This Commission Meeting was conducted utilizing Communications Media Technology. Some Staff members were present in the Commission Chambers while others were present via the Zoom application.

 

ELECTED OFFICIALS PRESENT IN CHAMBERS:

Shirley Groover Bryant, Mayor

Tamara Cornwell, Vice-Mayor, Commissioner-at-Large 2 (entered at 5:38 p.m.)

Sunshine Joiner, Commissioner, Ward 2

Sheldon Jones, Commissioner-at-Large 1

Harold Smith, Commissioner, Ward 1

Brian Williams, Commissioner, Ward 3

 

STAFF PRESENT IN CHAMBERS:

Mark Barnebey, City Attorney

Jim Freeman, City Clerk

Edward Johnson, Interim CRA Director (Not Present)

Mohammed Rayan, Public Works Director (Not Present)

Scott Tyler, Chief of Police (Not Present)

Cassi Bailey, Assistant City Clerk (Not Present)

Penny Johnston, Executive Assistant

 

STAFF PRESENT ELECTRONICALLY:

Todd Williams, Information Technology (IT) Consultant

 

 

   Mayor Bryant opened the meeting at 5:30 PM.

 

1.               GDAWG Venture LLC, et. al. v. City of Palmetto Harris Act Claim

 

Mr. Barnebey introduced Mr. Jay Daigneault, of Trask Daigneault LLP who has been retained by Florida Municipal Insurance Trust as lead counsel for this Harris Act claim for the City.  The City is required by statute to propose a settlement offer within ninety (90) days.  We are currently not under litigation, so the statute does not allow this to be a shade meeting.  There is a broad list of eleven enumerated options to settle this claim, including making changes to prior action or #11- offer of no change.   Legal counsel is asking for direction from the Commission.

 

 Commissioner Smith asked if GDAWG Venture had to accept their offer.

 

 Mr. Daigneault explained that the Claim states that there is nothing the developer can build on the property and the City’s denial of the proposal devalues the property by $6.65 million. The developer first filed and sought approval for a multi-family residence with 255 units with six (6) deviations, including parking, buffering, and setbacks.  The second proposal for a mixed-use development was submitted without any deviations and a reduced number of units. Both proposals were denied by the City Commission. The Harris Act is based on the fair market value of the property.  Commissioner Jones asked if the City could make an offer to buy the property.

 

 Commissioner Williams summarized that this started as a 255-unit apartment complex and has negotiated down to 220.  Commissioner Williams suggested that we offer reduced parking and a higher number of units.

Special City Commission Workshop

January 30, 2024

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 Commissioner Smith asked who owns the property.  Mr. Daigneault clarified that both claimants have a legal interest in the property.  Commissioner Smith continued to ask each attorney their opinion on what should be done.  He said he needed to know what the options are.  Mr. Barnebey and Mr. Daigneault each replied again that there are eleven (11) choices listed and the Commission needs to make the decision. Mr. Daigneault restated the City Land Development code provides many options that can be done on this property.

 

 Commissioner Jones would like to see mixed-use with multi-family housing, with architecture that is compatible with their neighbors.  He suggested that the hotel guests will want to walk to nearby shops.

 

 Commissioner Williams opined that during mediation, both sides agreed with the residential mixed use, with 220-unit density, plus 20,000 sq. ft. of commercial space.  Mr. Barnebey clarified that the settlement proposal included only the 220 multi-family unit density, with maybe 5,000 sq. ft. of commercial. 

 

 Commissioner Joiner opined that 220-units and some square footage of commercial might be the offer we should make.

 

  Commissioner Smith thinks Ms. Cornwell already proposed mixed-use and the developer just backed out.  Mr. Daigneault clarified that a multi-family development is allowed by code.  Mr. Barnebey restated that a 255-unit proposal was turned down by this commission. The developer came back with a 220-unit development proposal and yet the Commission did not pass the motion to approve what was suggested by the mediation team, by a vote of 4-1.

 

Mayor Bryant wondered what the median point would be to work with the developer and the community.  The Commission denied a 220-unit development without code deviations. She hopes they would be agreeable to some commercial. Mr. Barnebey suggested the claimant would probably like to hear what would be approved by the Commission.

 

  Commissioner Joiner suggested offering more units to satisfy the developer, with mixed-use.

 

 Commissioner Jones suggested building just residential, but have it mirror the façade design to coordinate with the neighbors.

 

 Commissioner Williams reminded everyone that he brought the recommended mediation before the Commission, and it was not approved.  As no action was taken within the required time frame, the proposal was legally denied.

 

  Mr. Daigneault restated that the recommended settlement from the Magistrate with 220-units with no mixed-use component was agreed on by both sides, so we have some idea of what the claimant would accept.

 

In conclusion:

 

 Commissioner Williams suggested 220-units, with no deviations, with 20,000 sq. ft. of commercial space.

 Commissioner Jones suggested 220-units and mirror the design of neighbors or with mixed use space.

 Commissioner Cornwell 220-units, recommending 20,000 sq. ft. of mixed-use and no deviations. She opined that the developer may not know the property is in the CRA.  Mr. Barnebey reminded everyone that this is a land use matter in front of the commission, not an incentive system. Incentives may come back later.

Special City Commission Workshop

January 30, 2024

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 Commissioner Smith questioned Mr. Williams for clarification on “20,000 sq. ft.” but offered no suggestions.

 Commissioner Joiner would agree with 220-units and approximately 20,000 sq. ft. of commercial.

 

   Mr. Daigneault concluded he will contact the claimant to understand how their position jibes with what was said by this Commission, then to bring one or multiple versions of a settlement offer that the Commission could make as a final product in compliance with the statute.  

 

Mayor Byrant adjourned the meeting at 6:31 p.m.