AF Public Hearing and Regular Meeting of the Apalachicola City Commission was held on Tuesday May 7, 2024, at 4PM, at the former Apalachicola MunicipalLibrary! located at7 74 Present: Mayor Brenda. Ash, Commissioner. Anita Grove, Commissioner Despina George, Commissioner Donna Duncan, City Manager Travis' Wade, City Attorney Dan Hartman, City Clerk Sheneidra Cummings, Finance Director Lee Mathes, and Chief of Police Bobby  6th St., Apalachicola, FL.  Varnes  Mayor Ash called the meeting to Orderi followed byi invocation and allegiance.  AGENDA ADOPTION  Motion was madet to adopt agenda Elliott, seconded by Commissioner Grove. Motion carried 4-0.  PRESENTATION: Chestnut Cemetery" Tree Removal  Caty Green, presented on behalf of Apalachicola Historical Society (AHS) and provided background information on the scope and purpose of the grant AHS applied for and referenced the attachments Gregory Vance presented on behalf of Torben Madsen and covered the concern(s) raised by Richard Bickel regarding proper procedure of having trees removed, vitality of trees that are proposed to be  submitted with! board action request.  removed, as well as the date of the previous arborist report,  PUBLICCOMMENT organization.  Diane Peck provided al list of Apalachicola Historical Society members andi their rolei int the Dennis' Winterringer spoke about AHS' communication and coordination with Staff and prior approval to remove treesi in Chestnut Cemetery, also noting that proper procedure was followed. Earl Mirus briefly clarified his findings and recommendation int the arborist report submitted by Creighton Brown commented ont thet tree report pinned by Mr. Mirus and disagreed with various comments such as ther replacing of headstones, fences, and they viability of trees that have been Shan Raetzloff spoke ins support oft thet tree removal and preservation of grave and historic monuments in Chestnut Cemetery. Mrs. Raetzloff also presented on behalf of AHS al handout from  Torben Madsen and provided statistics on1 trees and their significance.  selected for removal.    PUBLIC HEARING. AND REGULARMEETING-5/7/2024  Page 2of10  Mark Curenton was presented" tot the commissioner and was not givent to the Clerk. Ratzloff presented on behalf of herself and mark 4:28. (Presented handout with cemetery on cover) Linda Buchanan spoke about Chestnut Cemetery and the importance of preserving headstones Elizabeth Milliken supports the preservation of graves and monuments and urged the commission  and monuments in all cemeteries. to not onlyf focus on thet trees themselves.  Henry Martin supports the preservation of the cemeteries and the monuments. Commissioner Grove agreed with both Mr. Muris and the recommendationts) from historic preservation experts and hopes to seek a common resolution. Commissioner Grove suggested the City Manager and Code Enforcement work with the Historical Society, Tree committee and an arborist to identify and agree on which trees need to ber removed and prune the remaining trees, Encourages the City manager to work with the resources that are available and come to a solution. Commissioner George spoke in support oft thel Historical Society and referenced the grant application that was endorsed byt the City. Commissioner George concurs with Commissioner Grove and would like to see the Cityl bridge the gapl between both groups, consult with preservation Commissioner Duncan clarified the recommendation from the Commission, i.e., follow the City tree ordinance andi removal process and take both arborist reports into consideration and consult with experts if necessary toi identify and agree on whichi trees are tol ber removed in Chestnut Cemetery. Commissioner Duncan strongly supports the protection and preservation of the family plots and headstones and would like the City to maintain the cemetery. and make it safe forv visitors Commissioner George referenced the original tree removal schedule and stated that an agreement was previously reached to identifywhichi trees needed to be removed and the purpose of this current direction to staffi is to discuss the remaining trees that arei in dispute. Mayor Ashy would like to see both thel Historical Society and citizen group(s) work together, meet with Manager Wade, Attorney Hartman, and Code Enforcement and reach a comprise. Motion made by Commissioner Grove to have City Manager Wade, a member of Tree Committee, a representative from the Historical Society and one person fromi the citizen(s) group meet to reach a resolution by the end of May and determine whichi trees willl be removed and which arei to be trimmed. Discussion, Mayor Ash suggested that another member of the Tree Committee be present at the meeting with CMY Wade and others due to the Tree Committee Chair also being a member of  experts and an arborist to determine which trees can be removed.  and determine whati is allowed and whati is not allowed.  the Historical Society. Motion carried 4-0.    PUBLIC HEARING. ANDI REGULARMEETINEETING-5/7/2024 PUBLICHEARING:2-A reading of Ordinance 2024-01  Page 3of10  Attorney Hartman read Ordinance 2024-01 as follows, AN ORDINANCE OFTHEC CITY OF APALACHICOLA, FLORIDA, AMENDING ORDINANCE: 2005-11,(92-9), (88-5), (80-11),(72-4), ADOPTED BY1 THE CITY COMMISSION OF APALACHICOLA FLORIDA; PROVIDINGI FORI NEW CATEGORIES FOR OCCUPATIONAL, BUSINESS, TRADES, OCCUPATIONS, PROFESSIONS/ AND AGENCIES AND CORPORATIONS; PROVIDING, AI NEWS SCHEDULE FORTHE PAYMENT, ANF ENFORCEMENT OF OCCUPATIONAL LICENSE TAXONI BUSINESSES, TRADES, OCCUPATIONS, PROFESSIONS AND. AGENCIES AND CORPORATIONS WITHIN THE CITY OF APACHICOLA, FIXING THE AMOUNTS THEREOF; TO AMEND PART Il- CODE, SUBPART, A, GENERAL ORDINANCES CHAPTER 22- LICENSES AND BUSINESI REGULATIONS, ARTICALE I, BUSINESS' TAXRECEIPTS, SECTION 22-201 TO2 22-31; PROVIDINGPENALTIES FOR FAILURET TO PAYTHE SAME; PROVIDING FOR1 TRANSFER OF LICENSE FEE; PROVIDING FORSERVERABITY, PROVIDING FOR REPEAL OF  CONFLICTING ORDINANCES. ANDI PROVIDING FORA ANI EFFECTIVE DATE.  Not further comments regarding Ordinance 2024-01.  PUBLICCOMMENTS (contin.)  Leslie Coon presented expressed concerns about Leslie Street being closed in front of her business location as well as the lack of upkeep on the sidewalk and/or pedestrian walkway(s). Coon also Faye Gibson inquired about her residency and would like the Commission to clarify their policy on what determines residency. Mrs. Gibson stated that she would like to continue to serve on thel Parks Kathy. Jansen, inquired about usingt the Community Center located at 1 Bay Ave, free of charge to Mayor Ash stated the Commission will follow up on her request with Manager Wade.  inquired about at timeline for repairs on Leslie Street.  & Recreation Committee.  offert free/donation-Dased yoga classes.  No other publiccomments.  NEW BUSINESS #1: HCAI Building DHR Grant  Commissioner Grove presented the Commission with DHR grant information and requested the Board's action to authorize Staff to apply for the grant which would cover the cost of the remaining repairs in the HCAI building. Commissioner Grove stated the grant is a 2-year special categorys grant for $350,000.001 that requires a requires a 25% match. Grove shared that the last grant repair project camei in under budget, leaving approximately $19,000.001 from that grant which could be used towards the match requirement for the proposed DHR grant application. Grove went over the list of repairs provided byt former HCAI members who currently utilizei the HCAI building as a  temporary. African American Museum.    PUBLIC HEARING ANDI REGULAR MEETING-5/7/2024  Page 4of10  Amotion wasi made by Commissioner Grove to authorize Staff to apply for phase II the DHR grant, seconded by Commissioner Duncan. Discussion, Commissioner George. Commissioner George inquired about the scope of work relative to the grant amount to be applied fori.e., $350,000.00. Commissioner Grove suggested that Cindy Clark provide clarification toi the Commission. Mrs. Clark provided the Commissioner with clarification on the scope of the grant. Motion carried 4-0.  NEW BUSINESS: #2: Donna Ingle, Perks & Recreation Committee  Mrs. Ingle requested the Commission approve the planting of milk weeds at 12"h Street and Bay Ave, Amotion wasi made by Commissioner George to approve the request to plant milk weeds at 12"h Street and Bay Ave, also known as "Bay/ Ave Park', seconded by Commissioner Duncan. Motion  commonly known as "Bay Ave Park".  carried 4-0.  NEW BUSINESSH3-Atomey Hartman- Quit Claim Deed  Dan! Hartmani informed the Commission of aj potential titlei issue for al lott that the City previously owned andi transferred said property to the County many' years ago. Attorney Hartman recommended that the Commission: file a Quit Claim Deed to release anyi interest ini the transferred property to the County to clear up any title issues and pursue funding for their Armoryrenovation Commissioner Grove recommended that the City authorize the mayor to execute: a quick claim deed regarding any ownership the City may have int the Coombs Armory property, seconded by  project.  Commissioner George. Motion carried 4-0.  UNFINISHED BUSINESS #1: 2nd Reading of Ordinance 2024-01  Attorney Hartmani read Ordinance 2024-01 as follows, AN ORDINANCE OF THE CITY OF APALACHICOLA, FLORIDA, AMENDING ORDINANCE: 2005-11, (92-9), (88-5), (80-11),(72-4), ADOPTED BYTHE CITY COMMISSION OF APALACHICOLAFIORDA PROVIDING FORI NEW CATEGORIES FOROCCUPATIONAL, BUSINESS, TRADES, OCCUPATIONS, PROFESSIONS. AND AGENCIES, AND CORPORATIONS; PROVIDING AI NEW: SCHEDULE FOR1 THE PAYMENTANF ENFORCEMENT OF OCCUPATIONAL LICENSE TAXONI BUSINESSES, TRADES, OCCUPATIONS, PROFESSIONS. AND AGENCIES AND CORPORATIONSWITHINTHE CIYOFAPACHICOLA FIXING THE AMOUNISTHEREORTO AMEND PART II- CODE, SUBPART A, GENERALORDINANCES CHAPTER 22- LICENSES, AND BUSINES REGULATIONS, ARTICALE II, BUSINESS TAXI RECEIPTS, SECTION 22-201 TO. 22-31; PROVIDING PENALTIES FORI FAILURETO PAYTHE SAME; PROVIDING FOR1 TRANSFER OF LICENSE FEE; PROVIDING FOR SERVERABIITY, PROVIDING FORE REPEALOF  CONFLICTING ORDINANCES. AND PROVIDING FORANE EFFECTIVE DATE.    PUBLIC HEARING ANDI REGULAR MEETING-5/7/2024  Page! 5of10  Amotion was made by Commissioner Grove to approve: 2ndy reading and adoption of Ordinance 2024-01, seconded by Commissioner Duncan. Discussion, Commissioner George. Commissioner George disagreed withi increasingr rates for business licenses taxi receipts. Commissioner Grove expressed support of the staff's effort and recommendations). Motion carried 3-1, Commissioner  George opposed.  UNFINISHED BUSINESS #2: Resolution for State Revolving! Loan Fund for LSL Inventory Manager Wade presented background information on the State Revolving Loan Fund and their requirement to adopt a resolution. Attorney Hartman read Resolution 2024-03 in its entirety. Motionwas made by Commissioner Grove to approve Resolution 2024-03, seconded by  Commissioner George. Motion carried 4-0.  UNFINISHED BUSINESS #3: Franklin County Republican Executive Committee (FCREC) On behalf of thel FCREC, Mr. Bryant Banks requested that the Commission authorize the Non- partisan organization to lease space at the City! Hall building. Additionally, Mr. Banks requested that the Commission reducei the rental rate and offer FCREC1 the non-profit rate.  Discussion held.  Commissioner Grove asked Attorney Hartman for his recommendation.  Attorney Hartman recommended that the Commission be consistent and offer al lease agreement based on fair market value whichi is $. 29/sq. ft. bringing the monthly rental ratet to $250/month. Mr. Banks commented on Attorney Hartman's recommendation and asked the Commission to honor ar reduced rate sincet they've allowed other non-profit organizations ar reduced rental rate. Mr. Banks asked the Commission to approve al rental rate of $1200/year with a $300 security deposit. Commissioner George expressed at few concerns regarding the Commission's ability to rent space toapolitical organization as well as, possible zoning issues that would be an issue if renting space toanon-public charity organizationversus. a public charity organization such as a 501(c)(3)  organization. Discussion held.  Attorney Hartman offered insight based on previous determinations made byt the previous City Attorney and Commission stating that, int the past, the Commission recognized not-for-profit organizations and approved renting space(s)t to the various organizations without requiring specific Internal Revenue Code documentationt to identify how that particular non-profit is structured and    PUBLIC HEARING, ANDI REGULARMEETING-5/7/2024  Page 60 of10  therequest to lease made byt thel FCREC is no different for any other organization that the City  approved. Discussion' held.  Motion madel by Commissioner George to approve the leasing of a space at City Hall Complext for Frankin County Republican Executive Committee, at a market rate of $.29/sq. ft., seconded by Commissioner Duncan. Discussion, Commissioner Grove recommended that the Commission clarify the City's rent policy and procedures and further define thet term "not-for-profits" particularly wheni it comes tot thet types of not-for-profit organizations the Cityi is willing to rent space to. Motion  carried 4-0.  UNFINISHED BUSINESS #4: Rules of procedure  Manager Wade provided context to1 the proposed changes to the Rules of Procedure and presented the Commission with recommendations submitted by Mayor Ash and Commissioner George. Mayor Ash asked Attorney! Hartman to clarify the legal definition of residency.  Attorney Hartman clarified that thet term "residency" refers to the location of your permanent home, where a person is registered to vote, as well as the place where a person has al homestead exemption or the ability to filet for al homestead exemption. Attorney Hartman further clarified that volunteer(s) have to be ar resident in order to serve on any citizen committee(s). Commissioner Grove: suggested thati the Cityf follow the! State's definition ofr resdencyle,wneres person votes and where they have their homestead exemption, if applicable.  Discussionheld.  Attorney Hartman informed the Commission that the defintionofresidencyl is defined ini the City's  code.  Discussion held.  Not further comments regarding residency.  Manager Wade proceeded with the proposed edits to thel Rules of Procedure.  Commissioner George discussed her recommendations that were. provided as an attachment and recommended the Commission hold a workshop before making any changes to the Rules of  Procedure.    PUBLIC HEARING, ANDREGULARMEETING-5/72024  Page7of10  Commissioner Duncan, no comment.  Commissioner Grove, commented on the ability of citizens to be able to serve on more than one Manager' Wade clarified his recommendations: for this task and the direction given byt the Commission at a previous commission meeting for him to review the City's Rules of Procedures  citizen/volunteer committee. Noi further comments. document and make recommendations.  Discussion held.  Commissioner Duncan commented on liability issues and provided various reasons why the Commission is having to address volunteer committees and ensurei that all citizen boards/volunteer committees adhere tot the City's rules of procedure.  Mayor Ash expressed appreciationt for volunteers on the City's various citizen boards and suggested that the Commission! be consistent with the application of the Rules of Procedure further stating that all committees/citizen boards have should have rules that all volunteers are required to adhere  to.  Discussion held.  Commissioner George recommended not to make any changes to the Rules of Procedure unless the Commission agrees to a workshop and discuss specific recommendations proposed by Motion made by Commissioner George workshop any Rules of Procedure issue(s) and reject making changes to the current Rules of Procedures unless the Commission agrees to av workshop and/or review the City's internal policies to determine if the Commission ist following the current Ar motion was made by Commissioner Duncan to: schedule a workshop to review the Rules of Procedures to ensure that the City'si internal procedurei is consistent with the Rules of Procedure. Seconded by Commissioner Grove. None opposed. Date requested by! Mayor Ash. The Commission agreed on May 21, 2024, for thel Rules of Procedure Workshop, at 6pm. Motion carried 4-0.  Manager Wade and the Commission.  Rules of Procedure. Motion withdrew! by Commissioner George.  UNFINISHED BUSINESS#! 5: Appointment to P&ZI Board  Motion made by Commissioner George to appoint Greg Golgowski as the P&Z Alternate member,  seconded by Commissioner Grove. No discussion. Motion carried 4-0.    PUBLIC HEARING ANDI REGULARMEETING-5/7/2024 UNFINISHED BUSINESS # 6: Cemetery! Use for Events  Page 8of10  Manager Wade is requested that the Commission determine ift they're goingt to allow or prohibit  cemeteries to be used fore events.  Discussion held.  Mayor Ash opened the discussion for additional public comments.  Shan Raetzloff commented. Linda Thompson commented.  Mayor Ash suggests creating a "use policy" for Chestnut Cemetery and asked Attorney Hartman to provide the Commission with ai recommendation including any legali implications for allowingt for use of the cemetery1 for events where proceeds are completelyi invested/donated to the City fort the maintenance of the cemetery' versus not allowing use for private, for-profit events. Attorney Hartman provided clarification regarding the legal right of the City to restrict, allow, and/or control access and operations int the cemeteries beingt the owner and custodian oft the cemeteries. Hartman also gave a recommendation. stating that the City could authorize access tot the cemetery for certain purposes after dark and established hours of operation like what is currently established for all City parks. Hartman left it upt to the Commission to determine thet types of activities they Amotion wasi made by Commissioner George to approve the Apalachicola Historical Societyto conduct al historical; ghost walk event on May 18, 2024, seconded by Commissioner Grove. Regarding commercial use(s) of cemeteries, a motion was made by Commissioner Grove to prohibit use of Chestnut Cemetery at nightf for-profit tours and/or events. Seconded by  would allow and or sanction int the cemeteries.  Discussion, Commissioner Duncan. Motion carried 4-0.  Commissioner George. No discussion. Motion carried 4-0.  1ST Reading Ordinance 2024-02  Attorney Hartman read Ordinance 2024-02 by title as follows, AN ORDINANCE OF THE CITYOF APALACHICOLA, FLORIDA, PROVIDING FORT THEI REGULATION OF ACCESS TO CITY OWNED, CONTROLLED ORI LEASED PROPERTY; PROVIDING FORI PURPOSE; PROVIDING FORSEVERABILITY  AND ESTABLISHING AN EFFECTIVE DATE.  PUBLICCOMMENT    PUBLIC HEARING. AND REGULARMEETING-5/7/2024  Page 9 of10  Mason Bean, Bring Me Al Book (BMAB) expressed concern about Ordinance 2024-021 ini that, it does not consider of the organizations that lease space from the City at City! Hall building. Mr. Mason suggests that allt tenants have their own access tot the City Hall building to avoid being disruptive to Manager Wade stated thati the BMAB organization does have access to their room(s). and that the doors are now equipped with a new! locking system that would allow access from the previously  any City business or personnel.  restricted entrance way. Not further comments.  Amotion was made to approve Ordinance 2024-02 for Public Notice and 2nd reading by Commissioner Grove, seconded by Commissioner Duncan. Motion carried 3-1. Commissioner  Georgeopposed.  MAYORA AND COMMISSIONER. COMMENTS  Mayor Ashi thanked the City Staff for their hard work and dedication to their roles.  Mayor Ash directed City Clerk to reach out with Mrs. Coon and gather her suggestions on howt the Commissioner Grove commented on general grant processes and thel lack of definitive timelines when applyingi for and awaiting gran awards. Commissioner Grove highly recommends having all grant updates posted online so that the public could have direct access to all granti information. Commissioner Grove commended the Finance Director for her effortsi in organizing all the grant contracts and provided an update on1 the Resilient Apalachicola Bay Committee. Commissioner Duncan inquiredi ifa partnership between. Apalachicolal Historical Society and the City would be beneficial fort the cityf for the purposes of maintaining Chestnut Cemetery. Commissioner Duncan sharedi that she spoke with Mr.. Jimmy Gander, and he expressed thanks to City Staff for promptly rectifying his concern presented at thel last meeting.  City can assist with the various concerns she presented.  Attorney Hartman commented. Discussion held.  Commissioner George commented on the public's ability to question and encourage the Commission to address public concern. Commissioner George commented on specific tasks that were directed at Staff and presented at the last commission meeting and suggested Staff provide an update to the Commission. Commissioner George also expressed concerns about whether proper grant procedures were followed regarding thel Inflation Reduction Act grant submission and would like fort the Commission to review the City's Grant Procedures at the June meeting.    PUBLIC HEARING AND REGULARMEETING-5/7/2024  Page 10of10  Furthermore, Commissioner George requested updates for ARPA project allocations, and fort tasks Manager Wade provided clarification regarding the application process fort the Inflation Reduction Act grant as well as the cost estimates for ARPA projects that were presented with his manager's Commissioner Duncan also requested follow upt from Manager Wade regarding proper grant  previously directed at Staff.  report. procedure.  Manager presented his report and provided updates. FINANCE DIRECTOR REPORT provided.  ATTORNEY'S REPORT ongoing litigation(s). Discussion held. CONSENTAGENDA  Hartman presented his report and provided updates on MuniCode, Mr. Robert Davis, as well as  Motion was made by Commissioner George to adopt the consent agenda, seconded by  Commissioner Grove. No discussion. Motion carried 4-0.  DEPARIMENIREPORIS All departmentreports provided.  Motioni to adjourn made by Commissioner Grove, seconded by Commissioner Duncan. Motion  carried 4-0.  Bdh Brenda Ash, Mayor &c  Sheneidra Cummings, City Clerk