REGULAR MEETING APALACHICOLA CITY COMMISSION TUESDAY, FEBRUARY 4, 2025 - 6:00PM FORMER APALACHICOLA MUNICIPAL LIBRARY 74 6TH STRLETAPALACHICOLA. FLORIDA 32320 AGENDA You are welcome to comment on any matter under consideration by the Apalachicola City Commission when recognized to do SO by the Mayor. Once recognized please rise to the podium, state your name for the record and adhere to the five-minute time limit for public comment. Comments may also be sent by email to the City Manager or to Commissioners. Call to Order Invocation Pledge of Allegiance II. Agenda Adoption III. PUBLIC HEARING: 2ND Reading Ordinance 2024-07 IV. Public Comment V. New Business 1. Old Gym/Matchbox 3. Avenue HI Parking Lot VI. Unfinished Business 1. Tree Ordinance 2. Gibson Parking Plan 2. Lafayette Park Tree Planting Bid Award 3. 2nd Reading & Adoption: FWC No Wake Ordinance 2024-07 VII. Mayor and Commissioner Comments VIII. City Manager Communications Report Attached IX. Finance Director Communications Report Attached X. Attorney Communications XI. Consent Agenda- XII. Department Reports - Included in Agenda Packet Adjournment Any person who desires to appeal any decision at this meeting will need a record oft the proceeding and for this purpose, may need to ensure that a verbatim record oft the proceeding is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance toj participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting. ORDINANCE2024-07 AN ORDINANCE RELATING TO CITY OF APALACHICOLA; AMENDING BOATING RESTRICTIONS/REGULATIONS FOR THE SCIPIO CREEK AREA; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND, PROVIDING FORAN EFFECTIVEDATE. WHEREAS,DOatingsaretyconcerns were broughttot the attention of CityofApalachicola officials around Scipio Creek within the Apalachicola River; and WHEREAS, Florida Statutes S 327.46(1)(b) authorizes the City of Apalachicola to establish boating safety: zones by ordinance without additional agency approval; and WHEREAS, the CityofApalachicolal hase elected to establish! Idle Speed NoWake! boating safetyzones within the Apalachicola River. NOWTHEREFORE, BEI IT ORDAINED BY THE CITY COMMISSIONOFAPALACHICOLA, FLORIDA: SECTION I. City of Apalachicola Ordinance 2024-056 establishes the following boating restrictions. 1. Pursuant to Florida Administrative Code Chapter 68D-23.103, "Idle Speed No Wake"and "Idle Speed" may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed sO slowly that the operator is unable to maintaincontrolover the vessel or anyothervessel or object thati it hasunder tow. 2. Idle Speed No Wake boating safety zone from shoreline to shoreline, on Scipio Creek, southeast of a line that passes through approximate point (290 43'51.48'N, 84° 97.65-Wperperpendicularto the centerline ofthe waterway, andnorthwest of a linet that mssestougnappoamac point/29-446.42-N,4P5942.85Wiperpendiculartot the centerline of the waterway, as depicted int the attached ExhibitA. SECTION2. PENALTY. The provisionsoft this section may be enforced bya any law enforcement officer as defined in Section 943.10, Florida Statutes. Pursuant to Section 327.73, Florida Statutes, any person cited for a violation of any such provision shall be deemed tol be charged withar moncriminatintraction, shall be cited for such ani infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided for allowable county court costs for boating infractions. Where a statute or administrative rules are referenced herein, this shall mean the most recently adopted version of said statute and administrative rules. SECTION 3. REFERENCE TO OTHER AUTHORITY. Where a statute or administrative rules are referenced herein, this shall mean the most recently adopted version of said statute and administrativerules. SECTION 4. CODIFICATION.The; provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Apalachicola. The sections ofthis ordinancemay be renumbered orr re-lettered to accomplshsuch, andthe word' "ordinance" may be changed to "section', "article", or any other appropriate word. Section5. REPEAL. Allordinances or parts of ordinancesin conflict herewith areh hereby repealed. SECTIONG.EFFECTIVEDATE.This: Ordinance shall be effective uponcompletion oft thef following: approved and adopted pursuant to the City of Apalachicola's procedure, approval by the Florida Fish and Wildlife Conservation Commission pursuant to Section 327.46, Florida Statutes and upon posting of the regulatorymarkers. This Ordinance was read and adopted on Ordinance was made by Commissioner 2025. Motion to adopt second by Commissioner Voting Aye: Voting Nay: FOR THE CITY COMMISSION OF THE CITY OF APALACHICOLA Brenda Ash, Mayor ATTEST: Sheneidra Cummings, City Clerk APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: February 4, 2025 SUBJECT: Old Gym AGENDA INFORMATION: Item Number: Department: Contact: Presenter: Agenda Location: Unfinished Business 1 Administration Travis Wade Travis Wade BRIEF SUMMARY: Helen Willis approached me and asked ift the City would bei interested in selling the old gym (behind the City Hall complex) to her for the Matchbox program. Ifthe Commission is interested in pursuing this, please give me direction to acquire a survey of the property (with specific instructions regarding the parcel to be created..i.e., whether to include the field house, entire parking lot or partial, etc.), to acquire an appraisal after the completion oft the survey, to negotiate with Ms. Willis regarding the sale of the property, and for Attorney Hartman to bring that proposed agreement to the Commission for approval at ai future meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: N/A ATTACHMENTS: GIS view of the subject properties with two options for the survey. STAFF'S COMMENTS AND RECOMMENDATIONS: APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: February 4, 2025 SUBJECT: Lafayette Park Tree Planting Project - Bid Award AGENDA INFORMATION: Agenda Location: New Business Item Number: Department: Contact: Presenter: BRIEF SUMMARY: 2 Grants Bree Robinson Travis Wade/Bree Robinson An application requesting funding for the planting of 341 trees in Lafayette Park was submitted 7/18/24 and the City received notification of award 12/2/24. The award was $10,000i in conjunction with a City match of $10,000, equaling a total project budget of $20,000. The agreement has not yet been received from FDACS, but it is expected in early to mid- February. FDACS staff has stated that the City could go ahead and complete our procurement process ahead of the agreement execution, but no contracts can be signed and no money can City staff completed the City procurement process and competitively bid out the project based be spent until after agreement execution. on availability, references, and price. 3 bids were received as follows: PSG Concrete & Excavation, LLC- $34,910.00 Gulf Coast Landscaping & Supply-512,140.00 Gaskin - $68,594.00 City staff recommends awarding the lowest bid, and only bid within budget, to Gulf Coast Landscaping & Supply. Ifa awarded, as soon as the agreement is executed then City staff will secure a contract with Gulf Coast Landscaping & Supply for the earliest available planting dates. Motion to award the Lafayette Park Tree Planting Project to Gulf Coast Landscaping & Supply, RECOMMENDED MOTION AND REQUESTED ACTIONS: contingent upon execution of the grant program agreement. FUNDING SOURCE: Florida Forest Service (FFS), a division of Florida Department of Agriculture and Consumer Services (FDACS)-U Urban and Community Forestry - Capacity Grant Program (UCF-C) ATTACHMENTS: N/A-bid documents available in City Hall. STAFF'S COMMENTS AND RECOMMENDATIONS: Recommend to approve contingent upon agreement between City and FDACS being executed. APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: February 4, 2025 SUBJECT: Avenue H Parking Lot AGENDA INFORMATION: Agenda Location: New Business Item Number: Department: Contact: Presenter: 3 Administration Travis Wade Travis Wade BRIEF SUMMARY: The Legislature approved the City's appropriation request to fund a parking loti in the Avenue H right of way between Water Street and Commerce Street. The funding was for $135,000. Quotes were obtained for gravel parking and asphalt parking at the location. The gravel parking quote is $112,983.00, and the quote for asphalt parkingi is$148,483.00. See the specifics for each quote below: OPTION #1: Gravel parking and traffic lanes (100ftx160ft) Work scope includes the following: Mobilization Layout Testing Maintenance of Traffic Clear & Grub Earthwork (excavation, fill, grading, etc.) 4"of gravel (#57 stone) Installation of geotextile fabric under gravel Parking Bumpers (39 each) Sod (sf per estimate provided to contractor) TOTALAMOUNT: $112,983.00 OPTION #2: Asphalt traffic lanes (13ft wide) with gravel parking per: sketch provided Work scope includes the same as above with thei following modifications: 3" Asphalt paving at traffic lanes per sketch provided 12"LBR4 40 subgrade under base @ pavement 6"L LRB under pavement Pavement markings-2 2 directions arrows each way and a stop bar ate exit TOTALAMOUNT: $148,483.00 RECOMMENDED MOTION AND REQUESTED ACTIONS: Select Option 10 or 2 and direct staff to draft and publish and RFP fori these services. FUNDING SOURCE: Legislative Appropriation ATTACHMENTS: Photo of location STAFF'S COMMENTS AND RECOMMENDATIONS Right of Way APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: February 4, 2025 SUBJECT: Tree Ordinance AGENDA INFORMATION: Item Number: Department: Contact: Presenter: Agenda Location: Unfinished Business 1 Administration Dan Hartman/Travis Wade Travis Wade/Scott Davis, Tree Committee Chair BRIEF SUMMARY: City Manager Wade met with the Tree Committee and discussed revisions to the Tree Ordinance. The discussion resulted in the attached revisions to the Ordinance. Committee Member Winterringer drafted the attached draft Ordinance with the highlighted changes. See Attorney report for procedure regarding adoption. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve for First Reading at the March meeting. FUNDING SOURCE: N/A ATTACHMENTS: Draft Tree Ordinance STAFF'S COMMENTS AND RECOMMENDATIONS: Chapter 105 ENVIRONMENT ARTICLE / II. TREE PROTECTION Sec. 105-21. Purpose and intent. (a) Trees are recognized to be a valued asset, providing al healthier andi more beautiful environment in which to live. Tree preservation enhances the value andi marketability of property and thereby promotes the stability (b) This article establishes protective regulations for tree preservation and a permitting process to ensure good management practices on private and city-owned property, including utility easements for continued healthy ofresidential neighborhoods, making them morel livable and desirable. and beautifult trees. Sec. 105-22. Definitions. Tree. A woody plant having one or more well-defined trunks capable of being maintained with a clear trunk Diameter at breast height. The diameter of at tree trunk as measured four and a half (47 V) feet above ground Dead. Ina a state ofi irrecoverable decline with more than 50 percent ofl leaves, branches, and limbs not alive. Drip line. Thel limiting line established by as series of perpendicular drop points marking ther maximum radius of the crown of an existing tree, but notl less than ten feet from the trunk, whichever is greater. PatHarehHerltage tree. A protected native tree (section 105-23) whose trunki is 35 or morei inches in Relocate. As used in article Il, tree protection regulations and elsewhere in this Code, the digging up ofa protected tree bya a property owner from a place on the owner's property and the planting of the same tree in Substantial alteration. The heavy cutting of topl branches (topping), cutting ofr major lower limbs (elevating), ors significant trimming ofa a treet that alters the natural symmetry of the tree. The term does noti include customarily accepted practices used by certified arborists for pruning shade trees. and normally growing to an overall height at maturity ofa minimum of 151 feet. level. diameter at breast height. another place ont thes same property or in a public place. Sec. 105-23. Protected native trees. The native trees predominately foresting the City of Apalachicola are: Bald and pond cypress (Taxodium distichum and Taxodium ascendens), Eastern and southern redcedar (Juniperus virginiana and. nperusakcdhaslicola, Live oak (Quercus virginiana), Longleaf pine (Pinus palustris), PecanCaryalineenss, Sabal (cabbage) palm (Sabal palmetto), aSAPne/PANSeldOHH, Southern magnolia (Magnolia grandiflora), and Sycamore (Platanus occidentalispand Watera-@WerusnewA. Individual trees of these species having diameters of foureight or more inches at breast height are protected (hereinafter referred to as' "protected trees"). Other native trees and all nonnative trees are not protected. Sec. 105-24. Preservation of patriarchheritage trees. private landowner or a department of the city unless: Noi patriarchheritage tree on privately- or city-owned property shall be removed or substantially altered bya a (1) Under a declared emergency (section 105-25(1)(c) ori in the case of ani imminent hazard (section 105- 25(2)), the lemorcememiolkerd'y manager, or a-designee-in theirthe manager's absencet the manager's designee (e.g. code enforcement officer), finds for a specific tree thati immediate action is a. On private property, heplamningandzenines beardcoincident with the planning and zoning board's approval ofap proposed development plan that is conditional on at tree permit application being approved, the city manager approves the issuance of a tree permit to a private landowner tor remove or substantially: alter at tree on a lot because not doing SO would make the lot b. On private propertyy when no development is proposed or on city property, the city manager documents iny writing his or her reasons for allowing removal or substantial alteration (sections required to eliminate a condition endangering public safety or property. (2) Inan non-emergency or non-imminent hazard situation: undevelopable for any principal structure (section 105-26(1)(c)). 105-26(1)(c) and 105-26(2)(c)). Sec. 105-25. Activities exempted from or requiring a tree permit. (1) At tree permit is not required for the following exempt activities: a. Unprotected trees-The removal, relocation, or substantial alteration of: Native trees not listed in section 105-23; Native trees listed in section 105-23 that are less than foureight inches in diameter at breast height; Cultivated varieties of once native trees developed bys selective breeding and sold by plant nurseries; bDead trees when the code enforcement officer inspects the trees and agrees they are dead. b. As provided by State law (F.S.51 163.045), the pruning, trimming, or removal of a tree on ar residential property if the property owner possesses documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property.. At tree poses an unacceptable risk ifr removal is the only means of practically mitigating its risk! below moderate, as determined by thet tree risk assessment procedures outlinedin Pruning-Pruning of unprotectedi trees, and light pruning of protected trees that does not substantially ed. Emergency-The removal or substantial alteration of any ignlficantly-damages, protected, non- patriarchheritage tree during or following a natural or man-made disaster (e.g., hurricane, tornado, highy wind, flood, or forest fire) when the city commission or manager declares as state of emergency and determines that permitting requirements willl hamper private or public work to restore safety and and Nonnative trees, includingi invasive species. Best Management Practices Tree Risk Assessment, Second Edition (2017). alter the protected trees. order to the city. Permisonclypemision is required to remove or substantially altera a patriarchheritage tree (section 105-24(1)). In thei interest of expeditiously: addressing damaged heritage trees, the city's oral permission is sufficient, and written permission is not required. de. Highway and electric utilityr rights-of-way--The removal or trimming of protected trees by: The Florida Department of Transportation: along roads under its jurisdiction to maintain safe lines of sight at roadi intersections and alleys and horizontal clearance areas along roadways where errant Thee electric utility along power lines necessary for the maintenance ofa accepted publics safety standards vehicles leaving ther roadway might travel. ands system reliability. (2) Atree permit is required for the following activities. situations requiring a permit include: Any removal or substantial alteration ofa a protected tree not exempted in section 105-25(1). Some specific Imminent hazard--The removal or substantial alteration of a protected tree when an applicant proposes that immediate action is required due to ac condition endangering public safety or property. Diseased or pest-infested tree-The removal or substantial alteration of a diseased or pest-infested, protected tree when ana applicant proposes that doing sO will prevent the spread oft the disease or Storm-damaged tree-The removal or substantial alteration of aj protected tree damaged by as storm forv which the city commission or manager did not declare a state of emergency. Treei in decline-The removal or substantial alteration of aj protected tree that has lost vigor and displays pale green or yellow leaf color, small leaves, poor growth, leaf drop, or dieback oft twigs and pests tol healthy trees. branches. At tree in decline is not a dead tree. Sec. 105-26. Permits for removal, relocation, or substantial alteration of protected trees. Any person wishing to remove or substantially alter a protected tree shall makesubmit an application to the At tree permit shall bei issued to remove or substantially alter a protected tree only ifs such actioni is in compliance with these article Ilr requirements and thes section 109-5051 site plan requirements. Substantial alteration of a protected tree shall be allowed only under a declared emergency (sections 105- 24(1) and 105-25(1)(c), when a permit is obtained in the case of ani imminent hazard (sections 105-24(1) and 105- 25(2)), or when a permit is obtained ina a non-emergency or non-imminent hazard: situation to eliminate limbs that code enforcement ficeromatreeapplcalionlomaprowdes. by-theofficer. encroach on an adjacent structure. (1) Private property. a. Ifthe proposed tree removal or substantial alteration is in conjunction with proposed development the planning and zoning board reviews (e.g., a newly-proposed structure, the expansion of an existing structure where thet footprint increases in size, the construction ofa driveway or walkway, or other such development that disturbs the land: surface), the! beardcode enforcement officer shalli implement these tree protection requirements at the time itthe planning and zoning board reviews and decides to approve, conditionally approve, or disapprove b. Ifthe proposed tree removal or substantial alteration is noti in conjunction with proposed development that the planning and zoning board reviews (e.g., tree removal due to tree roots affecting thes structural integrity of al building foundation), the code enforcement officer, city manager, ora a designee shall implement these tree protection requirements at the time he or she reviews and pepdNrsassianN on the tree removal or the site plan. isapprovetheprepesalsubstantal alteration application. Only the city manager shall make Ifther proposali is the removal or substantial alteration ofa a patriarchheritage tree, the code enforcement officer shall provide a copy of thet tree: application to the tree committee appointed by the city commission. The committee shall review thet tree permit application and makea recommendation to the decisien-makerfheplsmangandzonimgbeardsubsectiona)oFtheely When thebeardisthe-dedeesion-maketr2PpPevalproposed removal or mACMaPpAROreNe OFSubstantiallyalkersubstantial alteration ofa at patrarehheritage tree enis in conjunction witha development plan for a a privately-owned lot that is reviewed by the planning and zoning board, the city manager shall allow removal or substantial alteration oft the heritage tree only-be-made when no principal structure could be legally built on thel lot takingi into consideration thel location oft the tree and such requirements as setbacks and minimum required size for single-family dwellings. Through the variance process the board of adjustment may consider reducing setbacks or minimum dwelling sizei if When-theThe city manageristhedeesiedonmake,lemanagersmanagers reasons for allowing removal or substantial alteration of at patHarchheritage tree shall be documented in writing. a. Ap person wanting to remove or substantially: alter a protected tree on city property adjacent to private property owned by the person (e.g., to create an entryway to a proposed driveway on private property): shall apply for at tree permit. Cost of the permit andt tree removal or substantial 0. Ad city department wanting to remove or substantially: alter a protected tree on city property shall make a request to the code enforcement officer. To document the request, the code enforcement officer shall prepare at tree application for the proposed action. Removal or substantial alteration of thet tree shall not occur unless the code enforcement officer, city manager, or one of their designees approves the removal or substantial alteration. Ifthe proposal is the removal or substantial alteration of a patriarchheritage tree, the code enforcement officer shall provide a copy of the tree application to the city manager andt tree committee appointed by the city commission. The committee shall review the tree permit application and make a recommendation. The cityr manager shall make a decision ont the proposal and document in writing the reasons for allowing any removal or substantial alteration. decisions on patriarehheritage trees (subsection c). managerisubsection)cllymanager. doing SO would: spare the tree. (2) City property. alteration shall be borne by the applicant. As a condition of approval, decision makers may require that certain protected trees or native trees listedi in section 105-23 that are less than foureight inches in diameter at breast height be relocated from the area of Under a tree permit, thinning of healthy protected trees may bej justified if selective removal of treesi improves the development of remaining trees and allows them to grow faster andi in ai fuller, characteristic form. To ensure that at tree permit is not prematurely issued for a proposed development that is never approved, the proposed development to an undeveloped location. tree permit and building permit willl bei issued simultaneously. Sec. 105-27. Protection of trees during building operations. toxic materials harmful tot trees; and attachment of wire to trees. Within the drip liner radius ofa protected tree, the following activities shall not occur during development, redevelopment, or improvement: deposition of debris and fill; storage ofg gasoline, oil, paint, chemicals, and other Driveways ands sidewalks of impervious concrete and asphalt may not be constructed within the dripl line of protected trees. Sec. 105-28. Utility easement trimming. Electric utility companies and their contractors that perform vegetation maintenance and tree pruning or trimming within electric utility right-of-way corridors shall do so in accordance with thef following requirements. As defined in State law (F.S. $163.3209), vegetation maintenance and tree pruning or trimming" means' "the mowing ofv vegetation within the right-of-way, removal oft trees or brush within the right-of-way, and: selective removal of (1) All tree management willl be limited to what is necessary for the proper maintenance of existing and (2) Prior to vegetation maintenance and tree pruning or trimming, the utility shall provide the city manager witha ar minimum oft five business days' advance notice. Such advance notice is not required for vegetation maintenance and tree pruning or trimming required to restore electric: service or to avoid (3) The electric utility shall meet with the city manager, or the manager's designee (e.g., code enforcement officer), to discuss and submit the utility's vegetation maintenance plan, including the utility's trimming specifications and maintenance practices. The plan shall identify any patriarchheritage trees that are (4) Vegetation maintenance and tree pruning or trimming conducted by utilities shall conform to American National Standards Institute (ANSI). A300 (Part I)-2008 (R2014) pruning standards and ANSIZ133.1- 2000 Pruning, Repairing, Maintaining, and Removing' Trees, and Cutting Brush-Safety Requirements. (5) Vegetation maintenance and tree pruning or trimming conducted by utilities must be supervised by qualified electric utility personnel or contractors licensed to do! business in the City of Apalachicola and trained to conduct vegetation maintenance andt tree trimming or pruning consistent with these requirements or by certified arborists certified by the certification program of thel International Society of Arboriculture. Trimming of patriarch trees may only be performed by certified arborists. tree branches that extend within the right-of-way." new utility facilities in order to provide safe and reliable utility service. an imminent vegetation-caused. outage. proposed for trimming and the amount of trimming proposed. Sec. 105-29. Reforestation fund. Fees collected for the lawful removal of protected trees shall be placed in a reforestation fund maintained by the City of Apalachicola. (Fees for the administrative processing of tree permit pplaton-eesso0per application) and fines for the unlawful removal or substantial alteration of protected trees (section 105-30): shall not be placed in the reforestation fund.) Reforestation fund fees shall be spent to establish,acquire, install, and maintain, and promote ar reforestation program on city property, primarilyi in parks, squares, and along highway Felowingarelhecly,byresolution, is authorized to set and change thet elorestaltionundeeestaESharDe and street corridors. coletedoremowalofprolectedtres. Grsnitiolatna: Samdagepataehire, Dameteratbreasthegdpolesttreeremovet/mnehes, Fee-foreachtreet9 25 35 1,000 4to-16 Fera-tree-permit applicantnotpropesingtoremoveapatiachtre,tae.aMimumvtotal-relorestation-fund foralreepemitapianteremowePAHARCNRAHeAmemaMmumtelalee and any corresponding reforestation fundf fee letedlersehetoveredlorpetmisapaled for int thisarticle, which resolutions are incorporated by theapplcationshalinenseeds250.00ormemompatiarehreesplwsan ee-colected-oreaeholcoveretbytheapplication halaotexceds250.00. adélomalS100.00lereschpatachreee-referenceheren. Sec. 105-30. Penalties for violations. Any person that removes or substantially alters aj protected tree before a tree permit is obtained shall be charged a doubled permit application processing fee (e-8$109.00)/for an after-the-fact permit. Ifan after-the-fact tree permit is noti issued because the tree removal or substantial alteration is noti in accordance with these tree protection regulations, ai finei int the amount specified in section AD.oFhisCedel01 143 shall bei imposed. Each tree that is illegally removed or substantially altered isa a separate offense. Any person that illegally removes or substantially alters aj patriarch tree shall be fined up to $25,000.00. Commercial tree care contractors or general contractors are required tol be licensed byt the city in order for them to conduct business within the city. Commercial tree care contractors or general contractors hired byt the City of Apalachicola to complete tree removals or substantial alterations must show proof of commercial general liability insurance in the amount of $1,000,000.00 per occurrence for bodily injuryand property damage witha provision that does not allow cancellation without 30 days written notice to the city. Two or more violations of any provision oft these tree protection requirements by any commercial tree care contractor or general contractor may result in revocation of such person's license to dol business within the city. Chapter 109 HISTORIC PRESERVATION ARTICLE Il. HISTORIC. AND CULTURAL PRESERVATION REGULATIONS Sec. 109-51. Site plan requirements. (2) Site plans shall contain documents andi maps indicating: b. Maps: ithrough xi. *** xii. Species and size (inches diameter breast height) of existing protected trees and which oft these trees are proposed to be removed, relocated, or substantiallyaltered. APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: February 4, 2025 SUBJECT: Gibson Parking Plan AGENDA INFORMATION: Item Number: Department: Contact: Presenter: Agenda Location: Unfinished Business 2 Building Dan Hartman/Bree Robinson Cutler Edwards or Representative BRIEF SUMMARY: Gibson representatives have put together a complete parking plan which shows all surrounding available street parking, the planned parking lot for the expansion, use of ROW for additional parking, incorporation of a neighboring property for additional parking, and accurate numbers of rooms, staff, tables, and barstools for the requirements to be tallied. The parking requirements are met if the below requests are approved -1 the complex requiresa total of 108 spots to meet the requirement and if both requested historic waivers are approved, then the complex would int total have 20 spots waived for the preservation of 3 historic buildings and 88 provided, totaling to 108 parking spots. (Note: 8 waived parking spots were waived at the. January 2025 City Commission meeting for 51 Avenue C (FR00284, historic Gibson Inn building).) Requests: 1.) Applicant is requesting a parking mitigation 'waiver' for 6: spots (LDC allows up to 8 spots per documented historic structure (Sec. 111-288.0/(11) for 48 Avenue D (FR00166, Buck 2.) Applicant is requesting acknowledgment that they can legally tie 45 Avenue D in with the Gibson property in order to meet their parking requirements, as allowed by the City LDC (Sec. 111-288 (1)(3)). "(3)Location of off-street parking. Required off-street parking will be provided either on the same parcel of land as the principal building or structure or on a separate parcel located within 500 feet of the principal building or structure.": a. Applicant is requesting a parking mitigation 'waiver' for 6: spots (LDC allows up to 8 spots per documented historic House/Hays House). structure (Sec. 111-288.(0(11)) for 45 Avenue D (FRO2630). 3.) Applicant is requesting approval to move forward with construction of the Taranto parking lot as shown. PLEASE SEE APPLICANT SUBMISSION PACKET FOR FULL DETAILS OF REQUESTS! RECOMMENDED MOTION AND REQUESTED ACTIONS: 1.) Motion to approve a parking mitigation 'waiver' for 6 spots for 48 Avenue D (FR00166, Buck 2.) Motion to approve a parking mitigation 'waiver' for 6: spots for 45 Avenue D (FRO2630), 3.) Motion to approve the construction of the Taranto parking lot as shown and send applicant House/Hays House). contingent upon 45 Avenue D legally being tied to the Gibson property. on to permitting. FUNDING SOURCE: N/A ATTACHMENTS: Presentation submitted by applicant. STAFF'S COMMENTS AND RECOMMENDATIONS: To: City of Apalachicold Re: Gibson Parking Plan + Historic Waiver Application Dear City Staff and Commissioners, Please find attached the parking plan proposal packet for the Gibson Inn including the new building, as required per May 2021 P&Z approvals. Inr response to Commission and public feedback, the revised documents have been overlaid on surveys of the respective properties to allow for ease of verification. Inr response to Commissioner Elliott's concerns about the width of 4th_St. and on-street parking on both sides, we have removed the spaces shown on the west side of 4thin the January packet. That is a discussion for another setting and we did not want it to sidetrack this request = the plan we present here provides for enough parking without As previously, dimensions of parallel spaces were drawn from FDOT Design Manual 210, "Arterials and Collectors," 210.2.3, On-street parking for highway facilities with posted speeds of 35mph or less. This specifies parallel parking spaces on those highways as 22' long. We have used the same FDOT 22' distance for on street parking on city streets (4th ADA spaces and access aisles are sized to exceed ADA requirements posted online at da.gov/lople/parang. Per ADA, "The number of accessible parking spaces must be considered separately for each parking structure (lot or garage), not based on the total number of parking spaces provided on a site." Lots of 25 or fewer spaces require a minimum of 1 accessible parking space. We have provided spaces in both off-street parking lots, and proposed additional spaces on city streets as part of our submission. Off street spots are sized as in City requirements, 10x20, on 4th St and in the Taranto Lot and 45 Ave D lot. Those plans were drawn by Southeastern Consulting Engineers. those spaces being counted. St, Ave D, Ave C). This submission consists of 2 requests: A. The approval of the new Taranto parking lot layout with ADA van space included. We need to begin permitting on this project to ensure that it stays on schedule with the construction of the new building. We have addressed all concerns and requirements of this lot, and feeli it can be considered and approved independent of the overall parking plan's resolution at the Feb. 4th meeting. Then the actual plans can be reviewed by City staff for permitting and construction. B. The approval of the overall Gibson parking detailed below. Attached documents are: 1. Revised new Taranto parking lot with 13 spaces including 1 ADA van space. Right-of-Way parking includes 8 spaces on Ave C. 2. Proposed on-street parking for the Gibson block, with optimized Ave D parking including the preservation of the ADA space at the corner of Market St (here proposed as an ADA van space) as well as two additional ADA spaces on Ave D. This diagonal parking includes ADA access aisles, additional buffers, and clearance at sidewalks. Calculations for the available space are attached showing the math behind those layouts on the next page. ADA requirements and proposed dimensions are included there as well. 3. The property at 45 Ave D. Rather than pursue mitigation we will use the property at 45 Ave Dfor additional parking. We understand this will require legally binding the 45 Ave D property (already owned by the Gibson) to the Gibson property as were the Taranto lots required to be bound by P&Z contingency in Jan 2022 = to ensure this parking use in perpetuity. The building is used for storage during construction and plans are underway to renovate it into an Event space as a weather contingency plan for Gibson events. We understand that any proposed future increases in usage density would require a parking This sheet also reflects the already-provided golf cart parking, one stall for each Gibson Note: The above documents were provided to the City at 24"x 36" size. They may be posted as adifferent size in the scanned meeting agenda provided online but are available af City Hall in 4. The Parking Configuration calculator showing required spaces and available spaces. Figures related to employee counts and F&B capacity were confirmed as of Jan 21, 2025, the 5. Historic Waiver request with Master Site File support for 51 Ave C (FRO0284, historic Gibson Inn building, already approved), 48 Ave D (FR00166, Buck House/Hays House), and 45 Ave D( (FRO2630). Eligible for up to 8 spaces each for a total of 24 spaces, we are requesting historic waivers for 20 spaces. We would like to clarify that we are not requesting a waiver of all the spaces for which these buildings dre eligible, simply those necessary to meet the 6. Seating charts/documentation of Frankin Café dining/bar areas supporting the figures on This plan allows for the confirmed preservation of three historic structures in Apalachicold's commercial core, and provides ample parking for the Gibson property and its attendant amenities without requiring the full number of spaces allowable under historic waiver guidelines. Italso ensures that the City's parking inventory is not adversely affected by mitigation = which must, ultimately, come from spaces that could otherwise be used by future aspiring business owners who do not have room to build a parking lot. We hope that this effort to provide parking solely on the premises and with adjacent on-street parking is amenable to all. review. cart, another question raised at the January meeting. larger format. deadline for submission to the City for the agenda. parking requirements. the parking calculation. Thank you for your consideration. Cutler Edwards, White Sands Jason Bogan, Hotel Director, Gibson Inn OZEZE 13 VIDOIHOVIVAV HLU 107 SNIHVd MO73H3A0 NNI NOSBIS NVId 31IS 395 0-08 u3u JANTY E SISDO 'OEANBAVL LS ja JIS NVIdHISVW P Jae 8 BeGzo 60-Degree Angled Parking Layout Proposal w/ ADA spaces, Ave D ADA space requirements, available at tpsy/www.ada.govlopicsparking Space type Van Car Required Width 132" 96" Proposed Width 144" 120" Required 60" 60" Proposed 96" 60" Access Aisle Access Aisle Scenario One - Ave D at Market St (107.87 Feet) This calculation evaluates if 107.87 feet is sufficient to accommodate angled parking, including 6 standard stalls, 1 van-accessible ADA stall, and 1 car-accessible ADA stall with Determine the total number of parking stalls that can fit within 107.87 feet of curb length, as shared access aisle. with the following parameters: Standard stalls: 10 feet wide Van-accessible ADA: stall: 12 feet wide Car-accessible ADA stall: 10 feet wide Shared access aisle: 5 feet wide - All spaces angled at 60 degrees. Key Calculations 1. Effective Curb Length per Stall: $ sin(60°) a 0.866 Formula: Curb Length = Stall Width /sin(60) Standard stall (10 feet wide): 10 /0.866 a 11.55 feet Van-accessible ADA stall (12 feet wide): 12 /0.866 a 13.86 feet Car-accessible ADA stall (10 feet wide): 10 / 0.866 a 11.55 feet Shared access aisle (5 feet wide): 5 / 0.866 = 5.77 feet. 2. Space for ADA Section: Van-accessible ADA stall: 13.86 feet Car-accessible ADA: stall: 11.55 feet Shared access aisle: 5.77 feet 3. Remaining Space for Standard Stalls: Total curb length: 107.87 feet Total for ADA section: 13.86 + 11.55 + 5.77 = 31.18 feet. Remaining space after ADA section: 107.87- -31.18 =7 76.69 feet Number of standard stalls: 76.69 /11.55 a 6.64 stalls (rounded down to 6). Conclusion 6 standard stalls In 107.87 feet, you can fit a total of 8 angled parking spaces: - lvan-accessible ADA stall (12 feet wide) -1c car-accessible ADA stall (10 feet wide) with a shared 5-foot access aisle. This layout leaves approximately 7.39 feet ofl buffer space formaneuverabilily or other" adjustments. Scenario Two Ave D at 4th St (91.26 Feet) and conclusions are provided below. Key Calculations 1.E Effective Curb Length per Stall: Stall Width: 10 feet sin(60*)=0.866 2. Space for ADA Section: A ADA stall: 11.55 feet. This calculation evaluates if91 feet is sufficient to accommodate 7 angled parking stalls, including an. ADA space with an access aisle, at a 60-degree angle. Detailed calculations Formula: Curb Length = Stall Width/sin(609) Effective curb length per stall: 10/0.866311.55 feet. Access aisle (adjusted for angle): 5/sin(60>)s5.77 feet. - Total for ADA stall + access aisle: 11.55 +5.77 = 17.32 feet. - Curb length for 5 standard stalls: 6 x 11.55 = 69.3 feet. Standard stalls + ADA section: 69.3 + 17.32 = 86.62 feet. In 91.26 feet, you can fit a total of7 angled parking spaces: -lcar-accessible ADA stall (10 feet wide) with a 5-foot access aisle. 3. Space for Standard Stalls: 4. Total Space Required: Conclusion 6s standard stalls adjustments. This layout leaves approximately IP--T or other OZEZE 15 VIOOIHOVIVAV ONV: 133815 HLD 107 SNIXAVd MOT383AO NNI NOSBIS GZEZE Bvwva 93H3 SNOISIASY ED-08L -Z3BHAN 39s NVId 39VNIS 9 au JONOO- B Staff. 0 0 14 0 5 10 7 0 6 0 0 o 4 12 36 22 29 Space Gibson Franklin Dining Franklin Parlor Bar Franklin Porch* Franklin Patio* Spa Café** Category totals *= staff incl. with Franklin count ** includes Courlyard service Parking Space Calculator Rounded Rooms Tables Stools peak Parking Area Spaces 13 8 16 0 10 15 17 6 3 88 8 8 8 24 112 112 69 9 Taranto Lot 9 Ave Cat lot 3 4th st hotel side 0 Ave CI hotel side 0 Market St 4 Ave D hotel side 4 45 Ave D Parking Lot 4th St Ave D Total physical Historic Waiver Gibson Buck House 45 Ave D waived spots avail Subtotal Rooms 1:1 Staff 1:2 Tables 1:2 Stools 1:4 Subtotal 69 14.5 18 5.5 107 69 15 18 6 108 108 Total spaces required: Total Spaces Available: Gibson Inn Parking Plan = Historic Waiver request Spaces required: 108 Physical spaces: 88 Balance: 20 The Parking Configuration calculator preceding shows total rooms, staffing at peak levels, and table/stool layouts for all F&B outlets on the property. To avoid any concern about accuracy of the totals, we have rounded up half-space requirements to the next whole number. Per City requirements for overnight rooms, staffing, and tables/stools, the Gibson property needs 108 With a waiver of 8 spaces already granted for the historic Gibson Inn building at 51 Ave C, we are requesting the Historic Waiver for the two other historic buildings being incorporated into the Gibson property with this proposal. Those are the J.F. Buck House (Hays House), and 45 Ave D (variously known as the A&P, Bi-Rite, Papa Joe's, etc) with 6 spots waived for each of those two structures. They are listed on the Florida Master Site File as FR00166 and FRO2630, respectively. Under this plan, 45 Ave D will be legally bound to the Gibson property - as were the Taranto lots To put the counter-argument plainly: simply bulldozing the registered historical building at 45 Ave D would provide enough space to obviate any need for parking being waived or mitigated. However, we all agree that is not the intent or desire behind the Historic Waiver exemption. The purpose of the Historic Waiver in the City's codes is to encourage the preservation and renovation of the historic structures that make downtown Apalachicola a unique and timeless treasure. The waiver allows for the functional use of historic buildings when the businesses of which they are a part would not otherwise be able to provide the required parking on the property. If45 Ave D is legally tied to the Gibson overall property, as parking or otherwise, then the Historic Waiver for that structure should be considered as part of the overall parking count, as it We would like to clarify that we are not requesting a waiver of all the spaces for which these buildings are eligible, simply those necessary to meet the Gibson's parking load. Again, we understand that any proposed future increases in usage density would require a parking review. total parking spaces. required by P&Z contingency - ensuring this parking use in perpetuity. iswith the Buck House at 48 Ave D. Historic Buildings eligible for waiver: 51 Ave C (FR00284, historic Gibson Inn building)* 48 Ave D: (FR00166, Buck House/Hays House) Spaces Eligible: 8 8 8 24 Requested: 8* 6 6 20 45 Ave D (FRO2630) Total Waiver Spaces: *51 Ave C approved for 8 spaces at Jan 2025 CC meeting. 1555 s 3543 44,4444444 m 444,4,4444 I 888 B m a a 3 $ W N s 8 8 ls 0 0 8 I a B E 6 a - s B S B B a 0 lE ls < luesday,lanuary21 Lunch Q B E C $ Porch A Porch sidewalk Patio tables Booth table S2 3 APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: February 4, 2025 No Wake Ordinance 2024- - 07 Second Reading SUBJECT: AGENDA INFORMATION: Item Number: Department: Contact: Presenter: Agenda Location: Unfinished Business 3 Administration Travis' Wade Travis Wade BRIEFSUMMARY Ordinance 2024 - 07 was reviewed by FWC attorneys who requested that the City amend the ordinance to remove certain language. The updated ordinance is being presented tonight for Second Reading and approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: Motion to Approve the Second Reading of Ordinance 2024-07. FUNDING SOURCE: N/A ATTACHMENTS: Ordinance 2024-07 STAFF'S COMMENTS AND RECOMMENDATIONS: ORDINANCE2024-07 AN ORDINANCE RELATING TO CITV OF APALACHICOLA; AMENDING BOATING RESTRICTIONS/REGULATIONS FOR THE SCIPIO CREEK AREA; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND, PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Doatingsalelyconcems were broughttothea attention of Cityof Apalachicola officials around Scipio Creek within the Apalachicola River; and WHEREAS, Florida Statutes S 327.46(1)(b) authorizes the City of Apalachicola to establish boating safety: zones by ordinance without additional agencyapprovat, and WHEREAS, the Cityof Apalachicola has elected to establish Idle Speed NoV Wake boating safety; zones within the Apalachicola River. NOWTHEREFORE, BE IT ORDAINED BV THE CITY COMMISSIONOFAPALACHICOLA, FLORIDA: SECTION I. City of Apalachicola Ordinance 2024-056 establishes the following boating restrictions. 1. Pursuant to Florida Administrative Code Chapter 68D-23.103, "Idle Speed No Wake" and' "Idle Speed" may be used interchangeably and mean that ay vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed sO slowly that the operator is unable to maintaincontrolover the vessel or anyothervesset or object thati it hasunder tow.2. Idle Speed No Wake boating safety zone from shoreline to shoreline, on Scipio Creek, southeast of a line that passes through approximate point (29° 43'51.48"N, 84° 97,6wpependicuar to the centerline oft the waterway, andnorthwest of al linet that aseathoughappoaimate point/29-446.42-N84-5942.65Wiperpendicularto: the centerline of the waterway, as depicted int the attached ExhibitA. SECTION:2. PENALTY. The provisionsoft this section may be enforced by any law enforcement officer as defined in Section 943.10, Florida Statutes. Pursuant to Section 327.73, Florida Statutes, any person cited for a violation of any such provision shall be deemed to be charged witha noncriminatintfraction, shall be cited fors such ani infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided for allowable county court costs for boating infractions. Where a statute or administrative rules are referenced herein, this shall meani the most recently adopted version of said statute and administrativerules. SECTION 3. REFERENCE TO OTHER AUTHORITY. Where a statute or administrative rules are referenced herein, this shall mean the most recently adopted version of said statute and administrativerules. SECTION 4. CODIFICATION. The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Apalachicola. The sections ofthis ordinancemay ber renumbered or re-lettered to accomplshsuch, andthe word "ordinance" may be changed to "section", "article", or anyother appropriate word. Section5. REPEAL. Allordinances or parts of ordinances in conflict herewith arel hereby repealed. SECTION6. EFFECTIVEDATE. This Ordinance shallb be effective uponcompletion of thet following: approvedand: adopted pursuant to the City of Apalachicola's procedure, approval by the Florida Fish and' Wildlife Conservation Commission pursuant to Section 327.46, Florida Statutes and upon posting of theregulatorymarkers. This Ordinance was read and adopted on Ordinance was made by Commissioner 2025. Motion to adopt second by Commissioner Voting Aye: Voting Nay: FOR THE CITY COMMISSION OF THE CITY OFAPALACHICOLA Brenda Ash, Mayor ATTEST: Sheneidra Cummings, City Clerk ATTORNEY REPORT TO: FROM: DATE: SUBJ: City Commission, City of Apalachicola Daniel W. Hartman, Esq. February 2025 City Attorney Report for Commission Meeting 1. Tree Ordinance Procedure At the January 2025 Regular Meeting a Citizen/Advisory Board Member raised an issue regarding the proper procedure for adoption of the pending Tree Ordinance. Specifically which adopted City procedure should be followed. With the assistance oft the Plannern my recommendation is to follow the most recent Ordinance adoption procedure. This procedure appears to be the one adopted on June 4, 2019 and is found at Rule 14, see attached. Rule 14 does appear consistent with section 166.041, F.S. which governs municipal ordinance adoption. 2. Lease Termination Notice to' Tenants in Municipal Complex The Tenant's who have Leased space in the Municipal Complex have a variety of termination provisions in their Leases and as a matter of law. The required notices contained in the various Leases range from one (1) year for the Fitness Center to ninety (90) days for the NEST. In addition to the Lease provisions a City has certain statutory and common law rights specific to municipalities when dealing with the lease ofits own Ideally, the City could commit to a path regarding relocation of City Hall and provide a uniform (1) year notice to the current tenants that they will need to relocate. In the event the City has not vacated City Hall at the end of the one (1): year Notice period, we could property that provide some flexibility ifneeded. offer tenants the ability to hold over on a month to month basis. 1 Regular Meeting- 6/4/19-1 Page 4 CONSENT AGENDA Mayor Johnson presented the ConsentAgenda: and asked ifanyi items should bei removedi before motion. Commissioner Grove had: some questions ont thel May7,20191 meeting minutes anda asked consideration ofa the consenta agenda. thati ith be pulled from Meeting Minutes Adoption- Adopt the April 30, 20195 Special Minutes Planning & Zoning Minutes Confirmation Confirm the April 2019 Grant Agreement- CareerSource GulfCoast- To Approve the Grant the Amountof$ $50,000 for Providingas Summer Enrichment! tommissioner. Ashr madear motion to approve thez revised consent agenda, after Following discussion, Commissioner Grove madean motion tos approve the Commissioner Ash seconded: andt ther motion carrled 4-0, stated tot the City! Board that they arej just thé Grant Agreement! Documents. Planningand Zoning Minutes- - Mr. Nalley Agreement with CareerSource Gulf Coastin Program and Authorize the Cityl Managertol Execute confirmingi nota approving P&Z minutes. frtierdiscussion. Commissioner Elliottseconded: and ther motion carried 4-0. removing thel May7,20191 Minutes for May? 7,20191 minutes with no changes. UNFINISHED BUSINESS APALACHICOLA CITYCOMMISSION ----A OF' THE) RULES OFI PROCEDUREI FORTHE Alornay Floydi read Resolution 2019-07i ini its entirety. RESOLUTION PROVIDINGI FOR THE ADOPTION OFTHE RULES OFE PROCEDURE FOR' THE Onmlisloner Bliottn madean motion to: adopt Resolution 2019-07. commissioner, Ashs seconded andt TKOFAPALACHICOLA CITY COMMISSION OFTHE the motion carried UNFINISHED BUSINESS AOPOSADT-MOBILESITEI LEASEAGREEMENT B. R L rentalp E and Avenuel ofT-Mobile Lfort thel approached the City: about! leasingap portion ofther watert tower on Coach attardardle snand leases agreement fort the Commisslon's consideration. and operation ofan antenna facility. T-Mobile provided VRLA ClyAttorheyt tor negotiatea aj proposed lease and presenti itl back Atthel tot the March Commission meeting, the! Board asked the City determinei now contains an Option Period ofc oney year with two one-yearr renewals fort their consideration. at $500 peryear. Once' T-Mobile decides toe exercisei its government: the approvals, The costo of Paymento of$ $1,800 per month for the first! 5y years, which willi increase option, Agreement sets forth the fulterm! ist realized, thel lease woulde extend nowf for only 15y years, Other upon each successive renewal as a' "Publicl Facility or Structure." The City R-2 Zoning) Districtand: allows the antenna througha the Cityt tot terminate thel Lease andi includes Attorney and? Mr Nalley, reported that the revised Contract happent tot the water tower,. The newlya added: Section 191 from' T-Mobile the facilityt to remainc orbe location, installation ifthes to allow T-Mobile an Perlod remains sitei iss suitable for thep proposed use and to obtain all 0,1215 eptions 18, and 19, The propertyi isl loçatédi in thel revisions havel been recommended languaget that would allow 2017-04 which now: seems tol bein discouragest thel long term lease or improvement of thel historic Madison LICHEARINGSI REGULAR MEETING-JTIAG-TAGEI Malon carried. Bartley, Webb, Johnson, Elliott, Mayor Howze Valng Aye: None Valng Nay: &1 Land Development Code. Amendment Procedure- - Ms. Webb presented ppramdr Plan policy to the Board. Johnson suggested that 1 joint workshop be held. commissioner Mayor adopted. Howze suggested that 2 workshops be held to iron out any differences before Webb stated that wording can be changed to read at least 1 workshop be held. Ms. M Webb stated that a quorum from both the Planning & Zoning and the City Commission Motion to approve the Comprehensive Plan and! Land Development Code Amendment Procedure Policy madel by Commissioner Bartley, second by Commissioner Elliott. would have to be met in order tol hold the workshops. Motion carried. Voting Nay: None Voting Aye: Webb, Johnson, Elliott, Bartley, Mayor Howze $350,000 DOT Project Line of Credit- - Ms. Webb stated the City needs to continue the existing line of credit for the DOT project. The City will get reimbursed for thej project at theend oft the project, and when funds are received, the line of credit will be paid off. Motion to continue $350,000 line of credit for the DOT project made by Commissioner Bartley, second by Commissioner Elliott. Motion carried. Voting Nay: None Voting Aye: Johnson, Elliott, Bartley, Webb, Mayor Howze Firel Department Radios (MSBU Funds) -Ms. Webb stated thel Fire Department has money in their MSBU account toj pay for their radios. The costs is approximately Motion to pay for Fire Department radios, approximately $21,500.00, with MSBU funds $21,500.00. made by Commissioner Webb, second by Commissioner Bartley. Voting Aye: Elliott, Bartley, Webb, Johnson, Mayor Howze Motion carried. Valing Nay: None RULES OF PROCEDURE FOR" THE CITY COMMISSION OF THE CITY OF APALACHICOLA EFFECTIVE. JUNE 4, 2019 The City of Apalachicola Charter allows the City Council to adopt procedural guidelines for City Council meetings to the extent they do not conflict with local or state law. The following Rules of Procedure will provide more detailed guidelines for the conduct of efficient and orderly meetings. Robert's Rules of Order will serve as a guide for parliamentary procedures in the conduct of all City Commission meetings. Any exceptions noted int these rules or by Resolution of the Commission shall take precedence. A violation of parliamentary procedure shall not call into question the validity ofa any decision or action of the Commission so long as the requirements of State law and the City Charter have been met and the intent of the Commission is clear from the minutes of the proceedings. PARLIAMENTARY PROCEDURE RULES OF CIVILITY The City of Apalachicola encourages citizen participation in the democratic process and recognizes and protects the right of freedom of speech afforded to all. As the City Commission conducts the business of the City, rules of civility shall apply. City Commission members, City officials, and members of the public are to respectfully communicate according to the City Commission's Rules of Procedure. Persons shall speak only when recognized by the Presiding Officer and, at that time, refrain from engaging in personal attacks or derogatory or offensive language. Comments from citizens being made at ai time other than during the period titled "Public Comments" should be focused ont the issue at hand. Outbursts will not bei tolerated and those who do not conduct themselves in a respectful and lawful manner shall be subject to removal as outlined in the City Commission's Rules of Procedure. It shall be the responsibility of each individual to demonstrate civility. PREFACE The City of Apalachicola conducts municipal government, performs municipal functions, and renders municipal services and exercises any power for municipal purposes according to the City Charter, except as otherwise provided for by law. Any conflict or need for clarification arising out of the following Rules of Procedure shall be resolved, where applicable, by provisions of the City Charter which shall prevail, except as otherwise provided for by law. Any Amendments to the City Charter which may require revisions tot the Rules of Procedure shall be administratively prepared by the City These Rules of Procedure are adopted by the City Commission to guide the City Commission through its primary operations and functions. They are designed to provide the structure needed to conduct City business while also maintaining the flexibility needed to efficiently and effectively carry out the The Government int the Sunshine Act, also known as the Sunshine Law, provides a right of access to governmental proceedings of public boards or commissions at both the state and local levels. The law ise equallyapplicable to elected and appointed boards, and applies to any gathering of two or more Clerk and adopted by the City Commission. public business as circumstances may dictate. members of the same board to discuss some matter which will foreseeably come before that board for action. Members-elect to such boards or commissions are also subject to the Sunshine Law, even though they have not yet taken office. There are three basic requirements of S. 286.011, F.S.: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken and promptly recorded. All City Commission meetings shall be held in the Community Center, 1 Bay Avenue, Apalachicola, Florida, unless advertised otherwise, and shall be open to the public. In case of emergency, the Mayor may designate an appropriate meeting place for a meeting open to the public. Robert's Rules of Order, as revised, sO long as they do not conflict with Ordinances, Statutes, these Rules, or the Apalachicola Charter, shall be used as a guide in conducting City Commission meetings. As noted in City Charter Section 17, the City Commission shall hold regular meetings on the first Tuesday after the first Monday of each month commencing at 6:00 p.m. From time to time, regular meetings may be adjusted by Resolution of the City Commission to accommodate al holiday schedule. Meetings shall also be rescheduled to accommodate Elections as scheduled by the Franklin County Supervisor of Elections. The news media shall be notified and appropriate notice shall be posted at City RULE1 MEETINGS RULE 2 REGULAR MEETINGS Hall and on the City's website. RULE3 SPECIAL MEETINGS The Mayor, or ini the Mayor's absence, the Mayor Pro-Tem, two (2) or more Commission members, or the City Manager, may call or schedule a Special Meeting of the City Commission. A minimum of forty eight (48) hours' notice shall be given to all City Commission members for all Special City Commission Meetings. Notice of the call of such Special Meetings shall be by majority agreement of the City Commission, ori in writing, signed by the party or parties making the call, and shall be served on every member, either by notifying the member in person, by telephone, electronic media, or by leavinga a copy of said notice at the member's legal residence. The news media, the City Attorney, the City Clerk, the City Manager, and affected Department Heads shall also be notified. The notice shall state the business to be transacted at such meeting and no other business than that sO specified shall be transacted. Only matters on the agenda or matters of an emergency nature may be acted upon by the Commission. Justification of emergency action shall be noted int the minutes of the meeting. Notice shall be posted at City Hall. RULE4 EMERGENCY MEETINGS The Mayor, ori in the Mayor's absence, the Mayor Pro-Tem, two (2) or more Commission members, or the City Manager, may call an Emergency Meeting of the City Council upon not less than six (6) hours' notice to every City Commission member. Notice of the call of such Emergency Meetings shall bei in writing, signed by the party or parties making the call, and shall be served on every member, either by notifying the member in person, by telephone, electronic media, or by leaving a copy of said notice at the member's legal residence. The news media, the City Attorney, the City Clerk, the City Manager, and affected Department Heads shall also be notified. The notice shall state the business to be transacted at such meeting and no other business than that SO specified shall be transacted. Notice shall be posted at City Hall. If there is no longer a need for an Emergency Meeting, the entity that called the meetingi is authorized to cancel such meeting. RULE5 WORKSHOPS Aw workshop may be called orally ori in writing by the Mayor, any two (2) or more City Commission members, or the City Manager. The City Commission can initiate workshops, also known as Special Meetings, that are public meetings to improve communication, to gaini information, ort to createa stronger working relationship among the elected officials of the general city government. Public attendance is encouraged. A minimum of forty eight (48) hours' notice shall be given for all Workshops and shall be posted at City Hall. RULE6 QUORUM AND ATTENDANCE (a) A Quorum of the City Commission for the transaction of any business shall consist oft three (3) members, but al lesser number may adjourn from time to time until a quorum is present. Once aquorum has been established, a majority of the City Commission present at the meeting shall be required to carry a motion, unless, by Statute, Ordinance, or other regulation, an extraordinary majority (4/5ths) of the City Commission is required for approval. Absence from four consecutive regular meetings of the Commission shall operate to vacate the seat ofa member, unless such absence is excused by the Commission by Resolution. As stated in City Charter Section 20, "The affirmative vote of three members shall be necessary to adopt any ordinance or resolution, and the passage of all ordinances and resolutions shall be taken by the (b) City Commission members may participate at all regular, special, or emergency meetings of the City Commission by use of electronic media int those instances where the member is temporarily deployed, reassigned, activated, or transferred by any branch of the United States Military or the Florida National Guard for a period of longer than thirty (30) days. In addition, this policy shall cover any other situation resulting in the absence of the member due toi illness, medical related issues of a non-incapacitation nature, or extraordinary circumstances related to their) job or family emergencies causing them to be physically unable to attend a meeting. In all instances, participation by electronic media will only be allowed ifa quorum is physically (c) In addition to the City Commission members, City officials whose regular attendance shall be required at meetings of the City Commission are the: City Attorney, City Clerk, City Manager, or their designees, and City Department Directors as charged by the City Manager. The Chief of Police, or their representative, shall be present to provide security and assistance in "yeas" and "nays" and entered upon thej journal." present at the site where the meeting is actually being held. maintaining order. RULE7 NEW COUNCIL MEMBERS The term of City Commission members elected to office shall commence on the first Tuesday following the first Monday in October following the general election. A: swearing-in ceremony for the new City Commission members will be coordinated by the City Clerk. The City Clerk in conjunction with the City Managerwill provide orientation materials. RULES 8 ELECTION OF MAYOR PRO-TEM (a) The election of Mayor Pro-Tem pursuant to Section 16 of the Charter shall occur at the first regular meeting following each regular municipal election at which newly elected Commissioners assume their duties of office. (b) In case of the absence or temporary disability of the Mayor, the Mayor Pro-Tem serves as the Presiding Officer during the absence. In case of the absence or temporary disability of the Mayor and Mayor Pro-Tem, an Acting Chair, elected from members of the City Council, serves during the continuance of the absences or disabilities. RULE9 PRESIDING OFFICER (a) The Mayor, or in the Mayor's absence the Mayor Pro-Tem shall preside over all meetings of the Commission. In the absence of the Mayor and Mayor Pro-Tem, at the hour fixed for any meeting, the City Manager shall call the City Council to order, whereupon a temporary Chair shall be elected by the members present. Upon arrival oft the Mayor and' Vice-Mayor, the temporary Chair shall relinquish the chair upon conclusion of the business immediately before (b) The Presiding Officer shall be responsible for enforcing the Rules of Procedure and conducting meetings in a manner which preserves order and decorum, prevents attacks on personalities or the impugning of members' motives, and confine debate or comments to the question under discussion. The Mayor shall endeavor to conduct meetings in a fashion that draws balance between the informality and congeniality possible in a small community while also maintaining the decorum and formality necessary to conduct business in an orderly fashion. (c) The Presiding Officer shall take the Chair at the hour fixed for the meeting and call the members to order. The Presiding Officer shall state every question given before the Commission. The City Clerk will record the vote on all matters in which the recording of yeas and nays is required byl law or with respect to which any member requests such recording. The Presiding Officer or City Clerk will announce the decision of the City Commission on all subjects and the Presiding Officer will decide on questions of order. Any member may appeal from the decision of the Presiding Officer, in which event a majority vote of the members present shall govern and conclusively determine the ruling appealed. No other business, except a motion to adjourn ort to lay on the table, shall be in order until the question on appeal has been decided. (d) The Presiding Officer shall remain objective, consistent with Robert's Rules of Order. According to Robert's "Rule Against Chair's Participation in Debate," " the Presiding Officer has, as an individual, the same rights in debate as any other member; but the impartiality required of the Chair in an assembly precludes exercising these rights while presiding. On certain occasions, the Presiding Officer may believe that a crucial factor relating to such a question has been overlooked and that their obligation as a member to call attention to the point outweighs their duty to preside at that time. If the Presiding Officer wishes to place a motion, the gavel must be the Commission. relinquished. Based upon these Rules of Procedure, the gavel will be relinquished in the following order: 1. Mayor Pro-Tem; 3. City Clerk/City Manager. 2. Other City Commission members based on seniority of tenure; The "Rule Against Chair's Participation in Debate" further states that the Presiding Officerwho relinquished the chair shall not return to it until the pending main question has been disposed of, since they have shown themselves, to be partisan as far as that particular matter is concerned. Unless al Presiding Officer is extremely sparing in leaving the chair to take parti in debate, they may destroy members' confidence in the impartiality of their approach to the task Once a motion has been made and second received, the Presiding Officer shall hear comments from the other City Commission members. Following comments from the other City Commission members, the Presiding Officer shall be permitted to provide their input on the (e) The Presiding Officer may declare the meeting adjourned at any time in the event of an of presiding. motion. emergency affecting the safety of those present. RULE 10 CITY CLERK (a) The City Clerk, or Deputy Clerk, serves as parliamentarian, and advises the Presiding Officer as to correct rules of procedure or questions of specific rule application. The City Clerk calls to the attention of the Presiding Officer any error ini the proceedings that may affect the substantive (b) It shall be the duty of the City Clerk of the City Commission, in addition to other duties prescribed by law, to keep and preserve correct minutes of the proceedings of the City Commission. The minutes shall be a public record. Proposed substantive additions or corrections to proposed minutes, other than spelling and grammatical corrections, shall be furnished in writing to the City Clerk not less than twelve (12) hours prior to the meeting at which approval action is scheduled. The record of every meeting when approved and entered int the minutes shall be signed by the Presiding Officer at such meeting and attested by the City Clerk. The City Clerk: shall prepare an Agenda for each regular meeting of the City Commission int the order of business and furnish a copy thereof to each member, the City Attorney, and the City Manager at least seventy-two (72) hours in advance of said meeting. All official meetings of the Commission shall be recorded on an automatic recording device by tape, record, or other device and permanently preserved in the official records of the City or until their destruction as (c) Requests for copies of public records regarding a meeting of the City Commission shall be made through the Office of the City Clerk. The cost shall be in accordance with State law. rights of any City Commission member, or may otherwise do harm. specifically authorized by the State or City Commission. RULE11 RULES OF DEBATE (a) The Presiding Officer may move, second, and debate subject only to such limitation of debate as are enforced by these standing rules on all members and shall not be deprived of any of the (b) When a member desires to speak in debate on a subject open to debate, the member must address the Presiding Officer. When recognized by the Presiding Officer, the member may speak only on maters germane to the business or questions under debate. (c) Amember, once recognized, shall not be interrupted while speaking unless the member is called to order for transgressing any rule of the City Commission or failing to maintain proper decorum. Ifa member is called to order while speaking, the member shall cease speaking until (d) After the decision on any question, it shall bei in order only fora a member voting on the prevailing side to move for reconsideration at the same meeting, but such motion may be seconded by the member. Ifa motion to reconsider is lost, it shall not be renewed again at the same meeting. A motion to reconsider may be laid on the table or postponed indefinitely, and the effect of such action in either case shall be to defeat the motion to reconsider and to rights and privileges as a member. the questions of orderi is determined by the Presiding Officer. prevent further consideration thereof. RULE 12 CONDUCT AND RESPONSIBILITY OF MEMBER (a) Any member who is unable to attend a City Commission or other meeting due to sickness or for a duly authorized reason shall notify the City Clerk, who shall notify the Presiding Officer before (b) No member present at any meeting of the City Commission shall leave the meeting without (c) While the City Commission is in session, the members shall preserve order and decorum.. A member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the City Commission, or disturb any member while speaking, or refuse to obey the (d) No member shall speak on any question, discuss any matter, interrupt another, or make a motion without first addressing the Presiding Officer and obtaining recognition. (e) No member shall be allowed to vote on any motion or measure, or gain the privilege of the (f) Every member, in speaking on any matter, shall be confined to the question, shall not use the meeting. permission from the Presiding Officer. Rules of Procedure of the City Commission or the Presiding Officer. floor, unless the member is at their designated seat. unbecoming or abusive language, and shall avoid personalities. (g) No member shall be permitted to explain his or her vote during a vote, but may do SO during (h) Every member who is present when a question is put, unless excluded by a conflict of interest, (1) Every member shall observe the Code of Ethics as set forth int the laws of the State of Florida and as required by the Charter or Ordinances of the City. Disclosure to the City Commission ofa a private interest, as required by the State law on ethics, shall be accomplished in the form as () Nor member shall direct the City Manager to forward to another political subdivision or government agency communications on matters under consideration by the City Commission or its committees except where there is clear understanding of approval by the City Commission ori in response to routine matters in consonance with the previous actions oft the City Commission. Nothing precludes ar member from initiating correspondence on City stationary over their own signature indicating the City Commission seat they currently hold. Nothing in this Rule is to be construed to limit or restrict the Mayor acting in his or her official capacity from coordinating with the City Manager in answering or responding to correspondence or (k) Ex parte Communications: - Oral or written communications (sometimes referred to as lobbying ori information gathering) between a Commission Member and others, including staff, where there is a substantive discussion regarding a quasi-judicial decision by the City Commission. The exchanges must be disclosed by the City Commission member sO the public may respond to discussion and prior to the result of the vote being announced. shall vote in the affirmative or negative. prescribed by the Commission of Ethics, State of Florida. communications relative to the business of the City. such comments before a vote is taken. CONFLICT OF INTEREST RULE13 No City Commission member shall vote int their official capacity on a matter which would inure to their special private gain or loss, or which the City Commission member knows would inure to the special gain or loss of any principal by whom they are retained, of the parent organization or subsidiary ofa corporate principal by which they are retained, or a relative or of a business associate. The City Commission member in conflict shall announce such conflict before any discussion commences. They may participate ini the discussion but may not vote. Within 15 days off following that City Commission meeting, they shall file with the City Clerk al Form 8B which describes the nature of their interesti int the matter. The Form 8B shall be received by the City Clerk and incorporated into the minutes of the meeting. RULE 14 ORDINANCES An enacted Ordinance is a legislative act that prescribes general, uniform, and permanent ruleso of conduct relating to the corporate affairs of the City. City Commission action shall be taken by Ordinance when required by law, or to prescribe permanent rules of conduct which continue in force until repealed, or where such conduct is enforced by penalty. All Ordinances shall be introduced in writing, and scheduled for public hearing after advertisement, (a) Any non-emergency Ordinances, with the exception of zoning Ordinances, shall be initiated by either a member of the City Commission, the City Attorney, or the City Manager. Each Ordinance shall bei introduced in writing and shall embrace one (1) subject and matters properly connected therewith. The subject shall be clearly stated in the title. No Ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out int full the revised or amended act, section, or subsection or paragraph of a section or subsection. Rezoning Ordinances shall be scheduled on the City Commission Agenda following the required public hearing(s) before the Planning and Zoning Board and, once scheduled, the same procedure as outlined shall be followed unless State law provides otherwise. (b) Any Ordinance or Resolution prepared for consideration by the City Commission shall be reviewed by the City Attorney prior to introduction to the City Commission. Upon request by the Presiding Officer or any member, the City Attorney shall render an opinion to the City Commission concerning the legality of any Ordinance or Resolution pending before it. Every Ordinance and Resolution which amends prior Ordinances or Resolutions shall indicate words being deleted by strike-through, and shall include underlining of words being added to existing (c) In acting upon Ordinances, the Ordinance shall be introduced on first reading as to form only. The City Clerk: shall then cause the Ordinance to be published in a newspaper of general circulation in the City, at least ten (10) days before the second reading, a notice of proposed enactment pursuant to and incompliance with Chapter 166, Florida Statutes. Prior to adoption, ons second and final reading, a public hearing shall be held to enable citizens to comment on the proposed Ordinance. On second and final reading, an affirmative vote of the majority of the members present shall be necessary for the passage or adoption of the Ordinance. (d) The Council may, by two-thirds (2/3) vote ofi its membership, declare an Ordinance to be an emergency measure and pass such Ordinance without regard to any reading as required by the City Charter. Every emergency Ordinance, except emergency: appropriations, shall automatically stand repealed as of the sixty-first (61st) dayf following the date on which it was adopted, but this shall not prevent reenactment of the Ordinance under regular procedures, ori if the emergency: still exists, int the manner specified in the City Charter. An emergency Ordinance may also be repealed by adoption ofa a repealing Ordinance in the same manner specified in the (e) Whenever any Ordinance or Resolution has been introduced for the consideration of the City Commission, and the measure failed to be adopted or passed, such measure, unless substantially changed, shall not be introduced again until the lapse of at least three (3)months from the date oft the City Commission meeting at which it failed adoption or passage. f) Ifa Motion to pass an Ordinance fails, the Ordinance shall be considered lost. provisions. Charter for adoption of emergency Ordinances. (g) Upon final passage, every Ordinance and Resolution shall be signed by the Presiding Officerof the Commission, attested by the City Clerk and approved as to form by the City Attorney. RULE 15 RESOLUTIONS Generally, an enacted Resolution is an internal legislative act that is a formal statement of policy concerning matters of special or temporary character. City Commission action shall be taken by Resolution when required by law andi ini those instances where an expression of policy more formal than a motion is desired. All Resolutions shall be reduced to writing. A Resolution may be put toi its final passage on the same day on which iti is introduced. RULE16 MOTIONS An enacted Motion is a form of action taken by the City Commission to direct that a specific action be taken on behalf of the City. A Motion, once approved and entered into the record, is the equivalent of al Resolution in those instances where al Resolution is not required by law. All motions shall be made and seconded before debate. (a) A motion is to be worded in a concise, unambiguous, and complete form. (b) No speech is to be made in reference to a motion when it is introduced. There will be no debate until a motion has been seconded and, ifr requested by a City Commission member, the (c) When the question has been stated, it is before the City Commission and mover is entitled to (d) The order of procedure of motions shall bei in accordance with Robert's Rules of Order. question stated by the Presiding Officer or the City Clerk. thet floor. RULE17 WITHDRAWAL OF MOTIONS Any motion before the Commission may be withdrawn at any time prior to a vote being taken thereon by the Commissioner making such motion, upon agreement by the Commissioner seconding said motion to withdraw. the second. RULE: 18 AMENDING OF MOTIONS At any time during discussion of amotion on the floor, a motion to amend said motion may be made. If the amending motion is seconded, the Commission shall at the conclusion of discussion, first vote on the amending motion and then upon the original motion in its amended form. An amending motion may be withdrawn in the same manner as set forth in Rule 17. RULE19 RECONSIDERATION A motion to reconsider shall be allowed at any time during a meeting, except when a motion on some other subject is pending. No motion to reconsider shall be made more than once on any subject at the (a) At the same meeting during which an action was taken, provided that the motion to reconsider isn made by a City Commission member of the prevailing side of the original motion. same meeting. A motion to reconsider may be made: (b) Atas subsequent meeting by any Commissioner. Upon passage of a motion to reconsider, no substantive action on the matter may be taken at that meeting sO that the public and media may be on notice of the matter to be reconsidered. The subject matter shall be scheduled at the next regular City Commission meeting for any action the City Commission deems advisable. RULE20 RESCINDING ACTION PREVIOUSLYTAKEN City Commission action may be rescinded by a four-fifths (4/5) vote. The motion may be made by any City Commission member after a motion to reconsider has been adopted by a majorityvote. By permission of the Presiding Officer, the privilege of the floor shall be extended to a citizen or citizens to address the Commission on any matter pending before it or which needs the attention of the City Commission. At public hearings required by law or fixed by the City Commission, the Presiding Officer shall extend thet floori to a reasonable number of proponents or opponents of the subject matter of the public hearing, and those filing written requests to be heard with the City Clerk shall be heard prior to other persons who appear at the hearing. Each person addressing the City Commission shall proceed to the place assigned for speaking, give his or her name and address in an audible tone of voice for the record and limit his or her address toi three (3) minutes, unless al lesser time is fixed for all speakers by the Presiding Officer or further time is granted by the City Commission. The person may speak only to matters germane to City! business or to questions under discussion. All remarks shall be addressed to the City Commission as a body and not to any member thereof. All questions of RULE 21 PRIVILEGE OF THE FLOOR members shall be directed through the Presiding Officer. RULE22 PARLIAMENTARY, AUTHORITY Robert's Rules of Order, SO far as they are applicable or not in conflict with these standing rules, the Ordinances, or the Charter of the City, shall govern the proceedings of the City Commission. Any standing rule contained herein may be temporarily suspended for special reasons by a vote of four-fifths (4/5) of all City Commission members unless such suspension would conflict with provisions RULE23 SUSPENSION OF STANDING RULES of the Ordinances or the Charter of the City. RULE 24 EFFECTS OF RULES No Ordinance, Resolution or action duly passed, adopted or taken by the City Commission shall be held to bei invalid because of failure of the City Commission to comply with or abide by any one or more of the provisions of these standing rules if such Ordinance, Resolution or action would otherwise be valid under the Charter or Ordinances of the City or laws of this State but for such provisions of these standing rules alleged to have been violated ori ignored. RULE25 INFORMAL CONSIDERATION OF MATTERS When, int the judgment of the Presiding Officer, it becomes necessary to give detailed consideration to a matter under conditions of freedom, approximating those of a Committee, the Presiding Officer may entertain a motion for the City Commission to consider the matter informally. When such a motion is made and properly seconded, the effect is to suspend the standing rule limiting the number of times a member can speak and inquire into matters of fact on the main questions and any amendments, except that the member may not inquire a second time into questions of fact until other members While considering a question informally, the Council may, by four-fifths (4/5) vote, limit the number or length of speeches ori in any other way limit or close discussion. Proceedings of the City Commission under informal consideration are recorded in the minutes of the meeting just as they would bei ift the considerations were under formal standing rules. Informal consideration ceases automatically as soon as the main question is disposed of. Informal consideration of a matter may also be ended before the main question is disposed of by a majority vote of the City Commission on a motion "that the regular Under the informal standing rules, members may obtain the floor after being recognized by the have had an opportunity to do SO. standing Rules of Procedure be enforced." Presiding Officer. RULE: 26 PREPARATION OF AGENDAS The City Manager and City Clerk are responsible for the preparation of the Agenda. The Mayor or any City Commission member may place an item on the Agenda. The City Attorney, City Clerk, and City As general practice, all supporting documentation and Board Request Form must be provided to the (a) The agenda will be in five (5) parts: Awards, Recognitions and Presentations; Reports and (b) Deadline for items to be placed on the Agenda is no later than 12:00 noon on the Tuesday (c) Content ofi items on the Consent Agenda shall be limited to routine items that do not need discussion, which may include but are not limited to such items as the Minutes, Resolutions, payment requests, and reports from committees; etc. During the reading oft the Consent (d) The City Manager or any Commission member may, in the event of an emergency, place items (e) Commission members are encouraged to present their reports as Agenda items in order to provide the public and other Commission members prior notification of the report's subject (f) Agendas and all necessary background materials will be delivered to the members no later than 5:00 p.m. on the Friday before the next meeting via notification by electronic mail. Int the event an item must be placed on the Agenda after it has gone to the City Commission, a Supplemental Manager may also place an item ont the Agenda. City Manager for review or the item(s) may not be included on the Agenda. Communications; Public Hearings; Consent; and Business. before the next meeting. Agenda, any member may pull ani item for separate discussion. ont the Agenda after the above deadline. matter. Agenda will bei issued no less than 24 hours prior to all meetings. (g) Arequest from a citizen tol be placed on the Agenda shall be received in writing on the Board Request Form provided by the City Clerk nol later than the close of business on the Monday of the week preceding the next regular City Commission meeting and include information and/or back-up documentation on the subject they want to discuss. Ifa citizen does not present an appropriate topic or information in writing, the citizen will not be placed on the Agenda but will be told that he or she can speak at the beginning of the City Commission meeting under Public (h) Citizens who wish to address the City Commission on an item on the agenda shall complete a Speaker Card and give it to the City Clerk! before the meeting starts. All persons, other than members of the City Commission or Staff, addressing the City Commission shall step up to the microphone and: state his or her name and address prior to making his or her statements. The Mayor shall have the authority to waive such requirement in the event of apparent physical (i) The Agenda, as well as any supporting documentation that are part of the Agenda, shall be available for review online on the City's website, ori in the Office of the City Clerk. Comment or have their Agenda item rescheduled to at future meeting. disability of the speaker. RULE27 AGENDAS- - ORDER OF BUSINESS The business of all regular meetings of the City Commission shall be transacted as follows; provided, however, that the Presiding Officer may, by simple majority voice vote or consensus of the City Commission, re-arrange items on the Agenda to more expeditiously conduct the business before the City Commission: (a) Invocation & Pledge of Allegiance to the Flag The City Council may maintain a clergy orl layperson rotational roster, which may be used to rotate among the local clergy or laypersons the presentation of the invocation at the regular or special meetings. The Presiding Officer shall lead the Pledge or delegate to another party. (b) Agenda Adoption (c) Awards, Recognitions and Presentations Items under this section include Special Award Presentations, Proclamations, scheduled citizen or group presentations, and recognitions. Proclamations, Special Awards, and Letters of Honor shall be requested and processed through the Office of the City and shall be submitted ona form provided by the City Clerk. (d) City Council Reports and/or Correspondence comments or discuss any items of concern. During this section, each City Commission member will have the opportunity to make (e) City Manager and City Attorney Reports and/or Correspondence During this section, the City Manager and City Attorney will have the opportunity to make comments, provide updates, or discuss any items of concern. () Public Hearings Public hearings shall be scheduled at regular meetings of the month unless otherwise determined by the City Commission or State Statute. The procedures followed for public hearings are generally as follows: (1) The City Manager, or their designee, should describe the Agenda item to be considered and provide the Staff recommendation. The Presiding Officer should then inquire as to whether any City Commission members have questions for the administration. After the City Commissioner's questions are answered, the Presiding Officer opens the public hearing and requests comments from the public. Generally, the petitioner or proponent for the issues in the Public Hearing is invited (2) Following public comment (if any), the Presiding Officer closes the Public Hearing. Discussion and consideration of the matter will follow under "Unfinished Business" to address the City Commission first. where a City Commission member may put forth a motion. (g) Public Comment The City Commission recognizes the importance of protecting the rights of its citizens and taxpayers to express their opinions on the operation of City government and encourages citizen participation in the local government process. The City Commission also recognizes the necessity for conducting orderly and efficient meetings in order to complete City businessi ina a The purpose of the public comment portion oft the meeting is to receive citizen input pertaining to matters over which the City Commission has jurisdiction or control. This period oft time is for comments and not for questions directed to the City Commission or Staff fori immediate answer or for debate. Questions directed to the City Commission may be referred to Staff to be answered within a reasonable period of time following the date of the meeting. The City Commission shall not take final action at the same meeting on items addressed under this section. Final action can only be taken if the City Commission waives its Rules of Procedures. The City Commission can direct Staff to place any item requiring final action on an upcoming City Commission Meeting or Workshop. The exceptions are items of an emergency nature SO No citizen shall speak until duly recognized by the Presiding Officer, and they shall immediately cease speaking and relinquish the podium when requested by the Presiding Officer. After being timely and proper manner. declared. recognized, the citizen shall: (a) Step up to the podium and give their name and address; member thereof, except through the Presiding Officer. (b) State the topic or position (for/against) of thei item under discussion; and (c) Address all remarks and questions to the City Commission as a body, and nota Five (5) minutes shall be allotted to each citizen who wishes to speak at this time, unless more timei is granted by the Presiding Officer or City Commission. Acitizen cannot yield time to NOTE: Citizens are encouraged to call the appropriate City department during regular business hours. If you have contacted the department and for some reason results were not satisfactory, please call the director of the department or the City Manager's office. Employees of the City may address the City Commission on matters of public concern. Employee comments that address an active grevance/arbitration, employee appeal matter (all of which are covered in the Personnel Policies and Procedures Manual) or a personnel dispute will not be entertained as part of citizen comments. Employees will be advised of the appropriate forum and process for presenting or discussing such matters. another citizen. (h) Consent Agenda The Presiding Officer shall inquire if any City Commission member wishes to withdraw any items from the Consent Agenda. If any item is withdrawn by any member of the City Commission, the Presiding Officer addresses those item(s)i individually following the vote on the motion to approve the other Consent Agenda items. (i) Council Business Items in this section are reports or requests presented by the City Attorney, City Clerk, City Commission member, City Manager, or Staff for City Commission consideration. (j) Adjournment No meeting shall be permitted to continue beyond 10:00 p.m. without the approval ofa majority of the City Commission. A new time limit must be established before taking a City Commission vote to extend the meeting. In the event that a meeting has not been closed or continued by City Commission vote prior to 10:00 p.m., the items not acted on are to be continued to 8:30 a.m. on the following day, unless state law requires hearing at a different time or unless the City Commission, by majority vote of members present, determines otherwise. RULE28 BOARDS, COMMITTEES, AND MEETINGS The City Commission may form ad hoc or special committees from time to time. Citizenadvisory boards and committees may be created and dissolved by Resolution, Ordinance, or other act adopted by the City Commission. All members shall serve at the pleasure of the City Commission. The mission of advisory boards and committees shall bet to examine various policy issues referred by the City Commission, staff, or as determined in the work plan. Committees shall provide guidance to the City Commission in the development of policy recommendations. Committees shall not attempt to manage the administrative operations oft the City; the committee will not be involved in directing staff. (a) The City Manager/City Clerk's office shall furnish the Chair of each advisory board or committee copies of all Resolutions or Ordinances that pertain to that committee. Such information shall be delivered to the committee Chair within one (1) week after adoption by (b) Appointment to citizen advisory boards/committees shall bel by roll call vote during a regular City Commission meeting. Priority must be given to applicants from the City of (c) All citizen advisory boards/committees or other bodies shall meet at the Community Center, 1B Bay Avenue, Apalachicola, Florida or other public buildings within the City after required public notice is given. Generally, committee meetings should be scheduled on days other than days of the City Commission meetings. The news media shall be notified and appropriate notice shall be posted at City Hall. All meetings shall comply with state law the City Commission, or as soon thereafter as possible. Apalachicola. regarding public meetings. (d) Committee Chairs and Committee Vice-Chairs shall be elected by the membership and both shall serve for at term of one (1) year orf for a different term as the City Commission may decide. Committee members shall be approved by the City Commission. Committee meetings may be called by the Chair, Vice-Chair, Mayor, or the City Manager when sufficient business or timing is appropriate. Such meetings shall have an Agenda published to each Committee member when possible at least seventy-two (72) hours in advance. If the Committee Chair is unwilling or unable to call committee meetings, the Vice-Chair may (e) All citizen advisory boards/committees or other bodies shall provide the minutes taken at each meeting to the City Clerk. All communications to the City Commission from such boards, committees, or other bodies shall be received by the City Commission's Presiding (f) All Chairpersons of citizen advisory boards/committees or other bodies may provide updates to the City Commission at its regularly scheduled meetings. All requests for presentations shall be submitted to the Office of the City Manager or City Clerk. (g) City employees shall not be precluded from serving on citizen advisory or other committees (h) The City Commission may make exceptions to the above general policy on a case-by-case basis when necessary to: preserve the stability of the board or committee; retaina call the meeting. Officer with a copy to the City Clerk. so long as membership requirements are met. particular appointee because of his/her special expertise or knowledge; or for such other () Appointees' personal and business affairs conducted within the City of Apalachicola must be in substantial compliance with all Cityr regulatory and taxing authorities' rules and regulations. Appointees deemed to bei in chronic violation of any City rules, regulations, or policies may be disallowed from membership on citizen advisory boards or committees by a Citizen advisory boards and committees created by ori in response to federal or state statutory requirements shall conduct business consistent with these guidelines unless otherwise provided for by such federal or state statutory requirements. (K) Citizena advisory boards and committees are required to adhere to the "Guidelines for Citizen Advisory Boards and Committees" as approved by the City Commission. These circumstances as the City Commission deems warranted. majority vote of the City Commission. guidelines are incorporated below. GUIDELINES FOR CITIZEN ADVISORY BOARDS AND COMMITTEES (1) Committees are to be designated as standing or special (ad hoc). (2) A sunset date will be specified for special committees when appropriate. (3) Transition between Members: By-laws, enacting Ordinances, guiding document, etc. will include language, which provides for members (whose terms have expired) to continue serving until the appropriate appointments are made. (4) Term length for serving on any standing committee will be a minimum of two (2) years unless otherwise specified (e.g. State Statute may require term lengths of less than two (2) years, board/committee enacting Ordinance provisions). (5) Attendance: (a) Reports/notices of absences are made to the board or committee Chair (or Staff (b) The board of committee liaison will provide written notice of attendance violations to the City Commission Presiding Officer. The City Commission will be responsible for removing members who do not meet the attendance requirement. (c) Absence from four (4) consecutive regular meetings of the advisory board or committee shall operate to vacate the seat of a member, unless such absence is excused by the City Commission by Resolution setting forth the fact of such excuse liaison if the Chair is unavailable). duly entered into the minutes. (6) Election of Officers: All board and committee officers (i.e. Chair, Vice Chair, etc.) shall be elected by the membership of the citizen advisory board or committee, unless otherwise specified. (7) Meeting Frequency: (a) Ata minimum, all boards and committees shall meet once per year. (b) The names of those boards and committees that do not meet this minimum requirement shall be submitted tot the City Clerk's Office. (c) Recommendations to dissolve committees or other recommended action willl be submitted to the City Commission for consideration. (d) Any advisory board or committee whose officers are elected/appointed as prescribed ini federal/state statute shall be exempted from Guideline No. 6. (8) Parliamentary Procedure: As appropriate, Robert's Rules of Order may be used asa guide in conducting board and committee meetings. SUSPENSION AND CONSTRUCTION OFF RULES RULE29 No permanent change in the standing rules shall be made without notice specifying the purpose and wording of the change given at a previous regular meeting of the Commission and the adoption of the permanent change by a vote of four-fifths (4/5) of all members. The Rules of Procedure are for the efficient and orderly conduct of City Commission business only. No violation of such rules shall invalidate any action of the City Commission when approved by a majority vote required by law. APALAC CITY OF APALACHICOLA CITY CLERK'S DEPARTMENT REPORT January 2025 Processed and mailed out utility bills before the end of the month Completed Billing Clerk's monthly tasks and conducted account audits Compiled agenda packets and emailed to Commission and City Attorney. Notified 2K Web Group to upload meeting agenda packets to website and postmeeting Assisted customers with cemetery items, utility bill questions and payments, garbage/yard trash complaints, public records request, golf cart decals, Battery Park ramp stickers, business licenses, and other miscellaneous duties. dates andi times to website. Processed ACH billing Audited Waste One Garbage Invoice and reconciled accounts that werei in error Completed tasks as assigned by the City Manager and Mayor. Fulfilled 4 Public Records Request; 2 open requests Completed and mailed general monthly billing. Assisted Staff with various issues and projects. Assisted employees with HR related issues Issued 24-25FY Business Tax Receipts Completed billing adjustments and Water deposit refund requests Responding to emails and fulfilling requests that requires research Additional tasks related to maintaining the Clerk's Office and overseeing Utility Billing City of Apalachicola Public Works Department Report January 2025 The public works department, services all city vehicles and replaces all the tires on city vehicles, services all the mowers and weed eaters, cuts all city parks, cut all city properties, empty all garbage canso down town and city parks, clean city right of ways, cut city right of ways, and patch holes on city roads as needed. Completed 4 work orders. Serviced one city vehicle. collected trash from downtown and public parks. cut our routine main roads parks and cemeteries. Loaded and hauled several loads of yard debris. Removed debris from several locations in city. Removed several dead palm trees. Changed tires on 2 zero turn mowers. Replaced brakes on cityvehicle(s). Cleaned and removed debris from storm drain on Market St. and Ave.L L. Replaced round about sign on Ave D at old library. CutTrees, removed debris/trash from (Magnolia & Snow Hill Cemetery) Repaired potholes on Peachtree rd. Repaired potholes Downtown Cleaned all Storm drains throughout city Replaced 4 broken 2x10's, Riverfront dock Placed and Removed 6 concrete barriers from Downtown (Oyster Festival) Removed/Hauled several loads of trash & debris from (Magnolia Cemetery) Replaced hand rails and duckwork at (Raney House) Replaced all A/C filters in City Building's Watered Palm Tree's on Hwy 98 COMPLETED BY:G Greg Harris CITY OF APALACHICOLA CODE ENFORCEMENT 192 Coach Wagoner Blvd' * Apalachicola, Florida 32320 *8 850-653-8222 CODE ENFORCEMENT OFFICE January 2025 4(City)Tree! Permits 3Treel Permits 91 Shortterm Rentals at 56 difterentlocations Daily Phone Inquiries & Emails Answered Dailyinspections Code Violation Issues: Short-term Rentals (2) - residential (ongoing) Nuisance (Trash, waste, burning, etc.) 1inj progress Encroachment issues (1) on-going Multiple complaints and questions about various code enforcement 2024 29c4l5 APALACHICOLA Dec VOLUNTEER FIRE/RESCUE Bi-Monthly Report 1. Accidents 2. Lift Assist EMS 3. Bi-Monthly Meetings 4. Brush Fires 5. House Fires 6. Fund Raisers 7. Gas Leaks 8. Life Flights 9. Search/Rescue 10. Training 11. Transformer Fires 12. Vessels 2E a a 7 15H Aesponcles Cc/ls 26 Firefighter. Attendance 1. George Watkins 2. Fonda Davis 3. Ginger Creamer 4. Albert Floyd 5. Rhett Butler 6. Markceeamer 7. Palmer Philyaw 8. Mike-reegop 9. Troy Segree 10. Rick Hernandez Additional Notes: 11. -Hoklenotey 12. Avery 13. Bruce Hoffman 14. AshleyFeat Colin 15. Anthony Croom 16. Michael-Paytor. Any 17. BroBk-Newel 18. Shannon Segree 19. Adam Joseph 20. Craig Gibson 4 3 a a3 Recorded by: Date: APALACHICOLA 0024 2b calls VOLUNTEER Nay FIRE/RESCUE Bi-Monthly Report 1. Accidents 2. Lift Assist EMS 3. Bi-Monthly Meetings 4. Brush Fires 5. House Fires 6. Fund Raisers 7. GasI Leaks 8. Lifel Flights 9. Search/Rescue 10. Training 11. Transformer Fires 12. Vessels I !st Responclu cc/ls 30 Firefighter Attendance 1. George Watkins 2. Fonda Davis 3. Ginger Creamer 4. Albert Floyd 5. Rhett Butler 6. nigimer 7. Palmer Philyaw 8. Mike Vroegop 9. Troy Segree 10. Rick Hernandez Additional Notes: 5 4 23 5 a 1 11. Holderroley, 12. Auery Scd 13. Bruce Hoffman 14. Ashleyfuat Colin 15. Anthony Croom 16. Michegllaytor Amy 17. Braeke-hlenvell Ricky 18. Shannon Segree 19. Adam Joseph 20. Craig Gibson 8 3 3 2 7 Recorded by: Date: Apalachicola Margaret Key Public Library Turns the Page on January 2025 Library hours are 10am to 6pm Monday - Friday, and Sundays from 12pm to 4pm. We are YOUR City of Apalachicola Library. Come sign up for your FREE Apalachicola Our Friends of the Library group' is the Patrons of the Apalachicola Library Society (PALS). They are a 501c3 nonprofit and membership forms to join are in the library. Follow us on Facebook or Instagram PAaachcospupclbrany for the latest! December 2025 Statistics: 2,350 patrons visited our library!!! (Even with multiple snow days and two holidays!) 25 new accounts opened! - 232 patrons used our computers - 538 books/movles/tems circulated 314 items donated to the library $745.45 collected as library revenue - 82 hours donated by our wonderful volunteers - 41,844 people reached on social Happy New Year from the library! Wel had over 30,000 visitors in 2024 and are sure 2025 will continue to have something for everyone. For the next few months, we are a staff of 1% employees, please be patient with us. Our beloved Library Director, Lucy Carter, is on medical leave. We are sending our love and best wishes for her complete recovery. Itr may be cold outside, but it's warm inside with something for all. A: STEAM event organized by PALS volunteer Rich Lenhart, made for an exciting afternoon, with kids creating and racing sail and propeller cars after school on the library grounds. So many participated! PALS also hosted an exciting talk about Coastal Birds & Birding in the Eastern Panhandle with Shorebird Program Manager, Colette Lauzau. The library enjoyed another fly-fishing round table this month, tying flies with PALS member, Shan Raetzloff. Thanks to a donation made by Porch Fest Apalach, PALS presented at twice rescheduled, standing room only (sorry for those that had to be turned away) musical event with local favorites, Clayton & the Preacher. A delightful evening was had by all. The library is grateful for our wonderful volunteers. Remember, this is YOUR library. We also welcome out of town visitors! We invite you to come in, grab a calendar, a free cupo of coffee or tea, at few books, and enjoy fellowship with other library visitors. Your City of Apalachicola Library helps with reading, writing, and learning, and offers a suite of prinlcopy/scanfaxland notary services. We loan FREE books, movies, puzzles, board games, and items from our Library of Things, and offer FREE audio books, e-books, and digital magazines through the Libby app. We also have al Book sale space on-site with FREE magazines. All donations go to our Friends of the Library group, PALS. We also offer Yoga weekly (in a by-donation class) on Mondays @ 6:15pm, Bring Me A Book Forgotten Coast hosts 'Books for Babies' weekly on Tuesday mornings @ 10:30am, and Mahjong meets on Wednesday and Fridays mornings @ 10. Our once-a-month Book Club meets each 3rd Wednesday @ 6pm; and Homework Help (FREE tutoring!) is by appointment. Call: 850-653-8436 or email: apalachicolalibrary@gmal.com library card. Any library offering is FREE to the public. media We THANK YOU for your patronage! Let us know how we can serve you! Welcome February! Lucy Carter, Library Director Isel Sanchez-Whiteley & Barbara 'Nissie' McNair, Library Assistants 5555 9888855 o 5 00 8 6 00 8 d0 00 00 00 8 s € & 0 & @ N 00 3 d8 s 00 2 E 08 si D& d0 S a 00 S