October 15, 2024 Regular Meeting 12:00 Noon  City Commission Chambers 2775 Garrison Avenue Port St. Joe, Florida  CONSTITUTION  1838 THE FLORIDA CONSTITUTION  1922 Birthplace of the FLORIDA CONSTITUTION Gop WE  4  TRUE  City ofPort St. Joe Rex Buzzett, Mayor-Commissioner: Eric Langston, Commissioner, GroupI Steve Kerigan, Commissioner, Group II Brett Lowry, Commissioner, Group II Scott] Hoffman, Commissioner, Group IV  [AIl persons are invited to attend these meetings. Any person who decides to appeal any decision made by the Commission with respect to any matter considered at said meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Thel Board of City Commission of the City ofl Port St. Joe, Florida will not provide a verbatim record of  this meeting.]    BOARD OF CITY COMMISSION  Regular Public Meeting **Amended Agenda* 12:00 Noon October 15, 2024  Call to Order Consent Agenda Minutes  Regular Meeting 10/1/24 Special Meeting 10/9/24 Planning Board Recommendations  Pages 1-5 Pages 6-7  Parcel #03040-010R, Kelly & Lisa Forehand  Ordinance 613 Future Land Use Map Amendment  Pages 8-19  1st Reading  City Engineer Update City Attorney  Ordinance 614 Food Truck Amendment  First Reading  Old Business  City Projects  Pages 20-21 Page 22  MLD Architectural Task Order- New Municipal Complex (Design Only)  New Business  Shift Differential Pay- Comm. Hoffman Emergency Closure Pay- Comm. Hoffman 1% Tourist Development Tax- Comm. Hoffman  Public Works Update Surface Water Plant Update Wastewater Plant  RFP 2024-17 Bar Screen Watewater Treatment Plant  Page 23    Finance Director FEMA-U Update  CDBG-DR Grant Amendment Three Grants Reimbursement- Update  Pages 24-28  Code Enforcement Update Police Department City Clerk  FDOT Permit Request for the Christmas Parade  Grants- Update Resolution 2024-12 Rental Fees Rental Agreement  Pages 29-30  Citizens to be Heard Discussion Items by Commissioners Motion to Adjourn    ORDINANCEI NO.:614  AN ORDINANCE OF THE CITY OF PORT ST. JOE, FLORIDA, AMENDING ORDINANCE 597 TO ADD MOBILE FOOD DISPENSING VEHICLES THAT ARE LICENSEDPERMITED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) TO THOSE VEHICLES THAT ARE ALLOWED TO OPERATED IN PORT ST. JOE PURSUANT TO ORDINANCE 597 AND AS LATER AMENDED BY ORDINANCE 598; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN  EFFECTIVE DATE.  WHEREAS, the Governor of the State of Florida signed into law the Occupational Freedom and Opportunity Act 6B474ABI7DCAct). which became effectiveon. July 1,2020;  and  WHEREAS, the Act created Florida Statutes Section 509.102-Mobile Food Dispensing Vehicle ("MFDV") preemption in which a municipality, county or other local government entity may not require a separate license, registration, permit or fee from MFDV's and may not prohibit  MFDV's from operating within the entirety of the jurisdiction; and  WHEREAS, the City, in response to Section 509.102 Florida Statutes and two public workshops wherein they elicited input from the public, enacted City of Port St. Joe Ordinance. 597;  and  WHEREAS, after the enactment of Ordinance 597 the City amended Ordinance 597 via  Ordinance 598 to exclude MFDV's from Reid Avenue;  and  WHEREAS, after the enactment of Ordinance 597 and 598 the Cityl has determined that it is in the best interests of the health, safety, and welfare oft the residents of and visitors to Port St.  Joe to amend Ordinance 597 again with this Ordinance as set forth below; and  NOW THEREFORE, be it enacted by the City Commission of the City of Port St. Joe,  Florida, that:  1    1. Port St. Joe Ordinance 597 shall be amended as follows:  Section 2 shall add the following paragraph to the current definition of Mobile Food Dispensing  Vehicles:  Mobile Food Service Establishments that are regulated by the Florida Department of Agriculture and Consumer Services (FDACS) which require a' "Annual Food Permit" issued by FDACS shall be considered al Mobile Food Dispensing Vehicle under this Ordinance.  Section 3(A)(1)(a) shall now state as follows:  a. Thel Department of Business and Professional Regulation (DPBR) "Mobilel Food Dispensing License" or Department of Agriculture and Consumer Services "Annual Food Permit".  2. All other provisions of Port St. Joe Ordinance 597 not amended herein shall remain in full 3. All ordinances or parts ofordinances in conflict herewith are hereby repealed. 4. Ifac court of competent jurisdiction hold any of the provisions of this Ordinance invalid 5. This Ordinance shall take effect immediately upon its final adoption by the City  force and effect as written in said Ordinance.  thei remaining provisions shall remain in full force and effect.  Commission of Port St. Joe, Florida.  PASSED AND ADOPTED BY THE CITY COMMISSION OF PORT ST. JOE,  FLORIDA THIS _DAYOF  2024.  BOARD OF CITY COMMISSIONERS PORT ST.JOE, FLORIDA  REX BUZZETT MAYOR-COMMISSSIONER  2    ATTEST:  CHARLOTTE PIERCE, CITY CLERK APPROVED AS TOFORM:  CLINTON T. MCCAHILL, CITY ATTORNEY  3    BUSINESSI IMPACTI ESTIMATE FOR CITY OF PORTS ST.JOE ORDINANCE614  PROPOSED ORDINANCE'S TITLE:  ORDINANCE NO.:6 614  AN ORDINANCE OF THE CITY OF PORT ST. JOE, FLORIDA, AMENDING ORDINANCE 597 TO ADD MOBILE FOOD DISPENSING VEHICLES THAT ARELICENSEDIPERMITTED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) TO THOSE VEHICLES THAT ARE ALLOWED TO OPERATE IN PORT ST. JOE PURSUANT TO ORDINANCE 597 AND AS LATER AMENDED BY ORDINANCE 598; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN  EFFECTIVE DATE.  This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida Statutes. The City of] Port St. Joe is oft the view that a business impact statement is not required for this ordinance by state law more particularly the exemption provided by Section 166.041(c)(1), Florida Statutes, which provides an exemption if"(t)he proposed ordinance is required for compliance with Federal or State Law or  regulation."  In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above: may apply, the City of] Port St. Joel hereby publishes the following information.  1. Summary of the proposed ordinance:  Ordinance 614 is an ordinance amending ordinance 5971 toi include Mobile Food Dispensing Vehicles that are licensed/permitted by the Florida Department of Agriculture to the definition ofl Mobile Food Dispensing  Vehicles contained in ordinance 597.    2. The direct economic impact is indeterminate but could be ai net positive because it isi increasing the number ofMobile! Food Dispensing Vehicles int the city. Compliance costs for businesses operating pursuant to this ordinance are negligible. No new feei is created by the proposed ordinance. Any regulatory costs oft the city  toe enforce this ordinance are: negligible.  3. Agood faith estimate ofthe number ofbusiness likely tol be impacted by the proposed ordinance is unknown because the number of potential vendors who may now qualify under this  ordinance is unknown.    RESOLUTION NO 2024-12  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PORT ST. JOE ADOPTING A SCHEDULE OF FEES, CHARGES AND EXPENSES RELATED TO PROGRAMS AND FACILITIES PROVIDED BY THE CITY OF PORT ST. JOE, PROVIDING FOR REPEAL OF ANY RESOLUTION IN CONFLICT HEREWITH, AND PROVIDING FOR AN  EFFECTIVE DATE  WHEREAS, the City of Port St. Joe, Florida provides numerous facilities and programs WHEREAS, these programs and facilities require considerable expenditure of public WHEREAS, it is appropriate for the actual users ofthese facilities and programs to bear a WHEREAS, it is in the best interest oft the City Commission and thej people ofthe City of NOW, THEREFORE, BE. ITI RESOLVED by the City Commission of the City of] Port St.  for the benefit oft the public; and  funds; and  portion of the costs thereof; and  Port St. Joe to adopt a schedule of fees, charges and expenses;  Joe, Florida as follows:  1. 2.  The City Commission hereby adopts the schedule of fees, charges and expenses attached hereto as. Exhibit "A" for programs and facilities described therein. Resolutions or other schedule of fees, charges and expenses of any kind associated with City programs and facilities adopted prior to the date hereofis  repealed.  3.  This Resolution is effective immediately upon passing.  THIS RESOLUTION ADOPTED this  day ofOctober, 2024. CITY COMMISSION OF THE CITY OF PORT ST. JOE, FLORIDA  BY:  Rex Buzzett, Mayor-Commissioner:  Attest:  Charlotte M. Pierce, Auditor/Clerk    EXHIBIT A: RECREATION PROGRAMS, ANDI FACILTY FEE: SCHEDULE  CITY OF PORT ST.JOE RECREATION USER FEES  FACILITYFEES PAOGRAMLOCATIONAREA Centennial! Building Washington Gym Rental Rentalt time: 12p pm( (noon) day priorto eventt to1 12p pm( (noon) day after event Centennial Building Washington GymF Rental Rentalt time: 12p pm( (noon) day priorto Individuals and Groups eventt to1 12 pm (noon) day aftere event Centennial Building Washington GymF Rental  ACTIVITY Facility Rental Commercial (Corporations orE Businesses) Facility Rental  USERFEE  $1,000.00 Reimbursable Security! Deposit plus $1,500.00( (+tax) per day  $1,000.00 Reimbursable: Security Deposit plus $400.00( (+tax) per day  Facility Rental Civic/Non Profit  $1,000 Reimbursable: Security Deposit  plus  Rentalt time: 12p pm( (noon)o day priort to *proof of5 501(c)(3)ort taxe exempt $100.00p per day  eventt to1 12p pm (noon) day aftere event statusr required  Centennial Building Washington Gym Rental Rentalt time:: 12p pm( (noon) day priort to eventt to1 12p pm (noon) daya aftere event STACH House Building Rental Maddox Parkor Core Parkl Rental Cityl Hall, Maddox Park, or Core Park Pavilion Rental Frank Patel Park ADMINISTRATIVE FEES Code! Enforcement Administrative Wastel Water (In Cityl Haulers) updated 10/14/2024  Facility Rental Government! Entityor Bereavement Facilityl Rental BirthdayF Parties Park Rental Pavilion Rental Boat LaunchFee  $1,000F Reimbursable! Security Deposit plus $100.00p per day $200.00 Reimbursable: Security Deposit plus $100.00(+tax) per day $200.00 Reimbursable: Security Deposit plus $100.00u upt to$ $1,000.00 (+tax) per day No Fee Permit Required City Property Owner NoF Fee County Property Owner- No Fee Out-of-County- $20p per day; $100A Annual Pass  SpecialF Pick UpA Admin Fee $25.00p per pick up  Lien Search Fee Procurement: Searchl Fee DumpingF Fee  $25.00 per search $50.00p per search $55.00 per: 1,000g gallons truck capacity $100.00 per: 1,000 gallons truck capacity  WasteV Water (Out of City Haulers) DumpingF Fee    AGREEMENT FOR TEMPORARY USE OF CENTENNIAL BUILDING  CITY OF PORT ST.. JOE, FLORIDA  NAME OF INDIMIDUAL OR ORGANIZATION ENTERING. AGREEMENT (HEREIN KNOWN AS USER):  STREET ADDRESS: CITY: TELEPHONE: DATE(S) REQUESTED: TYPE OF EVENT IN DETAIL:  STATE: EMAIL:  ZIP:  TIME(S) OF EVENT  PROPOSED # OF PEOPLE ATTENDING EVENT:  Please check the following boxes that apply toy your event: Alcohol Artists/Vendors a Tax Exempt In consideration oft the mutual covenants and conditions contained herein, thel Board of City Commissioners of the City of Port St. Joe, Florida, a municipal corporation (herein known as "City"), agrees to make All Users be advised that the Board of City Commission does not rent this facility to organizations for extended periods of time. Rentals are on a temporary basis only, and Users are urged to make other  available the Centennial Building to User on the date(s) set forth above.  arrangements as soon as possible. 1. The City shall:  a. Furnish light, heat, and water by means of appliances installed for ordinary purposes, but for no other purposes. Interruptions, delays, or failure to furnish any of the same, caused by anything beyond the control oft the City Commissioners, shall not be charged to the City b. Not be responsible for damages, accidents, or injury that may happen to the User or their agents, servants, employees, spectators, or any and all other participants and/or property from any cause whatsoever, arising out of or resulting from the above-described activity Reserve the right, in the exercise of its discretion, to rescind and cancel this agreement at any time when the purpose or purposes for which the premises herein described are being used andi intended to be used, shall be obnoxious or inimical tot the besti interest of the City; d. The activities of the City have priority, and the City reserves the right to alter this schedule  of Port St. Joe.  during the period covered by this agreement.  anything herein contained notwithstanding.  by notifying the renting party 48 hours prior to a scheduled event. a. Take the premises as they are found at the time of occupying by the User.  2. The User shall:  Remove from the premises within twenty-four (24) hours following the conclusion of the contracted activity all equipment and materials owned by the User. The City assumes no  liability for the User's equipment and materials.  CENTENNIAL BUILDING RENTAL AGREEMENTI    C. Not re-assign this agreement or sublet the premises or any part thereof or use said premises or any part thereof for any purpose other than that herein specified, without d. Indemnify the City andI hold it harmless from any liability, including court costs and attorney fees which result from any of the activities which occur on the property during the term of this Agreement. In the event that the User's use of the premises includes a performance or performances which might be subject to a license fee payable to any organization such aa ASCAP or BMI, the User shall be responsible for such fee and will indemnify and hold the City harmless in the event that any such feei is assessed against the City. e. Not load or unload any equipment, furniture, tables, or chairs through the front entrances. The User acknowledges that only the side doors may be used to load or unload  written consent of the City.  aforementioned items.  3. Payment of Charges:  a. All payments and deposits must be made by check or money order payable to the' "City of b. Allp payments will be delivered to the City as of the date of the execution of this Agreement. Attached hereto as Exhibit' "A" is the fee schedule for use of these City facilities.  Port St. Joe" and paid in full before the facility is reserved.  4. The following Regulations shall be followed:  a. Activities will not be permitted between 12:00 a.m. (midnight) and 6:00 a.m. without prior b. The City equipment will not be taken from the premises under any conditions and in the event any equipment is found missing, the User is responsible for its replacement costs. Alcohol Permits and/or Certificates of Liability Insurance must be provided to the City d. Certificates of Liability Insurance must be provided to the City before facility is reserved for e. Atrash plan must be in place for all events and given to the City at the time the facility is As security plan must be in place for all large events and given to the City at the time the All lineups of artists and/or vendors must be provided to the City at the time the facility is h. The premises shall not be marked upon, painted, cut, drilled, taped, glued, nailed or screwed into, or in any way defaced on the walls, ceiling, partitions, stage, drapes, window coverings or floors oft the premises or buildings.. Any defacement, damage, ori injury caused  permission from the Commission.  before rental when alcohol is allowed at the event.  alll large events. reserved. facility is reserved. reserved.  willl be the responsibility of the User who signed this application. All chairs and tables must have rubber tips to protect the floor.  5. Deposit Guidelines:  a. Deposits will be cashed immediately, and a refund check will bei issued once the following  items have been addressed after the rental date(s). . All lights were turned off after the event iv. The premises have been left secured V. No damage to the property  . AIIA/C Heating units must be turned back up to at temperature of77 ii. All trash and decorations have been removed and placed in outside dumpsters vi. All the tables and chairs were folded and returned to the location where they were found. *Do not remove table and chairs from premises - make any party planners  aware they are the property of the City*  CENTENNIAL BUILDINGI RENTAL. AGREEMENTI    vii. Keys must be returned to City Hall no later than 12:00 p.m. (noon) the day after the event. If the event occurs on a weekend, there is a drop box behind City Hall  where the keys can be returned.  All buildings are inspected by a city employee prior to, and after each event. Items not found in satisfactory **Deposits will not be returned on cancellations unless requested 30 days before the scheduled rental**  condition after the event will result in a forfeiture of the deposit.  6. Acknowledgement:  a. This agreement will not be binding upon the City until occupied and approved by the City b. Itis understood that the City, as used herein, shall include the employees, administrators,  Commissioners.  agents, and City Commissioners.  C.  (person requesting permit), a citizen of  the State of Florida and the United States of America, do hereby solemnly swear or affirm that Ia am not a member of an organization or party with believes in or teaches, directly or indirectly, the overthrow of the Government of the United States or of Florida by force or violence. Furthermore, the organization that I represent subscribes to the above  statements of loyalty. for this entity.  d.  (initials) My signature on this document ensures thatl la am the person responsible  User Printed Name User Signature  Date  For Office Use Only  Approving Authority  Date  CENTENNIAL BUILDING RENTAL AGREEMENTI