So,  um, you put in for what you can get. Awesome.   [1:54:09] All right. Any other discussion? Please call the  RO. Commissioner Street, yes. Commissioner Hughes,   [1:54:16] yes. Commissioner Granger, yes. Mayor Branch, yes.  Motion passes four to zero. Motion to adjourn. No,   [1:54:22] we have two resolutions. Mr. Zimmerman. Oh, boy.  Sorry. No problem. I would like to. Thank you.   [1:54:34] Uh, the commission has adopted resolution number  20250825.2, a resolution of the city commission of   [1:54:41] the city of Panama City authorizing the city to  accept a state funed grant for Frankfurt Avenue   [1:54:46] trail project to enter into the agreement and  resolution 20260825.3, a resolution providing   [1:54:54] for the budgeting of capital funds. Thank you.  Awesome. Oh, there's one more. One more. We got   [1:55:03] a motion before. That was both of them. Both. You  read both of them? Okay. We have a motion and a   [1:55:08] second. Please call the RO. Commissioner Street.  Yes. Commissioner Hughes. Yes. Commissioner   [1:55:12] Granger. Yes. Mayor Branch. Yes. Motion  passes four to zero. Thank you for attending.