MEXICOBEACH  CITY COUNCIL REGULAR MEETING TUESDAY,JUNE 25, 2024 AT 6:00 P.M. PUBLIC WORKS BUILDING Mayor, Richard Wolff  Councilman, Jerry Smith Couniclwoman, Linda Hamilton Tim Sloan, City Attomey  Councilman, Jason. Adams Councilman, Tim Linderman Tammy Brunson, City Clerk  Chris Hubbard, City Administrator  This meeting willl bel lives streamed on the CityofMexico) Beach Government Facebook page. Ifyoul haveany questions or comments on the agenda, please email them up to 21 hours prior to the meeting at iv@mexicobeahlgov  I. II.  CALLTOORDER INVOCATION  III. PLEDGE OF ALLEGIANCE IV. ROLLCALL V.  CONSENT AGENDA 1. Minutes - May 14, 2024 2. Minutes - June 11, 2024  VI. ORDINANCES  1. Ordinance 837 - Amending Land Development Code pertaining to Accessory Uses and AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THE LAND DEVELOPMENMT CODE TO MODIFY SECTION 2.02.02, 2.04,00 AND 2.05.00 TO AMEND LANGUAGE PERTAINING TO ACCESSORY STRUCTURES AND ACCESSORY USES; PROVIDING FOR CODIFACTION; PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN  Structures- (Second Reading) Allaral Mills Gutcher, tpc  EFFECTIVEDATE.  a. Motion tol Read Ordinance 837 (By Title Only)  b. Open] Public Discussion Close Public Discussion d. Discussion Motion to Approve/Deny    VII. RESOLUTIONS  1. Resolution 24-03 Statewide Mutual Aid Agreement- - Sandy Walker  A RESOLUTION OF THE CITY OF MEXICO BEACH, FLORIDA. ADOPTING THE STATEWIDE MUTUAL AID. AGREEMENT AND RECITING AN EFFECTIVE DATE.  a. Motion to Read Resolution 24-03(By Title Only)  . Open Public Discussion Close Public Discussion d. Discussion . Motion to. Approve/Deny  VIII. REGULARAGENDA  € Consideration to Award Marine Debris Removal RFP- - Chris Hubbard  a. Open Public Discussion b. Close Public Discussion Discussion d. Motion to Approve/Deny a. Open] Public Discussion Close Public Discussion Discussion Motion to Approve/Deny  2. € Consideration to Award Disaster Debris Monitoring RFP - Chris Hubbard  3. Setting the Date/Time of First Budget Workshop - Chris Hubbard  4. Project List Update - Chris Hubbard  IX. CITIZEN COMMENTS  1. Speaker must come to the podium and state name and city of residence  2. Comments are limited to 3 minutes MAYOR COMMENTS XI. COUNCIL COMMENTS XII. STAFF COMMENTS 1. City Attorney 2. City Administrator XIII. ADJOURNMENT  X.  Emailed toi interested parties andj posted ont the city website on: 06/20/2024  Note: Copies oft the Agendai items are postedo ont the City'sW Website mexicobeachfl.s gov This meeting will be recorded ont thes website.  *You are! hereby notified that ina accordance with Florida Statutes. you have a right to appeal any decision made by the Council with respect to any matter considered. Your may needt to ensure thata verbatim record of the proceedingsi is made which may need to include evidence andt testimony upon whicht thez appeal isbased. Any person requiring: as special accommodation: at this meeting because ofa disability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; orb by phone (850) 648-5700 at least five calendar days prior tot the meeting. Ify you: are hearing or speechi impaired, andy you possess TDD equipment. your may contact the City Clerk using the Florida Dual Party Relay System, which canb ber reached at 1-800-  955-8770(TDD    City of Mexico Beach City Council Meeting Minutes TUESDAY, MAY14, 2024-9:00AM  The City of Mexico Beach City Council meti in a regular meeting on Tuesday, May 14, 2024, at 9:00 am at the Public' Works Building in Mexico Beach. Mayor Wolff andi thet following Councilmembers were present: Linda Hamilton, Jason Adams. Jerry Smith and Tim Linderman. Also present were City Administrator, Chris Hubbard, City Clerk, Tammy Brunson and Interim City  Attorney Tim Sloan. I. II.  Call to order: Mayor Wolff called the meeting to order at 9:00 am.  Consent Agenda  Minutes from March 12, 2024 and March 26, 2024 brought to the table and motion passed unanimously. 1. Dina Bautista with AtkinsRealis presented update on Cities Recovery Project. There are 3 projects left to be obligated, which are the City Pier, the. Jetties and the Police/Fire/Municipal Complex. 2. Kimberly Shoaf with the CDC presented general update on the Beach Restoration Project. 3. Elizabeth Moore with Anchor CEI gave updates on Kayak Launch, 15th Street Pedestrian Bridge, Mobi Mats  III. Scheduled Appearances  and design build ofr metal building in the yard of publici works. 4. Calvin Palmer with AVCON updated the stormwater survey.  IV. Planning and Zoning  1. Appointment of Alternate P&Z members: Alternate 1-L Larry Henderson and Alternate 2-E Erik Fosshage. Mr. Linderman motioned to accept the appointments and Ms. Hamilton seconded the motion. Motion 1. Task Order #2 AVCON - Stormwater study projected cost of $517,500.00, Calvin Palmer with AVCON presented thei task order of data collection ands survey oft the 40 acres stormwater pond on the 80 acres. Public comments: Lisa Logan, Mexico Beach asked council for a workshop with surrounding property owners directly affected with the stormwater project before design stage due to the concern of what is going to be done with Mr. Linderman asked Calvin Palmer is the 40-acre pond going tol be a detention or retention pond. Mr. Palmer stated it would be a detention pond. Mr. Adams asking confirmation that this task order amount is specifically for the survey study. Mr. Wolff confirmed that this is a $8 million grant with $1 million allowed for the survey study. Mr. Hubbard confirmed that this was FEMA funded. Ms. Hamilton motioned to move forward with the 2. Consideration to Amend Policy and Procedure manual per FDEM and FROC - Fire Chief, Sandy Walker  passed unanimously. Regular Agenda  V.  the 80 acres.  task order and Mr. Adams seconded. Motion passed unanimously. addressed the Council to recommend amending per FDEM: and FROC:  Emergency Financial Plan Procurement Policy Disaster Debris Policy  Payf for Work during Emergencies or Disasters  Chief Walker stated that the City has followed the guidelines of the above policies but was not documented inv writing in our Personnel Policy Handbook and Policy Manual. Once approved then will send to FDEM and  hopefully this will up our score.    City of Mexico Beach City Council Meeting Minutes TUESDAY, MAY: 14, 2024-9:00AM  Mr. Sloan recommended to update change on the procurement policy on page 15 #9 under Contract Signature Authority that the City Administrator to state "Agreements up to and including $15,000.00". Mr. Adams motioned toa approve the Disaster Debris Management Plan. Ms. Hamilton: seconded the motion. Motion passed unanimously. Mr. Adams motioned to approve the Procurement Policy with ther recommended changes that Mr. Sloan suggested. 3. Consideration of RFP Proposals for Legal Services - Mr. Sloan asked Mayor Wolff if he needed to step out while they were discussing this item. The council agreed that Mr. Sloan could stay at the table. Ms. Hamilton stated that Mr. Sloan is less expensive than Mrs. Jordan and that Ms. Jordan has a conflict with meeting dates and times and asked ifs she would bei ineligible due to she would be unable to attend all the meetings. Ms. Hamilton stated she did not think that they should change the meeting times for an attorney. Ms. Hamilton in favor of Mr. Sloan. Mr. Adams stated both Mr. Sloan and Ms.. Jordan had a great resume, and both are qualified. He suggested the City Administrator speak with both candidates and look ati the numbers and to keepl Mr. Sloan onas the interim until decision is made. Mr. Linderman stated that Mr. Sloan came out to $7500.00 a month and projected 251 hours. Has a couple of concerns with Ms. Jordan as fara as social media aspect and potential controversy with that. The scoring is very close and wanting tol know ifi theyl havei to go with the point winner or choose someone that is better suited for thej job. Mr. Smith called the City of Parker and asked them about Mr. Sloan's annual salary. Mr. Sloan stated that due to Parker not having a City Administrator that a lot of administrator things were not getting taken care of and it fell upon the City Clerk or City Attorney. He stated he felt that an hourly rate was the way to go for the City and he understands that we have had a fixed rate in the past but will get a better bang for your buck because you will know what you are paying for and the City Administrator will be the overseer of this. Mr. Smith stated the score sheets state the highest score is Ms.. Jordan and he states that the award should go to her because of the higher score than Mr. Sloan and wanting to know why a score sheet was even done. Mr. Wolff stated he would like for Mr. Sloan to sit back and listen due to Ms.. Jordan not being there to speak on her behalf. Ms. Hamilton stated that there is only 10 points difference ini the score sheet between the two. She stated that Mr. Sloani is less expensive but on the score sheet Ms.. Jordan is scored less. Mr. Wolff had some questions as Ms. Jordan not being able to attend the second Tuesday meeting and her retainer is $1000 a month and did not include the P&Z meeting or any extra hours. Mr. Sloan's retainer is $7500. Big difference between the two. Mr. Sloan wanted to clarify that but was not allowed to do SO. Mr. Wolff wanted approval for him and the City Administrator to talk to both of these applicants to nail down costs and availability. Mr. Linderman wanted to take as step back since Ms. Jordan was not there to speak and was in favor of the Mayor's suggestion. Ms. Hamilton stated that it is just not about the money but the availability to be at all meetings. Mr. Adams motioned to allow the City Administrator and the Mayor to sit down with both candidates to negotiate cost and availability and place on the next agenda. received. KK: Storm scored the highest on the score sheet. Public Comment - Bill Hamilton, Mexico Beach - the City picked up yard debris before Hurricane Michael and is this cost effective to outsource this. Mr. Hubbard explained the cost of the City doing this versus outside source. Mr. Linderman motioned to accept K.K. Storm proposal for Curbside Yard Debris removal. Ms. Hamilton seconded the motion. Motion passed unanimously. RFP-D Disaster Debris Removal- Chris Hubbard presented proposal. Five proposals were received. KK Storm was scored byt the elected officials as the highest proposal. No public comments. Much discussion over the scoring and cost. Mayor Wollf suggested if this item is tabled will this affect the FROC requirements. Existing contract has expired. Mr. Linderman asked who would be responsible for the cost and Mr. Hubbard stated this was a FEMA  Mr. Linderman seconded the motion.  Public Comments: Cindy. Jolly, Mexico Beach, in support of Mr. Sloan.  Mr. Linderman seconded the motion. Motion passes 4 -1 with no vote from Mr. Smith.  4.  RFP = Curbside Yard Debris Removal  Chris Hubbard presented the proposal. Only two proposals  5.  covered expense. Mayor Wolff wanted to table and look more closely at the numbers.    City of Mexico Beach City Council Meeting Minutes  TUESDAY, MAY 14, 2024-9:00AM  Ms. Hamilton asked if they went with an out of town company would the City! ber responsible for their lodging expenses. Mr. Smith: stated that we have a timeline andj just move forward. Mr. Adams and Mr. Linderman agreed to move forward asv well. Mr. Adams made motion accept RFP proposal with KK Storm for Disaster Debris Removal. Ms. Hamilton seconded  the motion. Motion passed 4-1 with Mayor Wolff a no vote.  6.  RFP-7"H Street Restrooms - Chris Hubbard brought to the table the restroom across the street from the Exxon Gas station that was destroyed by Hurricane Michael. This project has been bid out twice and bids came in close to al half ar million dollars. Staff recommendation is to direct Dina to sole source this RFP out to FEMA to see ift the city can do this project ourself and get FEMA to payf fori it. Public Comments: Lisa Logan asked if this was going to be in same location as before. Cindy. Jolley- - asked what the restroom will look like. Dina explained the process of submitting this to FEMA due tot that this project was bid out twice and both times the cost came in too high. Mr. Adams made motion to reject the bid proposal for the 7th Street restrooms due to the cost. Ms. Hamilton seconded the motion. Motion passed unanimously. Mr. Adams motioned to direct Dina to sole source RFP to FEMA. Mr. Linderman seconded the motion.  Motion passed unanimously.  7.  Consideration to give BCSO $67k in LE Impact Fees - Chris Hubbard presented that the City has $67,794.021 in Law Enforcement Impact Fee funds which we as a city cannot spend at this time. Sheriff Tommy Ford contacted the City and informed us that the fund was needed fora a new vehicle fort the part time Deputy in Mexico Beach. Mr. Sloan stated that these impact fees have to be used fori infrastructure. Mayor Wolff asked had this ever been done before. Mr. Adams stated a contract or confirmation needed to show where money is spent. Ms. Hamilton asked Lt. Marty Williams about this new officer. Lt' Williams stated that this officer is already here in Mexico Beach and he does not have a vehicle. Ms. Hamilton asked how many vehicles they have. Lt stated that there are 5 deputies and 3 vehicles. She stated she didn't know why we needed to purchase another vehicle. Mr. Sloan stated that in the City codes that if impact fees are not used within 7 yearst that at their request thet fees must be returned. Mr. Linderman stated that one of his concerns is that ifwe purchase a vehicle will it stay! here or gos somewhere else and could these funds be used fori infrastructure in Mexico Beach. Mr. Sloan quoted the Florida Statute related to impact fees. Mr. Linderman recommended that we find out how old these impact fees are to determine what amount is at risk and ask the sheriff department what exactly are they looking for and what funds are going to be used for and take a look at our legal process if we go forward and what we could use these funds for in Mexico Beach. This task was given to the City Administrator to look into and come back to the table with these answers. Lt. Williams made a correction and stated that there are 7 officers and 6 vehicles that the 8. Consideration to purchase 2 new trucks - Chris Hubbard brought to the table to purchase 2 new pickup trucks for publicworks: and utility department. The vehicles in use now are ini fair condition and have severe maintenance issues causing them to be unsafe. He proposes to replace two of those vehicles with cash on hand and budget for additional vehicles in the next fiscal year. Hei is asking for approval of the purchase of thei two trucks shown in the Florida Sheriff's Assoc. quote with at total price of $76,260.00 and to approve the required budget amendments to purchase one truck for Utility Department out of the sewer capital replacement account and one truck for the prior year surplus for the Public Works Department. Mr. Smith was in agreement of this purchase. Ms. Hamilton asked what financial benefit we will receive from these older trucks, and he stated they would be auctioned off. Mr. Adams and Mr. Linderman were alsoi in agreement that new vehicles are needed. Mayor Wolffs stated he would rather purchase 41 trucks thata arel budgeted than purchase 2 now with a budget amendment. Mr. Smith motioned to purchase these 2 new trucks now. Mr. Adams seconded the motion. Motion failed 3-2. Mr. Linderman, Ms. Hamilton and Mayor Wolff with no votes, Mr. Smith and  sheriff financed for Mexico Beach. The 7th officer is in a vehicle from BCSO.  Mr. Adams with the yes votes.    City of Mexico Beach City Council Meeting Minutes TUESDAY, MAY14, 2024-9:00AM  9.  Consideration to purchase two restrooms. Pole barn and site work for Under the Palms Park- Mr. Hubbard presented models of prefabricated concrete restrooms. Funds will be taken from the Building Replacement Fund and would require al budget amendment. Discussion took place of the specifications of the restroom. Mr. Adams and Mr. Smith stated to move forward with this purchase. Mr. Linderman asked about using Park and Rec impact fees for this purchase. Mr. Hubbard stated this would not be coming out of the Parks and Rec fund. Ms. Hamilton motioned to authorize construction of the two restrooms for the site work for the Denali restrooms and amend budget accordingly. 10. Consideration to advertise for engineering services for pier extension design and permitting - Mr. Hubbard presented to council due to the amount of time required for engineering and permitting on the pier it is important to begin the required engineering and permitting now if the City wishes to extend the future pier from the original 854 feet beyond the length paid for by FEMA to approx. 1500 ft as thes same length as the 2 other piers in Bay County. Park and Reci impact fees will be used for the cost of this. He stated that completing the engineering design and permitting now will assist the City receiving State appropriations and grants for future construction. Mr. Linderman stated that due to the beach restoration project that the City may need to extend the beach walk overs. Much discussion at the table about why extending the pier would be feasible. Mr. Hubbard stated that going further out in deeper water would be better fishing. Public comment = Lisa Logan asked what benefit does doubling the length oft the pier. Mr. Linderman motioned to approve the advertisement for engineering services for pier extension design and permitting.  Mr. Linderman seconded the motion. Motion passed unanimously.  Mr. Smith seconded the motion. Motion passed unanimously. Mayor Wolff motioned for a 5-minute break. Meeting resumed at 11:54 a.m.  11. Consideration to approve Proposal from Anchor CEI for Engineering Services to Design/Build Project for 60x40 Metal Building Warehouse - Chris Hubbard brought to the table and explained the much-needed building for storage for Public Works yard. Mayor stated hei felt this building is much needed but wanted to make sure the budget allowed it. Ms. Hamilton asked where this building would be located. Mr. Hubbard confirmed it would be on the east side of the yard. Mr. Linderman confirming cost and asked how much was in the Sewer and Water Impact fees. Mr. Hubbard confirmed it was close to $4 million and that this building was not a budgeted item and $2 million was tied up in CD's. Mr. Adams asked Elizabeth Moore from Anchor CEI what exactly the cost of this service is going to cover. Ms. Moore stated they would do the civil site work and design build package and bid this project out for metal building contractors and overview the price and make sure work is done correctly. Mr. Smith wants to move forward with the approval to get this done to get equipment off the ground and out of the weather and to be able to order in bulk. Garret Garland, Utilities Supervisor, stated that the majority of the pipes laying in the yard right now could be thrown out because of being out in the open. Mr. Linderman asked why can'tt the City go straight to a vendor to do this due to the cost of $26,345 being sO high justf for the design. Ms. Moore stated that for ai true design build iti is required thata design build professional must bei involved ini the design. She stated that this fee wasar not to exceed amount andt that ift the council wanted more information she would come back and present with answers depending on the threshold. Mayor Wolff asked if this is the norm for a city to reach out to their engineers to build a large metal pole barn. Ms. Moore stated it depends on the cities procurement policy and that Florida Statue stipulates how much work can be done without an actual engineer and a certain threshold required. Item tabled until next meeting with more  information from Ms. Moore.    City of Mexico Beach City Council Meeting Minutes TUESDAY, MAY14,2 2024-9:00AM  12. Discussion of future Purchase of Water Meters and Upgrade Meter Reading System - Chris Hubbard brought to the table the problems ofr malfunctioning water meters which requires an average of over 315 rereads every month overt the last 6 months and proposing to upgrade the current system to a "fixed" radio read system compared to our current "drive by" radio read system. New system will cut future labor costs. Funding will come from the water department capital replacement account. Mayor stated this is a large purchase and timing is everything and they all take into consideration that we need to budget our needs. Much discussion at the table concerning the cost and installation. This will be presented at 13. Discussion regarding the Purchase of an upgraded Sewer Lift Station Alarm Monitoring System = Chris Hubbard presented to the council the issues with several of the sewer lift stations and problems with the alarm notification system not notifying the city utility department causing the lift station to overflow and as small amount of wastewater entering into  the next council meeting on May 28th.  the canal system. This item will be presented to the council at next meeting on May 28th. 14. April Financial Report -City Administrator, Chris Hubbard presented.  VI. Citizen Comments - No public comments  VII. Mayor Comments - Mayor Wolff suggesting to schedule Special Meeting for the Visioning Project for May 21stor VIII. Council Comments - Mr. Linderman wants to propose a couple of grants at next council meeting. Ms. Hamilton  May 22"d. Mr. Hubbard will contact Allara to make sure when she will be available.  asked Lt. Williams to speak about E-bikes on the sidewalks. This will be discussed at next meeting.  IX. Staff Comments - No comments from staff.  X,  Adjournment - Ms. Hamilton motioned to adjourn at 12:32 p.m.  By:  Attest:  Mayor, Richard Wolff  City Clerk, Tammy Brunson    City of Mexico Beach Meeting Minutes TUESDAY JUNE 11, 2024-9:00AM  The City of Mexico Beach City Council met in a regular meeting on Tuesday. June 11, 2024, at 9:00 am at the Public Works Building in Mexico Beach. Mayor Wolff andi thei following Councilmembers were present: Linda Hamilton, Jerry Smith, Jason Adams and Tim Linderman. Also present were City Administrator, Chris Hubbard, City Clerk, Tammy Brunson and City Attorney  Tim Sloan.  Call to order: Mayor Wolff called the meeting to order at 9:00 am.  II.  Consent Agenda: Meeting minutes from the April 9, 2024, April 23, 2024, May 22, 2024, and May 28, 2024 meetings were brought to the table. Mayor Wolff said in the April 23, 2024, minutes Steve Coxi is referenced  and it needs to be changed to Gary Cox. Consent agenda was approved unanimously.  III. Regular Business:  1. Tommy Davis awarded Sam Buccieri with the Employee of the Month Award for April and Reubin Cleckley 2. Ordinance 838 (First Reading) Amending the Land Development Code pertaining to accessory uses and structures was brought to the table. Open public comment at 9:10 am. No public comments were made. Public comment closed at 9:10 am. Mrs. Hamilton motioned, and Mr. Linderman seconded the read 3. Consideration to purchase ground penetrating radar equipment was brought to the table. Mr. Hubbard explained the need fort the Utilities Department to have the equipment for locates. Open public comment at 9:26 am. No public comments were made. Public comment closed at 9:26 am. Mr. Smith motioned, and Mrs. Hamilton seconded to approve al budget amendment for $25,007.00, with 50% coming from the current water budget and the other 50%1 from the current sewer budget to purchase ground penetrating  with the award for May.  Ordinance 838 byt title only. Motion passed unanimously  radar equipment. Motion passed unanimously.  4. Financial Report - Mr. Hubbard went over the financial report and answered questions.  IV. Citizens Comments.:  Lorene Lindsey brought up her concerns about wastewater capacity. She asked that they concurrency report isi included with the water quality report that goes out to all residents in. June. Frank Long talked about the 15th St Bridge and its safety for pedestrians. He asked for some sort ofl lighted crosswalk signal to stop traffic on 15th so pedestrians could cross safely. Michele Miller asked why the agenda and packet for the meeting Mayor Wolff addressed the beach flag system. He stated Bay County is making changes to their system and  were not on the website. Mayor Comments:  V.  he would like to wait to see what they do before we try to introduce something here.    City of Mexico Beach Meeting Minutes TUESDAY JUNE 11, 2024-9:00AM  VI. Council Comments:  Mrs. Hamilton said she attended a meeting in Port St. Joe and said they are looking at a moratorium on building in Windmark due to water and sewer capacity issues. She also raised concern about houses that have still not been fixed from the storm and what can we do. Mr. Linderman asked for an update on the MobiMats, kayak launch and the pier. He also stated hei is working on getting wastewater capacity numbers together to be presented at a future meeting. Mr. Adams asked ift the washouts around the walkways could bei filled in. Mr. Smith thanked everyone for help parking trucks and trailers at the boat ramp over the  weekend. VII. Staff Comments:  1. City Administrator - Mr. Hubbard stated the agenda and packet for the meeting that Michele Miller stated were not available on the website, were in fact there. He talked about the department statistics report he handed out to council and noted the rereads that were done last month. The new meters that were approved at the last meeting will help correct this and will save the city money in the long run. He reminded everyone about the Blood Drive on the 19th and the Gollywhopper Fishing Tournament on the 215tand 22nd. He said the 2021 audit should be done this week and will be turned into the State by the. June 30th deadline. CRI already has most items together to move right into the 2023 audit. He has received the preliminary numbers from the county for the ad valorem taxes. He will send out notification on a budget hearing 2. City Attorney- - Mr. Sloan went over the process fori the Farmdale annexation including public notices and  schedule and noted the funding for the. Jetties should be in next week.  meetings.  XI.  Adjournment: Mr. Adams and Mrs. Hamilton motioned to adjourn the meeting at 10:18 am.  By:  Attest:  Mayor, Richard Wolff  City Clerk, Tammy Brunson    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: June 25, 2024 Department: Public Hearing: K Yes D No Date of Public Hearing: June 25,2024  Planning  Consent Regular Closed Agenda Agenda Session  PRESENIENINFORMATON CONTACT: Allara Mills-Gutcher  ITEM TO BE CONSIDERED Subject:  Second reading of an ordinance to adopt changes to the Land Development Code regarding the language  pertaining to accessory uses and structures in Sections 2.02.02, 2.04 and 2.05.  Attachment(s):  Draft changes in strikethrough and underline; adoption ordinance.  Brief Summary:  This LDC amendment is presented in order to provide clarity and certainty within the Land Development Code regarding accessory uses and structures. Currently, the terms are usedi interchangeably and are confusing to  best implement the regulations.  Action Requested: Approval.  ISSUE OVERVIEW  Background Information & Issue Summary:  Thel Local Planning Agency (P&Z) first heard this item in December 2023. The item was tabled for additional time forr review. It came to the P&Z again on April 1, 2024 and was recommended for approval by unanimous vote,  with changes. The Council heard this item on June 11 as ai first reading.  Financial Impacts: None    Staff RecommendatonsCommens Staff recommends approval as presented.    Exhibit "A"  2.02.02 Zoning Districts A. Residential Low Density 1.District Intent  2.A Allowable Location allowed within thel Residential Future Land Use Category. 5.Prohibited Uses  This zoning district allows for single family residential at a The Residential Zoning District is  maximum density of6 6 dwelling units per acre and non- residential development as defined below.  3.P Principal Uses  4. Uses Allowed With Council Approval a. Docks, piers, Waters.  6-Aceessery-Uses  a. Residential single family b. Outdoor recreational uses, golfcourses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, C. Water-related or water- dependent uses, including boat ramps and fishing docks and piers d. Similar outdoor recreational uses, whether public or private. e. Educational facilities (public or f. Public buildings and grounds g. Pre-school and day care facilities (public or private) h. Churches Residential care facilities, Group homes k. Other similar institutional uses.  a. Mobile homes e--Allewed-Pele  wharves, and similar b. RV parks  barms,teelsheds, garages; greenhouses; and-het-tubs; gazebes,private faeilities-ftennis; degheuses; bathheuses,and  including arboretums, hiking trails, structures in City  C. Landfills. d. Hazardous waste collection sterage-sheds,peels and handling centers. e. Borrow pits. Feereational f. Pastures, forestry, feed lots, basketbal,ete-) and buildings which are an accessory to these ether-eustemary agricultural uses. uses-metrestrieted g. Junkyards and erprelbied-eHher: salvage yards. h. Firing ranges nature-ef . Marinas J. Miniature golf b.Restrieted: courses k. Race tracks square-feet 1. Medical marijuana treatment center etheruses: Impervious Surface Ratio 0.40  private)  speeifieally-erby Perlemmanee-belew. Playheuses-(100 maximum) e--Prehibited-AH  6.Development Standards  Setbacks Side 7.5 feet  Max Height 321 feet  Front 201 feet B. Residential General 1.District Intent  Rear 101 feet 101 feet  Corner  2.A Allowable Location  This zoning district allows for single family and multi-  Thel Residential General Zoning District  family residential at a maximum density of6 dwelling units isa allowed within the Residential per acre and non-residential development as defined below. General Future Land Use Category.    3.P Principal Uses b. Multi-family trails, golfcourses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, d. Water-related or water- dependent uses, including boat ramps and fishing docks and e. Similar outdoor recreational uses, whether public or private. f. Educational facilities (public or private) g. Public buildings and grounds h. Pre-school and day care facilities (public or private) i. Churches j. Residential care facilities, k. Group homes 1. Other similar institutional uses.  4. Uses Allowed With Council Approval  5.F Prohibited Uses 6-Aeeessery-Uises a. Mobile homes e-Allewed-Pele  a. Residential single family a. Condominiums including arboretums, hiking City Waters.  b. Docks, piers, wharves, b. RV parks  barns,teelsheds; garages; greenhouses; and-het-tubs; gazebes,private faeilities-ftennis, degheuses; bathheuses;  C. Outdoor recreational uses, and similar structures in C. Landfills.  d. Hazardous and handling centers. f. Pastures, and buildings which are an  waste collection steragesheds,peels e. Borrow pits. reereational forestry, feed lots, basketbali,eleh accessory to these persenal-serviee agricultural uses. businesses-where g. Junkyards and the-serviee-is salvage yards. h. Firing ranges individual-te- i. Marinas j. Miniature golf ethereustomary courses k. Race tracks 1. Medical marijuana  piers  perfemmeden-an dvidwal-basis-and uses-metrestrieted erprohbiedeither speeifieally-er-by nature-ef b.Restrieted: Play-heuses-(100 squarefeet maximum) e-Prehbited-Al etheruses: Max Height 32 feet  treatment center periermanee-belew,  7 6.D Development Standards  Setbacks Side 7.5 feet  Impervious Surface Ratio 0.40  Front 201 feet  Rear 10 feet  Corner 10f feet  C.High) Density Residential 1.I District Intent  2. Allowable Location The High) Density Residential Zoning  This zoning district allows for single family and multi-  family residential at ai maximum density of 8 dwelling units District is allowed within thel High per acre and non-residential development as defined below. Density Residential Futurel Land Use  Category.  3.1 Principal Uses  4. Uses Allowed With Council Approval  5.1 Prohibited Uses 6-Aeeessery-Uises    a. Residential single family a. Condominiums C. Outdoor recreational uses, wharves, and similar  a. Mobile homes e-Allewed-Pele  b. Multi-family trails, golfcourses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, d. Water-related or water- dependent uses, including boat ramps and fishing docks and piers e. Similar outdoor recreational uses, whether public or private. f. Educational facilities (public or private) g. Public buildings and grounds h. Pre-school and day care facilities (public or private) i. Churches Residential care facilities, k. Groupl homes . Other similar institutional uses.  b. Docks, piers,  b. RV parks C. Landfills. waste collection and handling centers. e. Borrow pits. f.P Pastures, and buildings which are an  barns,teelsheds, garages; greenheuses; sterage-sheds-peels and-hot-tubs; gazebes,private Feereational faelhties-ftemnis; deghouses; bathhouses;  including arboretums, hiking structures in City Waters. d. Hazardous  forestry, feed lots, basketball,ete-) accessory to these persenal-serviee agricultural uses. businesses-where g. Junkyards and the-serviee-is h. Firing ranges individual-te- j. Miniature golf ethereustemary  salvage yards. Marinas courses k. Race tracks I. Medical marijuana treatment center  periemmeden-an individmalbasis-and uses-metrestrieted erprehbtedeither: speeiealy-erby natureef perfermaneebelew. b.Restrieted: Play-heuses-(100 square-eet-ma. e-Prehbied-AH etheruses Max Height 32 feet  6.Development Standards  Setbacks Side 7.5 feet  Impervious Surface Ratio 0.50  Front 20 feet D. Townhome District 1.I District Intent  Rear 101 feet  Corner 10: feet  2. Allowable Location  This zoning district is created to specifically allow common The Townhome District is allowed single family attached and multi-family attached residential Future Land Use Category.  wall townhomes within the City. This district allows for dwelling units at a maximum density of8 dwelling units per  within thel High Density Residential  acre. 3.1 Principal Uses attached b. Multi-family C. Residential care facilities, d. Group homes  4. Uses Allowed With Council Approval and similar structures in City Waters.  5.1 Prohibited Uses homes b. RV parks C. Landfills.  6--Aeeessery-Uses -Alewed-enly theimpervious surfaeeis-less-han the-maximum greenhouses,peels  a. Residential single family, a. Docks, piers, wharves, a. Mobile  d. Hazardous allewed:-Sheds; waste collection detaehedgarages,    and handling centers. f. Pastures, forestry, feed lots, and tot these agricultural uses. and salvage yards. h. Firing ranges Marinas J. Miniature golf courses k. Race tracks 1. Medical marijuana treatment center Impervious Surface Ratio 0.85  and-het-tubs; garebes,degheuses, servieebusinesses: where-the-serviee-is perfermeden-an Hherestematy-uses met-restrieteder prehibited-either nature-of perfermemee-belew:, b-Prehibited:-AH etheruses  e. Borrow pits. bathhouses-persemal buildings which individual-te- are an accessory individwal-basis-emd g. Junkyards speeifieally-erby  7 6.D Development Standards  Setbacks Side! Ofeet  Max Height 321 feet  Front 20: feet  Rear 101 feet  Corner 101 feet  For any parcel that shares a side boundary with aj parcel is not zoned Townhome District, that Townhome  District parcel must comply with a 7.5 foot side setback on that shared side boundary.  E. General Commercial 1.District Intent  2. Allowable. Location is allowed within the General Commercial Future Land Use Category. 5.1 Prohibited Uses 6-Aeeessery-Uises  This zoning district allows for single family residential at a The General Commercial Zoning District  maximum density of18 dwelling units per acre and commercial land uses as defined below.  3.F Principal Uses  4. Uses Allowed With Council Approval    a. Community centers and fraternal lodges. studios  a. Condominiums a. Landfills. b. Docks, piers, Waters.  Restrieted: e-Areas-andsheds: halbe-enelesed-by epaguelemeimgerat height: buildings-used-fer indusiria-sterageef materials-shall-be leeated-mearerthan eme-hundred09) preperty-line. Prehibited: e-Alletheruses.  b. Hazardous and handling centers. d. Pastures, and buildings which are an  b. Commercial or trade schools wharves, and similar waste collection ereuside-sterage  such as dance and martial arts structures in City  C. Department stores and other retail sales stores, such as shoe stores, clothing stores, pharmacies, florists, and book stores. d. Funeral homes, cemeteries, and mortuaries. e. Farm and garden supply, building supply, and vehicle parts and accessories (including vehicle sales'servicerepair). f. Grocery stores, supermarkets (including convenience stores), and specialty food stores (such as meat markets and bakeries). g. Hospitals h. Service businesses such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, laundries/dry cleaners, and light mechanical repair stores (such as camera, TV, or bicycle repair shops). i. Restaurants including open air cafes. Shopping centers (but not regional malls or centers). 3.P Principal Uses  C. Borrow pits. leastsix-6-feetin forestry, feed lots, b-Ne-meeessery accessory to these hazardeus; agricultural uses. Reemdaiy,Reies; e. Junkyards and erpernicious  salvage yards. f. Medical marijuana  treatment center feet-frem-any  4. Uses Allowed With Council Approval  5.Prohibited Uses 6-Aeeessery-Uises  k. Theaters and auditoriums. I. Plant nurseries. m. Veterinary offices and animal hospital with outside kennels. n. Wholesale and retail businesses for storing and/or distributing 0. Mobile home parks, recreational vehicle, and travel trailer parks. p. Arcades, billiards/pool parlors, bowling alleys, indoor: recreational centers, and gymnasiums/spas health clubs. q. Small taverns and bars. r. Residential Single Family  goods.    S. Multi-family private)  t. Educational facilities (public or u. Public buildings and grounds V. Pre-school and day care facilities (public or private) W. Churches X. Cemeteries without funeral homes, y. Residential care facilities, Z. Group homes aa. Other similar institutional uses. bb. Personal service businesses where the service is performed on an indvidual-o-individual basis, including barber shops, beauty shops, boutiques, studios, or other similar uses. cc. Professional offices dd. Medical offices or clinics 3.1 Principal Uses Government offices Financial institutions Temporary uses, as defined in Section-XXin this Code. 76. Development Standards  4.Uses Allowed With 5. Prohibited Uses 6Aeeessery-Uises  Council Approval  Impervious Surface Ratio 0.90  Max Height  Setbacks  Front 12  Side Ofeet ifa attachment feet easement isi inj place; 5 feet ifabutting residential property  Rear 10f feet  Corner 12feet  481 feet  F. Tourist Commercial 1.District Intent  2. Allowable Location is allowed within the Tourist Commercial Future Land' Use Category.  This zoning district allows for single family residential at a The Tourist Commercial Zoning District  maximum density of18 dwelling units per acre and commercial land uses as defined below.  3. Principal Uses a. Boutiques b. Souvenir shops d. Small hotels and small motels  4.0 Uses Allowed With 5.1 Prohibited Uses  6 Aeeessery Uses Restrieted: .Areas and-sheds foreutside  Council Approval a. Condominiums b. Docks, piers,  a. Mobile homes b. RVI Parks C. Landfills.  C. Restaurants and open air cafes wharves, and similar    e. Marinas f. Single family dwellings g. Multi-family dwellings h. Gasoline sales and service 1. Gasoline sales combined with small food marts n. Outdoor recreational uses, including arboretums, hiking trails, golfcourses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, 0. Water-related or water- dependent uses, including marinas, boat ramps, fishing docks and piers p. Similar outdoor recreational uses, whether public or private. q. Educational facilities (public orp private) Public buildings and grounds S. Pre-school and day care facilities (public or private) t. Churches u. Cemeteries without funeral homes, V. Residential care facilities, W. Group homes  structures in City Waters.  d. Hazardous waste collection and handling be-enelesed centers. e. Borrow pits. f. Pastures, forestry, feed lots, and buildings feetin which are an accessory height tot these agricultural uses. .Ne g. Junkyards and salvage yards. h. Firing ranges i. Miniature golf courses J. Race tracks treatment center  sterage-shal! by-epaque feneingefat least-six-(6)  aceessery buildings used-for industrial sterage-ef hazardeus; nexious,eF pernicious materials shall-be leeated nearerthan ene-hundred (100)feet from-any property line. Prehibited: .Allether uses: Uses  k. Medical marijuana ineendiary,  3.F Principal Uses  4. Uses Allowed With 5.F Prohibited 6-Aeeessery  Council Approval  Uses  X. Other similar institutional uses. y. Personal service businesses where the service is performed on an individual-to- Z. Temporary uses, as defined in Section XX. 7.6. Development Standards  individual basis.  Setbacks Side  Impervious Max Height Surface Ratio 0.80  Front 12  Rear 101 feet  Corner 12f feet  01 feet ifattachment easement is in feet place; 5 feet ifabutting residential  32 feet  property  G. Public/Institutional 1.District Intent uses.  2.A Allowable Location Land Use Category.  This zoning district allows for public and institutional  The Public/Institutional Zoning District is allowed within the Public/Institutional Future    3.P Principal Uses (public or private) grounds C. Pre-school and day care facilities (public or private) d. Churches e. Cemeteries without funeral homes, f. Residential care facilities, g. Group homes h. Other similar institutional uses.  4.Uses Allowed With Council Approval  5.1 Prohibited Uses a. Landfills. handling centers. C. Borrow pits. feed lots, and agricultural uses. e. Junkyards and salvage yards. f. - Firing ranges g. Miniature golf courses h. Race tracks treatment center  6-Aeeessery-Uises Restrieted: ereitside-sterage hallbe-enelesedby epague-femeingefat height:  a. Educational facilities a. Condominiums  b. Docks, piers, wharves, b. Hazardous waste e-Areas-endsheds  b. Public buildings and and similar structures in City collection and  Waters.  d. Pastures, forestry, leastsix-6-feetin buildings which are bNe-aeeessery an accessory to these buldings-used-fer  desta-sterageet hazardeus; neemeaty-ReIeHS; erpemnicious materials-shall-be eeated-mearerthan ene-hundred09) preperty-lne Prehibited: eAlotheruses: Max Height 32 feet  i. Medical marijuana feetfrem-any  7-6. Development Standards  Setbacks Side Rear 7.5 feet 10feet  Impervious Surface Ratio 0.90  Front 20 feet H. Recreation 1. District Intent  Corner 20 feet  2. Allowable Location Category. 5.1 Prohibited Uses  This zoning district is intended toj provide limited active The Recreation Zoning District is allowed  and passive recreation areas open to the public.  within the Recreation Future. Land Use  3.F Principal Uses  4. Uses Allowed With Council Approval  6-Aeeessery-Uses    a. Areas for outdoor: recreational activity such as picnicking, jogging, cycling, and hiking b. Arboretums C. Golfcourses d. Playgrounds e. Ball fields f. Outdoor ball courts g. Outdoor swimming pools h. Boat ramps i. Fishing docks and piers J. Marinas k. Similar outdoor recreational uses  a. Landfills. collection and handling centers. C. Borrow pits. feed lots, and agricultural uses. e. Junkyards and salvage yards. f. Firing ranges courses h. Race tracks i. Medical center  Restrieted: ereuside-sterage shal-be-enelesed yepaque-tememg feet-in-height dstral-sterageef hazardeus; ineendiary, nexious,OF materials-shallbe leeatedmearerthan ene-hundred(109) property-line Prehibited: e-Alletherses. Max Height 32 feet  b. Hazardous waste e-Areas-amdsheds d. Pastures, forestry, efat-least-six-(6 buildings which are bNe-aeeessery an accessory to these budings-used-er  g. Miniature golf pernicious  marijuana treatment feet-frem-any  7.6. Development Standards  Setbacks Side 7.5 feet  Impervious Surface Ratio 0.80  Front 20: feet I. Preservation 1.I District Intent  Rear 10feet 20 feet  Corner  2.A Allowable Location The Preservation Zoning District is allowed within the Preservation Future Land Use Category. Uses a. Landfills. b. Hazardous waste collection and handling centers. C. Borrow pits. d. Pastures, forestry, feed lots, and buildings which are an accessory to these  This zoning district is intended toj protect and preserve natural resources and locally designated environmentally sensitive resources..  3.P Principal Uses  4. Uses Allowed With 5.P Prohibited 6  Council Approval  Aceessery Uses  Passive recreational activities such as those relating to beach activities, beach re- nourishment, and dune crossover boardwalks.    agricultural uses. e. Junkyards and salvage yards. f. Firing ranges g. Marinas h. Miniature golfcourses i. Race tracks j. Medical marijuana treatment center Impervious Surface Ratio 0.2  76. Development Standards  Setbacks Side None  Max Height None  Front None  Rear None  Corner None  Development within this district is restricted to that which is created to preserve, enhance, or mitigate previous development of natural hazard activities which have degraded the natural state. All City-owned  access to beach dunes and beach areas shall bej preserved without exception.  J. Tourist Mixed Use 1.I District Intent  2. Allowable Location  This district provides for an integrated mix of resort uses that The Tourist Mixed Use Zoning are predominantly tourist-oriented and seasonal in nature; development willl be designed to encourage connectivity among Mixed Use Future Land Use the uses and clustered to the extent practicable to provide open Category. space and toj protect environmentally sensitive areas. This zoning district allows for single family residential and multi- family at ai maximum density of2 dwelling units per acre and  District is allowed within the Tourist  commercial land uses as defined below.  3. Principal Uses a. Single family ancillary uses; C. Hotel, motel, and other Waters. temporary lodging units; d. Neighborhood and community-scale commercial; e. Beach clubs and other recreational uses; f. Public and private uses such as offices and services; g. Religious institutions; h. Marinas and water related facilities;  4. Uses Allowed With Council 5.P Prohibited Uses 6.Aecessery  Approval a. Condominiums similar structures in City  Uses Restrieted: Areas-and shedsfor eutside-storage enelesed-by epaque feneing-efat  a. Mobile home b. Landfills. C. Hazardous waste collection and shall-be handling centers. d. Borrow pits. e. Pastures,  b. Multi-family, and any b. Docks, piers, wharves, and parks  forestry, feed lots, least-six-(6) and buildings which feet-in-height are an accessory to b.Ne these agricultural uses. f. Junkyards and forindustrial salvage yards.  aeeessery buildings-used sterage-ef    1. Infrastructure j. Entertainment facilities.  g. Medical center  hazardeus; nexieus,eF pernicious materials-sha!! be-leeated mearerthan ene-hundred (100)feet frem-any preperty-line Prehibited: Allether uses:  marijuana treatment meendiary,  76. Development Standards  Setbacks Side  Impervious Surface Ratio 0.70  Max Height 481 feet  Front feet  Rear Corner feet  12 Ofeet ifattachment easement is in place; 5 feet 20 121 feet  ifabutting residential property  8. Development Restrictions ofthet total land area.  A. In the Tourist Mixed Use Zoning District at least three principal uses must be developed on the subject property, one ofwhich is required tol be a residential use. Noj principal use shall be less than 10% B. Where practicable, native vegetation will be used for residential lots and common open spaces. Native vegetation to be used can be identified from Waterwise Florida Landscape as produced by C. Connection to central water and sanitary sewer: systems shall be required prior to any certificate of D. The Tourist Mixed Use Zoning District may be implemented through the Planned Unit E. A property must be under single ownership or under unified control at the time the Tourist Mixed  Florida's water: management districts. occupancy being issued.  Development process as defined in this Code.  Use category is assigned. 2.03.00- - RESERVED  2.04.00 ACCESSORY STRUCTURES issues to surrounding areas. Definitions PAmepa-Strweture  It is the purpose oft this Article to regulate the installation, configuration, and use of accessory structures in order to ensure that they are: not harmful itheraesthetealyyerplysieally to residents and cause safety  Fhepmmepa-sieHeshAsecemsiHemetediwelamgHBeHse,eFsemmereial-use-lesateden Principal Structure: the main building or other structure on al lot that is utilized for the property's principal  e1eHtnat-cemaims-mepmmepa-se.  use. Prineipal-Use  Hheprmary-se-Oneetasallowed: by the Zening Distriet within-whieh the Hotis-leeated.    Accessory structure:  A structure ofar nature incidental and subordinate to the principal structure. Accessory structures shall be located on the same lot as the principal structure to which they are accessory. RAHePMPeAAA Fotesaepeiserwhereahding is-attachedtet the prineipal buaingtahal-heeomsideredepart A-uise-efe-matureecusomarly-anderunetemal4y-imeidenta-ande suberdinate eprisphumalw.  ---y Aeeessery-use (Ord.711, passed 2-5-2019)  2.04.01 General Standards and Requirements  Any number of different accessory structures may be located on a parcel, provided that the following A. There shall be a permitted principal develepment structure on the parcel, located in full compliance with all standards and requirements of this Code. No accessory structure shall be permitted until the B. Accessory structures shall not be located within any easement, required buffer, landscape area, OF minimum building setbaek area in the front yard of the principal structure, or within required parking C. Accessory structures shall bei included in all calculations ofimpervious surface and stormwater runoff. D. Accessory structures shall be shown on any concept development plan with full supporting  requirements are met:  principal structure is complete., A variance from this provision is not allowed.  areas.  documentation of compliance with Articles II and III oft this Code.  E. Maximum size of accessory structures  1. The total square footage for all accessory structures on a lot shall not exceed seventy-five PeremSHAliyis0! percent oft the square footage oft the primary structure. 2. Ac combination of square footage of both the primary structure and accessory structure may not exceed the allowable densities and intensities within each Zoning District as stated in F. Personal Vyehicles, ineluding manufactured housing, and mobile homes; shall not be used as  Article II Section 2.02.02 of this Code.  accessory structures G. Standards  All accessory structures shall comply with the following standards:  1. Twelve (12) feet maximum height ins residential-Zening Distrietsthe Residential Low Density (RLD), Residential General (RG), High Density Residential (HDR), and Townhome District (TD), twelve-and limited to the primary structure height limit for other zoning districts.412) RetincmmeialZmine Distriets and PEeNwtha Structures used as a detached garage or boat house in the RLD, RG, HDR. and TD districts may increase the accessory structure maximum height to sixteen (16) feet. 2. No noise, glare, odor, vibration, or fumes shall be produced by or emitted from the accessory structure itself or due to activities performed within the accessory structure. 2.3. Setbacks shall be at minimum: five (5) from the side and rear property lines. Alaeessegy-sielemutsyerp-iremesef24102eFlhisCede.  I. All accessory structures shall comply with standards pertaining to thej principal use, unless exempted  or superseded elsewhere in this Code. (Ord. 711, passed 2-5-2019)  2.04.02 Swimming Pools, Hot Tubs, and Similar Structures  A. Swimming pools shall be permitted only in side and rear yards and shall not encroach into any required  building setback.    B.B.) Enclosures for pools shall be considered aj part oft the principal structure and shall comply with standards for minimum distance between buildings, yard requirements, and other building location requirements ofthis : Alpoelshalhecemplelelyemeleses with an appreved areraspertheern gele halcempletelysureumdhepoo-ane shall heefaufeendemiyi--aaitencele-le C.Ne-everhead eleetrie pewer lines shall pass-ever any poeh-umless-emeleses. in-cenduit and igidly-supported, and shall confomm-te-the haf-M-weC-NePw e-halleaehaiese-fm-hey poels-wateredge D.J Excavations for pools to be installed for existing dwellings shall not exceed a 2:1 slope from  Code.  enelesed-area threugh ueefsaFela-ing-miFlaagdar  the foundation of thel house, unless a trench wall is provided.  (Ord. 711, passed 2-5-2019) 2.04.03 Fences  A. All fences to be built shall comply with the Florida Building Code. The posts of each fence must be resistant to decay, corrosion, and termite infestation. The posts must also be pressure-treated for B. Fences or hedges may be located in all side and rear yard setback areas. No fence located in the side and rear yard setbacks shall exceed the height of six (6) feet. Hedges located in front yards shall not No fences shall be placed in front yards (the yard abutting a road or public right-of-way and defined by extending the line of the front wall oft the principal structure to the side property lines) except as D. The waterfront side of any property shall conform to the same fence type and placement standards as E. Ina areas where the property faces two (2) roadways or is located in any other area construed to be a corner lot, no fence orl hedge exceeding two (2) feet shall be located int the vision triangle, as required G. Noi fence or hedge shall be constructed or installed in such a manner as to interfere with drainage on H. Fences shall require permits subject to standards thati includel but are not limited to fence design (type), height, material, and placement as specified by the Mexico Beach City Council and this Code. 1. A fence required for safety and protection of hazard by another public agency may not be subject to the height limitations above. Approval to exceed maximum height standards may be given by the Planning and Zoning Board upon receipt of satisfactory evidence of the need 2. Non-opaque decorative fences used strictly for landscape purposes and not exceeding three (3) feet in height may be placed in front yards (as defined above). A chain-link fence, for example, even if less than three (3) feet in height, does not constitute a decorative landscape  strength and endurance. exceed three (3) feet in height. provided in section 2.04.03.1.2. below. the front yard of any property.  by Article VI. thes site. Exemptions  F. Any fence shall bej placed with the finished side facing outward from the property.  to exceed height standards.  fence.  J. Materials [Reserved] (Ord. 711, passed 2-5-2019) 2.05.00 ACCESSORY USES  The purpose of this Section is to establish standards for accessory uses to ensure that they do not disrupt  otherwise allowable uses within the related zoning district.    Definitions use: Principal Use Accessory use  PaimeipalSireerethe main bulldingeretherstersiRetreem-eEis-Hlized fort Hhepmepsttv--miminal The primary use or activity on a lot as allowed by the Zoning District within which the lot is located. Au use efemalurecustomarly and/or functionally incidental and clearly subordinate to the principal use onal lot or parcel. The activity occurring must be dependent upon the primary or principal use, unless the  accessory use is temporary in nature. 2.05.01 Generally lot or parcel as the principal use. where its located. A. Purpose  Accessory uses arej permitted in all districts. Unless otherwise provided. these uses are located ont thes same Accessory uses shall not involve operations or structures not in keeping with the character oft the district  2.05.02 Home Occupations. as an Accessory Use  Toj provide peace, quiet, and domestic tranquility within all residential neighborhoods within the City, and to guarantee to all residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas.. A home occupation shall be allowed as an accessory use in al bona fide dwelling unit subject to the requirements ofthis section. B. Noj person other than those persons residing on thej premises shall be engaged in such occupation and such person must have a valid business license issued by the City of Mexico Beach. The use oft the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential D. There shall be no change in the outside appearance of the building or premises, or other visible evidence ofthe conduct ofs such home occupation, other than one (1) sign not exceeding one (1) square foot in area, non-illuminated, mounted flat against the wall of the principal building at a position not . - Not traffic shall be generated by such occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met offt the street and other than in a front yardi required pursuant to this Code. F. No equipment, tools, or process shall be used in such al home occupation which creates interterence to neighboring properties due to noise, vibration, glare, fumes, odors, or electrical interference. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, telephone, or television receivers off the premises or causes fluctuations in G. Fabrication of articles commonly classified under the terms arts and handicrafts may be deemed a home occupation, subject to the other terms and conditions oft this definition, and providing no retail I. The following shall not be considered home occupations, and shall be treated as commercial uses: band instrument instruction, studio for group instruction, public dining facility or teai room, antique or  character oft the structure.  more than two (2) feet from the main entrance ofthe residence.  line voltage off thej premises. sales are made at the home.  H. Outdoor storage of materials shall not be permitted.    gift shops, outdoor repair, food processing, retail sales, nursery school; or kindergarten with greater J. At no time shall any home occupation generate the need for more than two (2) parking spaces at once, K. Atnotime shall any home occupation become ai nuisance toi neighboring properties through generation L. The giving of individual instruction to one (1) person at a time such as an art or piano teacher, shall be deemed an acceptable home occupation; individual instruction as a home occupation for those M. Day care shall be considered a home occupation when limited to five (5) children at any given time N. There shall be no entrance or exit way specifically provided in the dwelling or on thej premises for the O. The owner(s) and other individual(s) primarily responsible for the home occupation shall live within P. Deliveries from commercial suppliers may not be made more than once each week and the deliveries The lists of home occupations that are allowed or prohibited in this section are by no means comprehensive, but instead are intended to serve as examples of acceptable and unacceptable home R. Ahome occupation shall bes subject to all applicable city/county occupational licensing requirements, S. Any violation the standards and requirements set forth in this section may result in the permanent termination of the home occupation or for a period to be determined by the Mexico Beach City  than five children.  in addition to the two (2) spaces required for a dwelling unit.  ofnoise, odor, fumes, vehicular traffic generation, eyesore, or any other manner.  activities listed inj paragraph I above shall be prohibited. and subject to the provisions of paragraph K above. conduct of the home occupation thereon.  the dwelling unit where said home occupation is located. shall not restrict traffic circulation nor cause nuisances of any kind.  occupations.  fees, and other business taxes.  Council.  ON-7R-39    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAITEM#  Agenda Abstract Form Meeting Date: 06-25-2024 Department: Public Hearing: K Yes - No Date of Public Hearing:  Admin  Agenda Consent Regular Agenda Closed Session  PRESENIENINFORMATION CONTACT: SANDY WALKER, FIRE CHIEF  ITEM TO BE CONSIDERED Subject:  Resolution 24-03 Adopting a revision of the Florida Statewide Mutual Aid Agreement  Attachment(s): Brief Summary: digital portal. Action Requested:  Resolution 24-03 and Statewide Mutual Aid Agreement  Revision to the Florida Statewide Mutual Aid Agreement. The FDEM SMAA process must now be completed through a  The adoption and authorized signature for the Statewide Mutual Aid Agreement in order to maximize the prompt, full and  effective use of resources of all participating governments in the event of an emergency or disaster.  ISSUE OVERVIEW Background Information & Issue Summary: See attached documents Financial Impacts:  Staff ecommercatonsCommens  Approval of Resolution 24-03 and Statewide Mutual Aid Agreement    RESOLUTION 24-03  A RESOLUTION OF THE CITY OF MEXICO BEACH, FLORIDA. ADOPTING THE STATEWIDE MUTUAL AID AGREEMENT AND RECITING AN  EFFECTIVEDATE.  WHEREAS, the State ofF Florida Emergency Management Act, Chapter 252, authorizes the State and its political subdivisions to provide emergency aid and assistance int the event ofa disaster or WHEREAS, the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or its political subdivisions for use in the affccted area upon the request of the duly constituted authority of the area; and WHEREAS, this Resolution authorizes the request, provision, and receipt ofi inter-jurisdictional mutual assistance in accordance with the Emergency Management Act, Chapter 252, among NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, that in order to maximize the prompt, full and effective use ofresourcesofall participating govemments in the event of an emergency or disaster, wel hereby adopt the Statewide Mutual Aid. Agreement which is attached hereto and incorporated by reference. PASSED AND DULY ADOPTED by the City Council oft the City of Mexico Beach on this 25th  emergency; and  political subdivisions with the State; and  day ofJune, 2024.  CITY OF MEXICO BEACH, FLORIDA  Richard Wolff, Mayor  ATTEST:  Tammy Brunson, City Clerk    STATE OF FLORIDA  FDEM  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  STATEWIDE MUTUAL AID AGREEMENT-2023  This Agreement is an acknowledgment of receipt by the Florida Division of Emergency Management ("the Division") and the local government ("Participating Party") signing this Agreement. Execution oft this agreement replaces all previous iterations and is active until a new  agreement is drafted and requested by The Division.  This Agreement is based on the existence of the following conditions:  A. The State of Florida is vulnerable to a wide range of emergencies and disasters that are likely to cause the disruption of essential services and the destruction of the B. Such emergencies and disasters often exceed the emergency response and recovery C. Suchi incidents may also give rise to unusual and unanticipated physical and technical needs which al local government cannot meetv withe existing resources, but that otherl local D. The Emergency Management Act, chapter 252, Florida Statutes, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid in case of emergencies too extensive tol be dealt with unassisted, and through such agreements ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Pursuant to chapter 252.32, Florida Statutes, the Division renders mutual aid among the political subdivisions of the state to carry out emergency management functions F.F Pursuant to chapter 252, Florida Statutes, the Division has the authority to coordinate and direct emergency management assistance between local govemments and  infrastructure needed to deliver those services. capabilities of any one county or local government.  governments within the State of Florida may be able to provide.  and responsibilities.  concentrate available resources where needed.  Based on the existence oft the foregoing conditions, the Parties agree tot the following articles: As used ini this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which shall be referred to as the Statewide Mutual  ARTICLE !: DEFINITIONS  Aid Agreement ("SMAA").  DIVISION EADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www.E FloridaDisaster.org  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  B. The' "Division" is the Florida Division of Emergency Management.  C.A" "Requesting Party" to this Agreement is al Participating Party who requests assistance D. An "Assisting Party" to this Agreement is a Participating Party who provides assistance E. The "Period of Assistance" is the time during which an Assisting Party renders assistance to a Requesting Party under this agreement and includes the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return toi their place F. A' "Mission" is a documented emergency response activity performed during a Period of G.A" "local government" is any educational district, special district, or any entity that is a "local governmental entity" within the meaning of section 11.45(1)(g), Florida Statutes. H. An "educational district" is any school district within the meaning of section 1001.30, Florida Statutes, and any Florida College System Institution or State University within - A "special district" is any local or regional governmental entity which is an independent special district within the meaning of section 189.012(3), Florida Statutes, established by local, special, or general act, or by rule, ordinance, resolution, or interlocal J. A"tribal council" is the respective governing bodies of the Seminole Tribe of Florida and Miccosukee Tribe of Indians recognized as special improvement district by section K. An "interlocal agreement" is any agreement between local governments within the L.A A" Resource Support Agreement" as used in this Agreement refers to a supplemental agreement of support between a Requesting Party and an Assisting Party. M. "Proof ofwork" as used ini this Agreement refers to original and authentic documentation of a single individual or group of individuals' emergency response activity at a tactical  under this agreement.  toal Requesting Party under this agreement.  oforigin.  Assistance, usually in reference to one operational function or activity.  the meaning of section 1000.21, Florida Statutes.  agreement.  285.18(1), Florida Statutes.  meaning of section 163.01(3)(a), Florida Statutes.  level.  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 Mww-FlonidaDsaster.org  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEM  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  N. "Proof of payment" as used in this Agreement refers to original and authentic documentation of an emergency response expenditure made by an Assisting Party. 0.A'Reimbursement Package" as used int this Agreement refers to at full account of mission response documentation supported by proof of work and proof of payment. P.A Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, Chapter 252, Florida  Statutes.  ARTICLE I: APPLICABILITY OF THE AGREEMENT  Any Participating Party, including the Division, may request assistance under this Agreement for a"major disaster" or' catastrophic disaster" as defined in section 252.34, Florida Statutes, minor disasters, and other such emergencies as lawfully determined by a Participating Party.  ARTICLE II: INVOCATION OF THE AGREEMENT  In the event of an emergency or anticipated emergency, a Participating Party may request assistance under this Agreement from any other Participating Party or the Division if, in the judgement of the Requesting Party, its own resources are inadequate to meet the needs of the A. Any request for assistance under this Agreement may be oral, but within five (5) calendar days must be confirmed in writing by the Requesting Party. All requests for assistance under this Agreement shall be transmitted by the Requesting Party to another Participating Party or the Division. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Division, the Requesting Party and Assisting Party shall keep the Division advised of their activities. B. The Division shall relay any requests for assistance under this Agreement to such other Participating Parties as it may deem appropriate and coordinate the activities of the Assisting Parties to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the State's Comprehensive Emergency  emergency or disaster.  Management Plan.  ARTICLE IV: RESPONSIBILITIES OF REQUESTING PARTIES  To the extent practicable, all Requesting Parties shall provide the following information to their respective county emergenoymanagement agency, the Division, and thei intended Assisting Party or Parties. In providing such information, Requesting Parties should utilize Section I of the  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 wwwloridaDiaste.or  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  Resource Support Agreement (RSA) Form, available via the Division approved documents  SharePoint site1.  A. A description of the Mission to be performed by the Assisting Party;  B. A description of the resources and capabilities needed to complete the Mission C. The location, date, and time personnel and resources from the Assisting Party should arrive at the incident site, staging area, facility, or other location designated by the D. A description of the health, safety, and working conditions expected for deploying  successfully;  Requesting Party; personnel;  E. Lodging and meal availability; F.A Any logistical requirements;  G.A description of any location or facility outside the territorial jurisdiction of the Requesting Party needed to stage incoming resources and personnel; H. The location date, and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and At technical description of any communications equipment needed to ensure effective information sharing between the Requesting Party, any Assisting Parties, and all  relevant responding entities.  ARTICLE V: RESPONSIBILITES OF ASSISTING PARTIES  Each Party shall render assistance under this Agreement to any Requesting Party to the extent practicable that its personnel, equipment, resources, and capabilities can render assistance. If upon receiving a request for assistance under this Agreement a Party determines that it has the capacity to render some or all ofs such assistance, it shall provide the following information without delay to the Requesting Party, the Division, and the Assisting Party's County emergency management agency. In providing such information, the Assisting Party should utilize the Section Iof the Resource Support Agreement (RSA) Form, available via the Division approved  documents SharePoint site.  'FDEM approved documents such as activity logs andr mutuala aidf forms canb bef foundat:  oniedadamwpPPPAANFAOCFROC, Documents-FomsAlilemsapew-7B6F3CF78DA2DCOM2DP4BE2X2D809S2DC8909070068  6%7D  DIVISION MEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 wwwFloridaDiaster.org  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  A. A description of the personnel, equipment, supplies, services and capabilities it has available, together with a description of the qualifications of any skilled personnel; B. An estimate oft the time such personnel, equipment, supplies, and services will continue C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and D. A technical description of any communications and elecommunications equipment available for timely communications with the Requesting Party and other Assisting E. The names and contact information of all personnel whom the Assisting Party has  to be available;  services to the location(s) specified by the Requesting Party;  Parties;  designated as team leaders or supervisors; and F.A An estimated cost for the provision of assistance.  ARTICLE VI: RENDITION OF ASSISTANCE  The Requesting Party shall afford the emergency response personnel of all Assisting Parties, while operating within the jurisdictional boundaries of the Requesting Party, the same powers, duties, rights, and privileges, except that ofa arrest unless specifically authorized by thel Requesting Party, as are afforded the equivalent emergency response personnel of the Requesting Party. Emergency response personnel of the Assisting Party will remain under the command and control of the Assisting Party, but during the Period of Assistance, the resources and responding personnel of the Assisting Party will perform response activities under the operational and tactical A. Unless otherwise agreed upon between the Requesting and Assisting Party, the Requesting Party shall be responsible for providing food, water, and shelter to the personnel of the Assisting Party. For Missions performed in areas where there are insufficient resources to support responding personnel and equipment throughout the Period of Assistance, the Assisting Party shall, to the fullest extent practicable, provide their emergency response personnel with the equipment, fuel, supplies, and technical resources necessary to make them self-sufficient throughout the Period of Assistance. When requesting assistance, the Requesting Party may specify that Assisting Parties send only self-sufficient personnel and resources but must specify the length of time  control oft the Requesting Party.  self-sufficiency should be maintained.  DIVISION EADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www.FiondaDsaster.org  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  B. Unless the Requesting Party has specified the contrary, it shall, to the fullest extent practicable, coordinate all communications between its personnel and the responding personnel of the Assisting Parties, and shall determine and share the frequencies and other technical specifications of all communications equipment to be used, as C.F Personnel of the Assisting Party who render assistance under this Agreement shall receive the usual wages, salaries, and other compensation as are normally afforded to personnel for emergency response activities within their home jurisdiction, and shall have all the immunities, rights, interests, and privileges applicable to their normal employment. If personnel of the Assisting Party hold local licenses or certifications limited to the jurisdiction ofi issue, then the Requesting Party shall recognize and honor those licenses or certifications for the duration of the Period of Assistance.  appropriate, with the deployed personnel of the Assisting Parties.  ARTICLE VII: REIMBURSEMENT  After the Period of Assistance has ended, the Assisting Party shall have 45 days to develop a full reimbursement package for services rendered and resources supplied during the Period of Assistance. All expenses claimed to the Requesting Party must have been incurred in direct response to the emergency: as requested by the Requesting Party and must be supported by proof To guide the proper documentation and accountabilty of expenses, the Assisting Party should utilize the Claim Summary Form, available via the Division approved documents SharePoint site as aguide and summary ofe expense to collecti information to then bei formally submitted for review Toreceive reimbursement for assistance provided under this agreement, the Assisting Party shall provide, at a minimum, the following supporting documentation to the Requesting Party unless A. Acomplete and authentic description ofexpenses incurred by the Assisting Party during  ofwork and proof of payment.  by the Requesting Party.  otherwise agreed upon between the Requesting and Assisting Parties:  the Period of Assistance;  B. Copy of a current and valid Internal Revenue Service W-9 Form;  C. - Copies of all relevant payment and travel policies in effect during the Period of D. Daily personnel activity logs demonstrating emergency response activities performed for all time claimed (for FDEM reimbursement Division approved activity logs will be  Assistance;  required for personnel activity claims);  DIVISION EADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www-FlondaDiaster.ory  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  E. Official payroll and travel reimbursement records for all claimed personnel expenses; F. Neat and comprehensive fringe benefit calculations for each position class or category G. Written justification for all additional expenses/purchases incurred during the Period of H. Proof of payment for calonalmscelaneous expenses incurred during the Period of - Equipment activity logs demonstrating equipment use and operation in support of emergency response activities for all time claimed (for FDEM reimbursement Division J. Proof of reimbursement to all employees who incurred emergency response expenses  of claimed personnel; Assistance; Assistance  approved forms will be required for equipment activity claims);  with personal money;  K. Justification for equipment repair expenses; and  L. Copies of any applicable supporting agreements or contracts with justification. Ifa dispute or disagreement regarding the eligibility of any expense arises, the Requesting Party, Assisting Party, or the Division may elect binding arbitration. If binding arbitration is elected, the Parties must select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Division, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a Ifthe Participating Parties do not elect binding arbitration, this agreement: and any disputes arising thereunder shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. Nothing in this Agreement shall be construed to create an employer-employee relationship or a partnership or joint venture between the participating parties. Furthermore, nothing contained herein shall constitute a waiver by either Party ofi its sovereign immunity or the provisions of section 768.28, Florida Statutes. Nothing herein shall be construed as consent by  thus chosen shall select another such official as ai third arbitrator.  majority oft the arbitrators shall bind the parties and shall be final.  either Party to be sued by third parties. DIVISION EADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www.PonGAPasterog  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL: 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  ARTICLE VIIl: COST ELIGIBLE FOR REIMBURSEMENT  The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employees and the Assisting Party, the employees shall have all the duties, responsibilities, immunities, rights, interests, and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA' s Schedule of Equipment, or at any other rental rate agreed to by the Requesting Party. In order to be eligible for reimbursement, equipment must be in actual operation performing eligible work. The labor costs of the operator are not included in the rates and should be approved separately from equipment costs. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. Ifthe equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for C.T The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage, and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like  tor make the Assisting Party whole to the fullest extent practicable.  ofe employment.  any of the costs for such damage that may otherwise be payable.  DIVISION MEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www-FlpndaDsaster.or  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  supplies in usable condition and ofl like grade, quality and quantity within the time allowed D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit requirements specified in the regulations of FEMA and any applicable circulars issued by the State of Florida. Upon reasonable notice, the Assisting Party shall make its records available the Requesting Party for inspection or duplication between 8:00 a.m.  for reimbursement under this Agreement.  and 5:00 p.m. on all weekdays, except for official holidays.  ARTICLE IX: INSURANCE  Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing int this Agreement: shall be construed toi require any Participating A. Each Participating Party shall procure employers' insurance meeting the requirements of the Workers' Compensation Act, as amended, affording coverage for any of its employees who may be injured while performing any activities under the authority oft this B. Participating Parties may elects additional insurance affording liability coverage for any activities that may be performed under the authority of this Agreement. C. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any. judicial or quasi-judicial proceeding. D. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties and shall not be deemed to be the agent of any other Participating Party. E. Nothing in this Agreement shall be construed to relieve any Participating Party of liability F. Nothing in this Agreement shall be construed to obligate any Participating Party to  Party to procure insurance.  Agreement, and shall be provided to each Participating Party.  for its own conduct and that of its employees.  indemnify any other Participating Party from liability to third parties.  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www.FlonidaDiaster.org  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  ARTICLE X: GENERAL REQUIREMENTS  Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements int the performance oft this Agreement: A. All Participating Parties shall allow public access to all documents, papers, letters, or other materials subject toi the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. B. No Participating Party may hire employees in violation of the employment restrictions in C.N No costs reimbursed under this Agreement may be used directly ori indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of D.A Any communication to the Division under this Agreement shall be sent via either email, the Division of Emergency Managements Enterprise System (DEMES), or mail to the Response Bureau, Florida Division of Emergency Management, 2555 Shumard Oak E. Any communication to a Participating Party shall be sent to the official or officials specified by that Participating Party. For the purpose of this section, any such communication may be sent by the U.S. Mail, e-mail, or other electronic platforms.  the Immigration and Nationality Act, as amended.  its agencies.  Boulevard, Tallahassee, Florida 32399-2100.  ARTICLE XI: EFFECTS OF AGREEMENT  Upon its execution by a Participating Party, this Agreement shall have the following effect with A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, responsibilities, and obligations of that Participating Party under the Statewide Mutual Aid Agreement of 1994, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Statewide Mutual Aid Agreement of 1994, regardless of whether such costs are billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under the Public Works Mutual Aid Agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Public Works Mutual Aid Agreement,  respect to that Participating Party:  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www.FpidaDisaste.or  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEM  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  regardless of whether such costs are billed or unbilled. that the former may be inconsistent with the latter.  C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party toi the extent D. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before the renewal date thel Participating Party notifies the Division, in writing, ofi its intent E. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date ofi its execution by the Division and shall then be binding on alll Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with section F of F.A Participating Party may rescind this Agreement at will after providing the other Participating Party a written SMAA withdrawal notice. Such notice shall be provided at least 30 days prior to the date of withdrawal. This 30-day withdrawal notice must be: written, signed by an appropriate authority, duly authorized on the official letterhead of the Participating Party, and must be sent via email, the Division of Emergency ARTICLE. XII: INTERPRETATION AND APPLICATION OF AGREEMENT  to withdraw from the Agreement.  this Article.  Managements Enterprise System (DEMES), or certified mail.  Their interpretation: and application of this Agreement shall be governed by thet following conditions: A. The obligations and conditions resting upon the Participating Parties under this B. Time shall be oft the essence oft this Agreement, and oft the performance of all conditions, C. This Agreement states all the conditions, obligations, duties, responsibilities, and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities, or promises other than those  Agreement are not independent, but dependent.  obligations, duties, responsibilities, and promises under it.  expressed in this Agreement.  DIVISION EADQVARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www-FlpndaDsaster.org  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  D. Ifany sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable ori invalid, every other sentence, clause, phrase, or other portion oft the Agreement shall remain int fulli force and effect, ith being thei intent of the Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. The Division reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any sentence, clause, phrase, oro other portion oft this Agreement that conflicts with state law, regulation, or policy. Ifthe change is minor, the Division will notify the Participating Party of the change and such changes will become effective immediately; therefore, please check these terms periodically for changes. If the change is substantive, the Participating Parties may be required to execute the Agreement with the adopted changes. Any continued or subsequent use of this Agreement following the posting of minor changes to this E. The waiver of any obligation or condition ini this Agreement by a Participating Party shall not be construed as a waiver of any other obligation or condition in this Agreement. NOTE: This iteration of the State of Florida Statewide Mutual Aid Agreement will replace The Division shall provide reimbursement to Assisting Parties in accordance with the terms and conditions set forth in this Article for missions performed at the direct request of the Division. Division reimbursement eligible expenses must be in direct response to the emergency as requested by the State of Florida. All required cost estimations and claims must be executed through the DEMES Mutual Aid Portal and assisting agencies must use all required FDEM1 forms foro documentation and cost verification. Ifa Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of any such assistance. FDEM reserves the right to deny individual reimbursement requests if deemed to not be in direct IN WITNESS WHEREOF, the Parties have duly executed this Agreement on the date specified  Agreement shall signify implied acceptance of such changes.  all previous versions.  response to the incident for which asset was requested.  below:  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www.FlpridaDisaste.or  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEI  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  FOR ADOPTION BY A CITY  STATE OF FLORIDA  DIVISION OF EMERGENCY MANAGEMENT  By:.  Date:  Kevin Guthrie, Executive Director or lan Guidicelli, Authorized Designee  ATTEST: CITY CLERK By:. Title:  CITY OF. STATE OF FLORIDA  By: Title: Date:  Approved as to Form:  By:. City Attorney  DIVISION EADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL3 32399-2100  Telephone: 850-815-4000 www.FlpridaDiaster.or  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    MEXICOBEACH  R:D.A  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: June 25, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes R No  Agenda Consent Regular Agenda Closed Session  RESENIERINPORMATON CONTACT: Chris Hubbard, City Administrator  ITEM TOI BE CONSIDERED  Subject:  Consideration of the Responses for the Marine Debris Removal RFP  Attachment(s): Bid Tabulation Sheet  Brief Summary:  FEMA is paying to remove the underwater debris from Hurricane Michael still located off our shore. The City advertised the project and! had four companies submit proposals: Aftermath, Kaiser Kane, Dorado Services, and' T&T Marine. Each  company was scored by the City Council and Kaiser Kane received the highest score.  Action Requested: Award the Project to Kaiser Kane. ISSUE OVERVIEW  Background Information & Issue Summary:  At this time, the FEMA funds designated for this project are not enough to cover the amount of thel bid. Dina Bautista has already approached FEMA regarding this issue; we're currently awaiting a decision on whether FEMA will cover the entire cost oft the proposal or if Mexico Beach will need to decrease the scope of work. Ifthe scope of work is decreased,  priority will be placed on the largest andlor most dangerous marine debris. FEMA funded project SO all expenditures will be reimbursed.  Financial Impacts:  Staff ecommendatonsCommens Award the project to Kaiser Kane.    4  a  d0  4 8  /  a  o0 D  3  5  8O    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: June 25, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes R No  Agenda Consent Regular Agenda Closed Session  RESENIENINFORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Consideration of the Responses for the Disaster Debris Monitoring Services RFP  Attachment(s): Bid Tabulation Sheet  Brief Summary:  The City needs to select and have under contract a disaster debris monitoring company in case another major debris- causing event occurs inl Mexico Beach. These services were advertised by the City andi five companies submitted proposals: Eisman & Russo, Rostan Solutions, Tetra Tech, Debris Tech, and GSA. Each of the companies were scored  byt the City Council and Eisman & Russo is the company with the highest score.  Action Requested:  Award the Project to Eisman & Russo.  ISSUE OVERVIEW Background Information & Issue Summary: See "Brief Summary" above. Financial Impacts:  None att this time. Ifever used, all expenditures should be reimbursable by FEMA.  Staff ecommendtionsCommens Award the project to Eisman & Russo.    6  s 5O 6 2 C  4  6 6 16 5  6  6 6 N 4  S 00 - - O C S  Bo D3 Bs 28 3  00    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: June 25, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes R No  Agenda Consent Regular Agenda Closed Session  PRESENIERINFORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Consideration to set the First Budget Workshop  Attachment(s): July Calendar  Brief Summary:  The City needs tol begin the budget workshops for the 2024-25 fiscal year. Staff is requesting the City Council set the  date and time for the first budget workshop toi initiate this process.  Action Requested:  Set a date and time for thei first budget workshop.  ISSUE OVERVIEW Background Information & Issue Summary: See "Brief Summary" above. Financial Impacts:  Begins the process of setting the budget for Fiscal Year 2024-25 Staff ecommercalonsCommens Set a date and time for thei first budget workshop.    o  W  N  5  C  -  3  A  4  iB  9  4  N  2