MEXICOBEACH CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 23, 2025 AT 6:00 P.M. PUBLIC WORKS BUILDING Mayor, Richard Wolff Councilman, Jerry Smith Councilman, Jason Adams Councilwoman, Linda Hamilton Councilman, Tim Linderman City Attorney, Tim Sloan City Administrator, Chris Truitt City Clerk, Tammy Brunson This meeting will be live streamed on the City of Mexico Beach Government Facebook page. If you have any questions or comments on the agenda, please email them up to 2 hours prior to the meeting at ciy@mexicoheahlgoy I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. ROLL CALL V. CONSENT AGENDA 1. Minutes - March 24, 2025 City Council Special Meeting 2. Minutes - March 25, 2025 City Council Regular Meeting 3. Minutes - April 3, 2025 City Council Special Meeting VI. REGULAR AGENDA 1. Ordinance 852 Beach Vending (First Reading) - Chris Truitt AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 114 OF THE CODE (CODIFYNG ORDINANCE NO. 688 AND 740); UPDATING DEFINITIONS, PROHIBITING CERTAIN ACTIVITES IN ORDER TO PROTECT THE CITY'S BEACHES, IDENTIFYING PERMITTED ACTIVITIES, AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. a. Motion to Read Ordinance 852 (By Title Only) b. Open Public Discussion C. Close Public Discussion d. Discussion 2. Ordinance 853 = Impact Fee Change Schedule (First Reading) - Chris Truitt AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA, AMENDING SECTION 151.025 OF THE CODE (CODIFYING ORDINANCE NO. 483) RELATING TO IMPACT FEES PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE a. Motion to Read Ordinance 853 (By Title Only) b. Open Public Discussion C. Close Public Discussion d. Discussion 3. Resolution 25-02 - Naming of the Mexico Beach Pier - Chris Truitt A RESOLUTION OF THE CITY OF MEXICO BEACH, FLORIDA, NAMING THE CITY'S PIER AND PROVIDING FOR AN EFFECTIVE DATE, a. Motion to Read Resolution 25-02 (By Title Only) b. Open Public Discussion C. Close Public Discussion d. Discussion e. Motion to Approve/Deny Resolution 25-02 4. Lift Station Bypass Pumps Installation - Chris Truitt a. Open Public Discussion b. Close Public Discussion C. Discussion d. Motion to Approve or Deny 5. Cul-De-Sac on Canal Parkway - Chris Truitt a. Open Public Discussion b. Close Public Discussion C. Discussion d. Motion to Approve or Deny 6. JLAC30-Day Response Update Chris Truitt 7. Beach Restoration Project Update - Tim Linderman VII. CITIZEN COMMENTS 1. Speaker must come to the podium and state name and city of residence 2. Comments are limited to 3 minutes VIII. COUNCIL COMMENTS IX. MAYOR COMMENTS X. STAFF COMMENTS XI. ADJOURNMENT Posted on the city website on: 04/17/2025 Note: Copies of the Agenda items are posted on the City's Website mexicobeachfl.gov This meeting will be recorded on the website. *You are hereby notified that in accordance with Florida Statutes, you have a right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record of the proceedings is made which may need to include evidence and testimony upon which the appeal is based. Any person requiring a special accommodation: at this meeting because ofa disability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700 at least five calendar days prior to the meeting. If you are hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be reached at 800-955-8770 TDD. City of Mexico Beach Special Meeting Minutes MONDAY MARCH 24, 2025 - 10:30 AM The City of Mexico Beach City Council met in a regular meeting on Thursday March 13, 2025, at 4:00 pm at the Public Works Building in Mexico Beach. Mayor Wolff and thei following Councilmembers were present: Linda Hamilton, Jason Adams and Jerry Smith. Tim Linderman was absent. Also present was City Clerk, Tammy Brunson and City Attorney, Tim Sloan. I. Call to order: Mayor Wolff called the meeting to order at 10:30 am. II. Regular Agenda: Jason Adams motions to add an agenda item about Mr. Truitt's employment contract. Mayor Wolff and Tim Sloan discuss the timeliness of the investigation and the need for a vote on the motion. Jason Adams explains his attempt to add the agenda item and his belief that the discussion should have happened earlier. Tim Sloan suggests that the discussion might affect the investigation's outcome and the need to hire an outside firm. Jason Adams insists on discussing Mr. Truitt's employment contract before moving forward with the HR proposals. Mayor Wolff and Tim Sloan express concerns about the timing and preparation for such a discussion. Jason Adams reiterates his motion and the need for a full discussion, emphasizing the importance of addressing the employment contract immediately, Jerry Smith seconds. Motion passes with a 3 to 2 vote. No votes were Linda Hamilton and Mayor Wolff. Jason Adams raises concerns about the hiring process of the public works director, Mr. Steele. Tim Linderman defends Mr. Truitt's authority to hire and the timeline ofthe hiring process. Jason Adams and other members discuss the perception of nepotism and the speed of the hiring process. The conversation shifts to the budget implications and the financial impact of hiring Mr. Steele. Mayor Wolff and Tim Linderman discuss the financial implications and the decision- making process. Jason Adams expresses concerns about the judgment and communication issues related to the lodging arrangements. The conversation highlights the need for clear policies and proper communication within the city administration. Jason Adams discusses Mr. Steele's contact with FDLE about reinstating the police department. Mayor Wolff and Tim Linderman express doubts about the accuracy of the information and the need for further investigation. The conversation touches on the potential miscommunication and the impact on the city's reputation. Jason Adams emphasizes the importance of addressing-these issues to maintain trust and integrity within the city administration. The council discusses the options oft terminating Mr. Truitt's contract, implementing a probationary period, or continuing with the investigation. Tim Linderman suggests giving Mr. Truitt a chance to correct his mistakes and improve his approach. Jason Adams expresses his concerns about the trust issues and the need for a thorough investigation. Jason Adams motioned, and Jerry Smith Seconded to terminate Mr. Truitt's contract. Motion failed with a 21 to 3 vote. No votes were Mayor Wolff, Linda Hamilton and Tim Linderman. The council resumes the discussion on the HR proposals and the need for an investigation. Tim Sloan advises against using the city attorney for the investigation to maintain objectivity. The council considers the pros and cons of different HR firms and their services. Tim Linderman recommends The Krizner Group as the preferred firm based on their experience and cost-effectiveness. The council agrees to move forward with the investigation and selects Krizner as the HR firm. The council members express their commitment to resolving the issues and improving the city administration. Tim Linderman discusses the cost of $300 per hour for HR interviews, estimating $5,800 for 10 interviews, excluding travel expenses. Tim Linderman recommends including a Climate Survey to assess coercion, racial bias, and other concerns among employees. City of Mexico Beach Special Meeting Minutes MONDAY MARCH 24, 2025 = 10:30 AM Tim Linderman believes there might be more issues beyond the two employees involved, suggesting a broader investigation. Mayor Wolff suggests estimating a higher budget, considering the cost of interviews and reports, and mentions the experience of HR companies like MGT and Krizner. Mayor Wolff explains the evaluation process, considering factors like local presence, on-site capabilities, and expertise in HR. Mayor Wolff favors MGT due to their experience, pricing, and willingness to conduct on-site interviews. Linda Hamilton inquiries about the selection of the 10 individuals for the interviews. Mayor Wolff clarifies that the council did not choose the individuals; the number was determined by Tammy and himself. Jason Adams emphasizes the need for a flat fee cost and the importance of addressing current complaints. Jason Adams suggests making a vote on hiring someone now or waiting for a meeting to decide on funding. Mayor Wolff and Tim Linderman discuss the need for additional funding to cover travel and other expenses. Jerry Smith compares the costs of different HR companies, noting that the Pittman Group is the cheapest. Mayor Wolff clarifies that the investigation is for an HR complaint, not a legal issue. Tim Sloan offers his services as a lawyer if needed. Jason Adams highlights the need for a cushion for mileage, meals, and lodging. Mayor Wolff suggests starting with a budget of $15,000 and adjusting as needed. Tim Linderman proposes authorizing up to $20,000 to avoid special meetings. Jason Adams and other speakers agree on the need for a detailed employee survey and its cost. Mayor Wolff suggests having a conversation with the selected HR group for more information. Tim Linderman motions, and Linda Hamilton seconds to contract with The Krizner Group for the HR evaluation, authorizing up to $20,000. Motion passes unanimously. Jason Adams verifies the number of complaints and their nature. Mayor Wolff explains the process of handling complaints, noting that some are related to the city administrator. Tim Sloan mentions the potential for investigating additional complaints. The meeting concludes with a plan to proceed with the investigation and address the concerns raised during the discussion. III. Adjournment: Jason Adams motioned to adjourn the meeting at 12:19 pm. By: Attest: Mayor Richard Wolff City Clerk, Tammy Brunson City of Mexico Beach Meeting Minutes TUESDAY MARCH 25, 2025 - 6:00 PM The City of Mexico Beach City Council met in a regular meeting on Tuesday March 25, 2025, at 6:00 pm at the Public Works Building in Mexico Beach. Mayor Wolff and the following Councilmembers were present: Linda Hamilton, Jerry Smith, Jason Adams and Tim Linderman. Also present were City Administrator, Chris Truitt, City Clerk, Tammy Brunson and City Attorney Tim Sloan. I. Call to order: Mayor Wolff called the meeting to order at 6:00 pm. II. Consent Agenda: Minutes for the following council meetings were approved unanimously. January 28, 2025, Regular council meeting. February 11, 2025, Regular council meeting. March 13, 2025, Special council meeting. III. Regular Agenda: 1. Amphitheater at Parker Park bid and task order was brought to the table. Elizabeth Moore with Anchor CEI discusses the amphitheater bid at Parker Park, mentioning one bid from BGN Contractors for $209,518 with a 240-day project completion timeline. Open public comment at 6:04 pm. No public comments were made. Closed public comment at 6:04 pm. Chris Truitt explains the funding options, including using Parks and Rec fees or the half-cent sales tax for the 15th Street Bridge. Tim Linderman and Chris Truitt discuss the impact fees and their usage, with Tim mentioning a provision that impact fees must be used within a certain number of years. Mrs. Hamilton motioned, and Mr. Smith seconded to accept the bid from BGN Contractors for $209,518.00 for construction of the Parker Park Amphitheater using budgeted funds. Motion passed unanimously. 2. Recycling service and franchise agreement was brought to the table. Chris Truitt introduces Richard Bracken from Florida 27 Recycle, who presents their recycling services and franchise agreement. Richard Bracken details their services, including weekly pickup, materials collected, and their current cross-contamination rate of 1.2%. Open public comment at 6:24 pm. Carol Bonanno asked about pricing and the effect on the Sanitation Department. Steve Cox opposes the franchise agreement, suggesting the city could handle recycling internally and questioning the need for additional fees. Closed public comment at 6:34 pm. Mayor Wolff and other council members discuss the franchise agreement, including the truck age requirement, community service hours, and insurance Mr. Adams motioned, and Mrs. Hamilton seconded to table the agreement to allow more time for review and discussion. Motion passed unanimously. 3. BCSD Deputy contract amendment was brought to the table. Chris Truitt presents the updated abstract for the governing contract amendment, including the addition of a new deputy. Open public comment at 6:37 pm. No public comments were made. Closed public comment at 6:37 pm. The council discusses the amendment and expresses concerns about the sheriff's right to call back the deputy. Mr. Smith motioned, and Mrs. Hamilton seconded to approve the deputy contract amendment with BCSD. Motion passed unanimously. City of Mexico Beach Meeting Minutes TUESDAY MARCH 25, 2025 - 6:00 PM IV. Regular Agenda Continued: 4. Ordinance 851 Beach and Dune Protection (second reading) was brought to the table. Chris Truitt presents the second reading of Ordinance 851, which amends the beach and dune protection zone. Mr. Adams motioned, and Mrs. Hamilton seconded to read Ordinance 851 with amendments, by title only. Motion passed unanimously. Open public comment at 6:44 pm. Steve Cox asked about the fines. Closed public comment at 6:44 pm. Mr. Adams motioned, and Mr. Linderman seconded to approve Ordinance 851 with amendments. Motion passed unanimously. 5. FROC Personnel Policy amendments were brought to the table. Chris Truitt presents two policy and procedure amendments: backfill employee policy and duplication of benefits policy. The council discusses the backfill employee policy, agreeing that employees should be paid their normal hourly rate when temporarily replacing others. The council also discusses the duplication of benefits policy, ensuring that funds are not used for the same project from multiple sources. Open public comment at 6:49 pm. No public comments were made. Closed public comment at 6:49 pm. Mr. Linderman motioned, and Mrs. Hamilton seconded to approve the backfill employee policy. Motion passed unanimously. Mr. Linderman motioned, and Mrs. Hamilton seconded to approve the duplication of benefits policy. Motion passes unanimously. V. Citizen Comments: Diane Kenny read a letter from Mitch Coleman. She then talked about the post on Linkin and that derogatory comments are not good for employee morale. VI. Council Comments: Tim Linderman provides updates on the EV charging stations at the CDC, the ADA walkover engineering, and the 15th Street Bridge. Jason Adams clarifies his comments about the Sheriff's Department, emphasizing the need for proper handling of employee issues. The council discusses the HR concerns, with Tim Linderman suggesting a probationary period and restrictions on hiring authority. Mayor Wolff proposes a special meeting to discuss the HR concerns and the City Administrator's performance, with a tentative date set for April 3rd. VII. Mayors Comments: Mayor Wolff mentions that the bid included everything from start to finish, with three companies bidding. Tim Linderman states that $350,000 was requested in the appropriations for this project. Chris Truitt explains that they are still exploring options to reduce costs and will present recommendations soon. Mayor Wolff suggests going with aluminum for the bridge to save on maintenance costs and mentions a $30,000 savings by using trex decking instead of concrete. Elizabeth Moore with Anchor, CEI suggests re-bidding the project to explore more options, but Mayor Wolff points out the potential 25-30% tariff on steel. Tim Linderman and Jason Adams discuss the urgency of moving forward due to rising costs and the potential impact of tariffs. Tim Linderman highlights the complexity of sidewalk issues and gas lines, adding to the project's cost. Mayor Wolff proposes a special meeting to discuss the 15th Street Bridge and other related projects. Tim Linderman emphasizes the need to prioritize certain projects to ensure they are handled promptly. Mayor Wolff agrees to add the 15th Street Bridge to the agenda for the special meeting on April 3rd. City of Mexico Beach Meeting Minutes TUESDAY MARCH 25, 2025 = 6:00 PM VIII. Staff Comments: Tommy Davis, Public Works Director announced he has 3 days left before his retirement and thanked his employees and citizens for his time in Mexico Beach. City Administrator - Chris Truitt read a statement addressing the challenges faced in hiring a replacement for Tommy, emphasizing the need for a candidate with the right skills and experience. Truitt explains that none of the applicants had all the required skills, leading to the decision to hire an experienced individual from outside the city. Truitt acknowledges the mistakes made in the hiring process and offers apologies for any misunderstandings. Truitt expresses commitment to learning from the experience and improving the hiring process in the future. He reiterates his dedication to the city and his commitment to addressing challenges and learning from mistakes. City Attorney = Mr. Sloan had no additional comments. IX. Adjournment: Mr. Linderman and Mr. Adams motioned to adjourn the meeting at 7:43 pm. By: Attest: Mayor, Richard Wolff City Clerk, Tammy Brunson City of Mexico Beach Special Meeting Minutes THURSDAY APRIL 3, 2025 - 10:00 AM The City of Mexico Beach City Council met in a regular meeting on Thursday April 3, 2025, at 4:00 pm at the Public Works Building in Mexico Beach. Mayor Wolff and the following Councilmembers were present: Linda Hamilton, Jason Adams and Jerry Smith. Tim Linderman was absent. Also present was City Clerk, Tammy Brunson and City Attorney, Tim Sloan. I. Call to order: Mayor Wolff called the meeting to order at 10:00 am. II. Regular Agenda: 1. 15th Street Bridge bid was brought to the table. Elizabeth Moore with Anchor CEI discussed the 15th Street Bridge bids, which came in at $563,000. Suggestions for cost savings include using aluminum instead of steel and composite decking instead of concrete. She notes that changing to aluminum may require minor redesign due to load changes. She explains the bid package includes a tax savings agreement, which could save an additional $10,000. Open public comment 10:03 am. No public comment was made. Closed public comment 10:03 am. Mayor Wolff clarifies the tax savings agreement applies to the bridge's manufacturing location. Discussion on the commencement and completion project dates, originally signed in September 2023 with an extension to October 2024. Elizabeth confirms the extension to June 2025 and mentions the need to confirm this with DOT. Mayor Wolff emphasizes the importance of approving the project quickly to avoid delays. Discussion on whether to keep certain items like concrete sidewalks and detectable warnings in the contract. Elizabeth suggests reducing some signage but keeping others for better traffic management. Jason Adams and Mayor Wolff discuss the potential impact of changing materials on warranties and construction. Linda Hamilton emphasizes the urgency of completing the bridge due to increased pedestrian traffic during Spring Break. Elizabeth warns about potential tariff impacts if the project is delayed. Mr. Linderman motioned, and Mrs. Hamilton seconded to accept HG Harder's bid for $536,068.00 with material change to an aluminum bridge and composite decking contingent on approval of a time extension for the completion date from FDOT. Motion passed unanimously. 2. City Administrator performance is brought to the table. Tim Sloan started by reminding everyone of where we stand today. The human resources investigator has asked for additional interviews with staff. He and the investigator cautioned council about acting about the ongoing Human Resources investigation until it is complete. Linda Hamilton questioned who was being interviewed and why more African American were not being interviewed. Tammy Brunson stated only employees named in the complaint were interviewed. The HR Investigator selected the additional employees to talk to from the outcome of the original interviews. Linda stated she wanted to talk to the investigator when he was here. Mayor Wolff asked how do we move forward. He suggests a three-month probationary period for Chris Truitt, the City Administrator. Proposed restrictions include a three-month hiring and firing restriction and frequent check-in meetings. Tim Sloan again cautioned council about talking about the ongoing Human Resources investigation. Discussion on the need for clearer policies and ordinances regarding hiring and firing authorities. Consensus is to move forward with the probationary period outline Mayor Wolff presented. Open public comment 10:51 am. Gary Woodham said see a lot of procrastination. This city has lost or is in the process of losing six good employees, three of which have filed lawsuit against this gentleman. And I just don't know why y'all procrastinate and don't take the proper action that I think needs to be done. City of Mexico Beach Special Meeting Minutes THURSDAY APRIL 3, 2025 - 10:00 AM II. Regular Agenda Continued: Carol Bonanno thinks everything that has gone on to bring us to this point. Mr. Truitt has shown complete disrespect for the council and everybody on it. And there's a lot of us in this town who would be real happy if he was waving goodbye to us through his rear-view mirror. Shelby Bush stated she has been here since 2003, and we've had city administrators that were questionable. Three years ago, it was going on. So, I don't know what we need to do, but do believe we need to show a little bit of kindness. Sanitation workers driving the trucks around here, to me, those are your best employees in this entire town. I would dare anybody in here to say that any of those sanitation workers don't work hard and do their job. If you want to look at workers, go around and look at the ones sitting in their trucks, not doing their job, sitting on their phones, and look other places. Give this man a chance, because we sure gave somebody else a second chance that didn't work out. Everybody has an opinion, but if you want to do the right thing, start looking at your sanitation workers and start acting like them. Closed public comment 10:56 am. III. Adjournment: Mrs. Hamilton motioned to adjourn the meeting at 10:56 am. By: Attest: Mayor Richard Wolff City Clerk, Tammy Brunson MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM# # Meeting Date: 4-23-25 Department: Admin Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENTERINPORMATON CONTACT: Chris Truitt ITEM TO BECONSIDERED Subject: Beach Vending Ordinance Attachment(s): Abstract Memo 2-11-25 Beach Vending Ordinance Brief Summary: This is at follow-up to the 2-11-25 agenda item. An ordinance has been created based on the feedback and discussion at the 2-11-25 meeting. Action Requested: Approve, deny, or request changes. ISSUE OVERVIEW Background Information & Issue Summary: Beach vending is currently not allowed based on the nonexistence of an approved location from which to vend. The Council seemed to decide to allow on-beach vending at three locations; Driftwood, El Governor/Annex, and Toucans. The Council also seemed to decide that vendors offering on-beach vending at set locations could operate a motorized vehicle within the area and/or to the nearest beach access point on Highway 98, but nowhere else on the beach. This ordinance captures those items. One additional item that must be considered is mobile on-beach vending such as ice cream or beverage vendors with a non-motorized cart moving up and down the beach. In addition, the temporary permit for beach delivery vendors should be extended through 5-31-25; it currently expires 4-30-25. Admin can create a temporary permit for on-beach vending valid through 5-31-25. Financial Impacts: None Staff ecommendatonsCommens Staff recommends approving the ordinance. ORDINANCE NO. 852 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 114 OF THE CODE (CODIFYNG ORDINANCE NO. 688 AND 740); UPDATING DEFINITIONS, PROHIBITING CERTAIN ACTIVITES IN ORDER TO PROTECT THE CITY'S BEACHES, IDENTIFYING PERMITTED ACTIVITIES, AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 114.01 of the City's Code of Ordinances is hereby amended as follows: S 114.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BEACH. That area of unconsolidated material that extends landward from the mean low-water line of the Gulf of Mexico, to the frontal dune, or where there is no frontal dune, to the line of permanent vegetation or construction, whichever is more seaward. BEACH VENDING PERMIT. An annual permit granted pursuant to this chapter to allow business activities that are otherwise prohibited under S 114.02. Beach vending permits are broken down into classes with Class I for businesses actually operating from the beach itself and Class II for businesses that operate from a location other than the beach but which simply deliver items to and remove items from the beach such as chairs and umbellas. Section 2. Section 114.03 of the City's Code of Ordinances is hereby amended as follows: S 114.03 BEACH VENDING PERMIT APPROVAL PROCESS. (A) Applications for a beach vending permit (whether Class - - or Class II) must be made in writing to the City Administrator and provide all information needed to determine if all requirements of this chapter are met. (1) Applicants are required to use the city application form, but may include additional information. 1 (2) Applications may include a request to operate one or more ATVS on the beach in the area covered by the permit in the case of a Class I permit or within a ten (10) foot wide strip from the approved beach access direct to the area in which the products are being delivered in the case of a Class II permit, but only if vehicular access to the beach exists within 100 feet from the permitted area. Such requests may be approved as part of the beach vending permit if they are otherwise consistent with the city's ordinances governing driving on the beach. (B) Beach vending permits expire at the end of the calendar year in which they are granted, and only apply to the location and activities specified in the application. (C) Additional locations require new applications for additional beach vending permits. (1) A $50 application fee is required for each beach vending permit. (2) More than one beach vending permit may apply to a single location if the all owners of the qualifying upland parcel provide written consent. (D) The city may suspend or revoke a beach vending permit due to violations of the beach vending permit or applicable laws, including city ordinances. (E) Decisions regarding applications are made by the City Administrator or his or her designee. (F) An applicant may appeal any denial to the City Council, which may approve the application upon determining that it meets the requirements of this chapter. Section 3. Section 114.04 of the City's Code of Ordinances is hereby amended as follows: 5 114.04 VEHICLES ON THE BEACH. (A) The only types of vehicles allowed on the beach pursuant to a beach vending permit are ATVs, which are defined by F.S. S 317.003 as, "any motorized off-highway or all-terrain vehicle 50i inches or less in width, having a dry weight of 1,200 pounds or less, designed to travel on three or more nonhighway tires, and manufactured for recreational use by one or more persons." (B) ATVS must be operated consistent with Florida law. (C) ATVS may only be operated within the permitted area and directly to and from the beach access approved in the permit holder's application; however, such ATV operations shall be restricted in numbers of times for beach access and times of the day for access as set forth in the beach vending permit. Class II beach vending permit holders shall not operate an ATV on the beach from 7:00 a.m. to 5:00 p.m. (Central time). 2 (D) Any violation of Florida law related to the use of an ATVI in conjunction with activities under the beach vending permit, or any violation of the requirements of this section, shall be grounds for revoking a beach vending permit. Section 4. Section 114.05 of the City's Code of Ordinances is hereby amended as follows: S 114.05 PERMISSIBLE LOCATIONS. (A) Beach vending permits may only be granted for beach locations that are part of or immediately behind (e.g., not across the street from) a parcel of property that meets all of the following conditions: (1) The parcel is zoned General Commercial or Tourist Commercial; (2) The parcelis e-ousoadfa-ee-mwNsmeNwe,erharNwrumNr operates-VaHdy-under-Hy-and-State-aw#sueh-use-diseentinues-fer-mere-than-seven consecutive-days-suorgolneowLOHbusRes-eFseasensi-deswel-the-the-beach-vending permitsautomaticalyswspendedamdwigobacHmeeefewhenthehote/-motel-restaurant, taverAeFBaFreepensOrcentnveUSemE-ermePeratiensbeach owned or controlled by the city immediately adjacent to one of the following commercial locations that have been traditionally bases used for beach vending and are designated as qualifying upland parcels: 719 US-98 (the location of Toucans); 1605 US-98 (the location of the El Governor Annex); 1701 US-98 (the location of the El Govenor Motel); and 2105 US-98 (the location ofthe Driftwood Inn) and not on any other beach owned or controlled by the city for the public. Only one Class I beach vending permit shall be issued for each qualifying upland parcel. (3) The location is not on beach deeded to neeiyoranothergovernmental entity or a public agency. (B) The goods permitted by this chapter to be placed upon the beach for rental or sale shall be displayed, or stored or placed SO as to avoid being an obstacle to emergency and other permitted vehicles. Section 5. Section 114.06 of the City's Code of Ordinances is hereby amended as follows: 5 114.06 PERMISSIBLE OPERATORS. The following parties may be granted a beach vending permit or conduct activities pursuant to a beach vending permit: (A) The owner of the qualifying upland parcel; 3 (B) The lessee eperatorof the-otel,motel,restawrantytaveFA,0FbaFeecated-onthe qualifying upland parcel; (C) A third party who has written permission from either of the two above parties to conduct business on the beach that is on or behind the qualifying parcel. Section 6. Section 114.07 of the City's Code of Ordinances is hereby amended as follows: 5 114.07 PERMISSIBLE ACTIVITIES. (A) The holder of a beach vending permit may solicit, sell, or rent the following goods or services at the location covered by a beach vending permit: (1) Umbrellas; (2) Hobie Cats, Sunfish, Prindles and similar sailboats; (3) Jet skis and other motor-driven floating devices; (4) Cabanas; (5) Aqua cycles (same as water cycles); (6) Floats and surfboards; (7) Chairs; (8) Parasail rides, kite rides, and watersled rides; (9) Sailboards (but not kite boards); (10) Kayaks, canoes and similar hand-paddled boats; (11) Beach photography, including photographs subsequently purchased and delivered off the beach. (B) The purpose of allowing these activities pursuant to a beach vending permit is to reasonably permit the solicitation and immediate sale or rental of certain goods and services that serve a public need to certain commercially oriented locations ofthe beach, and that are not themselves a nuisance or detriment, without unreasonably interfering with the flow, recreation, enjoyment and privacy of persons otherwise upon the beach. (C) Wooden lounger-style chairs are prohibited on the beach, except that a single row of wooden lounger chairs may be placed in each licensed area equidistant from the mean high water 4 line and the seawall or the toe of the sand dune, or, if neither exists, then the paved surface adjoining the beach. The location of the row of chairs may be adjusted, if approved in writing in advance by the City Administrator. (D) No more than twenty-five (25) sets of chairs (50 chairs total) may be set up in the single line by any Class I beach vending permit holder. Class II beach vending permit holders shall not deliver more than five (5) sets of chairs (10 chairs total) to any location to be placed in a single line. Section 7. Section 114.08 of the City's Code of Ordinances is hereby amended as follows: S 114.08 INSURANCE AND INSPECTION REQUIREMENTS. (A) All holders of beach vending permits must maintain general commercial liability insurance, naming the City of Mexico Beach as an additional insured, in the minimum amount of $12500,000 per occurrence and $3500,000 in the aggregate. (B) Each motor-driven floating device and each combination tow boat and parasail, kite, watersled ride, and each shuttle craft, hydro-flyer and its shuttle craft of the like pulled by a tow boat, rented, leased or hired within the city shall be insured against bodily injury and property damage in an amount not less than $1,00250,000 per occurrence with $13,000,000 aggregate, or such insurance as is required by the State of Florida, whichever provides the greater limits and protection of the public. In addition, each holder of a beach vending permit shall have all watercraft and parasails inspected by an appropriate inspector as determined by the city at the vendor's expense at least once per calendar year and copies of all such inspections shall be provided to the City Administrator. Any watercraft or parasails that do not pass inspection shall not be used by the beach vendor until such time as the watercraft has passed its inspection. (C) Additionally, ift the beach vending permit provides for the public to rent, ride, or participate in any of the foregoing activities, the general commercial liability insurance requirement is increased to $1,00250,000 per occurrence and $13,000,000 in the aggregate, or such insurance as is required by the State of Florida, whichever provides the greater limits and protection of the public. (D) The city shall not issue a beach vending permit until the applicant has provided certificates ofi insurance to the city, showing compliance with these requirements and naming the city as an additional insured. (E) In the event that any required insurance is canceled, the beach vending permit shall automatically be suspended. 5 Section 8. Section 114.09 of the City's Code of Ordinances is hereby amended as follows: S 114.09 LIMITED EXEMPTION FROM "LEAVE NO TRACE" REQUIREMENT. (A) Booths and storage boxes used by a holder of a beach vending permit to conduct business or store items are exempt from the city's "Leave No Trace" requirement, if they are located immediately next to a seawall or the toe of the sand dune or, if neither exists, then immediately next to a paved surface adjoining the beach. (B) Weeden-loungers-maybe-eFtunattendedenthe-beachovernghEwithinthe-area-covered bythe-beach-vending-permitentonlyas-previdedby-5-114.07 (C) In addition, it is not a violation of the "Leave No Trace" ordinance for a holder of a Class I beach vending permit to leave other items and equipment unattended on the beach overnight within the area covered by the Class I beach vending permit if: (1) They are typical for the type of business activities approved under the beach vending permit; and (2) They are moved landward to the seawall or the toe of the sand dune and stored in an approved enclosure or, if neither exists, then immediately next to a paved surface adjoining the beach. (C) Class II beach vending permit holders shall not be allowed to leave or store any items on the beach from 7 p.m. to 6 a.m. (Central time). (D) The city may authorize special events to be conducted on the beach that may require items to be located on the beach from 7 p.m. to 6 a.m. (Central time). Section 9. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. If any penalty of this section is deemed inconsistent with any Florida Statute, the provisions of the Florida Statute shall prevail. 6 Section 10. Scrivener's Errors. The City Attorney may correct any scrivener's errors found in this Ordinance, without public hearing, by filing a corrected copy of the Ordinance with the Clerk. A scrivener's error may not include an amendment that changes the context or meaning of the Ordinance. Section 11. Ordinance to be Liberally Construed. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. Section 12. Codification. The provisions of this Ordinance shall become and be made part of the Code of the City. The sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention, and the word ordinance" may be changed to "section, "article," or other appropriate word. Section 13. Repeal of Conflicting Codes, Ordinances, and Resolutions. All codes, ordinances and resolutions or parts of codes, ordinances and resolutions or portions thereof of the City of Mexico Beach, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 14. Effective Date. This Ordinance shall take effect immediately upon its passage. 7 PASSED, APPROVED AND ADOPTED by the City Council of the City of Mexico Beach, Florida as of this day of 2025. CITY OF MEXICO BEACH, FLORIDA By: RICHARD WOLFF, Mayor ATTEST By: TAMMY BRUNSON, City Clerk *In this Ordinance, language added to an existing section is printed in underscored type, and language deleted is printed in PHENCK-EArewgN-type. 8 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the website of the City of Mexico Beach ("City") by the time notice of the proposed ordinance is published. Proposed ordinance title/reference: ORDINANCE NO. 852 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 114 OF THE CODE (CODIFYNG ORDINANCE NO. 688 AND 740); UPDATING DEFINITIONS, PROHIBITING CERTAIN ACTIVITES IN ORDER TO PROTECT THE CITY'S BEACHES, IDENTIFYING PERMITTED ACTIVITIES, AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. The proposed ordinance is required for compliance with Federal or State law or regulation; The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; The proposed ordinance relates to procurement, or The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. 1 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Ordinance No. 688 and 740 codified in Chapter 114 of the City's Code of Ordinances dealing with beach vending is being updated to delineate classes of permits. The Ordinance updates definitions, access to and vending operations and locations of vending in the City trying to preserve the peaceful tranquility of the City's beaches; thereby, satisfying a public purpose. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a). An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. There may be some direct and indirect compliance costs associated with Ordinance No. 852 for business involved in beach vending. A license fee for a beach vendor is reaffirmed in the Ordinance for which businesses in the City should be financially responsible. There may be indirect compliance costs in the manufacture and placement of signs. The City may incur increased, indeterminate regulatory and enforcement costs. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Ordinance No. 852 separates out beach vending into classes and prescribes a fee does not impose any new charge or fee on existing businesses in the City, but simply reaffirms the fee already in the Code. The City may incur increased, indeterminate costs associated with ensuring compliance. There are no new charges or fees that will be imposed on existing businesses by the proposed Ordinance to cover the City's costs of ensuring compliance. 4. Additional information the governing body deems useful (if any): The proposed Ordinance No. 852 is a generally applicable Ordinance that applies to all persons similarly situated (individuals as well as businesses) who might want to operate a beach vending ousiness in the City. The estimated number of businesses likely to be impacted by the Ordinance cannot be quantified at this time because the number of businesses likely to be impacted by Ordinance No. 852 will depend on how many businesses seek to obtain permits within the City. 2 MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # ar Meeting Date: 4-23-25 Department: Admin Public Hearing: Yes R No Consent Regular Closed Agenda Agenda Session Date of Public Hearing: PRESENERINPORMATON CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Impact Fees Attachment(s): Ordinance Changes Brief Summary: S 151.023(B) currently states that any impact fees not expended or encumbered by the city seven years after they were paid may be refunded. This is a self-imposed deadline and not required by state statute. The challenge is that many of the large projects for which fees such as this are intended require saving the fees across multiple fiscal years due to the high cost which can, in some cases, exceed $1mm. Action Requested: Approved the ordinance changes to remove the seven-year deadline. ISSUE OVERVIEW Background Information & Issue Summary: As we look at passing a new Capital Improvement Plan, several of the larger projects might fall into the categories for which impact fees may be used. The dollar amount of these projects can exceed $1mm, requiring the cost to be split across multiple fiscal years. Limiting ourselves to holding impact fees for only seven years will limit our ability to save for the larger projects. Removing that limitation will allow us to save for larger projects. Financial Impacts: Loss of impact fees paid, seven years after their payment if ordinance is not amended. Staff RecommendatonsCommens Approve the amendment. ORDINANCE NO. 853 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA, AMENDING SECTION 151.025 OF THE CODE (CODIFYING ORDINANCE NO. 483) RELATING TO IMPACT FEES PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 151.025 of the City's Code of Ordinances (codifying Ordinance No.483) is hereby amended as follows: $151.025 REFUND OF FEES PAID. A) Expired building permit. If a building permit expires or is canceled without construction commencing, then the fee payer shall be entitled to a refund, without interest, of the impact fee paid except that the city shall retain 5% of the fee to offset a portion of the costs of collection and refund. The fee payer shall submit an application for such a refund to the City Administrator or designee within 30 days of the expiration of the order or permit, or thereafter waives any right to a refund. (B) Funds-net expended. d-mt-ParT fundsnet expended or eneumbered- by the end ef the ealendar quarter immediately following-seven-years-from-the date of the munieipal impaet fees-were paid-shally vpe-epplistien-st he then eurrent landewnerr be returned te sueh landowner, without interestr provided-that- the-landewner submits an-applieation fer refune te the City Administrater et designated ithi days of the epiration-ef-the-seven-year period Section 2. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. If any 1 penalty of this section is deemed inconsistent with any Florida Statute, the provisions of the Florida Statute shall prevail. Section 3. Scrivener's Errors. The City Attorney may correct any scrivener's errors found in this Ordinance, without public hearing, by filing a corrected copy of the Ordinance with the Clerk. A scrivener's error may not include an amendment that changes the context or meaning of the Ordinance. Section 4. Ordinance to be Liberally Construed. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. Section 5. Codification. The provisions of this Ordinance shall become and be made part of the Code of the City. The sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention, and the word ordinance" may be changed to "section, 1 "article," or other appropriate word. Section 6. Repeal of Conflicting Codes, Ordinances, and Resolutions. All codes, ordinances and resolutions or parts of codes, ordinances and resolutions or portions thereof of the City of Mexico Beach, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage. 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Mexico Beach, Florida as of this 27th day of May, 2025. CITY OF MEXICO BEACH, FLORIDA By: RICHARD WOLFF, Mayor ATTEST By: TAMMY BRUNSON, City Clerk *In this Ordinance, language added to an existing section is printed in underscored type, and language deleted is printed in trvek-through-tyre. 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the website of the City of Mexico Beach ("City") by the time notice of the proposed ordinance is published. Proposed ordinance title/reference: ORDINANCE NO. 853 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA, AMENDING SECTION 151.025 OF THE CODE (CODIFYING ORDINANCE NO. 483) RELATING TO IMPACT FEES PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. The proposed ordinance is required for compliance with Federal or State law or regulation; The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; The proposed ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. 1 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Ordinance No. 483 codified in Section 151.025 of the City's Code of Ordinances dealing with impact fees is being updated to delete the refunding requirement for unspent impact fees. The Ordinance updates the handling of finances by the City, satisfying a public purpose. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a). An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. There may be some direct and indirect compliance costs associated with Ordinance No. 853. The City may incur increased, indeterminate regulatory and enforcement costs. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Ordinance No. 853 deletes the requirement that the City refund unspent impact fees after a period of time. This Ordinance does not impose any new charge or fee on existing businesses in the City. The City may incur increased, indeterminate costs associated with ensuring compliance. 4. Additional information the governing body deems useful (if any): The proposed Ordinance No. 853 is a generally applicable Ordinance that applies to all persons similarly situated (individuals as well as businesses) who might have paid impact fees to the City for development. The estimated number of businesses likely to be impacted by the Ordinance cannot be quantified at this time because the number of businesses likely to be impacted by Ordinance No. 853 will depend on how many businesses obtain development permits and pay impact fees to the City. 2 - MEXICOBEACH CITY OF MEXICO BEACH CITY COUNCIL For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # S Meeting Date: 04-23-2025 Department: Consent Regular Closed Public Hearing: Yes No Agenda Agenda Session Date of Public Hearing: PRESENTERINFORMATION CONTACT: Chris Truitt, City Administrator ITEM TO BE CONSIDERED Subject: Resolution 25-02 - Naming of the new Mexico Beach Pier Attachment(s): Resolution 25-02 Brief Summary: City Council voted 3-2 to name the new Mexico Beach Pier after former mayor, Al Cathey, at the 04/08/2025 Council Meeting Action Requested: For the City Council to adopt Resolution 25-02 to officially name the Mexico Beach Pier upon completion, the Al Cathey Municipal Pier ISSUE OVERVIEW Background Information & Issue Summary: Upon the completion of the new pier, as part of honoring the devoted service of Al Cathey, the Council voted 3-2 on 04/08/2025 at a regular City Council meeting, to name the new pier after the former mayor of the City of Mexico Beach Financial Impacts: None Staff ecommendatonsCommens Recommends approval to name the new pier, the Al Cathey Municipal Pier RESOLUTION 25-02 A RESOLUTION OF THE CITY OF MEXICO BEACH, FLORIDA, NAMING THE CITY'S PIER AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Hurricane Michael devastated the City of Mexico Beach, Florida ("City") on October 10, 2018; WHEREAS, Al Cathey was the Mayor of the City on October 10, 2018, and served as Mayor for a total of sixteen years, devoting countless hours in the service of the City and guiding the City during the restoration process after Hurricane Michael; WHEREAS, as a part of the devastation of Hurricane Michael, the City's pier was destroyed necessitating the permitting and construction of a new pier that is currently ongoing; and WHEREAS, upon the completion of the new pier, as a part of honoring the devoted service of Al Cathey, the City desires to name the pier the "Al Cathey Municipal Pier". BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA AS FOLLOWS: 1. The City hereby names the new pier to be constructed the "Al Cathey Municipal Pier". A plaque dedicating the pier and the naming thereof shall be affixed in a highly visible location on or adjacent to the pier once the pier is totally completed and available to use by the public. 2. This Resolution shall take effect immediately upon passage. DULY PASSED AND ADOPTED by the City Council of Mexico Beach, Florida as of this 23rd day of April, 2025. CITY OF MEXICO BEACH By: Richard Wolff, Mayor ATTEST: By: Tammy Brunson, City Clerk MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 4-23-25 Department: Admin Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENTERINFORMATON CONTACT: Chris Truitt ITEM TO BECONSIDERED Subject: Bypass Pumps Attachment(s): Three quotes for installation from Razorback, LLC (lone bidder) RFB Documents Brief Summary: We began a post-Michael project to purchase and install three lift station bypass pumps. Installed on platforms above the 500-year flood level, these permanently mounted pumps would be used in the event of the lift station pump failure at stations #9, #11, and #13. The pumps have already been purchased and may be reimbursed by FEMA. After several rounds of quotes, we've been unable to find an installer to install the three within the allocated dollars of the FEMA project. Should the Council decide to move forward, is to include the installation of one in the project and self- fund the installation of the other two. Action Requested: Determine whether to forfeit $250,000 in reimbursements for purchase of the pumps or allocate $328,000 for the installation of the pumps. ISSUE OVERVIEW Background Information & Issue Summary: Ap post-Michael recovery project included a FEMA grant for the purchase and installation of three bypass pumps; #9 (14th St.), #11 (Under the Palms), and #13 (Florida Ave.). The cost of the three pumps was approximately $250,000; they have already been purchased by Mexico Beach. That should be reimbursed by the project. The cost of installing #9, $203,000 has been submitted to FDEM to request a Budget Amendment to cover the costs of installation. These costs will be eligible for reimbursement if FDEM approves the Budget Amendment. The cost of installing #11, $184,000, and #9, $144,000 would not be reimbursed by the project. Our two options are to decline the installation project and not be reimbursed the $250,000 for the purchase of the lift stations, or spend $328,000 fori the installation of the two remaining lift stations. These funds could come out of prior year surplus, % cent tax, or sewer impact fees. Financial Impacts: $250,000 if project is cancelled, $328,000 if we move forward with the project. Staff FecommendtonsCommens Approve the $328,000 to install the pumps. a ASIEIR R - - à SISIS 8 1 - V AISIEIS ( 2 4 2 -588 3 3 - 0 a & I e % % 3 O NOUVT MISNI annd SSVGAET NOLVIS in TPRZI SSE A e A LE 6 @ 3 a 3 - : N IS. 103road TIAIDVA 19 Sa 0 49:01) 2zoZ 6 Kew & 9 0 A E 9 98 E 5: 05 - a A S & I - o 2 e a a 2 E s; B E à : 55 3 8 - 3 E a - I e 6 o 3 9 e - o 8 oP 04 E . - 9 8 a o de $ a 5 B. do o 2 E : d S 5 4 0 93 z A % & 2 8 :! 5 @ S 13 8 : 5 J 8 à N & E 3 2 a a a - 9 ioy 3: 3; 2 io - 9 o io o 7 3 a : io B S N P 3 8 8 à * e N 3 d a as D 3 e E E 9 - 2 6 a o oH oo W) E - xvw). . 9 W9 d - VaS AB 6# NOIIVIS 1nio OMGNDIS30 19g1OwOuonOO.a 1#301040E7 TIND NOLVIIVISNI dinds SSVdAB NOLVIS Iin 1BRZHIOSISID3F road TIAIDLA (S36 60:4 L9 FODzzoz' '6kew & 5 e 8 W S e SES - f & 0 2 < a 3 5 - / 3 & 5 3 E % He N 3 3 op 3; &4 S - - - 5 ps 2 5 59 822 5 - 25 B bg $ 33 3 M 9% U 8 9 9 65 3 84 - 89 * T 10 & 8e (NIW). 9E E xVw) 3 0 9 - - S W : 2s 0 AVAS AB L# NOIIVIS 1anzo OMG NOIS30 BRZHOSNOIDNOONA 1W3010-0C1 TIAID INOUVIWISNI dwnds SSVJABN NOLIVIS 1ani 198Z1109S103F08d7 TIAIDVA (s36 60:29012ZoZ '6Kew & 8 o I N a N E D N o W a - d8 5 5 - a - a N 6 e : o 3 I 2 81 3 o o 3 3 I : a a € - A e 6 47 E e sas > a 3 3 2 I N Py I B 8 NIW), 1 xwwo, * s 8 9 * - DE 5 : E 3 # AVES A8 # NOULVIS. 1aneo OMO'N NOIS30 IORZHOSNOLIONQO8d 183070 T0JGCTIAID NOUVIVISNI dNnds SSVdASN NOIIVIS IETISRZORSIDSTONAT TIAIOVA (s36 60:190D)2 2zoz 6kew 9 & a a I E 8 - 5 E : I 3 8 U - - - 5 a V * - a 9 AVIS: AB STI30v0 OMGNDIS30 RRZHOSNOLDNON6 18301040C71 TIAID INOUVITWISNI dwnds SSVdAEN NOIIVIS IETIRRZLOSSIDATONaT IAIDVA (s36 60:1901)2 2zoz '6kew % 6 - V a - AVIS: FAB STI3GS so OMG/NOIS30 IPRZIIOSNOLIONOO8d 18301040E7 TIAID INOIVTIVISNI dwnds SSVdABN NOLVIS 1n7 IPRZHOSID3rO86 TIAIDIA 4s36 604 4901) 2z0z '6Kew 8 a e : n - à 8 E S a - a 3 a a - e a - 8 NOISIASM 5 N 22 - NEnE - AVAS: FAB IONS 90 OMG'NOIS30 19920SNOLONONA 183010-0C1 TIAID NOIVIVISNI dwnd SSVdABN NOUVIS In 19RZ1I0SID3FO8d7 TAIDHA (s36 60:1S:01)2zoz '6kew 2 E a a a : E e 5 0 a 3 1 MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # r Meeting Date: 4-23-25 Department: Admin Public Hearing: Yes X No Consent Regular Closed Agenda Agenda Session Date of Public Hearing: RESENERINPORMATON CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: Cul-De-Sac on Canal Attachment(s): None Brief Summary: Late last year, a temporary cul-de-sac was created at the end of Canal. The idea behind it was to provide easier ingress and egress for vehicles to drop off at the end of Canal and then park in the new St. Joe lot. The Administrator has received four comments on it, two for, and two against. Action Requested: Determine whether to keep (and improve) cul-de-sac or return the area to parking only. ISSUE OVERVIEW Background Information & Issue Summary: The end of Canal is hazardous for people and vehicles without any way to turn around. In the event all parking spots are taken, vehicles must back up Canal to a point where they can turn around. The cul-de-sac provides a way for vehicles to easily turn around. A handicap parking space has been added to replace the space lost with the cul-de-sac. If the Council wishes to keep the cul-de-sac, the Administrator will work with the St. Joe Company to see if we could get additional space to create a properly sized circle at the end of canal. Public Works is in the process of getting a universal blue parking sign to erect at the St. Joe parking lot; the current sign isn't necessarily clear that the space is available for all public parking. Financial Impacts: None Staff RecommendatonsCommens Staff recommends keeping the cul-de-sac. MEXICOBEACH o D City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM: # % Meeting Date: 4-23-25 Department: Admin Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: PRESENERINPORMATON CONTACT: Chris Truitt ITEM TO BE CONSIDERED Subject: JLAC 30 Day Response Attachment(s): JLAC 30 Day Response Brief Summary: The attached response is a progress report or status update on our efforts to comply with the JLAC audit findings. Action Requested: ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: None Staff Recommendations/Comments: None It has been 30 days since our initial response to the Joint Legislative Audit Committee (JLAC) audit findings. I want to take this opportunity to share the results of the audit meeting and provide a progress report on the changes we're making to address the findings. At the 2/10/25 JLAC meeting, the audit results were presented by the Inspector General's office to JLAC. The questions we were asked tended to focus on turnover in key positions and ensuring policies and procedures weren't lost due to turnover. Rep. Yarkosky asked the IG representative I does the Sheriff get a copy of [the audit report] to determine if there's anything criminal?" He replied "we didn't see any indications of fraud, if we see something that looks really questionable we'll often send a copy of the report to the State Attorney or FDLE (Florida Department of Law Enforcement), in this case don't believe we did and the report is publicly available on our website." With that statement on the record, we are continuing our focus on fixing the procedural issues that were uncovered and highlighted in the audit findings and recommendations. Specifically: Recommendation 1: To promote efficient operations, deliver high-quality services to residents, and consistently apply City policies and procedures, the City should develop policies and programs that foster a positive work environment and promote stability in key management positions. The previously challenging environment caused by tensions among administrators, clerks, accountants, and council members has been resolved. The new City Administrator, who started on 10/14/25, maintains a strong working relationship with the Council and key staff. Additionally, a Finance Director was hired a month later to oversee financial operations. The City Administrator is also developing the framework for a monetary performance reward system starting with the next budget cycle. Recommendation 2: The City should enhance efforts to comply with State law and ensure that annual financial audit reports and AFRS are timely completed and filed with the Auditor General and the DFS. All previous audits have now been completed, bringing Mexico Beach up to date. The audit for the most recent fiscal year is set to commence at the end of March and will be completed by the June deadline, pending the expected approval of the renewal contract for the auditor, James Moore, by the City Council. Recommendation 3: The City should enhance procurement policies and procedures to ensure competitive procurement of goods and services in accordance with City ordinances, maintenance of records to evidence all aspects of competitive procurements, including advertisements, RFP responses and quotes, and bid tabulation forms. AI new checklist has been developed and is actively being used to ensure all required paper and electronic documentation is obtained and retained. This checklist requires multiple levels of approval to ensure full completion. Recommendation 4: City personnel should obtain and document City Council approval for all purchases exceeding $10,000, as required by City ordinances, use purchase orders for purchases of goods and services exceeding $20, in accordance with City ordinances, prior to payment goods and services, document verification that goods or services were satisfactorily received in accordance with contract and purchase order terms. The existing framework for this policy is in place, but previously, the absence of a dedicated Finance Director and frequent changes of the City Administrator resulted in inconsistent enforcement. Now, with a Finance Director in position, purchasing regulations are being strictly followed and monitored. Recommendation 5: The City should follow its ordinances by issuing purchase orders for all purchases, contracts, and agreements for work or service and establish policies and procedures requiring invoices be matched to purchase orders and invoices be canceled at the time of payment to prevent incorrect and duplicate payments. A new purchasing and procurement policy was implemented in 2024 to address these concerns. Additionally, a new Purchase Order form has been introduced, requiring Department Head confirmation that funds are available in the existing budget. The Finance Department is developing a periodic verification process to spot-check purchases for compliance. In addition, for all checks over $3,000, a new process has been added to cross-reference the check with the vendor history and invoices. Recommendation 6: The City should establish policies and procedures for determining whether workers should be classified as employees or independent contractors and document such determinations. In addition, the City should enhance agreement monitoring controls to ensure that a valid agreement is properly executed prior to payment and that payments are consistent with agreed-upon compensation terms. We are in the process oft finalizing a policy that defines criteria for classifying independent contractors versus employees. Additionally, the project management component of our financial software is now being utilized to automatically close contracts upon expiration, ensuring no additional payments occur without executing a new contract. e Recommendation 7: City management should enhance procedures to ensure that users are restricted from performing incompatible functions or functions outside their areas of responsibiuity. Such enhancements should include establishing procedures for authorizing user access and the performance of periodic evaluations of access privileges granted within Springbrook, including the access privileges granted to groups, to verify that the privileges are necessary and appropriate for each user's assigned responsibilties. User management in our Springbrook financial software has been transferred to the new Finance Director. Access requests, including levels of functionality and roles, must now be justified based on job title and duties and require approval from both the Department Head and the Finance Director. Recommendation 8: City management should enhance controls to ensure that Springbrook user access privileges are promptly removed when a user separates from employment or when access to Springbrook is no longer required. The new hire and termination checklists have been updated to include computer system and software access controls. Additionally, an annual review will be conducted by the Finance Department to ensure compliance with these procedures. Recommendation 9: The City should develop and implement anti-fraud policies and procedures to aid in the mitigation, detection, and prevention of fraud. Anti-fraud policies and procedures are being developed. Training from the City's insurance carrier is available and will also be used. AlL employees and elected members of the City Council are now required to take annual training on our fraud policy as well as recognizing fraud, cybersecurity, and harassment in the workplace. We are committed to continuing the implementation and monitoring of the changes we've made to address the recommendations. We have made significant progress in promoting a positive work environment, ensuring compliance with State law, enhancing procurement policies, and strengthening financial management. Our new City Administrator and Finance Director have played crucial roles in fostering stability and enforcing regulations. We will continue to build on this momentum by finalizing policies for classifying independent contractors, enhancing agreement monitoring controls, and restricting user access to incompatible functions. Additionally, we are developing anti-fraud policies and procedures, providing annual training for employees and City Council members, and conducting regular reviews to ensure compliance. As we move forward, we will closely monitor our actions and make adjustments as necessary to ensure that we are delivering high-quality services to residents while maintaining efficient operations and adhering to City policies and procedures. Chris Truitt, City Administrator - -