MEXICOBEACH  DA  CITY COUNCIL SPECIAL MEETING FRIDAY,JANUARYI9, 2024 ATI 12:00 P.M. PUBLIC WORKS BUILDING Mayor, Michelel Miller  Councilman, Jerry Smith Councilwoman, Linda Hamilton Clint McCahill, City Attorney ly@mexicobeachlgov.  Councilman, Adrian Welle Councilman, Richard Wolff Tammy Brunson, City Clerk  Chris Hubbard, City Administrator  This meeting willl bel live streamed ont the City ofl Mexico Beach Government Facebook page. Ifyou have any questions or comments on the agenda, please email them up to 2 hours prior to meeting at  I.  Call to Order II. Roll Call  III. Ordinance 827 - Setting Maximum Height Restrictions (First Reading)  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENT TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR AN EFFECTIVEDATE.  a. Motion to Read Ordinance 827 (By Title Only)  b. Open Public Discussion Close Public Discussion d. Discussion    IV. Ordinance 828 - Article II Section 2.01 and Article II Section 2.07 in City  Charter  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENT TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR ANI EFFECTIVEDATE. a. Motion to Read Ordinance 828 (By Title Only)  b. Open Public Discussion Close Public Discussion d. Discussion  V. Discussion Canal Parkway- - Mayor Miller  VI. Adjournment  Emailed to interested parties and posted on the city website on: 01/17/2024  Note: Copies of the Agenda items are posted on the City's Website mexicobeachf.goy This *You are hereby notified that in accordance with Florida Statutes, you have a right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record of the proceedings is made which may need to include evidence and testimony upon which the appeal is based. Any person requiring a 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; or by phone (850) 648-5700 at least five calendar days prior to thei meeting. Ifyou are hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be reached  meeting will be recorded on the website.  at1-800-955-87701 (TDD)    ORDINANCE 827  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENTTOTHECHARTER OFTHE CITY; PROVIDINGFOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHINGTHE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE. AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER;  PROVIDING FOR AN EFFECTIVE DATE.  WHEREAS, Florida Statutes chapter 166.031 provides that the governing body ofar municipality may submit to the electors of that municipality proposed amendments to its charter at a referendum WHEREAS, the City Council oft the City ofMexico Beach has upon recommendation from the Charter Review Committee established by the City Council for that purpose recommends that an amendment be made to the Charter oft the City of Mexico Beach which amendment appears as Exhibit"A"  election; and  tot this Ordinance; and  WHEREAS, the City Council desires to submit the said amendment to the Charter for ratification NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  by the electors oft the City of Mexico Beach as a separate ballot question.  OF MEXICO BEACH, FLORIDA, that:  SECTIONI. A referendum election is hereby called and scheduled to be held concurrent with the general election on Tuesday, April 16, 2024, to determine whether the amendment to the Charter of the City of Mexico Beach appearing in Exhibit"A"ofthis Ordinance shall be approved by a majority oft the votes cast in such election in which the qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law fora all general elections. The places for voting in such referendum election shall be the usual places for voting in the SECTION2. The ballot to be used at such referendum election shall contain a statement oft the proposed subject matter of the amendment to the Charter and shall provide facilities for qualified electors to vote for or against the adoption of such Charter amendment in a separate ballot question.  City in the general election to be held Tuesday, April 16, 2024.  Said ballot shall be ins substantially the following form:    BALLOT  CITY OF MEXICO BEACH, FLORIDA  QUESTION: AMENDMENTTOTHE CHARTER ADDING SECTION 1.06 TO. ARTICLEIOFTHE CHARTER SETTING MAXIMUM BUILDING HEIGHTS TO THOSE SETI FORTHI INTHE CITY LAND DEVELOPMENT CODE. AS OF THE ADOPTION OF THIS REFERENDUM.  Shall the Charter be amended to add Section 1.06 to Article Ic oft the Charter setting maximum building heights to those contained in the City's Land Development Code as oft the effective date ofthis referendum. Said restrictions would only pertain to the properties currently situated within the City's  boundaries as oft the date ofthis referendum.  YES NO  INSTRUCTION TO VOTERS: Ifyou are in favor oft the adoption of the foregoing amendment to the Charter, mark the space to the left ofthe word "YES".Ifyou are not in favor oft the adoption ofthe SECTION3. The City Clerk is hereby authorized and directed to instruct the Supervisor of Elections of Bay County to include the above-described question on the ballot for the general election to be held on SECTION 4. Notice of the said referendum election in substantially the form showing in Exhibit "B" to this Ordinance shall be published two times in a newspaper of general circulation according to the laws of the State of Florida. The first publication shall be during the fifth week prior to the week in which the referendum election is to be held and the second publication shall be during the third week prior to the week in which the referendum election is to be held. A minimum of five copies of the proposed amendment to the Charter shall be kept on file in the office ofthe City Clerk SECTION5. Any amendment to the City Charter described herein which is approved by the electors of the City, shall take effect upon certification of the general election of the City scheduled on  foregoing amendment, mark the space to the left oft the word "NO".  Tuesday, April 16, 2024.  for public inspection upon demand during normal business hours.  Tuesday, April 16"h, 2024.  SECTION 6. This Ordinance shall take effect immediately upon its adoption.  PASSED, APPROVED. AND. ADOPTEDI by the City Council of the City ofN Mexico Beach, Florida,  this day ofJanuary, 2024.    THE CITY OF MEXICO BEACH MICHELLE MILLER, Mayor  BY:  ATTEST:  TAMMY BRUNSON City Clerk  1"reading: January 19,2024 2nd reading: January. 12 2024    EXHIBIT"A"  CITY OF MEXICO BEACH LANGUAGE OF THE PROPOSED CHARTER CHANGEAMENDMENT (In all cases, words crossed out are to be deleted and words underlined are to be added.) 1. Articleloft the Charter is to be amended by adding Section 1.061 to read as follows:  SECTION 1.06 MAXIMUM BUILDING HEIGHTS  As oft the effective date ofthis Section, aside from the approved exemptions set forth below, no building or other structure shall be constructed. erected, situated or located. in the City ofMexico Beach as its boundaries are currently located as oft the effective date ofthis Section, which exceeds the height set forth in the zoning districts as contained in the City's Land Development Code as of the effective date of this Section. However, this Charter provision shall not restrict any property owner's vested rights under constitutional. statutory or common law. Existing buildings which currently exceed the allowable height restrictions contained in their current Zoning District may be repaired to that existing height. No alterations shall be made to any building, which would cause that building to exceed the current allowable height as ofthe  effective date oft this Section.  Exemptions: Chimneys. house of worship spires. elevator shafts. flagpoles. heating and air  conditioning systems, solar collectors with appropriate screening and cell phone towers.    EXHIBIT "B"  NOTICE OF REFERENDUM ELECTION CITY OF MEXICO BEACH, FLORIDA  Public notice is hereby given that on Tuesday, April 16, 2024, the issue ofv whether the City of Mexico Beach shall adopt an amendment to its City Charter will be submitted to the qualified electors ofthe City ofMexico Beach and will appear on the same election ballot as a referendum on that date as one separate The City Council oft the City ofMexico Beach has adopted an ordinance calling the said election and has stated the following reasons for the adoption oft the proposed amendments to the Charter:  ballot question.  ASTOTHE QUESTION:  Isito desirable for the City Charter to be amended to provide for maximum building heights? The places of voting shall be the usual places in the City of Mexico Beach during the general election scheduled on Tuesday, April 16, 2024, and the polls shall open from 7:00 a.m. to 7:00 p.m. on the said date. All duly qualified electors residing within the City of Mexico Beach shall be entitled to participate  and vote ins said referendum election.  The ballot containing the question to be sO submitted to the electors shall bei in substantially the  following form:    BALLOT  CITY OF MEXICO BEACH, FLORIDA  QUESTION: AMENDMENT TOTHE CHARTER ADDING SECTION 1.06 TO ARTICLEIG OF THE CHARTER SETTING MAXIMUM BUILDING HEIGHTS TO THOSE SET FORTH IN THE CITY LAND DEVELOPMENT CODE. AS OF THE. ADOPTION OF THIS REFERENDUM.  Shall the Charter be amended to add Section 1.06 to. Article) I ofthe Charter setting maximum building heights to those contained in the City's Land Development Code as ofthe effective date ofthis referendum. Said restrictions would only pertain to the properties currently situated within the City's  boundaries as oft the date ofthis referendum.  YES NO  INSTRUCTION TO VOTERS: Ifyou are in favor of the adoption oft the foregoing amendment to the Charter, mark the space to the left oft the word "YES".Ifyou are not ini favor of the adoption oft the  foregoing amendment, mark the space to the left ofthe word "NO".    ORDINANCE 828  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENTTOTHE CHARTER OF THE CIYPROVIDINGFOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOTI FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE. AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER;  PROVIDING FOR AN EFFECTIVE DATE.  WHEREAS, Florida Statutes chapter 166.031 provides that the governing body ofa a municipality may submit to the electors oft that municipality proposed amendments to its charter at a referendum WHEREAS, the City Council ofthe City of Mexico Beach has upon recommendation from the Charter Review Committee established by the City Council for that purpose recommends that an amendment be made to the Charter of the City of Mexico Beach which amendment appears as Exhibit"A"  election; and  to this Ordinance; and  WHEREAS, the City Council desires to submit the said amendment to the Charter for ratification NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  by the electors oft the City of Mexico Beach as a separate ballot question.  OF MEXICO BEACH, FLORIDA, that:  SECTION1. A referendum election is hereby called and scheduled to be held concurrent with the general election on Tuesday, April 16, 2024, to determine whether the amendment to the Charter of the City of Mexico Beach appearing in Exhibit "A" oft this Ordinance shall be approved by a majority ofthe votes cast in such election in which the qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law for all general elections. The places for voting in such referendum election shall be the usual places for voting in the SECTION 2. The ballot to be used at such referendum election shall contain a: statement ofthe proposed subject matter oft the amendment to the Charter and shall provide facilities for qualified electors to vote for or against the adoption ofs such Charter amendment in a separate ballot question.  City in the general election to be held Tuesday, April 16, 2024.  Said ballot shall be in substantially the following form:    BALLOT  CITY OF MEXICO BEACH, FLORIDA  QUESTION: AMENDMENT TO THE CHARTER AMENDING THE FIRST SENTENCE OF ARTICLE. II, SECTION: 2.01 CHANGING THE CITY'S FORM OF GOVERNMENT FROM MAYOR- COUNCIL FORM OF GOVERNMENTTOCOUNCIL-ADMINISTRATOR FORM OF GOVERNMENT AND. AN AMENDMENT TOTHE CHARTER REMOVING THE THIRD SENTENCE OF ARTICLE II, SECTION 2.07, WHICH IS, "THE MAYOR SHALL BE THE CHIEF ELECTED ADMINISTRATIVE  ANDI FISCAL OFFICIAL FOR THE CITY."  Shall Article II, Section 2.01 oft the City's Charter be amended to change the City's form of government from Mayor-Council to Council-Administrator and an amendment to the Charter removing the third sentence form Article II Section 2.07, which is "(T)he Mayor shall be the Chiefelected  Administrative and Fiscal official for the City."  YES NO  INSTRUCTION TO VOTERS: Ifyou are ini favor oft the adoption ofthe foregoing amendment to the Charter, mark the space to the left of the word "YES". Ifyou are not ini favor of the adoption oft the SECTION3. The City Clerk is hereby authorized and directed to instruct the Supervisor of Elections of Bay County to include the above-described question on the ballot for the general election to be held on SECTION 4. Notice of the said referendum election in substantially the form showing in Exhibit "B" to this Ordinance shall be published two times in a newspaper of general circulation according to the laws of the State of Florida. The first publication shall be during the fifth week prior to the week in which the referendum election is to be held and the second publication shall be during the third week prior to the week in which the referendum election is to be held. A minimum of five copies of the proposed amendment to the Charter shall be kept on file in the office oft the City Clerk SECTIONS. Any amendment to the City Charter described herein which is approved by the electors of the City, shall take effect upon certification of the general election of the City scheduled on  foregoing amendment, mark the space to the left ofthe word "NO".  Tuesday, April 16, 2024.  for public inspection upon demand during normal business hours.  Tuesday, April 16",2024.  SECTION 6. This Ordinance shall take effect immediately upon its adoption.  ASSED,APPROVED AND. ADOPTED by the City Council ofthe City ofMexico Beach, Florida,  this day ofJanuary, 2024.    THE CITY OF MEXICO BEACH MICHELE MILLER, Mayor  BY:  ATTEST:  TAMMY BRUNSON City Clerk Isreading: January 19,2 2024 2nd reading: January 2024    EXHIBIT"A"  CITY OF MEXICO BEACH LANGUAGE OF THE PROPOSED CHARTER CHANGEAMENDMENT (In all cases, words crossed out are to be deleted and words underlined are to be added.) 1. Article II, Section 2.01 ofthe Charter is to be amended by changing the City's form of Government from Mayor-Council to Council-Administrator and amending Article II, Section 2.07 byr removing the third sentence, which is, (T)he Mayor shall be the Chiefelected Administrative and Fiscal Official fort the City", to read as follows:  ARTICLE II: CITY COUNCIL, MAYOR SECTION:2.01 GENERAL POWERS AND DUTIES.  The City shall be governed by a Mayer-Couneil Couneil-Administrator form of Government. All powers of the City shall be vested in the City Council, hereinafter referred to as the Council, except as otherwise provided by law or by this Charter; and the Council shall provide for the exercise thereofa and for the performance of all duties and  obligations imposed on the City by law. SECTION'2.07 MAYOR  The mayor, elected aforesaid, shall be a voting member oft the Council and presiding officer. The mayor shall be recognized as head of City government for all ceremonial purposes, by the governor for purposes ofr military law, for service of process, execution of contracts, deeds and other documents, and as the city official to: represent the City in all agreements with other governmental entities or certifications to other governmental entities. Phemayershalbetheliechefelsaalninsimiveamdfisaionforhe-Ciy: The powers and duties oft the mayor shall be such as conferred upon him by State Laws,  this Charter and by the City Council    EXHIBIT "B"  NOTICE OF REFERENDUM ELECTION CITY OF MEXICO BEACH, FLORIDA  Public notice is hereby given that on Tuesday, April 16, 2024, the issue of whether the City ofMexico Beach shall adopt an amendment to its City Charter will be submitted to the qualified electors oft the City of Mexico Beach and will appear on the same election ballot as a referendum on that date as one separate The City Council oft the City of Mexico Beach has adopted an ordinance calling the said election and has stated the following reasons for the adoption of the proposed amendments to the Charter:  ballot question.  ASTOTHE QUESTION:  Isit desirable for the City Charter to be amended to change the City's form of Government from Mayor- Council to Counci-Administrator and removing the third sentence of Article II, Section 2.07. The places ofvoting shall be the usual places in the City of Mexico Beach during the general election scheduled on Tuesday, April 16, 2024, and the polls shall open from 7:00: a.m. to 7:00 p.m. on the said date. All duly qualified electors residing within the City of Mexico Beach shall be entitled to participate  and vote ins said referendum election.  The ballot containing the question to be sO submitted to the electors shall be in substantially the  following form:    BALLOT  CITY OF MEXICO BEACH, FLORIDA  QUESTION: AMENDMENTTOTHE CHARTER AMENDING THE FIRST SENTENCE OF ARTICLE! II, SECTION 2.01 CHANGING THE CITY'S FORM OF GOVERNMENT FROM MAYOR- COUNCIL FORM OF GOVERNMENTTO COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT AND. AN AMENDMENT TOTHE CHARTER REMOVING THE THIRD SENTENCE OF ARTICLEII, SECTION 2.07, WHICHIS, "THE MAYOR SHALL BE THE CHIEF ELECTED ADMINISTRATIVE  AND FISCAL OFFICIAL FOR THE CITY."  Shall Article II, Section 2.01 of the City's Charter be amended to change the City's form of government from Mayor-Counci to Council-Administrator and an amendment to the Charter removing the third sentence form Article II Section 2.07, which is "(T)he Mayor shall be the Chiefelected Administrative  and Fiscal official for the City."  YES NO  INSTRUCTION TO VOTERS: Ifyou are in favor of the adoption oft the foregoing amendment to the Charter, mark the space to the left oft the word "YES".Ifyou: are not in favor of the adoption of the  foregoing amendment, mark the space to the left oft the word "NO".