PUBLIC HEARING AND REGULAR MEETING APALACHICOLA CITY COMMISSION TUESDAY, SEPTEMBER 3, 2024 - 6:00PM FORMER APALACHICOLA MUNICIPAL LIBRARY 74 6TH STREET, APALACHICOLA, FLORIDA 32320  AMENDED 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 forj 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. Presentation: Award/Resolutions IV. Presentation: FL27 Recycle Presentation V. Public Hearing Ordinance 2024-05 VI. Public Hearing Ordinance 2024-04  VII. Public Comment VIII. New Business  1. Amendment to Interlocal Agreement-I Healtheare Trust Fund Surtax  2. Board of Adjustment Alternate Member 3. Southern Group Contract 4. Gibson Parking Plan IX. Unfinished Business  1. Approval of Sylvester Williams Park Lease to County 2. Ordinance 2024-05 Floodplain Ordinance Second Reading/Adoption 3. Ordinance 2024-04 FWC No Wake Ordinance Second Reading/Adoption  4. 196 8th Street Encroachment Agreement    5. Davis Property Advertisement Approval 6. Gaskin Settlement Approval X. Mayor and Commissioner Comments  XI. City Manager Communications Report Attached XII. Finance Director Communications Report Attached  XIII. Attorney Communications XIV. Consent Agenda  Commission Meeting Minutes Adoption- June 4, 2024, Public Hearing and Regular Meeting P&Z Regular Meeting Minutes-July 8, 2024, Quasi-Judicial Public Hearing; July 8, 2024,  Regular Meeting  XII. Department Reports - Included in Agenda Packet  Adjournment  Any person who desires to appeal any decision at this meeting will need aj record ofthe proceeding and for this purpose, may need to ensure that a verbatim record of the proceeding is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting.    The City of Apalachicola HHonors & Recognizes  TA1  Commissioner Anita Grove  WHEREAS, the City of Apalachicolai is deeply committedi toe ensuringt the salelyandwel-Deingoritsresidents WHEREAS, City Commissioner Anita Grove demonstrated her dedication to public service and safety and WHEREAS, Commissioner Grove, generously donated a variety of life-saving marine supplies for the City's WHEREAS, this contribution significantly enhances safety measures to all who participate in marine WHEREAS, the City Commission of Apalachicola wishes to formally recognize and express its sincere appreciation to Commissioner Anita Grovei for her contribution to the safety and welfare of our community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF APALACHICOLA, THAT: 1. Recognition and Appreciation: The City Commission hereby recognizes and honors Commissioner Anita Grove and extends its deepest gratitude for her unwavering commitment to the safety of our community. 2. Public Record: This resolution shall be entered into the official public record of the City of Apalachicola as a lasting 3. Presentation of Resolution: A copy oft this resolution shall be presented to Commissioner Anita Grove as at token  and visitors, particularly those who enjoy the city's waterways; and  the betterment of our communly.partculary ine enhancing marine safety along our waterways; and  waterfront recreational areas; and  activities within our city, potentially preventing accidents and saving lives; and  testament to Commissioner Anita Grove's exemplary service and dedication.  of the City'sg gratitude.  PASSED AND ADOPTED by the City Commission of Apalachicola ont this 3rd day of September 2024.  CITY COMMISSION MEMBERS CITY OF APALACHICOLA BRENDA. ASH, MAYOR  ATTEST:  SHENEIDRA CUMMINGS, CITY CLERK    The City of Apalachicola Honors and-Recognizes  78:1  Mr. Brian Krontz  WHEREAS, Mr. Brian Krontz demonstrated dedication to public safety and the betterment of our WHEREAS, Mr. Brian Krontz generously donated a variety of life-saving marine supplies, including life jackets, flotation devices, and emergency signaling equipment, to be distributed among local marine safety  community, partiçularyinenhancing: marine safety along our waterways; and  stations, public docks, and recreational areas; and  WHEREAS, this substantial contribution will significantly enhance the safety measures available to all who WHEREAS, the City Commission of City of Apalachicola is deeply committed to ensuring the safety and well-being of its residents and visitors and wishes tot formally recognize and express its sincere appreciation to Mr.  participate in marine activities within our city, potentially preventing accidents and saving lives; and  Brian Krontz for his outstanding contribution to the safety and welfare of our community;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF APALACHICOLA, THAT: 1. Recognition and Appreciation: The City Commission hereby recognizes and honors Mr. Brian Krontz and extends 2. Public Record: This resolution shall be entered into the official public record of the City of Apalachicola as al lasting 3. Presentation of Resolution: A copy of this resolution shall be presented to Mr. Brian Krontz as ai token oft the City's  its deepest gratitude for his unwavering commitment to the safety of our community.  testament to Mr. Brian Krontz's exemplary contribution.  gratitude.  PASSED AND ADOPTED by the City Commission of Apalachicola on this 3rd day of September: 2024.  CITY COMMISSION MEMBERS CITY OF APALACHICOLA  ATTEST:  BRENDA ASH, MAYOR  SHENEIDRA CUMMINGS, CITY CLERK    APALACHICOLA CITY COMMISSION PRESENTATION Meeting Date: September 3, 2024  SUBJECT:  FL27 Recycle, Inc.  AGENDA INFORMATION: Agenda Location: Presentation Item Number: Department: Contact: Presenter:  N/A Richard Bracken Richard Bracken  BRIEF SUMMARY: Mr. Bracken would like to make a presentation tot the City Commission  regarding a recycling program  RECOMMENDED MOTION AND REQUESTED ACTIONS: N/A  FUNDING SOURCE: N/A  ATTACHMENTS: Informational flyer  STAFF'S COMMENTS AND RECOMMENDATIONS: N/A    7415 CountyF Road: 30A Port St.J Joel Florida: 32456 wwwFi27Reycle.com  Business Owners:  CHRISTINA Bracken Co-founder and CFO; over 25) years of accounting leadership rolesi int thet finance industry. Resides in Port St.. Joe Florida. Christina is responsible for the company's financial management including billing, accounts receivable, accounts payable, payroll and bookkeeping and manages human resources activities.  RICHARD Bracken Co-founder and President; over 30 years of corporate accounting leadership rolesi in the insurance and manufacturing industries. Resides in Port St.. Joe Florida. Responsible for the entire operations of FL27 Recycle, Inc. Duties will include overseeing marketing of the company's services, performing the daily curbside collection and sorting & storing the collected recycled waste materials. As FL27 Recycle, Inc. grows, Richard's duties will transition into managing  operation employees.  Christy and Richard are starting FL: 27 Recycle, Inc. Florida 27 Recycle is top-notch, curbside recycling services tailored for businesses, residents and vacationers in Beautiful North Florida. Our journey started with a simple idea...to make recycling accessible and friendly for everyone. We are creating a single-stream recycling program starting servicing from St. George Island to Mexico Beach, to include Eastpoint, Apalachicola and Port St. Joe. Wel look to expand our  service into Carrabelle and Wewahitchka during 2025.  FL27 Recycle, Inc.  collects, but not limited to, aluminum/tin, cardboard & paper, glass, plastic and Styrofoam; creates jobs, provides jobt training programs to enable employees to learn news skills and/or trades; funds a scholarship program allowing high school students to continue their education after high school.  processes collected waste materials into marketable products;  creates educational materials to bring awareness to waste stream reduction;  Pricing Structure  FL27 Recycle, Inc. will offer pick-up services for the following prices:  t,  Residential - weekly, bi-weekly or monthly pickup service $20-$40 per month Restaurants & Bars - starting at least twice a week pickup service $40-$50 per month Business District cardboard & Styrofoam pickup service = starting at $40-$50 per month  Operation  We will provide collections bins to our customers, and wev will collect recyclable waste usingh half-ton pickup trucks, installing ProStake panels and screens tot thet bed. We are currentlyi int talks with Port StJ Joef fori thel lease of 2 acres of real estate to create ai transfer station. Thet transfer station will house 10: shipping cargo containers for sorting and holding materials. Wewill ultimately purchase additional machineryt to crush, process, bale, pulverize, etc. our raw materials to! bes sold.  6 wwwFi27Recycle.com  Helogriz7Reyele.com  (850)7 774-5908  FLORIDA: 27F RECYCLE,YOURI LOCALI RECYCLE COMPANY    APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: September 3, 2024  SUBJECT:  Amendment to Interlocal Agreement - Healthcare Trust Fund Surtax  AGENDA INFORMATION: Agenda Location: New Business Item Number: Department: Contact: Presenter:  1 Administration  Franklin BOCC Chair Ricky. Jones Franklin BOCC Chair Ricky. Jones  BRIEF SUMMARY: In October 2007 Franklin County and both Cities entered into Interlocal Agreements governing the collection and expenditure of the 1 cent small county Surtax approved by Ballot Referendum in 2007. The monies generated by the surtax are deposited in a Healthcare Trust Fund and expended for the purposes set forth by Ordinance and Interlocal Agreement. The County has asked the Cities to agree to amend their Interlocal agreements to provide for payment ofambulance services. The effect would be tol have county wide ambulance service paid for from the Healthcare Trust Fund instead of the County regular budget. Ambulance service is currently approximately $750,000.00 annually. Attached is a draft amendment to the Interlocal for review, discussion and action by the City Commission. Attached please find the Ordinance, Existing Interlocal Agreement, proposed Amendment and  historic financial information.  RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve amendment of the Interlocal  and authorize the Mayor to execute Amendment.  FUNDING SOURCE:  ATTACHMENTS: 2007 Surtax Ordinance, 2007 Interlocal Agreement, 2024 Interlocal  Agreement, Weems Transfer Detail  STAFF'S COMMENTS AND RECOMMENDATIONS:    PAGE 02  AN ORDINANCE OF THE BOARD OF COUNTY  COUNTY, FLORIPA RELATED TO IMPOSING A COMMISSIONERS OF FRANKLIN SMALL COUNTY SURTAX: PROVIDING FOR DISCRETIONARY ONE CENT NOTICE TO THE DEPARTMENT OF REVENUE REFERENDUM; PROVIDING FOR DEPARTMENT OF REVENUE TO DISTRIBUTE AND DIRECTING THE USE OF SAID TAX; AND PROVIDING FOR AN SAID TAX; PROVIDING FOR THE  EFFECTIVE DATE.  ORDINANCE 2007.. zA FRANKLIN COUNTY, FLORIDA  1992i-and WHEREAS, Franklin County, Florida had a population of 50,000  or less in April  WHEREAS, THE board of County Commissloners  "Board") may levy a discretionary one cent sales tax, of Franklin County, Florida (the Surtax, in Franklin County, Florida, pursuant to Florida commonly known as the Small County  referendum; and  Statules Section 212.055/3)2007)by sales surtax would be County as authorized by Section BOARD OF COUNTY  imposed WHEREAS, on that itist thei intent of the Board that said one cent  portion of all sales occurring within the NOW THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS. FOR FRANKLIN COUNTY, 1, IMPOSITION OF SURTAX. Subject to  212.054, Florida Statutes (2007)  FLORIDA, that:  imposed a one cent sales surtax on that portion of approval all by referendum, thare shall be Florida, not in excess of $5,000.00, The tax shal be sales occurring within Franklin County, accordance with Section. 212.054 and Section 212.055 levied, administered, and collectedin nolify the Department of Revenue of the enactment hereof The Clerk of the Court shall instructed to distribute the proceeds of the surtax 212.054(4), levied the Department of Revenue is municipalities within the County in which thes surtax was hereunder to the County and the Agreements existing by and between the County andt collected according to the interlocal  (3). Florida Statutes, (2007). as provided by law.  2. NOTICE TO THE DEPARTMENT OF REVENUE. 3, DISTRIBUTION. Pursuant to Section  of Apalachicola, and' The City of Carrabelie, 4. USE OF PROCEEDS. Said tax proceeds and expended for the sole purpose ofl Improving the constructing an urgent care facilily In Carrabelle quality first,  the cities of sald County; to wit: The City and any Interest accrued thereto shall be delivery of healthcare by serviçes, including the  paying the cost of operations ofl healthcare infrastructure upgrading and the ambulance service, and  Received Time-Nov. 13.-2007- 9:44AM-Ko. 0092-    PAGE 03  replaçe construction Weems and Memorial paying debt service on bonds to construct a new public hospital  Hospital.  facility to  effect 5. EFFECTIVE DATE. Pursuant to on January 1,2 2008.  $212.054(6), F.S. (2006), this Ordinance shall take  which referendum 6. REFERENDUM: has This ordinance shall only take effect Franklin Duly County, passed Florida, and adopted in regular session of the Board of  been previously authorized and is hereby upon ratifled. approvalb by referendum, this 9 day of Ociogèn 2007, subject County to Commissioners of  referendum,  approvalby  ATTEST:  BOARD OF COUNTY ÇOMMISSIONER FRANKLIN COUNTYPORIDA BYaR G. Russell  mphnaas Marcia Johnggn,  SEAL COUNT  Clerk of Court Approved as to Form: dsle Thomas M. Shuler, Franklin County Attomey  A  Received Timt_Nov, 13.--2007- 9:44AV-No. 0092-    FAGE 04  INTERLOCAL AGREEMENT for SMALL COUNTY SURTAX  This Interlocal Agreement, entered into this 9t Board of County Commissioners, (hereinafter referred to  of  2007, between Franklin County, a political subdivision of the State day Octobey Apalachicola (hercinafter referred to as "City" or "Citics") as the "County"), and the City of  ofFlorida, by and throughi its  WITNESSETH:  WHEREAS, Section 212.055(3) permits the County the  the other taxes allowed by law, a small county County Commissioners of Franklin  authority to levy, in addition to  pursuant to an Ordinance enacted by either a surtax, (hercinafter referred to as "Surtax")  super majority of the members of the Board of  County, Florida or referendum; and  WHEREAS, the Franklin County Board of County  Franklin County Ordinance No, 2007-Z9 Florida Statute Section 212.055(3) and  Commissioners has duly passed  authorizing a discretionary one cent small authorizing a referendun) for the purpose of  county surtax pursuant to the authority granted by  WHEREAS, pursuant to the aforesaid enactment of said: within Franklin County desire to establish by Interlocal  surtax, the County and the Cities  for distribution oft the proceeds from the surtax, ifa any, and Agreement the method and mechanism Franklin County, Florida, eligible to receive a portion of the is a municipality located within the majority of the county's municipal population separate within Franklin agreement with the County, jointly establish with the County the mechanism for distribution County, oft Florida, and desire to imposed. by the County pursuant to authorityunder Florida Statue the proceeds of the surtax Trust Fund to be maintained by the Franklin County Clerk of establishment ofs a Healthcare Weems Hospital Board as authorized and directed by the Franklin Court under the direction of the Commissioners to achieve the limited purpose described herein which County Board of County  WHEREAS, the City, which is aj party to this Agreement,  the City of Carrabelle, which is entering into a  interlocal surtax, and: represent, together with,  212.055(3)(cX(1); and  WHEREAS, the County and City desire to provide for the  operate, construct and maintain the healthcare facilities and  will. -be sufficient to  hercin.  programs established as set forth  NOW, THEREFORE, in consideration of the mutual covenants 1969), and Section 212.055(3), Florida Statues, thej parties hereto  pursuant to Section 164.01et. Seq,, Florida Statutes, (the "Florida Interlocal contained herein, and  Corporation Act of  agree as follows;  Received Time Nov, 13. 2007 9:44AM No. 0092    PAGE 05  1. Purpose: This Agreement isi intended tO  (1) Provide the method and mechanism for distribution oft the  surtax between the County and Cities by the State ofFlorida, proceeds ofthe  ofRevenue,  Department by the County, facilities and by the County, Cities pursuant to the statutory  (2) Provide for the dedication ofthe use of surtax proceeds and all Cities for the payment of operating programs serving Franklin County, Florida; (3) Provide that the restrictions on the use oft the surtax as established in this Agreement are fixed  construction and acquisition ofhealthcare infrastructure expenses, maintenance,  authority ofSection  212.055(3)e)1), Florida Statutes which  provision authorizes the County's governing board and the statutory bodies of the municipalities representing a majority ofthe governing municipal population to provide for the exclusive distribution County's ofs surtax within the Office oft the Franklin County Clerk of Court for Trust Fund imposed by Franklin County Ordinance No. pursuant to the: surtax directed by the Franklin County Board of 2007-Z4, as authorized and  proceeds;  (4) Provide for the creation oft the Franklin County Healthcare maintenance and distribution ofmonies received limited purposes described herein,  deposit,  County Commissioners for the  (5) Ino order to preserve and safeguard its critical access  that Weems Memorial Hospital shall not be relocated designation, outside the provide  Apalachicola. Distribution ofProceeds  City of  2.  (1) Upon the levy oft the surtax cstablished by Franklin  2007-25, the proceeds derived from Franklin County, the Healthcare' Trust Fund tol be maintained by the Franklin ofCounty Commissioners to achieve the) limited payable to) Franklin County, the City of Apalachicola  County Ordinance No. as the Franklin County directed by the Franklin County Board derived from ssid surtax further distribution in açcordance  Carrabelle shall all be distributed into a common fund to be City known of Apalachicola and the Cityo of direction ofthe Weems Hospital Board as authorized. and County Clerk of Court under the Department of Revenue is hereby directed to deposit purposes all such described funds herein. The State of Florida, Franklin County) Healthcare Trust Fund as set forth herein and the for City of Carrabelle directly to said  with this Agreement.  Received Time Nov, 13. 2007 9:44AM No. 0092    PAGE 06  (2) The first usc oft thei infrastructure portion of the sales  used to construct an Urgent Care Facility with diagnostiç  tax proceeds will be  Cityo of Carrabelle with extended weekday and weekend radiology and) lab: services within the will be used for the purpose oft renovating orr rebuilding Weems hours; thereafter, that portion oft the tax  Apalachicola.  Memorial Hospital in  (3) The Weems Hospital Board is herebya appointed for the  ofoversight and approval of expenditures from the Franklin County Board of County Commissioners to achieve the limited  express purposes  and all expenditures from said Trust Fund shall be approved in advance Healthcare Trust Fund. Any . this hospital board and shall be subject to the authority and direction ofsuch expenditure by  oft the Franklin County  purposes described herein.  3. Tem  (1) This Agrcement shal! take effect on the days and year  thel Boards set forth herein. The levy ofthe surtax shall adopted by each of January 1,2 2008 and the Agreement shall remain in affect commence during the on duration ofi imposition oft the small county surtax established' byl Franklin County Ordinance No. 2007-22. Ifsaid ordinance is not approved referendum, then this agreement shall bo null and void. (2) The County and Cities distribution of surtax proceeds into the. Franklin County Healthcare Trust Fund shall be used only for the following A. Said tax proceeds and any interest accrued thereto shall be expended for the purpose ofpaying for healthcare infrastructure B. Heaithcare infrastructure means either the construction ofai new hospital or repairs, remodeling and renovation oft the existing hospital and/or the construction ofal hospital annex in Eastern Franklin County and includes operating expenses, maintenance, C. No funds derived from the sales tax shall ber used for any other D. Any financial interest received from such surtax byt the Cities shall be placed in the Franklin County Healthcare County Trust Fund and used solely for thej purposes set forth herein and may be pledged for the payment of bond indebtedness for the purposes  by  purposes;  and serviçes in) Franklin County, Florida,  and repairs.  purpose,  and  Received Time Nov, 13. 2007 9:44AM No. 0092    Tibc U.  herein authorized.  4. Amendments stoAgreement  Not withstanding any other provision, this Agreement may be amended in  with thc consent ofboth the County and the Cities. 5. Form of Execution byt the County and the Cities  writing  The County and each City desiring to participate in the distribution ofs surtax proceeds as provided herein shall document its official participation and as aparty to this Agreement by fixing the signatures ofthe) proper official inclusion  authorized to execute this Agreement.  6. Counterparts  This Agreement may bc executed in Counterparts and each fully executed  Counterpart shall be deemed an original instrument.  7. Florida DeparmentofRevenue  Upon adoption by this Interlocal Agreement by the Cities and the County, the County shall provide the State ofFlorida Department of) Revenue with a this Agreement setting forth distribution ofthes surtax  copy of  proceeds as set forth herein.  8  Filing with the Clerk ofCourt  A copy oft this Agreement and all subsequent amendments hereto shall be filed with the Clerk ofthe Circuit Court of Franklin County, Florida,  execution  by all parties hereto. 9. Entire Agreement  uponi its  This Agrecment is the entire agreement between the parties and all and agreements arci incorporated in this Agreement. This Agreement understandings supercedes any prior,agreements between the partiesr relating to the local small county surtax.  QRIC By: Chaitman  By: Van  Franklin County Roard CoutyCommisioners CityofApalachicola Mayor  2  K  Received Time Nov, 13. 2007 9:44AM No. 0092    FIRST ADDENDUM TO THE INTERLOCAL AGREEMENT DATED OCTOBER 9, 2007  BETWEEN  FRANKLIN COUNTY, AI POLITICAL SUBDIVISION OF THE: STATE OF FLORIDA,  AND  THE CITY OF APALACHICOLA  CREATING THE FRANKLIN COUNTY HEALTH CARE TRUST FUND  In consideration of these mutual promises, Franklin County and the City of Apalachicola 1. Proceeds from thesurtax and the Franklin County Healthcaretrust, fund arehereby, authorized to payforambulance. services'and operations, begihrinewithfsalyear 2. By October 1,2026, Franklin Countywillselect one ofthe healthcare options proposed byits consultant to construct anèw Hospital or repair, remodel and renovate the existing faci/ity or convert toarural emérgency hospital and begin 3. Exceptasr modined herein, the Interlocal Agréement dated October 9, 2007,s  hereby agree to amend the Interlocal Agreement dated October 9, 2007; as follows:  2024.25 andeach fiscalyear thereafter.  implementafonshereof  ratifiediand confirmedand remainsi in full force and effect.  Approvedby Franklin Countyon thisthe  dayof August, 2024.  Franklin County, a political subdivision ofthe  State of Florida) By:  Attested by:  Ricky D.. Jones, Its Chairman  Michele Maxwell Clerk of Court Approved as to legal form and sufficiency:  Thomas M. Shuler, County Attorney  Pagelof2    Approved by the City of Apalachicola on this the  day of August, 2024.  City of Apalachicola  By:  Attested by:  Brenda Ash, Its Mayor  Lee Mathes, Its Clerk  Approved as to legal form and sufficiency:  Danjel W. Hartman, D  )  Page 2of2    -            2022/2023 HCTF REVENUE DETAIL  RECEIPTDATE D5SCRETIONARYSALESSURTAXPROCEDS 12/30/22/OCTOBER: 2022 01/30/3/NOVEMBER: 2022 03/01/23DECEMBER: 2022 04/05/23JANUARY: 2023 04/28/23)FEBRUARY: 2023  DESCRIPTION  TAXP PROCEEDS $ 237,757.93 $ 164,030.91 $ 125,179.83 $ 201,059.50 $ 166,048.46 $ 185,716.55 $ 135,676.22  02/06/23/OCrOBER: 2022- DECEMBER: 2022 QTRLYFILERS  TBDJANUARY 2023- MARCH 2023 QTRLYFILERS  TOTAL SALES TAXF PROCEEDS TOD DATE FY 2022/2023  1,215,469.40  OTHER REIMBURSEMENTS  TOTAL OTHER REIMBURSEMENTS FY2 2022/2023 $  2022/2023 DISTRIBUTION OF SALESTAX PROCEEDS - HCTF  DISTRIBUTION DATE 50% OFMONTHLYPROCEDS DISTRIBUTION 02/07/23/OCTOBER: 2022 02/07/23OCTOBER: 2022- DECEMBER: 2022 QTRLYFILERS 02/0723,NOVEMBER: 2022 03/21/23DECEMBER: 2022 04/18/23 JANUARY: 2023 05/02/23FEBRUARY: 2023  DESCRIPTION  TAXF PROCEEDS $ 118,878.97 $ 62,589.92 $ 82,015.46 $ 100,529.75 $ 83,024.23 $ 92,858.28 $ 67,838.11  05/16/23JANUARY; 2023- MARCH 2023 QRTLYFILERS  TOTAL! 50% DISTRIBUTION OF PROCEEDS TO DATE FY 2022/2023  607,734.72 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00  $120,000 CLINICALSUPPORT DISTRIBUTION 10/04/22/OCTOBER: 2022 SUPPORT 11/01/22,/NOVEMBER: 2022 SUPPORT 12/06/2/DECEMBER: 2022 SUPPORT 01/03/23JANUARY: 2023 SUPPORT 02/07/23FEBRUARY 2023 SUPPORT  $ $ $ $ $    03/07/23MARCH 20235 SUPPORT 04/04/23/APRIL: 2023 SUPPORT 05/02/23MAY: 2023 SUPPORT  $ $ $  10,000.00 10,000.00 10,000.00  TOTAL CLINIC SUPPORT DISTRIBUTION FY 2022/2023 $  80,000.00 222,884.00  TRANSFER TO WEEMS CAPITAL ORE EMS UPGRADES CONSTRUCTION/IMPOVEMENIS/EICREIMBURSEME  01/03/23FRAZER INC: 2022 FORDF F350A AMBULANCE  TOTAL WEEMS CAPITAL FY 2022/2023 $  222,884.00 TAXF PROCEEDS $ 191,063.00 $ 191,063.00 $ 191,063.00 573,189.00  2022/2023TRANSFENS FROM COUNTY GENERALI FUND- AMBULANCE: SUBSIDY  DISTRIBUTION DATE  DESCRIPTION  AMBULANCE: SUBSIDY001515819101 10/04/22/1ST QUARTER OCTOBER- DECEMBER: 2022 01/03/23/2ND QUARTER. JANUARY- MARCH 2023 04/04/23 3RD QUARTERA APRIL- JUNE 2023  TOTAL AMBULANCE SUBSIDY FY 2022/2023 $    APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: September 3, 2024  SUBJECT:  Board of Adjustment Alternate  AGENDA INFORMATION: Agenda Location: New Business Item Number: Department: Contact: Presenter:  2 P&Z Travis Wade/Bree Robinson Travis Wade  BRIEF SUMMARY:  Atul Patel is currently at full Board of Adjustment member. He has missed several meetings over the last year and has requested that he be placed as an alternate for emergencies. If Atul Patel isr moved toi the alternate role, then Chris Presnell will be promoted to a full member.  RECOMMENDED MOTION AND REQUESTED ACTIONS:  Motion to place Atul Patel in the Board of Adjustment Alternate role and promote current  alternate, Chris Presnell, to a full member of the Board of Adjustment.  FUNDING SOURCE: N/A ATTACHMENTS: N/A  STAFF'S COMMENTS AND RECOMMENDATIONS: N/A    APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: September 3, 2024  SUBJECT:  Southern Group Contract  AGENDA NFORMATION: Agenda Location: New Business Item Number: Department: Contact: Presenter:  3 Administration Travis Wade Travis Wade  BRIEF SUMMARY: This is ai request for approval to sign the contract with Southern Group for the upcoming Fiscal Year (24/25). The feel has not changed from last year and that figure is  included in the upcoming draft budget.  RECOMMENDED MOTION AND REQUESTED ACTIONS: Motion to approve  FUNDINGSOURCE: N/A  ATTACHMENTS: Southern Group contract STAFF'S COMMENTS AND RECOMMENDATIONS:    THE  MIAMI OFFICE 9155 S. Dadeland Blvd., Suite 1716 Miami, FL 33156  SOUTHERN  0:305.421.6304 hesouthergroup.com  GROUP  CONTRACT FOR SERVICES  This is a contract for lobbying services between The Southern Group of Florida, Inc. ("TSG") and City of Apalachicola ("Client") (the "Contract"). The Contract is entered into on this 14th day of August 2024. The services to be provided by TSG to Client under this Contract shall begin on September 1, 2024 ("Start Date") and shall continue for twelve (12) months (the  "Engagement Period"). 1. SCOPE OF WORK.  The lobbying services set forth in this Scope of Work will be performed by thel lobbyists and employees ofTSG. Client acknowledges that the distribution of effort by TSG may be uneven over the course of the Engagement Period, in that some periods may require more hours  and effort than others.  The Scope of Work contemplated by this Contract is as follows:  TSG will represent Client before the Legislative branch of Florida government to assist with moving forward an Apalachicola Stewardship Act and legislative appropriations requests. Additionally, TSG will represent Client before the Executive branch of Florida government, While TSG's lobbyists and employees will execute the Scope of Work, Client's primary point of contact will be Kate DeLoach. In the event that Kate is not available, please contact Clark Smith or Rachel Cone. Their contact information can be found in the attached TSG Contact Information form. TSGis al lobbying firm subject to the laws and rules of the State of Florida and other jurisdictions within the state, as applicable. Client agrees that ity will complete any forms necessary to comply with lobbyist registration requirements during the Engagement Period, or after this Contract's termination, should reporting periods overlap.  including the Governor's office and state agencies.  2. CONFIDENTIALITY.  TSG acknowledges and agrees that during the course of the performance of services for Client that Client may furnish, disclose or make available confidential and proprietary information to TSG. TSG agrees to keep non-public information designated confidential by  the Client confidential unless disclosure is approved by the Client.  3. INVOICES AND/OR PAYMENTS.  Consideration for the work performed under this Contract is at flati fee of $54,000 (the "Fee"). For the convenience oft the Client, the total amount owed under this Contract will be billed    monthly in twelve (12) equal installments over the Engagement Period in the amount of $4,500. TSG will provide the installment invoice on the first day of each month during the Costs directly attributable to the performance of this work will be billed in addition to the Fee. Costs may include travel, conference registration fees, and other expenses incurred on behalf of the Client. Any cost(s) that exceed $500 per month in the aggregate will not be Payment should be made payable to or addressed to The Southern Group of Florida, Inc. ACH or wire transfer is preferred. If payment is made by check, then payment(s) should be remitted to P.O. Box 10570, Tallahassee, FL 32302. Payments received more than sixty (60) days after their due date shall be charged a $100 per day late fee for each day that payment iso overdue. Ifani invoice is unpaid for ninety (90) days or more, work towards completion of the Scope of Work will pause until Client brings all amounts due and owing current.  Engagement Period. Payment is due upon receipt of the invoice.  billed without Client's written approval.  4. RENEWAL.  This Contract will automatically renew for a subsequent period(s) equal to the length of the Engagement Period unless Client provides written notice to TSG Managing Partner Nelson Diaz at Diazolnesoutherncroup.com no less than thirty (30) days prior to the end of the applicable Engagement Period. Upon payment oft the final invoice, there shall be no further  obligations oft the Parties under this Contract. 5. NOTERMINATION FOR CONVENIENCE.  In the event that the Client chooses to end the Contract before the end of the applicable Engagement Period, the Fee and any approved, outstanding costs shall be due in their entirety. TSG will provide a final invoice for all amounts due under this Contract which: shall  be paid within thirty (30) days of being sent by TSG. 6.R RELATIONSHIP OF THE PARTIES.  Both the Client and TSG are free to enter into other contracts with other parties for similar services, subject to certain limitations set forth herein and in Section 2 above. TSG agrees that it will not engage new clients for matters that would result in a direct conflict ofinterest between the position of the Client and the new client during Engagement Period and all renewals. TSGI represents that no current conflict of interest exists among its current clients by bringing on Client. TSG's conflict policy does not extend beyond the term oft the Contract  andi its subsequent renewals. 7. ASSIGNMENT. forth in Section 1 above.  TSG shall not assign, delegate, or otherwise transfer its rights or obligations except as set    8. FORCE MAJEURE.  Notwithstanding any provisions oft this Contract to the contrary, the Parties shall not be held inb breach ofthe Contract as a result ofanyf failure or delayint thep performance ofthis Contract that arises from fires, floods, strikes, unusually severe weather, or restrictions as a result of declared public health emergencies. Failure to perform shall be excused during the continuance of such circumstances, but this Contract shall otherwise remain in effect.  9. AMENDMENTS.  The Contract may be amended only when reduced to writing and signed by Client and TSG  Managing Partner Nelson Diaz at Dlaz@ThesouthernGroup.com.  10. ENTIRE AGREEMENT.  This Contract states the entire understanding and agreement between the Parties. No course of prior dealing or use of parol evidence shall be relevant to supplement, vary or explain any term used with respect to this Contract. The acceptance of any course of performance rendered under this Contract will not constitute a waiver of any of the  Contract's provisions.  11.SEVERABILITY OF PROVISIONS.  The Parties intend this Contract to be enforced as written. The Parties agree, however, that each provision herein shall be treated as a separate and independent clause, unless otherwise specified. Thus, the unenforceability of any one clause shall in no way impair the enforceability of any oft the other clauses in this Contract and each portion and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law.  12.APPLICABLE LAW AND VENUE.  The laws of the State of Florida shall govern this Contract. In the event it is necessary for either Party to initiate al legal claim arising from this Contract, the venue for such claims shall be Leon County, Florida. In the event of a dispute over the Contract, the terms of this Contract will not be construed by the applicable court against the drafter oft the Contract. Int the event of any legal action arising out of, or relating to, this Contract, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in connection with such action. For purposes ofthis provision, "prevailing party" shall mean the party that obtains a favorable judgment against whom such action is initiated or obtains a final  13.PREVAILING PARTY ATTORNEY'S FEES AND COSTS.  dismissal on the merits of such action by the Court.  14. AUTHORITY.  The individual signing below on behalf of the Client hereby represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of Client and that  this Contract is binding upon the Client in accordance with its terms.    SIGNED: City of Apalachicola Signed: Printed Name: Title:  The Southern Group of Florida, Inc.  #EK  Signed:  Printed Name: Kate DeLoach  Title: Partner    APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: September 3, 2024  SUBJECT:  Gibson Parking Plan  AGENDA INFORMATION: Agenda Location: New Business Item Number: Department: Contact: Presenter:  4  Planning and Zoning Dan Hartman/Bree Robinson Cutler Edwards or Representative  BRIEF SUMMARY:  There have been questions surrounding parking for the Gibson complex - 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, and accurate numbers of rooms, staff, tables, and barstools for the requirements to be tallied. The parking requirements are met if the below request is approved - the complex requires at total of 104 spots to meet the requirement and if the historic waiver is given then the complex has 16 waived and 89 provided, totaling to 105 parking spots. 1.) Applicant is requesting a parking mitigation 'waiver' for up to 8: spots per documented historic structure as allowed int the LDC (Sec. 111-288.0)11), SO waiver of 16 spots for  both documented historic buildings. RECOMMENDED MOTION AND REQUESTED ACTIONS:  1.) Motion to approve a parking mitigation waiver of up to 8: spots per each documented Florida Master Site File historic building in the Gibson complex - in this case 2 historic structures and waiver of 16 required parkingspaces.  FUNDING SOURCE: N/A  ATTACHMENTS: Parking Plan submitted by applicant, proof of historic structures designation,  plus applicable code regarding the parking requirements.  STAFF'S COMMENTS AND RECOMMENDATIONS: Recommend to approve the waiver.    OZEZEVGNNO1 V100IHOVIVdV NOS9IS JES NVIde3ISVA HS  O3ANBAVIS  8  ., JANSAY  o  .a. SANSAY    Staff- peak o 9 o 8 10 3 0 0 0 OJ 0 2 12 3 22 25  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 Rooms 1:1 Staff 1:2 Tables 1:2 Stools 1:4 Subtotal Total spaces required: Spaces needed Historic Waiver Needed Waived Area Taranto Lot Ave C at lot 4th st hotel side 4th st west side Ave Chotel side Ave-Geeress Market St Ave DI hotel side Total physical Historic Waiver  Rooms Tables Stools 69 o 13 5 7 6 o 4 34  Historic Waiver Gibson Buck House Subfotal  69 12.5 17 5.5 104 104 16 88 Spaces  8 8 16  14 updated see atfached plan 10 updated see attached plan 19 *See note below 4 4 ason 2027 P&Z approval 3 Pom0A-AALeppons 19 as on 2027 P&Z approval 19 as on 2021 P&Z approval  899 92- 16  Spaces Available: 108- 105  * Updated from 2021 P&Z with retention of off-street parking at Ah La Carte, as architect of 2021 plan erroneously assumed extension of 4th St easement to Ave D. This area is currently set up like this, no alterations    X  E  6    e 1o    09  8  00    E  U  @ B  a  00  -  8  N  B  a  LE  DB    m  B  d8 a d6  r  :  De B  a    I  U  9    Porch  sidewalk  Patio tables  P    A    Scc.II -2-88. Ingnrat (1) Home occupations.  a. Home occupations shallr noti involve employment ofn nonresidents ofthep premises;  b. Home occupations shall! bec conducted entirelya and Onlyv withint the principalr residential: structure ands shall not occupyr more Theres shall ber noe external evidence oft the conduct bfs such occupation except one: sign, noti illuminated, andi note exceeding one d. Home occupations: shallr not be constructed toi include barbershops, beauty parlors,t tear rooms, andf food processing a. Residential: apartment units ares subjectt top particu/ar districts standards fors single-family dwellings. tot those areas located ont buildings second floors abovea active commercial: activities.  than: 25p percent oft thet floora area ofs such structure; squaref footi ina area, mountedf flat against the wallo oft ther residence; establishments, restaurants, antiques stores, or conmercial kennels.  (2) Residential: apartment units.  b. Inordert top promote efficient use ofe existings spacé in downtown commercial (C-1)areas, residential apartment units arel limited (g) District overlay. Int thee event that two or more: separate provisions oft this code indicate conflicting regulations ors standards (historic district, zoning district, waterfront review: zone), the! highest andr most restrictive regulation and/ors standard shall govern. (h) Waterfront: anda adjacent areas special reviewr requirements. Specialr requirements fors structures, facilities, and uses ofl land adjacentto they waterfront. (river and bay, including creeks andy waterwaysj joiningt these. See mape entitled: Special Waterfront Area). (1) Allhousinga and other structures withint this waterfronta areas shall be connectedt tot the city's centrals sewers system. a. That thet basic functions andp productivity oft the Apalachicola Bay areal'sn natural landa andy water systems willl be conservedto reduce ora avoid health, safety, ande economic) problems forp present andf futurer residents oft the Apalachicola Bay area. 2. Where alterations ofv wetlands arer necessaryin ordert to allow reasonable use ofp property, eithert the restoration oft the disturbed wetlands willl bep provided ora additionalv wetlands willl be created ata 4:1r ratiot tor mitigate anyv wetland destruction. Alla approvedr mitigations shall ber required to demonstrate, through appropriate monitoring and reporting! by the project's developer, atl least an8 85p percent planting survivalr ratei forv wetland areas createdaugmented: during mitigation, for a perioda atl least twoy years forl herbaceous wetland communities, andf for atl leastf fivey years forf forested b. Lando development: shall be consistent withas safe environment, adequate community facilities, anda a desire tor minimize Nov wastes shall be dischargedi into any waters oft the Apalachicola Baya areav without first being given thec degree oft treatment necessary tof fully protect, and/ori improve thep present water quality adjoining this area. (3) Alld development withint thes specialy waterfront districts shall complyv with articleloft this chapter anda articlel ofs chapter 115. The stormwater management plany willp prohibitt thé use ofherbicidesi int thes specialv waterfront district. (4) The! bulk storaged ofh hazardous materials, asc defined byt the Federal Environmentall Protection Agency (EPA) Schedule 400 CFR2 261, sbpts. Ca and D,i isas specifically excluded usey withint thev waterfront: area. For the purposes oft this section, the term' "bulk storage" means moret than1 1001 kilograms (220 pounds) ofE EPA-listed! hazardous materials, and more than onel kilogram (2.2 pounds)of EPA-listed acutely hazardous materials. Ing general, every efforts shouldt ber made tos secures smalla amounts oft these materials, as (5) Thes storage and dispensing ofp petroleum products witht thev waterfront districtisap permitted use undera applicable department of (6) The use ofr natural vegetation erosion control structures ise encouraged andp preferredt tot the construction ofr rigids shore protection structures (seawalls, bulkheads, revetmentsetc.). The constructions ofverticals seawalls without armoring (ripr rap, sandbags) on  (2) Allp plans for development witht thev waterfront areà shalle ensure: 1. Wetlands willl bep preserved andp protected.  wetland communities. environmental hazards.  well aso common, less! hazardous, chemicals ands substances, from releasei intot thee environment. environmental, protection (DEP)r rules pursuant toF F.S. ch.1 17.61 anda applicable federalr regulations.  thev waterward face arep prohibited onr natural waterbodies. (7) The alteration, other than approvedr maintenance, ofr mosquito ditches isp prohibited.  () Parking requirements. 316.1957.  (1) Offstreet parking. Required off-street parkingf facilities shall be primarilyf fort the parking ofp private passenger: automobiles of occupants, patrons ore employees oft the principal uses served. Parkingf for disabled persons shall bep provided pursuantt toF F.S. (2) Definition ofo off-street parking. Theres shall! bep provided att thet time oft the erection ofa any principal buildingo ors structure parking spacev witha adequate provisions fori ingress ande egress nol lesst thant thet following space requirements (when calculatingt the requiredr number ofp parking spaces, fractional numbers ofs spacesg got tot ther next whole number): Dwelling. One parkings space for each dwelling unit or room forr rent. Offices, studios, andi financiall institutions. One off-street parking space fore each two persons atv work onp peaks shifts, plus one fore each 500 squaref feet off floor space open tot thep public. Retaile establishments. One off-street parkings spacef fore each twop persons atv work onp peaks shifts, plust twot fort thef first1 1,000    squaref feet off floor space devoted tor merchandising, plust twof fore eacha additional 300 squaref feet used.  Eatinga andlord drinkinge establishments. One offshore parkings spacef fore eacht twoy persons atv work onp peaks shifts, plus one for Child care centers. One off-street parkings spacef fore eacht twop persons atw work onp peaks shifts, plus one fore each5 500 squaref feet off floor space, plusa adequate provisions fort thel loadinga and unloading ofc children off oft thep publicr right-of-way, subjectt tos site Marinas. One off-street parkings space fore eachy wet slip, plus one off-street parking spacef fore every three drys slips. Allother permitted uses ands structures. One offstreet parkings spacef for each twop persons atv work onp peaks shifts, plus (3) Location of off-street parking. Required off-street parkingy will bep providede either ont thes same parcel ofl landa ast they principal building ors structure or ona as separate parcell locatedy within 500f feet oft thep principal building ors structure. (4) On-street parking. Ana allowable commercialuse ofa ane existing building upona adoption of Ord. No. 91-7, adopted December3, 1991, may use on-street parkinga asp partofits required parking. Ani increasei int thei intensityofuse ofa ane existing! buildinga aftert the adoption ofOrd. No.91-7onD December3 3, 1991, must comply witht thep parkingr requirements as provided ins subsection.o2)ofthis (5) Where a parking! loto does nota abut ona a public orp private street, alley, ore easement ofa access, theres shalll bep provideda ana access drive notl lesst thant tenf feeti inv widthi int the case ofad dwelling, andi not lesst than 181 feeti inv widthi ini allo other cases, leadingt tot the loading or unloadings spaces and parking ors storage areas required! hereunder ins sucha ar mannera ast tos secure the mosta appropriate development oft the propertyi inc question. Parkings spacess shall bean minimum oft tenf feetb by2 20f feeta anda access aisles shall bea (6) Every parcel ofl land useda as a public orp private parkinga area, includinga a commercial parking! lot, shall bec developed and Nop part ofa any parking areas shall bec closert thanf five feet toa any established road right-of-way or alleyl line. Inc caset thep parking areaa adjoins a residential district, its shallb bes set back atl least fivef feet fromt ther residential district boundarya and shall be b. Any off-streetp parkinga area,i includinga any commercial parkingl lot, forr moret thant five vehicless shall bes sog graded and drained ast to dispose ofa alls surface water accumulation withint thea area ands shall bes so arranged and markeda as top providef for orderly Any! lighting usedt toil illuminate any off-street parkinga area, includinga any commercial parking! lot, shall be so arranged ast to reflectt thel lighta awayf froma adjoining premises ina any residential districta asv wella ast toe eliminate drivingr nuisance and! highway d. Any commercial parking area shallr require a department ofe environmental regulation: stormwater permit beforea a city (7) Offstreet! loadinga and unloading. Ina addition to the required off-street parkings spaces, adequate off-street! loadings space, as determined! byt the buildingi inspector, shall bep provided sot thatr nop part ofa any commercial vehicle: shalle encroach orp parku upon any (8) The city shall make a determination, onr nol lesst than ana annual basis, oft ther number ofp publicly-owned parkings spacest that are availablef for usea as parkingr mitigation int the C-1,C-4a and RFC districts. Parkingr mitigation, asp providedi int thiss subsection, shall be available onaf first come, first servedb basis, up toar maximum of1 15 spaces per development until allo currentlys spaces! have been subscribed." Thereafter, thec city may make additional spaces available or suspend thea availability of parkingr mitigation. (9) Newo commercial development or expanded intensity ofa ane existingb building usei int the C-1, C-4 and RF districts mayr mitigate upt to 50 percent oft ther required on-sitep parkingt througha ana approved mitigation plana asp providedi ins subsection (h)(2)a2 of this section. 10), CNsy.teN the C-1,C-4and! RFC districtsn mayuseonsteetparhns: tor meetp parto oft ther required parking, (11) Restoration ofa anhistoriestructureintnech,C4andmidirdhaucsmyregustwalhverolupto.100p percent ofr required on-site. parking nott toe exceedeightspaces. DecumematonthartesteuetrwNdsaNerisouphquallesa asa ank historic sawsasposcasinmssuwt-awamdhahnhadmpuela: permit (12) Newo development ona as singlel lot (30f feet by8 80f feet) within the C-1,0 C-4a and RFC districts may mitigate up to1 100 percent ofp parking (13) All proposed development withint the C-1 and C-40 districts shall bee encouragedt tol locate allo onsite parking at the rear oft the proposed development tor meet on-siter requirements. Developments thate encumberi five orr morel lotss shall ber requiredt to incorporate parkinga att ther rear. Shared use agreements witha adjacent property owners ise encouraged tor reduce curb cuts for () Endangered, threatened, ors species ofs special concern's! habitats and nestinga areas shall not bea altered or disturbed. Appropriate  eacht twot tables fors service, plus onef fore each four stools att thes service counter.  plan approval.  additionals spaces as determined! byt the planning: and zoning! board.  section.  minimum of1 18f feeti inv width.  maintained ina accordance with thet following requirements:  effectively screenedv with! landscaping, fence, wall or other approvedr materials. ands safel loading oru unloadinga and parking ands storage ofvehicles.  safetyl hazards. development permit can! bei issued.  street, alley, sidewalk orp publicv wayo during! loading, unloadingo or servicing operations.  This provision does applyt to otherz zoning districts. standardasprovidedi mtsdemoaatmisten  application. not toe exceed eight spaces.  parkinga access.    APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: September 3, 2024  SUBJECT:  Sylvester Williams Park Lease with Franklin County  AGENDA INFORMATION: Item Number: Department: Contact: Presenter:  Agenda Location: Unfinished Business  1 Administration Travis' Wade/Dan Hartman Travis' Wade/Dan Hartman  BRIEF SUMMARY: Attached is the lease agreement for Sylvester Williams Park for the  Commission's review and approval.  RECOMMENDED MOTION AND REQUESTED ACTIONS: Motion to approve  FUNDINGS SOURCE: N/A  ATTACHMENTS: Lease Agreement  STAFF'S COMMENTS AND RECOMMENDATIONS:    LEASE AGREEMENT  This LEASE AGREEMENT was entered into on  2024, ("Effective Date")  between the CITY OF APALACHICOLA, a Florida Municipality, having its principal place of business at 192 Coach Wagoner Blvd, Apalachicola, Florida 32320, ("Lessor"), and Franklin County, a political subdivision of the State of Florida, having its principal place oft business at That Lessor, for and in consideration of Franklin County's management, maintenance, improvement and expansion of Sylvester Williams Park, as determined solely by Franklin County, doesl hereby lease and demise to Lessee, andLessee does] hereby leasefrom Lessor, the areas herein described situated in Apalachicola, Florida, upon the following terms and conditions:  33 Market Street, Suite 203, Apalachicola, FL 32320('Lessee").  1.  DESCRIPTION OF LEASED AREAS  Sylvester Williams Park -1 parcel identification number 010S0SV-s30A093DI0 and 01-  95.08W.8.7-.00.0020  2.  USE BY LESSEE OF THE PREMISES  The Premises shall be used by Lessee for all lawful public park purposes.  3.  OCCUPANCY  This provision. left intentionally blank. RENT and TERM  4.  Franklin Comysmmgmemmaintmaes.mpovcemsent and expansion of Sylvester Williams  Park, as determined.solely by Franklin County, in lieu ofi rent. This lease shall expire on December31,2075.  5.  SECURITY DEPOSIT No security deposit shall bérequired. QUIET ENJOYMENT  6.  Provided that Lessee complies with all ofitso obligations under this Lease, Lessor shall not interfere with the peaceful and quiet occupation and enjoyment oft the Premises by Lessee during the term.  7.  CONDITION OF PREMISES  The Premises are leased to Lessee in their present physical condition and state oft title (including, without limitation, matters of survey and zoning, building and other laws, regulations and    restrictions now and hereafter in effect), and Lessor makes no representation or warranty with  respect thereto. 8.  ADDITIONAL OBLIGATIONS OF LESSEE  This provision intentionally left blank.  9.  RIGHTS OF INGRESS AND EGRESS AND MOVEMENT OF MATERIALS Lessor agrees to make available to Lessee rights of ingress to and egréss from the Premises by  driveway and parking lot on the property.  10. EASEMENTS  N/A  11. REAL ESTATE TAX. ASSESSMENT APPEALS  N/A  12. WAIVER OF SUBROGATION RIGHTS  N/A  13. MAINTENANCE; UTILITIES  During the term of this Lease, Lessee shall keep and.maintain the Premises in as good order and  repair as they are on'the date of occupancy, reasonable wear and tear excepted.  14. LESSOR'S RIGHT OFINSPEÇTION  Lessorshall have the right, at any timé during reasonable business hours.  15. ENVIRONMENTAL REQUIREMENTS  N/A  16. INDEMNIFICATION BY LESSEE OF LESSOR  This provision intentionally left blank.  17. LIABILITY INSURANCE FOR: LESSOR  N/A  2    18. ALTERATIONS AND ADDITIONS Lessee may make alterations or additions to the Premises. 19. SURRENDER AND REMOVAL AT END OF TERM  Upon expiration or earlier termination of this Lease for any reason whatever, Lessee shall surrender the Premises, including all improvements thereto, and all plumbing, electrical, heating, air conditioning and other equipment and all fixtures affixed to the premises, in good repair and condition, reasonable wear and tear excepted, broom clean and free of Dessee's removable property. IfLessee shall fail to remove its property, or any part thereof, within sixty (60) days after such termination, Lessor shall have the right to remove and disposeoft the same, and make  any repairs caused by such removal, at the expense ofLessee As stated above, all improvements made to the expiration of the lease and shall become the property ofthe City,  -  -  Premises by the Lessee shall remain upon  20. DAMAGE OR DESTRUCTION BY FIRE OROTHER CASUALTY  In the event the Premises is destroyed by fire or other casualty oI damaged by such cause to the extent that the Premises are not rebuilt or restored, then this Leaseshall terminate as ofthirty (30)  days after the date of destruction. 21. CONDEMNATION  N/A  22. TERMINATIONFATTORNEYS FEES Each party shall pay their own attorney fees and costs. 23. LESSORSSTATUTORYRICHTS  Nothing herein contained shall restrict or limit any rights or remedies which Lessor has or shall  have under thelaws oft the State ofFlorida now or hereafter: in effect.  24. NOTICES  Any notice which may be required or permitted to be given under any provisions of this Lease shall be deemed to have been effectively given and received upon deposit in the United States  registered or certified mail, postage prepaid, and e-mail addressed as follows:  Iftol Lessee Franklin County 33 Market Street, Suite 203  3    Apalachicola, F132320 With Copy to: Thomas M. Shuler, Esquire 34 4th Street Apalachicola, Florida 32320 msanuter@snuletawi.com IftoLessor: City of Apalachicola 192 Coach Wagoner Blvd. Apalachicola, Florida 32320 E-MAIL -1 wade/Qcityotapalachicola.com  With Copy to: Daniel W. Hartman, Esquire PO Box 10910 Tallahassee, FL: 32301 dan@HLiegaleam.om  Either party may change its address for purposes ofthis provision by giving written notice ofs such  change in the manner above provided.  25. LIENS N/A  26. ASICMARITASUBIRASING  This lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and'assigns, but Lessee shalll have no right to assign this] Lease or to: sublet thel Premises, ora any part thercof, either voluntarily or by operation of law, without the prior written consent of  Lessor.  27. FORCE MAJEURE  Neither Lessor nor Lessee shall be responsible for delay or failure of performance of any ofits obligations under this Lease caused in whole or in part by: Acts of God, wars, riots, fires, explosions, breakdowns or accidents; strikes, lockouts or other labor difficulties; lack or shortages of labor, materials, utilities, energy sources, compliance with governmental rules, regulations or other governmental requirements; any other like causes; or any other unlike causes beyond the  4    control of the party whose performance is affected thereby. The foregoing shall be in addition to and not in limitation of any excuses fornonperformance available to the party whose performance isa affected under any applicable law. The party whose performance is sO affected shall make all reasonable efforts to remove such disability as soon as possible, except for labor disputes which  shall be: solely within such party's discretion.  28. INTEGRATION  This Lease sets forth the entire agreement and understanding between the parties as to the: subject matter ofthis Lease and any and all priord oro contemporaneous proposalsymegotiations, agreements, commitments and representations, oral or written, are merged herein, This Lease may not be modified or amended except by means ofa a writing duly executed by theparties subsequent to the  date hereof which states that it is intended to amend this Lease.  29. MISCELLANEOUS  Each provision hereof shall be separate and independent and ifany provision hereof or the application thereofto any person or circumstance shall toany extent be invalid or unenforceable, the remaining provisions hereof, or the application of such provision to persons or circumstances other than those as to which iti is invalid or unenforceable, as the case may be, shall not be affected thereby, and each provision hereof: shall be valid and shall be enforcedto the extent permitted by law. All provisions contained in this Leaseshall bel binding upon, injure to the benefit of and be enforceable by, the respective successors and'assigns ofLèssor and Lessee to the same extent as ifeach such successor and assign were named as aj party hereto. No waiver ofa any provision hereof shall be deemed a waiver ofany other provisionhereof or of any subsequent breach of the same  ora any other provision. 30. CAPTIONS  A  < -  The captions set forth at the beginning of each of the numbered paragraphs of this Lease are  intended for! purposes ofreference Only and are ofno legal force and effect.  31. FLORIDA LAW.  This lease will-be governed/by the laws of the state of Florida, as to both interpretations and IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first  performance. written above.  [Remainder of page left intentionally blank. Signature page follows]  5    LESSOR:  CilyofApalachicola, al Florida Municipality  By: Travis Wade Its City Manager Dated: July LESSEE:  2024  Franklin County, aj political subdivision ofthe State ofFlorida  By: Ricky D. Jones Its Chairman Dated: July Attest:  2024  By: Michele Maxwéll, Clèrk ofÇourts  6    APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: September 3, 2024  SUBJECT:  Floodplain Ordinance 2nd Reading/Adoption (Ordinance 2024-05)  AGENDA INFORMATION: Item Number: Department: Contact: Presenter:  Agenda Location: Unfinished Business  2  Building Department Dan Hartman Dan Hartman  BRIEF SUMMARY: The City participates ini the National Flood Insurance Program (NFIP) and anticipates applying to the NFIP community rating system. In order to maintain eligibility and compliance with the NFIP periodic updates to the City's floodplain management ordinance are necessary. This ordinance provides for the most recent updates required to bring the City into compliance with federal and state floodplain management requirements. (Ordinance 2024-05) RECOMMENDED MOTION AND REQUESTED ACTIONS: Motion to approve and adopt the 2nd  Reading of Floodplain Ordinance 2024-05. FUNDING SOURCE: N/A  ATTACHMENTS: Floodplain Ordinance 2024-05  STAFF'S COMMENTS AND RECOMMENDATIONS: Recommend Approval    ORDINANCE NO. 2024-05  AN ORDINANCE OF THE CITY OF APALCHICOLA, FLORIDA AMENDING ORDINANCE 2013-02 ALSO REFERRED TO AS THE CITY OF APALACHICOLA FLOODPLAIN MANAGEMENT ORDINANCE; PROVIDING FOR AMENDMENT OF TIESUIFARTH,CIAFTER 101, SECTION 101-81 DEINITIONSANDANDAMENDMIENIS TOTHEI FLORIDA BUILDING CODE CHAPTER 107, SECTIONS 107-1,107-4, 107-35, 107--74, 107-75, 107-101, 107-131, 107-132, 107-133, 07-134, 107-156, 107-186, 107-187, 107-251, 107-303, 107-326, 107-359, 107-361, 107-381, 107-472, 107-474, 107-475, and 107-476 AND DELETION OF SECTIONS 107-252, 107-253, 107-254, 107-284, 107-384, 107-35, 107-386, 107-473, 107-474, 107-475, 107-480, 107-- 481, 107-482, 107-483; PROVIDING FORAPPLICABLITYANDSEVERABLIT., ANDI PROVIDING FORAN  EEFECTIVEDATE.  WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare ofi its citizenry; and WHEREAS, the City of Apalachicola participates in thel National Flood Insurance Program and anticipates applying to the NFIP Community Rating System, a voluntary incentive program that recognizes and encourages community floodplain management WHEREAS, in 2020, the NFIP Community Rating System established certain minimum prerequisites for communities to qualify for ori maintain class ratings ofClass 8or WHEREAS, to satisfy the prerequisite and for the City of Apalachicola to obtaina Class 8 or better, all manufactured: homes installed orr replaced ins special flood hazard areas must be elevatedt to or above at least the basei flood elevation plus 1 foot, which necessitates WHEREAS, the City of Apalachicola determined thati iti is ini the public interest to amend the floodplain management regulations to better protect manufactured homes and to WHEREAS, Chapter 553, Florida Statutes, allows for local administrative and technical amendments tot the Florida Building Codet that provide for mores stringent requirements than those specified int the Code and allows adoption of local administrative andl local technical amendments tot the Floridal Building Codet toi implement the National Flood) Insurance Program andi incentives;  activities that exceed the minimum program requirements; and  better; and  modification of the existing requirements; and  qualify to participate in the CRS at a Class 8 or better; and  and  1    WHEREAS, the CityofApalachicola isr reformatting: and amending aj previously adopted local amendment tor require accumulation ofcosts ofi improvements: andi repairs ofbuildings, based oni issued building permits, over a? 21-year period for buildings ands structures ini flood! hazarda areas for the purpose of participating in the National Flood Insurance Program's Community Rating System and, pursuant tos section 553.73(5), F.S., is formatting that requirement to coordinate with NOW,THEREFORE, BEI IT ORDAINED byt the City Commission oft the City of Apalachicola that Ordinance 2013-02 is amended as set forthi int the following amendments, ass showni ins strikethreugh and underline all intervening language that remains unchanged is  the Florida Building Code; and  indicated by *.. * format inl Exhibit "A." SECTION1 1. AMENDMENTS SECTION3. APPLICABILITY.  Amendments to Chapter 101 and 107 are as shown in] Exhibit' A" attached hereto. For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Apalachicola. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective SECTION 4.1 INCLUSION INTO THE CODE OF ORDINANCES. Itist thei intent ofthe City of Apalachicola that the provisions ofthis ordinance shall become and be made a part of the Apalachicola Code of Ordinances and that the sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to Ifanys section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional ori invalid, such decision shall not affect the validity oft the ordinance as a whole, or any part thereof, other than the parts SO declared. This ordinance shall take effect upon adoption anda any required State approval.  date oft this ordinance.  accomplish suchi intentions. SECTION5. SEVERABILITY.  SECTION 6.1 EFFECTIVE DATE.  2    PASSED! FIRST READING ON: PASSED: SECOND READING ON:  CIYOFATALACHICOLA Brenda Ash, Mayor  BY:  ATTEST: SHENEIDRA CUMMINGS CITYCLERK  3    EXHIBITA  Chapter 101 GENERAL. AND ADMINISTRTIVE! PROVISIONS  APALACHICOLAI LANDI DEVELOPMENT CODE Sec. 101-8. Definitions. meaning:  The following words, terms andp phrases, when usedi int thisl land development code, shall have ther meanings ascribedt tot them int this section, except wheret the context clearly indicates adifferent  Aleration efa walereowrse means a dam, impoundment, channel relecation, change in channel alignment, channelization, or changei ine eress-sectional- area of the channel or the channel capacity,era any-ether forme ofmedifieation- which maye alter, impede, retardeorchange the direction and/ervelocity ofthe-riverine flow of water during cenditions oft thel base floed.  Appeal means ai request for ar review oft the city'si interpretation of any provisions ofthis Code Ceastal CONSEFWCHOH centrel Hine means the line established by the state pursuant to FSS 161.053, and recerded in the official recerdsefthe communiywhich- defines that portion efthe beache dunesystem subjectt tos severef taaaee sterm surge,sterm waves-er Coastal high hazard area means the area below the elevation of the category 1 storm surge line as established by a sea, lake, and overland surges from hurricanes (SLOSH) computerized Coastal high hazard areai means. for ther purposes of Chapter 107. as special flood! hazard area extending from offshore to thei inland limit ofar primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areass subject tol high velocity wave action" or" "V Zones" and are designated on] Flood] Insurance Rate Maps (FIRM) as Zone V1-V30. VE.orV.  erar request foravarianee.  other predictable weather cenditions: storm surge model.    Development means. for the purpose of Chapter 107. any manmade change toi improved or unimprovedi real estate, including, but not limitedto. buildings or others structures. tanks. temporary structures, temporary or permanent storage of equipment or materials. mining, dredging, filling, grading.paving. excavations. drilling operations or any other land disturbing activities.  Enerogehment means the placement of Fill, exeavation, buildings, permanent struetures OF etherdevelepmentintealedheaderehchmayimpesdeeraler-he-low-wapaeityefiverine  floed! hazard-areas:  Existing marfaettred home park OH Stbdivisien means a manufaetured heme parker subdivisien for whicht the construction off facilities fors servieing thel lotse on whicht the manufactured homes are te be aflixed (including, at ai minimum, the installation oft utilities, the construction of streets, and either final site grading ort the pouring ofconerete pads)i is completed before July18 Expansion to an existing manfaetred home park OF Stbdivision means the preparation- of additional sites by the construetion of facilities for servieing the lets en whicht the manufactured homese aret to-be aflied(ineluding thei insialationofutilitieshesemssiemefsieis:andeither:  1983:  final site grading or the pouingofsoneeiepad:  Flood harard-boundary mapf FFHBM means an official map ofa community, issued by the Federal Emergeney Management Ageneys-where- the beundaries of the areas of special fleod Flood insurance rate map (FIRM) means the official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas andt the Flood insurance study (FIS) means the official report provided by the Federal Emergency Management. Agency that contains the floodi insurance rate map, the flood! boundary and floodway map (ifapplicable), the water surface elevation oft the base flood, and supporting technical data. Floodplain administrator means the office or position designated and charged with the administration and enforcement of Chapter 107 hischapter (may be referred to ast the floodplain Floodplain development, permit or approval means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance  hazard havet been defined.  risk premium zones applicable tot the community.  manager).  5    ofspecific development: activities that are located inf flood hazard areas and that are determined to Fleedyey means the damsiefewaeeseanA portions eftheadjoining fleedplain-whieh yedaew means ane Eigmpsefleimpastihipopaet eneroachment into a floodway is expeeted to have on the floodway boundaries and base flood elevation; the evaluation shall be preparedly-aqalifiesiate-licemsed- engineer using standard  be compliant with Chapter 107 this-chapter.  are rensemably-required: te earry and diseharge the regulatery floed  engineering metheds and medels.  Lowest foor means. for the purposes of Chapter 107. thel lowest floor oft the lowest enclosed area ofab building ors structure. including basement. but excluding any unfinished or flood-resistant enclosure. other than a basement. usable solely for vehicle parking, building access or limited storage. provided that such enclosure is not builts SO as to render the structure in violation ofthe  non-elevation requirements oft the Florida Building Code or ASCE24.  Market value means the price at whicha aj property will change hands between a willing buyer anda awilling seller, neither party being under compulsion tob buy ors sella andb bothl having reasonable knowledge ofr relevant facts. As used in Chapter 107 this chapter, the term' "market value" refers tot the market value ofbuildings and: structures, excluding thel land and other improvements ont the parcel. Market value may be established by-a-qualified independent appraiser isthe actual cash value (in-kind replacement cost depreciated for age, wear and tear. neglect, and quality of construction) deteminedbyagulifedi independent: appraiser, or tax assessment value adjustedt to approximate market value by a factor provided by the county property appraiser.  New construction, for the purposes of administration of Chapter 107 this-chapter and the flood-resistant construction: requirements ofthel Floridal Building Code, means structures for which the start of construction commenced on or after July 18, 1983 and includes any subsequent New mamafehredhomeperkersmbelvision meanse a manufeharedhomer parkersubdivisien forwhicht the construction oft facilities for servieing thel Hots en whicht the manufaetured hemes are tot be affixed (ineluding, atai minimum, thei installation ofu utilities, the construetion ofstreets, and either final siegradingorthes powringafcemseiepnd)iscompeedon Or afer-)uly-18,1983  improvements tos such structures.  6    Start ofo construction means thec date ofi issuance ofpermits for new construction: ands substantial improvements toe existing structures, provided the actual start ofc construction, repair, reconstruction, rehabilitation, addition, placement, or otheri improvement isv within 180 days oft the date oft thei issuance. The actual start ofc construction means eithert thef first placement ofp permanent construction ofa a building (including a manufactured home) ona as site, such as thep pouring ofs slabs orf footings, thei installation of piles, ort thec construction of columns. Permanent construction does noti includel land preparation (sucha as clearing, grading, orf filling), thei installation ofs streets orv walkways, excavation fora al basement, footings, piers, orf foundations, thee erection of temporary forms ort thei installation ofa accessory buildings such as garages ors sheds noto occupied as dwelling units or notp part oft the main buildings. Fora as substantial improvement, the: actual start ofc construction means thef firsta alteration ofa any wall, ceiling, floor or other structural part ofal building, whether orr nott that alteration affects thee external dimensions oft thel building. Substantial improvementr means any combination of repair, reconstruction, rehabilitation, alteration, addition, or otheri improvement ofab building ors structure, taking place during a one-year ten-year period, the cumulative cost of which equals or exceeds 50 percent oft the market value oft thet building or structure before thei improvement orr repairi is started. For each building ors structure, the one-yeart ten-year period begins ont the date oft thet firsti improvement or repair of that! building ors structure: subsequent to1 1993.1f thes structure! hasi incurreds substantial damage, any repairs are considered: substantial improvement regardless oft thea actual repair work performed. Thet term" 'substantial improvement" does not, however, (1) Any project fori improvement ofal building requiredt to correct existing health, sanitary, ors safety code violations identified by the building official and thata are the minimum necessary to ensure Any alteration of an historic structure, provided the alteration will not preclude the structure's Watercoufse means a river, creek, sieam.chammelorolaeertopgeplc.suealurein:en-teugh-e:  include either:  safel livingo conditions; or continued designationa as an! historic structure.  overwhich water flows atleast periodically.  Chapter 107- FLOODS ARTICLEL- ING GENERAL DIVISION 1.- GENERALLY Sec. 107-1.-1 Established.  (a) TheLegislature ofthe State ofFloridal has, inF.S. ch. 166, conferredi uponl local governments the authority to adopt regulations designed toj promote the public health, safety, and general welfare of its citizenry; and the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries oft the city and such areas may bes subject to  7    periodic inundation which may resulti in loss ofl life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the (b) Thec city was accepted forj participation int thel National Flood] Insurance Program on. July 18, 1983 andt the city commission desires to continue tor meet the requirements of44 CFR 59 and (c) F.S. ch. 553 was adopted by thel Floridal Legislature toj providea a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, (d) F.S.S553.73(5): allows adoption ofl local administrative amendments tot thel Floridal Building (€) Reserved. The eity commission- is adepting a requirement te limit the size ofenelesures belew elevated dwellings to no mere than 299 square feet for buildings and struetures in ceastal high hazard areas (V zenes) for the purpese of participating in the National Fleed Insuranee Program's Community Rating System and, pursuant te FS-S-553-7361s formatting that requirement to coordinate with the Floridal BuildingCede () The city commission is adopting a requirement to require the accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a ten-year iveone-year period fort the purpose of participating int thel National Flood] Insurancel Program's Community Rating System and, pursuant tol F.S. 553.73(5), is formatting that requirement to (g) The city commission has determined that it is in the public interest to adopt the proposed floodplain managementi regulations that are coordinated with the Floridal Building Code.  public health, safety and general welfare. 60, necessary for such participation. calledt thel Floridal Building Code.  Codet toi implement thel National Flood Insurancel Program.  coordinate with thel Floridal Building Code.  (LDC, art. XVI, intro $ Ord. No. 2013-02, $1,8-6-2013)  Sec. 107-2.-Title. (LDC, art. XVI,S2(101.1) Sec. 107-3.- Scope. (LDC, art. XVI,$2(101.2) Sec. 107-4.- Intent.  The purposes oft this chapter and the flood load andi flood-resistant construction requirements ofthe! Floridal Building Code: aret toe establish minimumi requirements tos safeguard thep publichealth,  8    safety, and general welfare and to minimize public and private losses due to flooding through (I) Minimize unnecessary disruption of commerce, access and public service during times (2) Require the use of appropriate construction practices in order to prevent or minimize (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood (4) Manage the alteration of flood hazard areas, watereourses; and shorelines to minimize thei impact of development ont the natural and beneficial functions oft the floodplain; Minimize damage toj public and private facilities and utilities; (6) Helpr maintaina as stable tax basel by providing fort thes sound use ando development off flood Minimize the needf for future expenditure of public funds for flood control projects and (8) Meet the requirements of the National Flood Insurance Program for community  regulation of developmenti in flood! hazard areas to:  off flooding; future flood damage; damage or erosion potential;  hazard areas;  response to and recovery from floode events; and participation as set forthi int the 44CFR59.22. Sec. 107-5.- Coordination with thel Florida Building Code.  (LDC, art. XVI,S2(101.3)  (LDC, art. XVI,S2(101.4)) Sec. 107-6.- Warning. (LDC, art. XVI,$2(101.5) Sec. 107-7.-1 Disclaimer ofl liability. (LDC, art. XVI,$2(101.6) Secs. 107-8--107-32.- Reserved. DVBON2-APLCABLITY    Sec. 107-33.-C Generally. (LDC, art. XVI,$2(102.1)  Sec. 107-34.- Areas to which this chapter applies.  (LDC, art. XVI,S2(102.2))  Sec. 107-35.-1 Basis for establishing flood hazard areas.  The Flood] Insurance Study for Franklin County, Florida and Incorporated. Areas, dated June 17,2002 October 10.2024, and all subsequent amendments and revisions, and the accompanying floodi insurance rate maps (FIRMs), and all subsequent amendments and revisions tos such maps, are adopted by reference as a part of this chapter and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at  the planning and building department. (LDC, art. XVI,$2(102.3))  Sec. 107-36.- Submission ofa additional data toe establishi flood! hazard areas.  (LDC, art. XVL,$2(102.3.1) Sec. 107-37.- Other laws. (LDC, art. XVI,$2(102.4))  Sec. 107-38.- Abrogation and greater restrictions.  (LDC, art. XVI,$2(102.5) Sec. 107-39. Interpretation. (LDC, art. XVI,$2(102.6)  10    Secs. 107-40--107-66.- Reserved. Sec. 107-67.-1 Designation.  DIVISION3.-DUTIES ANDI POWERS OF THE FLOODPLAIN ADMINISTRATOR The zoning. administrator is designated. as the floodplain administrator.. The floodplain administrator may delegate performance of certain duties to othere employees.  Commented [RQ1): 7/25/24:whyi isn'tt thisc ones shown  (LDC, art. XVI,S2(103.1) Sec. 107-68. -General. (LDC, art. XVI,$2(103.2) Sec. 107-69.- Applications and permits. (LDC, art. XVI,S2(103.3)  Sec. 107-70.-S Substantial improvement: ands substantial damage determinations.  (LDC, art. XVI,S2(103.4) Code.  Sec. 107-71.- Modifications of the strict application oft the requirements oft the Florida Building  (LDC, art. XVI,S2(103.5)) Sec. 107-72. Notices and orders. (LDC, art. XVI,$2(103.6) Sec. 107-73.-1 Inspections. (DC,aL.xVLs2403.7)  11    Sec. 107-74.- Other duties oft the floodplain administrator.  Thef floodplain administrator shall! have other duties, including, but not limited to: (I) Establish, in coordination with the building official, procedures for administering and documenting determinations of substantial improvement and substantial damage made (2) Reserved. Require thate applieants propesing alteratione ofawatercourse notify-adjaeent communities and the state division of emergeney management, state foedplain management office, and submit copies-e of such notifications- to the Federal Emergeney 3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit tol FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, or flood hazard area  such: submissions shall be made withins six months of such datal becoming available; (4) Review required design certifications and documentation ofelevations specified by this chapter and the Florida Building Code to determine that such certifications and Notify the Federal Emergency Management. Agency whent the corporate boundaries of (6) Advise applicants for new buildings and: structures, including substantial improvements, that arel locatedi ina any unit oft the coastal barrier resources system established by 16USC 3501 et seq. that federal flood insurance is not available on such construction; areas subject to this limitation arei identified on floodi insurance rate maps as' "coastal barrier  pursuant tos section 107-70; AEAENSMAN  documentations: are complete; the city are modified; and  resource: system areas" and' "otherwise protected areas."  (LDC, art. XVI,S2(103.8) Sec. 107-75.-1 Floodplain management records.  Regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood- resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of map change; records ofi issuance of! permits and denial of permits; determinations ofv whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation ofe elevations specified byt the Florida Building Code and this chapter; notifications- te adjacent communities, FEMA, and the state relatedte alterations efwatercourses: assurances that the Heod-carrying eapaeity-eFaltered watercourses will be maintained; documentation related to appeals and variances, including. justification for issuance or denial; andi records of enforcement: actionst taken pursuant tot this chapter andt the flood- resistant constructioni requirements oft the Floridal Building Code." These records shall be available forp public inspection att the Franklin County Planning andl Building Department, 341 Forbes Street,  Suite 1, Apalachicola, Florida.  12    (LDC, art. XVI,$2(103.9) Secs. 107-76--107-93.- Reserved. DIVISION 4.- PERMITS Sec. 107-94.- Permits required. (LDC, art. XVI,$2(104.1)  Sec. 107-95.- Floodplain development permits or approvals.  (LDC, a1t.XVI,52404.2)  Sec. 107-96.- Buildings, structures and facilities exempt from the Florida Building Code.  (LDC, art. XVI,920104.2.1)  Sec, 107-97.- Application for a permit or approval.  (LDC, art.XVL,52004.3) Sec. 107-98.-Validity of permit or approval. (LDC, art. XV1,S2(104.4)) Sec. 107-99.- Expiration. (LDC, art. XVI,$2(104.5) Sec. 107-100. Suspension or revocation. (DG,a.xVL2019)  13    Sec. 107-101.- Other permits required.  Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted (I) Thel Northwest Florida Water Management District; F.S. $373.036. (2) State department of health for onsite sewage treatment and disposal systems; F.S. S (3)Reserved. pee. pretectionf forconstruction, recenstruetion; changes, OF physieal aetivities for shore protection- or other activities seaward of the (4) State department of environmental protection for activities subject to the joint coastal (5) State department of environmental protection for activities that affect wetlands and alter surface water flows, inc conjunction with thel U.S. Army Corps ofl Engineers; section 404  development, including, but not limitedt to, the following:  381.0065, and] F.A.C. ch. 64E-6.  coastal construction centrel line; FS-$161141  permit; F.S. $1 161.055. oft the Clean Water Act. (6) Federal permits and approvals. (LDC, art. XVI,$2(104.7) Secs. 107-102--107-130. Reserved.  DIVISION5.- SITEI PLANS AND CONSTRUCTION DOCUMENTS Sec. 107-131. - Information for development inf flood hazard areas.  (a) Thes site plan or construction documents for any development subject tot the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed (I) Delineation. of flood hazard areas, floedway boundaries and flood zones, base flood elevation, and ground elevations ifnecessary for review oft the proposed development. (2) Where base flood elevations erfleedway data are not included on the FIRM ori int the floodi insurance study, they shall bec established in accordance withs section 107-132(2)c or (3) Where the parcel on which the proposed development will take place willl have more than 501 lots ori is larger than five acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located  development:  (3).  accordance with: section 107-132(1). landward oft the reach ofr mean hight tide.  14    (5) Location, extent, amount, and proposed final grades of any filling, grading, or (6) Where the placement of fill is proposed, the amount, type, and: source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended (7) Delineation oft the ceastal construction- centrel line oF netation that the-siteis-seaward (7)68) Extent of any proposed alteration ofs sand dunes or mangrove stands, provided such alteration isa approved! by the state department ofenvironmental, protection. (9) Existinga pepatNdew prepesed alteratione ofas watercourse. (b) Thef floodplain: administrator: isa authorizedt tov waivet thes submission ofs site plans, construction documents, and other data that are required by this chapter but that are not required to be prepared by a registered design professional ifit is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain  excavation. purpose.  ofthee ceastale construction contrel line, ifapplicable.  compliance with this chapter. (LDC, art. XVI,$2(105.).  Sec. 107-132.-1 Information: inf floodl hazard areas without base floode elevations (approximate. Zone Where flood hazard areas are delineated ont thel FIRM and basé flood elevation data have not (I) Require the applicant toi include base flood elevation dataj prepared in accordance with (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from ai federal or state agency or other source or require the applicant to obtain and use base flood elevation and fleedway data available from a federal or state agency Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or Require the applicant to include base flood elevation data prepared in accordance Specify that the base flood elevation is two feet abovet the highest adjacent grade at the location of the development, provided there is no evidence indicating flood (4) Where the base flood elevation data are to be used to support al letter of map change from FEMA, advise the applicant that the analyses shall be prepared bya a state-licensed  A).  been provided, the floodplain administrator shall: currently accepted engineering practices.  or other source.  technically incorrect or otherwise inadequate: with currently accepted engineering practices; or depths have been or may be greater than two feet.  15    engineer in a format required by FEMA, and that it shall be the responsibility of the applicant tos satisfy the submittal requirements and pay the processing fees.  (LDC, art. XVI,$2(105.2))  Sec. 107-133.  Additional analyses and certifications.  For activities that propose to alters sand dunes or mangrove: standsi inc coastal highl hazard areas (Zone V). an engineering analysis that demonstrates that the proposed alteration will not increase the potential forf flood damagel shall be prepared and As applieable tot the Hocation and nature-ef thep Prepesedevelepment aetivityandins additiontet the piemensoflisswn, theapplicant shall havet the follewing analyses signed and sealed by a state-licensed engineer for submission ) Foré development activities prepesedtet bel Hoeatedineregwiatery floodway,af fleodway enereachment analysis that demonstrates that the enereachment- of the propesed develepment will net eause any inerease in base floed elevations; where the applicant proposes tot undertake development activities that dei increase base floode elevations, the applieant shall submit such analysis to FEMA as specified-in-s section 107-134-and shal! submit the conditional letterofmap revisien-ifissued HMA-A-aerw (2) For development activities propesed to be lecated in a1 riverine floed hazard area for which base fleode elevations arei ineludedint the floodi isuranee study ore ent thel FIRM and floodways-haver net been designated, hydrelegie and! hydraulie analyses that demonstrate that the cumulative- effeet oft the prepesed develepment, when cembined with all ether existing and anticipated fleed! hazarde area enerenehments; will neti inerease the base fleed elevation meret than ene foot at anyi point within the community- This requirement dees net apply ini iselated fleed hazard areas not conneeted to ariverine flood hazard area or (3) Fer alteration- ofa watercourse, an engineering analysis prepared in accordanee- with standarde engineering practices which demonstrates thatt the fleod-earryinge capaeity-ofthe alterede OF relecated portione oft the watercourse will notl be decreased, and certification that the altered watercourse- shall be maintained in a manner which preserves the channel's floed-earrying eapacity the applieant shall submit the analysis 10-FEMA-as specifiedin (4) Foractivities that propose to alters sande dunes oF mangroves stands in ceastall high-hazard areas (Zone V) an engineering analysis that demonstrates that the prepesed alteration  with the site plan and construction documents.  construction decuments:  inf flood! hazard areasi identified as Zone AOerZOneAH  section 107-134.  will noti increaset the potential for floed damage.  (LDC, art. XVI,S2(105.3) Sec. 107-134. - Submission ofa additional data.  When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right tos seek al letter ofmap change from FEMA to change the base floode elevationsehange Poedway-bondaries or change  16    boundaries of flood hazard areas shown on FIRMS, and to submit such data tol FEMA for such purposes. The analyses shall be prepared by a state-licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall bet the responsibility oft the applicant.  (LDC, art. XVI,$2(105.4) Secs. 075-1051-Rened DIVSIONG-INSPECTIONS Sec. 107-152.-General. (LDC, art. XVI,$2(106.1)  Sec. 107-153.- Development other than buildings ands structures.  (LDC, art. XVI,$2(106.1.1)  Sec. 107-154.- Buildings, structures and facilities exempt from the Florida Building Code.  (LDC, art. XV1,92(106.1.2) floori inspection.  Sec. 107-155.- Buildings, structures and facilities exempt from the Florida Building Code; lowest  (LDC, art. XVL,92(106.1.2.1), inspection.  Sec. 107-156.- Buildings, structures and facilities exempt from the Florida Building Code; final As part of the final inspection, the owner or owner's authorized agent shall submit to the floodplain administrator: ai final certification ofe elevation oft thel lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and  documentations. shall be prepared as specified ins section 107-155 101.  (LDC, A.XV1,$2106122)  17    Sec. 107-157.- Manufactured: homes. (LDC, art. XVI,92(106.1.3) Secs. 107-158-107-182.- -Reserved. DIVSION7.-VARLANCES AND APPEALS Sec. 107-183.- General. (LDC, art. XVI,92(107.1) Sec. 107-184.-A Appeals. CDG,.xv1,s2(072)  Sec. 107-185.-Limitations: on authority to grant variances.  (LDC, art. XVI,S2(107.3)  Sec. 107-186. - Reserved. Restrictions in feedways:  Avarianee-shall not bei issued for any propesed develepment ina af fleedwayi ifany inereasei in base floed elevations would result, as evidenced by the applicable- analyses and certifications  pisdinsi.07-33 (LDC, art. XV1,92(107.3.1) Sec. 107-187.- Historic buildings.  A variance is authorized to be issued for the repair, improvement, or rehabilitation of an historic building that is determined eligible for the exception to the flood-resistant construction requirements oft thel Florida Building Code, Existing Building, chapter 12H, Historic Buildings, upon ad determination that thej proposed repair, improvement, orr rehabilitation" will not preclude the building's continued designation: as an! historic building andt the variance ist the minimum: necessary to preserve the historic character and design of the building. Ift the proposed work precludes the building's continued designation as an historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of  the Florida Building Code.  18    (LDC,a art. XVI,$2(107.4) Sec. 107-188.- Functionally-dependent uses. (LDC, art. XVI,$2(107.5)  Sec. 107-189.- - Considerations for issuance of variances.  (LDC, art. XVI,$2(107.6)  Sec. 107-190.-Conditions: fori issuance of variances.  (LDC, art. XVI,S2(107.7) Secs. 107-191--107-218. -Reserved. DIVISION8.- VIOLATIONS Sec. 107-219.- Violations. (LDC, art. XVI,$2(108.1) Sec. 107-220.-A Authority. (LDC, art. XVI,$2(108.2)) Sec. 107-221.-Unlawful continuance. (LDC, art. XVI,S2(108.3) Secs. 107-222--107-250. - Reserved. ARTICLEIL.- TERMS:SCOPE DEFINITIONS DHVISION--GENERALLY  19    Sec. 107-251.- Scope. Code shewnint thiss sectien. ASCE24 Base flood Base flood elevation Basement Coastal high! hazard area Design flood Design floode elevation Development Existing building and existing structure Federal Emergency Management Agency Flood Flood damage-resistant materials Flood hazard area Flood Insurance Rate Map(FIRM) Flood Insurance Study_(FIS) Floodplain administrator Floodplain development permit or approval Florida Building Code Functionally dependent use Highest adjacent grade History structure Letter of Map Change Light-duty truck Lowest floor Manufactured home Manufactured home park or subdivision Market value Parkt trailer Recreational vehicle Sand dunes Special flood! hazard area Start ofc construction Substantial damage Substantial improvement  (IUnless otherwise expressly stated, the following words and terms shall, for the purposes oft this chapter, have the meanings defined in Chapter 101. Section 101.8ort the Florida Building (2)Terms used int this chapter and defined in Chapter 101, Section 101.8. include:  20    DC,#X4200)  Se-107-252--Temms. definedin the Floridal Building Code terms shall havet ther meaningsa aseribedte-them int that code:  Where-terms are nete definedi in this chapter and are-definedint eFana-aMinCwks  D,m-4,2002) See. 107-253.Terms: net defined. D4,8#Xw,200) Sees.1 107-254 107-283--Reserved: DMBONI-IMEDEND See. 07-284--Delinitions:  Where-t terms are not defined in this chaptere ert the Florida Building Cede, such terms shal!  have ordinarily accepted meanings such ast the context implies:  Thef follewing werds, terms and phrases, whent used int this divisien, shall havet the meanings aseribed to themi int this seetion, exeept where the centext elearly-indiestesadisadiferentmeaning Appealt means a request for a-review oft the fleedplain administrater's interpretation ofany Develepment means any manmade change toi impreved OF unimpreved real estate, ineluding; but not limited to, buildings Or ether structures, tanks, temporary structures, temporary OF permanent storage of equipment er materials, mining, dredging, line-gding-pavine Floeder) feeding means ageneral andt temporary conéitioofpasialersempeeinumdatien (2) Thet unusual and rapidaceumulation OFF Funeltorsurace waters Fent any-seuree: Fleedvay means the channel ofa river er other riverine watercourse and the adjacent land areas that must be reserved in ordert to discharge the base fleed without cumulatively inereasing HistoriesiePe1 means anys structuret thati isdetermined eligible fort theexeeptiont tot the fleed hazard area requirements oft the Flerida Building Code, Existing Building, chapter H, Histerie Lowest foer means the lowest fleor of the lewest enclesed area ofal building OF strueture; including basement, but exeluding any unfinished er fleed-resistant enelesure, ether than-a basement, usable-selely forvehiele-parking. -Sw providedt thats such  prevision ofthis chapter orai request foras variance.  exeavations, drilling operations or any ether land disturbing activities:  ofnormally dry land from:  ) theoverlowotinane: ort tidalwaters: the waters surface elevation moret thane one foet:  Buildings:  21    enclesure is not built se as tot render thes siselureinviolationoflemomelewvationnrequirementisef Rereatiomalvehidle.eansavehele EPAN 2) spe-etetsswiew measured att the largest! herizontal prejeetion; (3) Pedil-freriles permanently towable byal light-duty truck;and (4) Desigmedprimarlymot foruseasepermamenks dwelling! but ast temperaryl livingquarters  thel Floridal Building Cede-erASCE24 (1) Bulitomasingleshssis  aee seasenal use:  DG,#XV2003) Secs. 107-282107285--107-30L.-Reserved. ARTICLE: L.-FLOODARESISTANTDEVELOPMENT DIVISION 1.-) BUILDINGS ANDSTRUCTURES  Sec. 107-302. Design and construction of buildings, structures and facilities exempt from the Pursuant to section 107-96, buildings, structures, and facilities that are exempt from the Floridal Building Code, including substantial improvement or repair ofs substantial damage ofsuch buildings, structures and facilities, shall be designed and constructedi ins accordance with the flood load and flood-resistant construction requirements of ASCE 24. Structures exempt from the Floridal Building Codet that are not walled andi roofed buildings shall comply witht the requirements  Floridal Building Code.  ofarticle MIIVA oft this chapter. (LDC, art. XVI,$2(301.1))  Sec. 107-303. - Floridal Building Codet technical amendment: cumulative substantial improvement Int the Florida Building Code. Building, and Florida Building Code. Existing Building, definitions for the term "Substantial Improvement" shall be as defined in Chapter 101. Section ew-10/03--BHidines and SIRcNeseAwandeFie: coastal construction contrelline. Ifextending, in whole or in part, seaward of the coastal eonstruetion- centrel line and alse (1) Buildings and struetures shall be designed and construeted to comply with thet mere restrietive-e applicable requirements ofthe Flerida Building Code, Buiding:setion3109 and seetion 1612or! Floridal Building Cess  101.8.  located, in whole or in part,in-af fleed hazard area:  22    (2) Minors struetures and non-habitable majers structures, as ndin#S16.a be designed-ande constructed te comply witht thei inentandappheableprewisienselths  ehapterandASCE24 (LDC, art. XVI,$2(301.2)) Secs. 107-304- --107-324. Reserved. DVBON2-SUBDIVSIONS Sec. 107-325.- Minimum requirements. (LDC, art. XVI,$2(302.1) Sec. 107-326. -Subdivision plats.  Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies withina a flood hazard area, the following shall ber required: (1) Delineation of flood hazard areas, Rpeadwa-bomdaies-md flood zones, and design flood elevations, as appropriate, shall be shown onj preliminary plats andf finalplats; Where the subdivision has more than 501 lots ori is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in (3) Compliance with the site improvement and utilities requirements of article IV oft this  accordance with section 107-132(0)107-132; and  chapter. (LDC, art. XVI,S2(302.2)) Secs. 107-327--107-355.- Reserved. Sec. 107-356. Minimum requirements. (LDC, art. XVI,$2(303.1) Sec. 107-357.- Sanitary sewage facilities. (LDC, at.XVL,$2303.2) Sec. 107-358. Waters supply facilities.  ARTICLEIV.-SITE) IMPROVEMENTS, UTILITIES. ANDLIMITATIONS  23    (LDC, art. XVI,$2(303.3)  Sec. 107-359. - Reserved. Limitations ens sitesi inr regulatory floedways:  Ne-development including, butt notl limited to, sitei mprovements, and! land disturbing activity invelving fill er regrading, shall be autherized in the regulatery floodway unless the floodway eneroachment analysis requiredinseetion 407-1336)deOnsaes thatt the proposeddevelopment orlande disturbing activity-will not result in anyi inereasei int thel base fleede elevation.  (LDC, art. XVI,$2(303.4)) Sec. 107-360. -Limitations onj placement off fill.  (LDC, art. XVI,$2(303.5)  Sec. 107-361.-Limitations: ons sitesi inc coastal high hazard areas (Zone V).  Inc coastal high hazard areas, alteration ofs sand dunes andi mangrove stands shall bej permitted only ifsuch alterationi isa approved by the state department ofenvironmental, protection and onlyi if the engineering analysis required bys section. 107-133(4) demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and: structures shall comply with: section 107-4760)107-798).  (LDC, art. XVI, $2(303.6)) Secs. 107-362--107-380. Reserved. ARTICLEV.-MANUFACTURED: HOMES Sec. 107-381. - General.  All manufactured. homes installedi in flood! hazard areas shall be installed by ani installer that isli licensedj pursuant tol F.S. $320.8249, and shall comply witht the requirements ofF.A.C. ch. 15C- land the requirements oft this chapter. IFloeatedseawarde oft the coastale construetion controlline imeméhomeaals comply witht the aatN-.iww requirements:  (LDC, art.2 XV1,92(304.1) Sec. 107-382.-) Foundations.  24    (LDC, art. XVI,$2(304.2) Sec. 107-383.-1 Anchoring. (LDC, art. XVI,$2(304.3) Sec. 107-384.- Elevation.  Manufaetured- homes that are placed, replaced, or substantially impreved shall cemply-with section 107-385-oF 107-386, as applieable. All manufactured homes that are placed. replaced,or substantially improved in flood! hazard areas shall be elevated such that the bottom of the framei is ator above the elevation required. as applicable to the flood hazard area, int the Florida Building Code, Residential: Section R322.2 (Zone A)or Section R322.3 (Zone V and Coastal A Zone).as  applicable. (LDC, art. XVI,$2(304.4)) See. 107-385--Gemeralk elevation requirement  Unlesssubjectet the requirements ofs section 107-386,allm manweluredhomest that are placed; replaced, OFs substemialy-improves- ons sites loeated: (a) eutside ofar manufaetured home park OF subdivision; (b)inanew manufactured! home parke ors subdivision; (e)i in ane expansient te ane existing manufactured home park or subdivisien; Or (d) in an existing manufaetured home park eF subdivisien upon which ai manufaetured home has incurred substantial damage- ast the result ofa floed, shall bee elevated Sucht that the bettom oft the frame is-a at or abovet the elevation required,as applieable te the fleed hazard area, in the Florida Building Code, Residential, section R322.2  one-A)erseetien' R322.3Zeme 4PG8.XV20044) subdivisions:  See. 107-386. Elevation requirement for-certain existing manulactured home parks and Manufaetured homes that are not subjeet tes seetien 107-385,imeluding manifctured-hemes that are placed, replaced, oF substantially impreved on sites lecated ine ane existing manufactured home park er subdivisien, unless en as site where substantial damage as result of fleoding has ) Bettom oft the frameofther manufaetured! home isa at era abeve thee elevation required,as applicable te the floed hazard area, in the Florida Building Code, Residential, section (2) Bettome of the framei iss supported by reinforced pierse or other foumdatiomelmemisefeat least equivalents strength that are net less than 36 inchesi inl heighta abeve-grade.  occurred, shall be elevated such thate either the:  R322.2(Zone A)ors section R322.36 (Zone V;or  G,m-X4,209442)  25    Sec. 107-385107-387.- - Enclosures. flood! hazard area. (LDC, art. XVI,$2(304.5) Sec. 107-386-107-388.-1 Utility equipment.  Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential, section R322 for such enclosed areas, as applicable tot the  Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements oft the Florida Building Code, Residential, section R322, as applicable to the flood  hazard area. (LDC, art. XVI,$2(304.6) Secs. 102382107-389-101419. Reserved. Sec. 107-420.-7 Temporary placement. (LDC, art. XVI,$2(305.I) Sec. 107-421.-Permanent, placement. (LDC, art.XVL,92305.2) Secs. 107-422-107-40.- Reserved. ARTICLE VIL-TANKS Sec. 107-441.-1 Underground tanks. (LDC, art. XVI,$2(306.1))  ARTICLE VL-RECREATIONAL VEHICLES. ANDI PARK TRAILERS  Sec. 107-42-Aboveground tanks, not elevated.  (LDC, art.XVI,$2306.2)  26    Sec. 107-443.-4 Above-groundi tanks, elevated. (LDC, art. XVI,$2(306.3)) Sec. 107-444.-Tank: inlets and vents.  (LDC, art. XVI,$2(306.4)) Secs. 107-445--107-471.- Reserved. ARTICLE' VIII.- OTHER DEVELOPMENT Sec. 107-472.- General requirements for other development.  All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified int this chapter ort thel Florida Building Code, shall: (I) Bel located ando constructed to minimize: flood damage; (2) Meet the limitations ofsection ---- (2)_(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design (4)(5) Haver mechanical, plumbing, and electrical systems abovet the design floode elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions oft the electrical part ofbuilding code for wet locations.  flood;  (3)(4) Be constructed off flood damage-resistant materials; and  (LDC, art. XVI,$2(307.1) See.1 107-473.-1 Fencesi in regulated floedways:  Fences in regulated floedways that have the petential te bleek the passage of floedwaters; such ass steckade fences and wire mesh fences, shall meet the limitations ofsectionl 107-359: See. 107-474--Relaining: walls, sidewalks-and drivewaysin regulated feodways Retaining walls and sidewalks and driveways that invelvet the placement offllin-regulated  (LDC, art. XVL,S2(307.2)  fleedwayss shall meet thel limitations of107-359  27    (LDC, art. XVI,$2(307.3)  See-107-475-- Reads-and watercourse eressigsi int regulated fleedways  Reads and watercourse eressings, ineluding reads, bridges,e culverts, Hlow-water eressings and similar means for vehieles er pedestrians tot travel frem ene sidee efa.watercoursetet theethers side; thate encreach inte regulated floodwayss shall meet thel limitations ofsection 407-359-Alierationef a-watercourse thati ist parte ofar read OF watercourse eressing shall meet the eguiemenisofseetion  107-133(3): (LDC, art. XVI,$2(307.4)  Sec. 107-473. See. 107-476. - Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios ands similar nonstructural uses inc coastal highl hazard areas (Zone V). In coastal highl hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings ands structures provided the concrete slabs are designed and constructed to be: (1) Structurally independent oft the foundation system oft the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable ofo causing significant damage to any structure; and (3) Havea ai maximum slab thickness oft not more than four inches.  (LDC, art.XV1,$2307.5)  Sec. 107-474. See.107-477.- - Decks and patios in coastal highl hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks andp patios shall be located, designed, and constructed in compliance with the following: (I) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply tot the building or structure, which shall be designed toa accommodate any increased loads resulting from the attached deck. 2) Adeck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or tol break apart into small pieces to minimize debris during flooding that is capable of causing structural damage tot the building or structure ort to adjacent buildings Adeck or patiot that! has av verticalt thickness ofmore than 12i inches ort thati is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection  and structures.  28    that would increase damage to the building or structure or to adjacent buildings and (4) A deck or patio that has a vertical thickness of 12i inches orl less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis oft the impact on diversion of floodwaters or wave run-up and wave  structures.  reflection. (LDC, art. XVI,$2(307.6)  Sec. 107-475. See.107-478. - Other development: in coastal highl hazard areas (Zone V). Inc coastal high hazard areas, development activities other than buildings ands structures shall be permitted only ifa also authorized by the appropriate federal, state orl local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and ifanalyses prepared by qualified registered design protessionals demonstrate no harmful diversion of floodwaters or wave run-upa and wave reflection that would increase damage to adjacent buildings and: structures. Such other development activities include, but are not limited to: (I) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control: structures; (2) Solidf fences and privacy walls, andf fences pronet tot trapping debris, unless designed and constructed tof fail under flood conditions less than the design flood or otherwise function On-site sewage treatment and disposal systems defined in F.A.C. 64E-6.002, as filled  toa avoid obstruction of floodwaters; and systems or mound systems. (LDC, art. XVI,$2(307.7) Inc coastal high! hazard areas:  Sec. 107-476. See.107-479.- Nonstructural fill in coastal high hazard areas (Zone V).  (I) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. Nonstructural: fill with finished slopes that ares steeper thand one unit vertical tof five units horizontal shall bey permitted only ifan analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to adjacent buildings and: structures. Where authorized by the state department of environmental protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification ofthe diversion off floodwater or wave run-upa andy waver reflectioni ifthes scale: andl location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal  structural member oft the building.  29    (LDC, art. XVI,$2(307.8); Ord. No. 2013-02, $2, 8-6-2013) See. 107-80.-Amendments: Administrative  The Florida Building Cede, Building, is hereby amended by the following administrative See-104-10-1-Heridel Buildinge Cede, Building: add-a-new Sec. 104.10.L-as folews: Medifications- oft the strict application- ef the requirements oft the Florida Building Code. The building official shall coordinate- with the fleedplain administrater to review requests submitted te the building efficial that seek appreval to modify the striet applieatione ofthef feed-resistant construction requirements ofthel Fleridal Building Code edeteminewhelherse: spieiiegmmine ofaveriancepwsuents to-Section (2) See. 107-6-1,Fleridal Building Cede, Building: addan news See. 107.6.Las fellows: Building permits issuede on the basise of an affidavit. Pursuant tet the requirements of federal regulation- for partieipation in the National Fleed Insurance Pregram (44-CFR Seetions 59 and 60), the autherity grantedt tet thel building officialt toi issue permits,t tor rely eni inspections, and te accept plans and construction deeuments on the basise ofaffidavits and plans submitted pursuant te Sectien 105.14and Section 107.6, shall not extendt tot the floed lead and fleed resistanee construction requirements ofthel Floridal BuildingCede 51 See. 17,Fleridal Building Ca-Basnesadaews See.117asf follews: HPMARANCHSINELOODHAZARDAREAS Fleod hazard areas. Pursuant te section 553.73(5), F.S, the variance procedures adeptedi int the localf floedplain management ordinance shall applyt to requests submitted tot thel building official for variances to the previsions of Seetion 1612.40 oft the Florida Building Code, Buildinge er, asi applieable, the provisions efR322ofthe Fleridal Building Cede, Residential. Thiss seetion shall net apply to Sectien 3109 of the Florida Building  amendments:  117  Cede, Building  (LDC, art. XVI,$3; Ord. No. 2013-02,$3,8 8-6-2013) See. -AseA Teehnical.  The Flerida Building Cede, Building, is hereby amended by the following technical  amendment:  () Modiby-a-definition: in Section 1612.2. as fellews:  SUBSTANTIAL MPROVEMENT Any combination of repair, recenstruetion; rehabilitation, addition er imprevement ofal building OF strueture taking place duringa 10-year peried, the eumulative- cest ofwhich equals ore exceeds 501 percent ofthe market value oft the strueture before the imprevement OF repair iss started. For each building-er structure, the 10-year peried begins ont the date oft the first imprevement er repair oft that building OF structure subsequent to 1993. If the structure has sustained substantial  30    damage, any repairs are considered substantial imprevement regardless-efthe actual repair work perlormed. The term dees not, heweyer-inelude either: Any prejeet for improvement ofal building required to correet existing health; sanitary ers safety cede vielations identified by thel building officiale and that are the minimum necessary toe ensure safe living cenditions: Any alteration of an historie structure provided that the alteration will net precludet the structure's centinued designation as an histerie-s structure:  (LDC, art. XVI,$4;Ord.1 No. 2013-02,94,862013) -Ama Building) Teehnical: 4) atyadaeminsasiw: 202as fellews:  TheFloridal Buidimg-Cede.Fnistinghudng-sebyamendedbyie: following technical  amendment:  SUBSTANTIAL IMPROVEMENT- Any combination of repair, Fecenstruetion; rehabilitation, addition eri improvement ofal building er strueture taking place duringa 10-year peried, the cumulative ceste ofwhich equals er exeeeds 501 pereent ofther market value oft the strueture befere the imprevement OF repair is started. Foreaeh-buildinger structure, the 10-year peried begins ont the date oft the first imprevement OF repair of that building OF structure subsequent to 1993. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does net, heweverineludes either: Any preject for imprevement ofab building required te correet existing health; sanitary OF safety code vielations identified byt the building official andt that are the minimum necessary-to ensure-safel living conditions. Anya alteration- ef an historie structure previded that the alteration will-not preclude thes structure's continued designation- as an! historiesirueture  (LDC, art. XVI,$5; Ord.) No. 2013-02,85,8 8-6-2013) See.1 107-483-Amendmens (Residential) Technical.  The Florida Building Cede, Residential, is hereby amended by the fellewing technieal Enelesede areas belowdesignt floede elevation. Enelesed areast belewt the design feedelevation: Shall, exeept for areas enelesed by inseets sereening oF epen Hlattice, be limited to-a total enelesed area of299 square feet orl less; and Shall bet used selely for parkingefvehieles: building access Ors sterage:  amendment!  (LDC, art. XVI,S6; Ord.1 No. 2013-02,86 6, 8-6-2013)  31    APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: September 3, 2024 Ordinance 2024-04 Second Reading/Adoption  SUBJECT:  AGENDA NFORMATION: Item Number: Department: Contact: Presenter:  Agenda Location: Unfinished Business  3 Administration Travis' Wade/Dan Hartman Travis Wade  BRIEF SUMMARY After the deadly boating accident in Scipio Creek in 2023, FWC: scheduled installation of No Wake Zone signs in the Apalachicola River channel. The No Wake Zone will extend north in Scipio Creek as shown in the attached map. However, the FWC requires signage notifying boaters to "Resume Normal Safe Operation" at the end of the No Wake Zones (See Map A). That sign will be placed south of several creek front businesses and will allow boaters to create a wake that could be dangerous and damaging to vessels. This Ordinance will replace that sign with a "No Wake" sign and the "Resume Normal Safe Operation" sign will be moved to the north side oft the Mill Pond. Additionally, a "No Wake" sign will be placed north of the Mill Pond for southbound vessels to protect those businesses from dangerous wake. I spoke with FWC: and they advised that by passing the attached Ordinance, and completing paperwork that Ihave already begun, the No Wake Zone will be extended to a point  immediately north of the City's Scipio Creek Marina (Mill Pond).  RECOMMENDED MOTION AND REQUESTED ACTIONS: Motion to approve and adopt the 2nd  Reading of the No Wake Ordinance 2024-04.  FUNDING SOURCE: N/A  ATTACHMENTS: No Wake Ordinance 2024-04  STAFF'S COMMENTS AND RECOMMENDATIONS: Recommend Approval    ORDINANCE 2024-04  AN ORDINANCE RELATING TO CITY OF APALACHICOLA; AMENDING BOATING RESTRICTIONS/REGULATIONS FOR THE SCIPIO CREEK AREA; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITYAND, PROVIDING FOR AN EFFECTIVE DATE.  WHEREAS, boatingsafety concerns were brought to the attention of City of Apalachicola officials around Scipio Creek and the Scipio Creek Boat Ramp within the Apalachicola  River; and  WHEREAS, Florida Statutes S 327.46(1)(b) authorizes the City of Apalachicola to establish Idle Speed No Wake boating safety zones by ordinance without additional  agency approval within 300 feet of public boat ramps; and  WHEREAS, the CityofApalachicola has elected to establish Idle Speed No! Wake boating safety zones around Scipio Creek and the Scipio Creek Boat Ramp within the  Apalachicola River.  NOWTHEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF APALACHICOLA,  FLORIDA:  SECTIONI.C CityofA Apalachicola Ordinance 2024- 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 maintain control over the vessel or anyothervessel. or object thati itl has undertow. 2. Idle Speed No Wake boating safety zone from shoreline to shoreline, on Scipio Creek, southeast of a line that passes through a point (29°44'09"N 594rWAperpendcular    tot the centerline oft thewaterway, and northwest of al line that passes throughap point (29° 43'831"N 84° 59'33"W) perpendicular to the centerline of the waterway, as depicted in  the attached Exhibit A.  SECTION 2. PENALTY. The provisions of 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 with a noncriminal infraction, shall be cited for such an 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 ecentyadoptedversion 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 administrative rules.  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 of this ordinance may ber renumbered ori re-lettered to accomplish such, andi the word' ordinance" may be changed to' "section", "article", or any other appropriate word.  SECTION5. EFFECTIVE DATE. This Ordinance shall be effective upon completion oft the 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  2024. Motion to adopt second by Commissioner  Voting Aye: Voting Nay:  FOR THE CITY COMMISSION OF THE CITYOFAPALACHICOLA  ATTEST:  Sheneidra Cummings, City Clerk  Brenda Ash, Mayor    Apalachicola River Waterway Marker Installation and Repairs  Apalachicola National Forest LOCATION  M003  St.Vincent National Wildlife Refuge  M004  M005 MO08 00309  M002  MOO0  90295 10296 * M007 M006  500 1,000  2,000 Feet  bing Legend: Markers * Install x Remove Repair Boating Safety Zones  Prepared For: ISHAND  Prepared By: rAtkinsRéalis Data Source: FWC Coordinate System: WGS 1984 Web Mercator  MAP 1  TION CO Floridal Fish and' Wildlife Conservation Commission MyFWC.com  Drawn: JKL QCI Review: SMY Date: 1/31/2024    Apalachicola National Forest LOCATION  MAP A  M003  St.Vincent National Wildlife Refuge  MO04  MO0S M008 90303  M002  MOOI  00295 00296 * M007 M006  Location of "Resume Normal Safe Operation" sign for northbound vessels.  500 1,000  2,000 Feet  bing        APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: September 3, 2024 196 gth Street Encroachment Agreement  SUBJECT:  AGENDA INFORMATION: Item Number: Department: Contact: Presenter:  Agenda Location: Unfinished Business  4 Legal Dan Hartman Richard Dagenhart  BRIEF SUMMARY:  Mr. Dagenhart is requesting an encroachment agreement for an (approx.) 3' encroachment into the gth Street ROW at the Zeigler Store on behalf of the Owner 643 Holdings, LLC (Mr. Wes Warren). In addition, an air space encroachment is requested toi install an awning extending over the front doors of the structure. The encroachments are as shown ini the attached survey. The owner is no longer requesting an encroachment agreement with respect to the signage and  rain barrel.  RECOMMENDED MOTION AND REQUESTED ACTIONS:  Approval.  FUNDING SOURCE: N/A  ATTACHMENTS: DRAFT Encroachment Agreement; 198 gth St. Package Map  STAFF'S COMMENTS AND RECOMMENDATIONS:  The Home is a recognized historic structure and was reportedly moved to this location ini the late 1960s. Encroachment agreements for structures of this type are typically granted. The awning encroachment request is similar to approved balcony requests that have come before the City. The awning is compatible architecturally and does not interfere with use of the ROW.  Approval.    Prepared By and Return' To: Daniel W. Hartman, Esq. City Attorney 192 Coach' Wagoner. Blvd. Apalachicola, FL 32320  ENCROACHMENT AGREEMENT  THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this  day  of  August, 2024 (the "Effective Date") by and between 643 Holdings, LLC, ("643 LLC"), including successors and assigns, and' THE CITY OF APALACHICOLA, al Florida municipal corporation ("CITY").(643 LLC and CITY are sometimes together referred to herein as the "Parties", and separately as the "Party").  RECITALS:  WHEREAS, 643LLCi is the owner ofo certain real property located at known as Zeigler Store at 1968 8th WHEREAS, located on the 643 LLC Property is a historic building which encroaches on the gth St. WHEREAS, the parties wish to provide for the terms under which the Parties would recognize the encroachment oft the existing historic structure and an awning to be constructed covering the front doors of the WHEREAS, 643 LLC is required to enter into this Agreement in order to allow the existing structure NOW, THEREFORE, for and in consideration oft the mutual covenants and agreements herein set forth and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly  St., Apalachicola, FL ("643 Property"); and right-of-way (ROW), CITY owned property; and  structure as shown int the survey attached as Exhibit' "A"; and and proposed awning to encroach onto City Property. acknowledged, the Parties hereto agree as follows:  1. as part of this Agreement. 2.  Preamble Incorporated. The foregoing recitals are true and correct and arei incorporated! herein Encroachment. The CITY hereby grants permission for 643 LLCtoi install and maintain the  Improvements within CITY Right of Way (awning and structure), provided that 643 LLC obtains the prior, written consent of the CITY, and any applicable permits. If6431 LLC's installation of the Improvements or use of the ROW damages or interferes with any of the CITY's existing utilities located within the ROW, then  643 LLC: shall reimburse the CITY for the cost oft repairing such damage or interference.  3. 4.  Reservation of Rights. The CITY reserves the right to utilize and enter the ROW for the Release. 643 LLC hereby releases the CITY, its representatives, employees and elected  location, installation, maintenance, and repair of any utilities located or to be located upon and under the ROW. officials from any and all damages, claims, or liability that may arise under this Agreement, including though not exclusively the CITY's use of its ROW and the operation, maintenance, repair and installation of any ast to interfere, in any way, with the CITY'S operation and maintenance of the ROW and any infrastructure located within its ROW now or in the future. The improvements contemplated herein shall not be expanded  infrastructure located within its ROW, now or in the future.  5.  PriorityofROW. Thel Improvements shall not be operated or maintained in such a manners sO    without the written consent oft the City.  6.  Submittals by 643LLC. Prior to the installation oft the Improvements, 643 LLC shall submit  plans for the Improvements to the CITY.The plans, including the type, height and location ofthel Improvements in the ROW, shall be reviewed and approved in writing by the CITY prior to installation of the awning. In addition, 643 LLCi is responsible for the design oft the Improvements. Prior to 6431 LLC's submittal ofal permit application to the CITY for construction of the awning Improvement, 643 LLC shall obtain approval of the design from the CITY's Planning and Zoning Board and Building Official, which approval is in addition to the CITY's review of the permit application for the Improvements. The design of the Improvements shall be consistent with this Agreement, reasonable engineering standards and applicable laws, rules and regulations. shall not interfere with any existing utilities located within, upon or under the ROW, including though not  7.  Existing Utilities. The location, installation, maintenance and repair of the Improvements  exclusively, stormwater facilities.  8.  Maintenance and Repair. 643 LLC shall maintain the Improvements at its sole cost and  expense, in good condition, including general maintenance and repair, during the term of this Agreement. 643 LLC shall also maintain the ROW impacted by the encroachment contemplated herein at its sole cost and expense, in good condition, including general maintenance and repair, during the term oft this Agreement. If643 LLCf fails to maintain thel Improvements and/or the ROW as provided herein, CITY shall give 643 LLCnotice to curet the same and 643 LLCS shall conduct the necessary remedial action within ninety (90) days ofs said notice, failing which CITY may conduct the remedial action and invoice 643 LLC for the costs incurred. 643 LLC  shall pay thei invoice within thirty (30) days ofreceipt.  9.  Termination of Agreement and Removal of Improvements. If 643 LLC breaches  the terms of this Agreement the CITY, shall have the right to terminate this Agreement and take legal action to seek remedial action up to andi including requiring 643 LLC to remove or repair the encroaching Improvements, or any portion thereof at 643 LLC's sole cost and expense. In the event any of the encroaching Improvements are removed 643 LLC shall restore the ROW to its prior condition within One Hundred and Twenty (120) days of 643] LLC's receipt of written notice that this Agreement has been terminated. agreement that the encroachment shall and may only be repaired and maintained, and that once the structure towhicht the encroachment is connected is destroyed by 50% or more: as determined by thel Building) Inspector /Official this variance and agreement shall cease and the encroachment shall be removed.  643LLCI by its signature below hereby binds itselfa and its successors and assigns to this  10. 11.  No Waiver/No Vesting. This Agreement does not constitute a waiver of the CITY's Insurance. 643LLCshall; possess andi maintain, at all times during the term ofthis Agreement  regulatory authority and the 6431 LLCI Property and thel Improvement: remain: subject to all applicable laws,r rules, codes and regulations. This Agreement does not operate to vest any interest or right whatsoever. and construction, operation and maintenance of the improvements, general liability insurance in the amount of Five Hundred Thousand Dollars ($500,000.00), to protect the CITY from liability, claims, damages, losses or expenses arising from or out of, and in any way connected with, this Agreement, including though not exclusively, the construction, operation and maintenance of the Improvements. CITY shall be listed as an additional insured on the liability policy and proof of said insurance shall be submitted to CITY prior to execution of this Agreement or prior to occupancy of the 643 LLC property.. This provision shall survive termination ofthis Agreement to the extent necessary to cover the CITY from liability, claims, damages, losses  or expenses arising from activities occurring prior to said termination.  12.  Indemnification. 643 LLC shall indemnify, hold harmless and defend the CITY, its  representatives, employees and elected and appointed officials, from and against all claims, damages, loss and  2    expenses ofa any sort, including reasonable attorney's fees and costs including appeals, arising out of or resulting from this Agreement and any tort, intentional action, negligent act or omission of 6431 LLC, their tenants, agents, subcontractors, guests, licensees or anyone for whose act or acts any of them may be liable, relating to the of Franklin County, Florida, where it shall be a covenant running with the land and encumber the Property  encroachment oft thel Improvements into the ROW.  13.  Recording. 6431 LLC will record this Agreement, at his/her/its expense, in thel Public Records  applying to all successors and/or assigns.  14.  Controlling Laws. a. b. C.  This Agreement and the provisions contained herein shall be construed, controlled,  and interpreted according to the laws oft the State of Florida, and all duly adopted ordinances, regulations, and of or relating to any part of this Agreement, or any breach hereof, shall be in Franklin County, Florida. rules and regulations pertaining to the installation, maintenance, and repair oft thel Improvements in the ROW. respect to the specific matters contained herein and supersedes all previous discussions, understandings, and agreements. Any Amendments to or waivers of the provisions herein shall be made by the parties in writing. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed an independent provision and such holding shall not affect the validity of the remaining portions hereto. consult with independent legal counsel prior to executing this Agreement, and 643LLC represents and warrants that they have: sought suchi independent legal advice and counsel or have! knowingly and voluntarily waived: such  policies of the CITY: now in effect and those hereinafter adopted.  The location for settlement of any and all claims, controversies, disputes, arising out 643 LLC: shall comply with all applicable federal, state, and local laws, ordinances,  15.  Entire Agreement. This Agreement constitutes the entire. Agreement between the parties with  to exist or to bind either party hereto.  16.  Severability. Ifany sentence, phrase, paragraph, provision or portion oft this Agreement is for  17.  Legal Counsel. 643 LLC acknowledges that he/she/it has had ample opportunity to seek and  right.  18. this Agreement. 19.  Attorey's Fees. Parties agrees that they shall be liable for reasonable attorney's fees incurred  by the prevailing Party, ifeither Party is required to take any actions, through litigation or otherwise, to enforce  Negotiation. Thej parties to this Agreement acknowledge that all terms ofthis Agreement were  negotiated at arm's-length and that this Agreement and all documents executed in connection herewith were prepared and executed without undue influence exerted by any party or on any party. Further, this Agreement was drafted jointly by all parties, and no parties are entitled to the benefit of any rules of construction with respect to thei interpretation ofany terms, conditions or provisions ofthis Agreement ini favor  of or against any person or party who drafted this Agreement.  20. interest in the right-of-way. 21. year set forth below.  License. This Agreement constitutes al License and does not riset to the level ofa real property Effective Date. The effective date of this Agreement to be executed as of the day and  3    IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day  and year set forth below. Signed, sealed and delivered int the presence of: Print Name:  643 Holdings, LLC By:  By: Lane W. Warren, Its: Manager  Print Name: STATE OF FLORIDA COUNTY OF FRANKLIN  The foregoing instrument was acknowledged before me this  day of_  2024,  By Lane W. Warren, onl behalfofsaid company who appeared inj person andi is personally known to me.  Print Name: Notary Public, State of Florida Commission No.: My Commission Expires:  ATTEST: By:  CITYOF APALACHICOLA, FLORIDA,a municipal corporation, organized and existing under thel laws oft the State ofl Florida  Lee Mathes, City Clerk  By: Date:  By: Brenda Ash, Mayor  STATE OF FLORIDA COUNTY OFFRANKLIN  The foregoing was acknowledged before me this day of_  2024  by Brenda Ash, Mayor and] Lee Mathes, City Clerk, who appeared inj person and are personally known to  me who did (did not) take an oath.  Name Notary Public  My Commission Expires:  4    ()o00 (n)szooi ASAIS  (0001 (n166F  5  (GAV/NO)N-86) Xa AANIAV  (GAA/AN40W/-8) Xu BANBAV  WEMESROZR/ 6ypezo6keo-y YOVZ    8TH STREET 80' R/W - OPEN/PAVED  HEDGE    SGN LEARREL  -HEDGE -4'GATE CwioP -FACEOFV WALLBELOW -ECHAINUNIKFENCE  RW  AW EL  GATE-  -STORYFRAMED HISTORICCOMMERCAL, BUILDING;  CAPOPY  LOT5  LOT3  6'CHAINLINK FENCE- FUTURE FENCEBY OWNERS  /2"  LOT4 BLOCK'167 0.14AC 20-0  3'GATE -3'GATE BCHAINUNKFENCE RW  POLEE BARNT TRELLIS 4PARKING SPACES 40-0"x200"  3'GATE- GCHANUNKFENCE-  RW  30'WIDE. ALLEY  RW 3            S 9 - A E  ss -  -00-0-00  2I  $I  Nom-        MITE  9            APALACHICOLA CITY COMMISSION REQUEST FORI BOARD ACTION Meeting Date: September 3, 2024 Davis Property Advertisement Approval  SUBJECT:  AGENDA INFORMATION: Item Number: Department: Contact: Presenter:  Agenda Location: Unfinished Business  5 Administration Travis Wade/Dan Hartman Dan Hartman  BRIEF SUMMARY:  The Commission has approved the sale oft the property as surplus. Attached please find the proposed. Advertisement and Bid Forms to be used in connection with the sale of the property. Please note that both the Bid Forms and Advertisement contain reference to a minimum Bid. The purpose of including this provision int the process is to ensure that the Cityi is fully reimbursed for monies advanced on this propertyand increase the possibility of a surplus to be  paid to prior owner as agreed.  RECOMMENDED MOTION AND REQUESTED ACTIONS:  Motion to Approve Advertisement and Bid Form and proceed with Sale.  FUNDING SOURCE: N/A ATTACHMENTS:  Proposed Advertisement and Bid Form STAFF'S COMMENTS AND RECOMMENDATIONS:  Approve and proceed with Sale.    CITY OF APALACHICOLA  Notice - Sale of Surplus City Property  The City of Apalachicola, Floridal intends to sell City surplus tangible property to the general public. The City will be accepting: sealed Bid Proposals for the purchase of the surplus property described  as:  Lot6, Block 161, City of Apalachicola, according to the map or plat of said City, of  record with the Clerk ofCourt, Franklin County, Florida.  Parcel ID; # 01-095-08W-8330-0161-0060 Street Address: 122 Ave. L, Apalachicola, FL  AMINIMUMI BIDI PRICE HASI BEEN ESTABLISHED BY THE CITY FOR1 THE: SURPLUS PARCEL OF: $65,000.00. ANY BID BELOW THIS MINIMUM BID WILL NOT BE RECOMMENDED FOR  APPROVAL BY1 THE CITY COMMISSION.  The Bid Proposal form must be used and can be Vlewed/downoaded at the City website www.cityofapalachicola.com - This tangible surplus property will be sold to the highest bidder following evaluation oft the! Bid Proposals received through this process. All surplus property sold by the City is sold "As Is," with no additional warranty provided. This notification satisfies the Bids must be received on or before September 18, 2024 and delivered to Cityl Hall located at 192 Coach' Wagoner Blvd, Apalachicola, FL32320. The Bids will be opened at City Hall on September The City reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. City also reserves the right to waive all minor  requirements of Floridal law.  20, 2024.  Bid informalities not involving price or time.    PARCEL#: 01-095-08W-8330-0161-0060  CITY OF APALACHICOLA SURPLUS PROPERTY BID PROPOSAL  Sale of City Surplus Real Property  TO: CITY OF APALACHICOLA  Day  Date  Time  In compliance with the Advertisement for Bids for Sale of Surplus Real Estate issued by the City "BIDDER"), offers to purchase from CITY, under the following terms and conditions, the following Legal Description: Lot 6, Block 161, City of Apalachicola, according to the map or plat ofsaid City, of record with the Clerk of Court, Franklin County, Florida.  of Apalachicola (hereinafter referred to as the "CITY"), real estate situated in Franklin County, Florida, to-wit:  (hereinafter referred to as the  1.  BID  (a) BIDDER agrees to pay (bid purchase price) $ property described above (hereafter referred to as the Property").  for the  Any change to this bid proposal document, shallconstituteamaterialvariancel from the terms and conditions of the offer to sell and will not be recommended for (b) In the event the CITY accepts this bid proposal and BIDDER fails to close the sale for any reason other than those set forth in the Contract for Purchase and Sale, any deposit paid pursuant to the Contract between the parties shall be retained by the CITY as consideration for its acceptance oft the bid proposal. The CITY may also be entitled to assert claims for damages pursuant to the terms of the Contract for Purchase and Sale. This bid proposal may not be withdrawn by BIDDER after bid opening; however, BIDDER shall be entitled to exercise all rights and remedies provided in the Contract for Purchase and Sale. Int the event the CITY rejects this  approval by the City Commission.  bid proposal, the deposit paid herewith shall be returned to BIDDER. RECOMMENDED FOR APPROVAL BY THE CITY COMMISSION.  (c) A MINIMUM BID PRICE HAS BEEN ESTABLISHED BY THE CITY FOR THE SURPLUS PARCEL OF: $65,000.00 ANY BID BELOW THIS MINIMUM BID WILL NOT BE  2.  DISCLAIMER OF WARRANTIES  This Property is being sold in an "as is, where is, with all faults" condition without any representation or warranty whatsoever by the CITY, express or implied, including but not limited to any warranty as to fitness for a particular purpose or merchantability. The sale of this Property by the CITY will not serve to imply or warrant the approval of any zoning, land use, environmental  1    or other regulatory approval which may be required to develop the Property or any adjacent lands  owned or controlled by BIDDER.  3.  TITLE  (a) The deed of conveyance from the CITY shall be in the form prescribed by law, shall convey only thei interest ofthe CITYint the Property covered by the deed, and shall not be deemed tov warrant the title or to represent any other state of facts concerning the same.  (b) THE BID PROPOSAL AND CONTRACT FOR PURCHASE AND SALE MUST BE EXECUTED BY THE SAME INDIVIDUAL OR ENTITY. THE PROPERTY DESCRIBED IN ABOVE SHALL BE CONVEYED TO THE SAME INDIVIDUAL OR ENTITY AS SHOWN IN THE  HIGHEST RESPONSIBLE AND ACCEPTED BID. WAIVER OF CLAIMS AND DAMAGES  4.  BIDDER hereby waives, releases and forever discharges the CITY, its departments, employees, officers, commissioners, agents, attorneys and successors, from any and all claims, demands, damages, and causes of action, whether at law or in equity, now and in the future, including but not limited to any suit, debt due, sum of money, account, covenant, contract, controversy, agreement, promise, representation, restitution, tort, inverse condemnation, trespass, defamation, civil rights violation, attorney's fees, expert's fees and damages whatsoever, arising from the entry upon and inspection oft the Property by BIDDER and his/her/its agents. This waiver of claims and damages expressly survives thet termination oft this bid proposal  and any related Contract for Purchase and Sale.  5.  IDENTICAL BIDS  In the event the CITY receives two (2) or more high bids which offer an identical purchase price and which are conforming and acceptable in every other respect, the CITY will request a second bid proposal on the Property from said highest bidders for purposes of breaking the tie.  No other bids will be accepted at that time.  IN WITNESS WHEREOF, BIDDER has duly executed this proposal, this  day of  2024.  Signature: Signature of BIDDER Print Name:  Address  Telephone  2    APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: September 3, 2024 Gaskin Settlement Agreement Approval  SUBJECT:  AGENDA INFORMATION: Item Number: Department: Contact: Presenter:  Agenda Location: Unfinished Business  6 Legal Dan Hartman/Travis Wade Dan Hartman  BRIEF SUMMARY: A proposed settlement agreement was reached with Gaskin Contractors, Inc. regarding the FDOT Highway Beautification project on Highway 98. The proposed settlement  agreement is attached.  RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the proposed settlement  agreement. FUNDING SOURCE: ATTACHMENTS: Settlement Agreement  STAFF'S COMMENTS AND RECOMMENDATIONS    Docusign Envelope ID: 4CBF1F37-610B-451C-875D-A289A1BC0475  INTHE CIRCUIT COURT OF THE SECOND. JUDICIAL CIRCUIT, IN AND FOR FRANKLIN COUNTY, FLORIDA  CITY OF APALACHICOLA Plaintiff,  VS.  CASE NO. 2023 CA 000050  GASKING CONTRACTORS, INC Defendant.  SETTLEMENT AGREEMENT AND RELEASE  This SETTLEMENT AGREEMENT AND RELEASE is entered into this 27th day of August, 2024 (the "Effective Date"), by and between The City of Apalachicola ("the City"), and Gaskin Contractors, Inc. ("Gaskin Inc.") (collectively the "litigation Parties"). Gaskin Contractors Landscape Division, LLC("Gaskin LLC") is also a Party for the purpose oft the release (collectively the litigation Parties and Gaskin LLC: are referred to as "the Parties").  Witnesseth  WHEREAS, the City (the "Owner") contracted with Gaskin Inc. to perform certain landscaping work ("the Contract") involying the planting of peanut grass in the City of  Apalachicola (the "Project");  WHEREAS, Gaskin LLCisa a party to this Settlement Agreement and Release for the sole WHEREAS, disputes arose between the Parties relating to the peanut grass and other WHEREAS, the City instituted a lawsuit against Gaskin Inc. in the Circuit Court in and WHEREAS, on August 18, 2024, the City filed a motion to amend its Complaint to add WHEREAS, the Parties desire to resolve the issues and claims between them without the need for further litigation and without agreeing to or admitting any wrongdoing or liability and to  purpose of getting a release from the City of Apalachicola;  things related to the Project;  for Franklin County, Florida, Case Number 2023-CA-000050 (the Lawsuit");  Gaskin LLC as aj party to the Lawsuit;  allow the Parties to expeditiously resolve this matter.  NOW, THEREFORE, for and in consideration of the terms and obligations set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby  acknowledged, the Parties agree as follows:  Page 10 of4    Docusign Envelope ID: ACBF1F37-610B-451C-875D-A289A1BC0475  1. The Parties acknowledge that the above recitals are true and correct and are 2. The Parties shall mutually agree on a Florida licensed landscape architect to perform an analysis of the current peanut grass coverage in the areas where it was originally installed by Gaskin Inc. and calculate the amount ofs square footage ofthe planted area that requires re-planting with peanut grass. The licensed landscape architect shall prepare a diagram showing the areas of lack of adequate coverage and the volume (square footage) of missing peanut grass  incorporated herein for all purposes.  coverage.  The landscape architect shall analyze the peanut grass coverage based on the plans and areas shown on the plans and utilize the plans to diagram the areas of non-coverage of peanut  grass.  The landscape architect shall use the following definition to determine lack of adequate coverage: The definition oflack ofadequate coverage shall mean there is no patch of! peanut grass having the dimension of5i inches x 5i inches or greater present withina2.25: square: foot area ("non- coverage area"). By way ofe example, it is not the parties' intent that as single runner, without more,  within a 2.25 square foot area would amount to adequate coverage.  The City shall not mow any of the peanut grass until the landscape architect has had the The City and Gaskin Inc. shall split the cost of the licensed landscape architect 50-50. The Parties shall select the mutually agreed Florida licensed landscape architect no later than 10 days from the date the City of Apalachicola City Commission approves this settlement agreement. In the event that the Parties cannot agree on the selection of the landscape architect, then thel Parties can petition the Court fort the Court to choose al Florida licensed landscape architect  opportunity to conduct his/her analysis.  for the Parties.  The landscape architect's determination of the volume (square footage) of non-coverage area shall set the maximum volume of peanut grass that Gaskin Inc. has to replace. The replacement shall be done using potted peanut grass plants of either 1- gallon size spaced 18" on  center or quart size spaced 15" on center.  Gaskin shall hire a spray company (and pay them for their work) to come to the City to spray herbicide on or about May 1, 2025, and that same spray company shall spray a second time  on or about May 15, 2025.  On or about two weeks after the second spray of herbicide (on or about June 1, 2025), Gaskin and the City shall inspect the areas ofj peanut grass to determine how the non-coverage area has changed since the initial analysis by the Florida licensed landscape architect. At that time, if the non-coverage area has increased, Gaskin Inc. and Gaskin LLC are nevertheless only obligated to provide the amount of potted peanut grass based on the original non-coverage area assessment by the landscape architect. If, however, the non-coverage area has decreased, Gaskin Inc. and Gaskin LLC are only obligated to provide the plants necessary to cover the then-existing non-  Page 2 of5    Docusign Envelope ID: 4CBF1F37-610B-451C-875D-A289A1BC0475  coverage areas with 1-gallon potted peanut plants placed 18" on center (or ift the 1-gallon plants are not commercially available, then with quart potted peanut plants placed 15" on center). Gaskin shall pay for the peanut grass replacement plants and shall perform and pay for the installation of the replacement peanut plants. The City and Gaskin Inc. shall communicate as to where the  replacement plants will be placed.  Upon the updated determination of the non-coverage area then Gaskin shall install the potted peanut grass plants in the areas lacking in coverage. Upon completion of the planting of the peanut grass plants, Gaskin shall have no further duty or obligation to water, maintain, or otherwise care for the peanut grass at the City, and the City shall thereafter be solely responsible  for all oft the peanut grass in terms of watering and maintenance.  Within 10 days of the date that the City of Apalachicola approves this Settlement Agreement, Gaskin Inc. shall provide written instructions from the peanut grass grower which  details the recommended maintenance activities for the peanut grass.  Gaskin Inc. (or Gaskin LLC) is entitled (but not obligated) to come to the City int the early spring and fertilize the existing peanut grass as Gaskin Inc. deems necessary up to two times to promote the growth of the peanut grass prior to the first spraying of the herbicide. Gaskin will  coordinate those fertilizing efforts with the City.  3. This Settlement Agreement and Release is contingent upon the City Commission of the City of Apalachicola approving this Settlement Agreement. The Agreement will be presented to the City Commission for approval at the next City Commission meeting scheduled to  take place on September 3, 2024  4. 5.  Upon approval by the City Commission of this Settlement Agreement and Release, Within 20 days of the date that the City Commission approves this Settlement  this Agreement shall be in full force and effect.  Agreement and Release, Gaskin shall deliver to the Citya fully functional water trailer with a 500- gallon water tank and a gas engine (oft the type that can be hooked onto a trailer hitch and towed behind a vehicle). This water trailer does not have to be new and can be used as long as it is fully  functional. The City shall thereafter be the owner oft the water trailer.  6.  Release. In consideration of the terms oft this Settlement Agreement and Release,  dismissal ofthe lawsuit, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and its respective employees, agents, officers, directors, affiliates, parent, subsidiaries, and affiliated companies, successors or assigns hereby release and discharge Gaskin Inc. and Gaskin LLC: and their respective employees, agents, officers, directors, affiliates, parent, subsidiaries and affiliated companies, successors or assigns from any and all liability, claims, demands, damages, actions or causes ofaction, whatsoever that the City now has or may have relating to the Lawsuit, the Contract, or the Project, including, but not limited to any claims for failure of the peanut grass in the future. This release does not release the Parties from  their obligations set forth in this Settlement Agreement.  Page 3 of5    Docusign Envelope ID: ACBF1F37-610B-451C-875D-A289A1BC0475  Inc consideration of the terms oft this Settlement Agreement and Release, dismissal of the lawsuit, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Gaskin Inc. and Gaskin LLC and their respective employees, agents, officers, directors, affiliates, parent, subsidiaries, and affiliated companies, successors or assigns hereby release and discharge the City of Apalachicola and its respective employees, agents, officers, directors, affiliates, parent, subsidiaries and affiliated companies, successors or assigns from any and all liability, claims, demands, damages, actions or causes of action, whatsoever that Gaskin Inc. or Gaskin, LLCC now has or may have relating to the Lawsuit, the Contract, or the Project. This release does not release the Parties from their obligations set forth in this Settlement  Agreement.  7. Within 10 days of the date the City Commission approves this Settlement Agreement and Release, the City shall file a voluntary dismissal of this lawsuit with prejudice, with each party bearing their own attorneys' fees, costs and expenses, with the Court retaining  jurisdiction only to enforce the terms ofthis. Agreement.  8. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. No amendment to this Agreement is effective unless it isi in writing, identified as an amendment to this Agreement and signed by an authorized representative of each party.  9. No delay or failure of any Party in exercising any right, remedy or privilege under this Agreement shall affect such right, remedy or privilege, nor shall any single or partial exercise thereofora any abandonment or discontinuance ofs steps to enforce such a right, remedy or privilege preclude any further exercise thereof or the exercise of any other right, remedy or privilege. A waiver on any one occasion shall not be construed as a waiver or bar to any right, remedy or  privilege on any other occasion.  10. Ifany provision is found to be wholly or partially invalid under law, then it is the intent of the Parties that such provision be given effect to the fullest extent permitted by law and that the remainder oft this Agreement shall be construed as ift the invalid or unenforceable portion  were not contained therein.  11. All Parties have fully read and understand the terms oft this Agreement, which has been drafted with input by all, and do hereby provide signatures below voluntarily and after  consultation with counsel.  12. Venue for any dispute arising out of or relating to this Agreement shall lie exclusively in the Circuit Court in and for Franklin County, Florida. Florida law shall apply in interpreting any provision or term of this Agreement. In any enforcement action, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expenses, and costs from the non-  prevailing party, at both trial and on appeal.  13. This Settlement Agreement may be signed in one or more counterparts, each of which shall be deemed an original. Copies of the executed Settlement Agreement can be transmitted via facsimile or electronic mail and shall for all purposes be treated as an original.  Page 4 of5    Docusign Envelope ID: 4CBF1F37-610B-451C-875D-A289A1BC0475  IN WITNESS WHEREOF, thel Parties have executed this Agreement on the date indicated above, and each of the undersigned personally represent and warrant that they have the full right, power and authority to execute this Agreement on behalf oft the respective parties.  CITY OF APALACHICOLA Signedby: Byfrawis Wake 3D38DE0ACC7D4AD. Print Name: Travis Wade Title: City Manager DIVISION, LLC Signature: -Signedby: 55F121D4C6F249A.. Print Name: Greg Gaskin Title: Managing Member  GASKIN CONTRACTORS, INC.  Signed! by: ; S5F121D4C6F249A. Print Name: Greg Gaskin Title: President  GASKIN CONTRACTORS LANDSCAPE  Page 5 of5    AI Public Hearing and Regular Meeting of the Apalachicola City Commissioner was held on Tuesday, June 4, 2024, at 6 p.m., at the former Apalachicola Municipal Library located at 74 Present: Mayor Brenda Ash, Commissioner Anita Grove, Commissioner Despina George, Commissioner Elliott, Commissioner Duncan, City Manager Travis Wade, City Attorney Dan Hartman, Finance Director! Lee Mathes, City Clerk Sheneidra Cummings, and Chief of Police  6th Street., Apalachicola, FL.  BobbyVarnes.  AGENDAADOPTION  Amotion was made by Commissioner Grove to amend the agenda removing New Business item(s) number 1, 1st Reading of Ordinance 2024-03: Repeal Provision; and item number 5, Short-Term Rental Enforcement. Motion was seconded by Commissioner Elliot. None  opposed. Motion carried! 5-0.  PRESENTATION  Bill Williams, FCSO Care Coordinator presented the Commission with an offer to partner with the Franklin County Sheriff's Office on a Public-Private Partnership (P3). Mr. Williams also asked the Commission to appoint a Commissioner to sit on the P3 Board/Committee. Mr. Williams expressed the primary focus of this initiative and partnership is to address the need of workforce housing in Franklin County, facilitate public-private enterprise(s) develop infrastructure to accommodate economic development int the County. Mr. Williams also expressed the importance oft the Cities and County providing input and direction wheni it comes to the economic development component and will provide an update to the Commission within 60-90 days on the next stepi in the process.  Discussion Held.  Commissioner Duncan commends Mr. Williams and the FCSOt to  Commissioner Grove suggests having the land held within at trust to avoid the risk of losing the Amotion was made by Commissioner Grove to appoint Commissioner Elliott to sit on the proposed Public-Private Partnership Committee. Motion was seconded by Commissioner Duncan, with Commissioner Duncan being an alternate appointee, if/when needed. None Opposed. No  housing inventory due  Discussion. Motion carried 5-0.  PUBLICHEARING  2ndReading: Ordinance 2024-02, Access Ordinance    6.4.24 PUBLIC HEARING. & REGULARI MEETING  Page 20 of10  Attorney Hartman read Ordinance on record by title: AN ORDINANCE OF THE CITY OF APALACHICOLA, FLORIDA, PROVIDING FOR THE REGULATION OF ACCESS TO CITY OWNED, CONTROLLED OR LEASED PROPERTY; PROVIDING FOR PURPOSE; PROVIDING FOR SEVERABILITY  AND ESTABLISHING AN EFFECTIVE DATE. PUBLIC HEARING COMMENTS: La'Raela Coxwell commented. Dave Watts commented. Mason Bean commented. Karen Kessel commented. Bonnie Davis commented. Donna Knutson commented. Michaelynn Watts commented.  Attorney Hartman addressed the various concerns presented by the public and assured them that the passing of Ordinance 2024-02 would not override the terms within their lease agreements. Attorney Hartman also explained the primary focus of the ordinance, made recommendations) for the Commisionisconsiderationonhowtot best servet thet tenantsofthis! building as well ast to provide  security for Staff etc. Discussion held.  Majority of the Commissioners were in support of adopting Ordinance 2024-02, Commissioner  George was noti ins support. Public Hearing closed. PUBLICCOMMENIS Discussion held.  Mr.. Jim Gander commented on restricted access tol businesses on Leslie: Street.  Jhaki Davis, al Domestic' Violence Counselor at Refuge House commented and provided contact  information for public outreach.  La'Raela Coxwell commented on the lack of public awareness regarding grants. Alex Skovronsky commented on Wildfire Mitigation Grant opportunity    6.4.24 PUBLIC HEARING & REGULARI MEETING  Page 3 of10  NEW BUSINESS Sylvester Williams Park  Mayor Ash and County Commissioner, Anthony Croom presented the Commission with a conceptual plan and offered to partner with the County to revitalize the park. Mayor Ashi informed the public that the name of the park will remain; and that it would be the "Sylvester Williams County Park". Commissioner Croomi informed the Commission, thati ifti the partnership is accepted that the County would assume full maintenance responsibility of the grounds and that the park would bei included in the County's Parks and Recreation Dept upcoming budget which would provide funding for the revitalization and enhancements throughout the park. Commissioner Croom introduced their Finance staff member Erin to provide more information on the grant opportunities via Florida Recreation Development Program (FRDAP) and the requirement of needing a long-term lease in place for the County to apply for grant funding for the park in the upcoming FRDAP cycle. The County's Finance Staff, Erin informed the Commission of the FRDAP grant requirements, including but limited to, requiring the County to have effective site control; A lease agreement that extends for 30 years from the date of application; must not be revocable, at will bet the Grantee (the City); must not prohibit the proposed use(s) of thes site; and must grant the applicant the authorityto dedicate to the property for a minimum of twenty-five years after the project is complete. County Staff recommends a 40-year lease of the site and included that the County would fund the required boundary: survey that is required to move forward witht the FRDAP application process.  PUBLICCOMMENTS Greg Perkins commented. Nakita' Williams commented. Warnetta Key commented. Delores Hayward-croom: Commented. Valentina Webb commented. No further public comments.  Elinor Mount-Simmons, Park & Rec Committee Member, commented.  The Commission expressed full support of the County leasing the recreational space and inquired about signage and restrooms. Commissioner Croom stated that there willl be restrooms on-site, that the County would fully manage and maintain the upkeep of the park and that the existing courts, A motion was made by Commissioner Duncan to accept the recommendation from County Commissioner Athony Croom to lease the Sylvester Williams Park to Franklin County for a term of 40-years to oversee the revitalization and maintenance of the park. Motion seconded by Commissioner Grove. Discussion, Commissioner George spoke highly of former Chief and County  fields, play structures, and signage(s) will be enhanced.    6.4.24 PUBLIC HEARING & REGULAR MEETING  Page 4of10  Commissioner Sylvester Williams and expressed full support of the revitalization of the park. Commissioner George atsorecommended: that City Attorney! Hartmanworkwintnos County Attorney Michael Shuler to establish a management plan along with the 40-year lease agreement. Attorney Hartman agreed and ensured the Commission that he would work with the County and report back to the Commission with a lease gremen.management plan that details the roles and responsibilities of the County and the City, with the City maintaining ownership of the recreational space. Commissioner Elliott expressed full support and asked County Commissioner Croomi to also consider 6th Street park as well. Commissioner Grove expressed full support. Motion carried 5-0,  none opposed.  Discussion held and PUBLIC COMMENTS continued.  NEW BUSINSS Holy Family Planting  Lynn Wilder informed the Commissiont that Keeping Frankin County Beautifutnon-pront organization has been awarded $20,000 from the Keep America Beautiful Grant, to be used along the MLK Jr. corridor improvement. Ms. Wilder presented the Commission with preliminary plans that included landscaping the grounds of Holy Family, funding a mural, replacing benched with ADA compliant seating along the site, as well as a possible enclosure for the garbage bins. Ms. Wilder asked the Commission for their support to proceed on the plans and to work with the City Manager, Val Webb and the community to start utilizing the funding before the deadline in November 2024. Mayor Ashclarified/ Ms. Wilder'sr request that shei is seeking approval formthe Commissiont to be able to use the awarded fundingf fromt the grant fori improvements at the Holy Family site/area. Mrs. Wilder  included that the mural location would bei int thel MLK. Jr. area.  Discussion held.  Commissioner Grove wasi in support of the sitei improvements and expressed concern along thel MLK Jr. area ini regard to mural placement and historic structures. Commissioner Grove encouraged Mrs. Wilder to work closely with Manager' Wade and the Senior Center Staff for appropriate placement. Commissioner Elliott was in support and expressed concern about the landscape renderings of the Holy Family sitepresented by! Mrs. Wilder andi inquired if they had been contrasted withi the proposed scope of work for the exterior of the AAHM. Commissioner Elliott also expressed concern about the north side of the H.F. grounds where vehicles park and festivals are held, stating that she would not liket to see anythingplaced or planted that would obstruct parking, festival installments, utilization of Commissioner Duncan expressed gratitude to Ms. Wilder andi the Keeping Franklin County Beautiful Org. fori identifying this area to contribute funding to and expressed full support for their efforts. Commissioner George expressed support and raised one concern about the proposed location of the garden area stating that, the location conflict with the existing utilities, manholes, utility posts and the clearance requirement posted ont the electrical box etc. Commissioner George liked thei idea of having the garden placed behind the kitchen area; however, she suggested they find a viable  the open field(s), access for larger trucks and/or utilityv vehicles.    6.4.24 PUBLIC HEARING & REGULAR MEETING  Page! 5 of 10  location for the garden that wouldn't interfere with the existing utility structures. Commissioner George also clarified with MS. Wilder about whether the mural placement is intended for the H.F. site/building. Mrs. Wilder clarified that they would follow the proper steps for approval of the mural andi that is noti intended fort thel H.F. site; nonetheless, thel location will be discussed morei in detail in Val Webb informed the Commission that the proposed location for the mural would be on private property across fromAj's Restaurant and willl be created ona at fence versus al building. Mrs. Webb also stated that the artwork will be befitting to the community and completed with integrity. Amotion was made by Commissioner George to authorize Lynn Wilder on behalf of Franklin County Beautiful to work with the City Manager to develop a plan for a portion of their grant work to go towards improvements at the Holy Family property. Motion was seconded by Commissioner Grove.  the upcoming weeks.  None opposed. Motion carried, 5-0.  PROJECTIMPACTGRANTAPPLICAION. REQUEST  Ar motion was made by Commissioner Grove to approve the grant application for project Impact funding, seconded by Commissioner George. No discussion. None opposed. Motion carried, 5-0.  HCAMATCH: SUPPORTI RESOLUTION2 2024-04  Resolution read ini its entirety by Grant Coordinator Sarah Borque. Commissioner Grove. None opposed. Motion carried,5-0.  A motion was made by Commissioner George to adopt Resolution 2024-04, seconded by  FRANKLIN COUNTYE EMERGENCYMANAGEMENTPLANRESOLUTION2024-05  Resolutionread ini its entirety by Attorney Hartman.  A motion was made by Commissioner Grove to adopt Resolution 2024-05, seconded by  Commissioner George. None opposed. Motion carried, 5-0. BRING MEABOOK- FRANKLINIFORGOTIENCOASD)  Michaelynn and Dave Watts presented the Commission with an update on the status and progress of the organization and informed the Commission and public of their name change. Mrs. Watts re- introduced the organization as, Bring Me A Book-Forgotten Coast. Mrs. Watts also provided the Commission with the names and titles of newa and existing members. Mr. Watts also commented on the access of tenants and asked the Commission to find a viable solution for their tenants and  security of Staff. Discussion held.  Mayor Ash and Commissioner George commended Dave and Michaelynn Watts for their contributionand daleumomuimpongamgeNcmtgas.    6.4.24 PUBLIC HEARING & REGULAR MEETING  Page 6 of10  Commissioner George wants to accommodate BMABFC as much as possible and volunteered to assist with the pick-up and moving of BMABFC deliveries if/when needed. Commissioner George Commissioner Elliott presented BMABFC with a solution for their parcel deliveries. Commissioner Elliott suggested that the organization elect to have delivery notifications directly from carrier and to alert City Staff on any deliveries that are in-route to be delivered sO that appropriate accommodations can be made. Commissioner Elliott also suggested having an agreement in place tos specify that, if books are delivered to City Hall that al BMABFC Member would come and retrieve said package within 48 hours and to schedule at time with City Manager or City Clerk to be escorted, City Manager Wade informed the Commission that he and Ms. Kessel discussed this matter prior to the meeting and came to an agreement on where the boxes could be placed until she arranges for Mayor Ash assured BMABFC that she would work diligently with City Staff and Ms. Kessel to get the  also offered to solicit additional assistance from the Communityifneeded.  when needed.  pick-up.  issue resolved.  CRITIALASSETI FLOOD MITIGATION GRANT AWARD from Resilient Florida  Grant Coordinator Sarah Borque informed the Commission thati the City! has been awarded a grant in the amount of $2,039,500 to identify drainage projects in the City which has been documented; however, not funded by other sources. Funds will be used to address known nuisance flooding, A motion was made by Commissioner Grove to procure Bay Media Services to assist Grant Coordinator int the grant administration of the project at an hourly rate of $65/hour, as needed, and to be paid completely out of grant proceeds; and with the responsibiuty of procurement and coordination with engineer(s) and City Staff. Motion seconded by Commissioner George. None  drainage  issues  in  over  25  locations  throughout  the  City.  opposed. Motion carried, 5-0.  COASTALI RELISIENCEI PLANNING GRANTAWARD: from DEP  GrantCoordinator Sarah Borque informed the Commissiont thati the Cityhad received $67,000fort the Adaptation Action Plan & Preparation. Stating that the grant will allow the City to prepare a plan of action to adapt to vulnerabilities identified in the ongoing 2024 Vulnerability Analysis update. Amotion was made by Commissioner Grove to authorize the subcontract with Bay Media Services for $67,000 with the funds to be completely taken out of grant proceeds. Motion seconded by Commissioner Duncan. Discussion, Commissioner Grove commented. No further discussion,  Adaptation recommendations can be found int thel board action request.  Motion carried, 5-0.    6.4.24 PUBLIC HEARING & REGULAR MEETING  Page7of10  2nd READING OF ORDINANCE: 2024-02, ACCESS ORDINANCE  Motion to adopt Ordinance 2024-02 was made by Commissioner Elliott, seconded by Commissioner Duncan. No discussion. Motion carried, 4-1. Commissioner Georgeopposed.  GRANTAPPROVAL POLICY  Manager Wade asked for clarification on a previous direction made byt the Commission at their April 2022 Meeting, which authorize CM Wade to apply for grants contingent upon various conditions, further instructing the City Manager to get permission from the Commission before applying for grants if, and when, said conditions are not met. Manger Wade asked the Commission to allow City Staffto applyf for grants, providing that notification of submission be presented to the Commission: at the following Commission meeting. Manager Wade explain his request stating that due to the additional time restraint(s) it mayi impose on applying for various grants and being able to maximize Staff's time during the application process, he would like for the Commission to redact thei former requirement for him to inform the Commission prior to submission and grant him the discretion to apply. It was further clarified that City Manager Wade did not violate a City policy regarding his prior actions of applyingf for ag grant on behalf of the City and without the Commission's prior approval. City  Manager also askedi the Commission toi formalize its directive into ap policy.  Discussion held.  Commissioner George was noti in support. approval from the Commissioner.  Commissioner Grove was in support of authorizing staff to apply for grants without having prior  A motion was made by Commissioner Grove to authorize Manager Wade to draft a grant polity to present to the Commission for final vetting at the July meeting, which would language from the motionmade by Commissioner Grove: att theA PAE,02etRPOne direction giventoStaff, as well as granting authority for Manager Wade, Grant Coordinator(s) to apply for grants. Motion seconded by Commissioner Duncan. Discussion, Commissioner Elliott commented. Commissioner Grove agreed to expound on her motion with Commissioner Elliott's recommendation, to strike condition #1, and the "prior to submission" verbiage from condition #3. None opposed. Motion  carried 4-1. Commissioner George opposed.  PUBLICCOMMENT  Bonnie Davis commented on the department checklist(s) that were presented to the Commissioner and stated that Staff done a good job compiling the information. Mrs. Davis informed the Commission of an error on page 61 &62 of Agenda, regarding the Planning & Zoning Application for Development Approval document, page 2, number 2, Mrs. Davis went on to explain to the Commission that according to FL109.48, site-plan approval application is required to be submitted to the Planning & Zoning Board 30 days prior to the scheduled monthly meeting, not 10 days prior.    6.4.24 PUBLIC HEARING & REGULAR MEETING  Page 8 of1 10  BUILDING, CODE ENFORCEMENT, & PLANNING DEPT CHECKLIST Manager wade presented the department checklist(s) tot the Commission.  Discussionheld.  MAYORAND COMMISSIONER COMMENTS  Commissioner Grove presented the Board with a copy of the grant that Erin submitted for the county for TRIUMPTH funding in the amount of $750,000 to upgrade all emergency communications. Commissioner Grove requested to have Tracy Buzbee and Felicity with Gouras & Associates to come to the. Julyr meeting and update Commission on the status on' various ongoing Disasteri Mitigation grant projects, as well as the grant funded projects proposed for Waterstreet. Commissioner Grove also informed1 the Board of another grant opportunity through the Dept. of Agriculture Div. of Forestry, i.e., the Urban and Community Capacity Grant thati is duei in July 2024. Commissioner Grove recommended thati the Tree Committee start to work on the grant formulate the project narrative, scope of work, budget plan, and budget narrative for the Grant; and to work withi the Staff/ Grant Coordinator to complete and submit the application and provide an update at the. July commission meeting. Commissioner Grove did express that there is ar match required for  this grant and that the City had money in its Reforestation Fund to utilize.  Commissioner Duncan, no comment.  Commissioner Elliott expressed concern about shading at Batter Park, and asked Staff to look into some shade options especially for the steel equipment that is known to get extremely hot during peak daylight hours and may pose al hazard to the children. Commissioner Elliott also informed the Board that numerous businesses downtown have informally proposed to replace old signagei in the downtown areal left over from thel MainStreet organization. Commissioner Elliott also shared some complaints that she received regarding the Splash Pad and its maintenance. City Manager Wade responded. Commissioner Elliott suggest that we price out non-slip padding for the Splash Padi to Commissioner George appreciated public comments made by Mrs. Coxwell. Commissioner George also brought upi the ongoing improvements to Lafayette Park and suggested to meet with Manager Wade: and Attorney Hartman to settle any discrepancies that may be preventing progress, and referenced thel Park Plan that was approved by the Commission and would likei to see projects Mayor Ash updated the Commission and public that the welcome signs funded byt the TDC were installed and thanked TDC and Staff. Mayor Ashi inquired with Attorney Hartman about re- establishing the CRA and asked Attorney Hartman to present the Commission with information on reimplementation: and process of reestablishing such. Attorney Hartman agreed to report back to the Commission the process of reestablishing the CRA statutorily. Attorney Hartman reminded the Commissioner that they must bear in mind is thel base year, which would dictate whether the CRA isable to generate revenue. Further explaining thati if the Commission decides to re-establish  includei ini the upcoming 24-25F FYBudget.  move forward.    6.4.24 PUBLIC HEARING & REGULAR MEETING  Page 9 of10  during aj peakyeari int ther real estate market, ity would bey years of no-income projected; however, if they decide to re-establish during al low/down market, anyincrease would ber revenue minus the first year of growth. Mayor Ashi insisted thati the Commission keep that opportunity: available and  present amongst the Board. CITY MANAGERCOMMUNICATIONS  Report presented by Manager' Wade. Manager Wade asked for direction on ai tenant whol has been occupying the approved leased space, however, has not sign al lease agreement. Manager Wade also informed the Commission that thet tenant is currently delinquent on rent, based upon the time the organization took possession of the space after the Commissions approval to lease. Attorney Hartman commented that this is straight forward monetary default ont thet terms of the lease and recommended providing tenant with a 3-day Notice and urged the Commission to authorize him to provide that notice to be able to evict tenant legally, ifr needed. The Commission authorized Manager Wadei issue a 30-day notice, to be drafted by Attorney Hartman. Manager Wade also  updated the Commission on Leslie Street.  Discussion held.  Commissioner George reminded Staff of her request for ARPA updates and discussed the projects presented by Manager Wade in his report. Commissioner George also stated thati the list provided  did noti includev viable projects that the Commission had already discussed.  Further discussion held.  Mayor Ash urged Commissioner George and Manager Wade to schedule a meeting to resolve any conflict with thel list of projects provided by Manager Wade. Commissioner George agreed to meeting with Manager Wade and will make the corrections with Manager wade and present it att the  July meeting.  FINANCE DIRECTOR COMMUNICATIONS Report presented by! Lee Mathes. ATTORNEY COMMUNICATIONS  Updated the Commission on the Denton Cove regarding the lawsuit that wast filed on! behalf of the City. Attorney Hartman also informed the Commission that hel hasy yet to receive an offer from Mr. Davis to resolve thel long-standing title issue with the property on 10th Street. Attorney Hartman advised the Commission to order an updated appraisal oft the property and once they approve the price and process, Staff could movei forward with the surplus process and have the property listed. Attorney Hartman also commented. about nuisance issues throughout the City and expressed that the City's Code defines' "nuisance"and encouraged residents to file complaint(s) with Code  Enforcement Officer to be resolved.    6.4.24 PUBLIC HEARING & REGULARI MEETING  Page 10 of10  Commissioner Grove asked Attorney Hartman to move forward withi thel Encroachment Ordinance /Policy and present it tot the Commission fort their review. Attorney Hartman agreed to have a draft  back to the Commission at an upcomingn meeting.  Discussion held. Not further comments. CONSENT AGENDA  Motion made by Commissioner Grove to approve the Consent Agenda(s), seconded by  Commissioner George. Motion carried 5-0.  DEPARTMENT REPORTS Included in agenda packet. ADJOURNMENT carried 5-0. Meetingadyourned.  Motiont to adjourn made by Commissioner Elliott, seconded by Commissioner Duncan. Motion  Brenda Ash, Mayor  Sheneidra Cummings, City Clerk    CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, July gth,2 2024 City Meeting Room -7 746th Street Minutes  Attendance:Joe Taylor - Chair, Chase Galloway - Vice Chair, Elizabeth Milliken, Bobby Miller, Jim  Bachrach, Lee McLemore, Myrtis Wynn  Meeting: 6:00PM  1. Approval of June 10th, 2024 meeting minutes.  Motion to approve by Jim Bachrach; 2nd by Bobby Miller. All in favor - motion  carried.  2. Review, Discussion and Decision for Certificate of Appropriateness. Fence, & Accessory Structure. (R-1) (Historic District) @ 51 10th Street, Block 39 Lots 6. For First Baptist  Church - Owner; Contractor: Mr. Fence  Motion to approve 6' fence on the alley and neighboring property sides and approve 4' fence on the Avenue D side for now and with a contingent approval of a6'1 fence on Avenue D side if the BOA were to approve of a variance; 2nd by Jim  Bachrach. All in favor = motion carried.  3. Review, Discussion and Decision for Accessory Structure, Driveway, & Fence. (R-2)@2 245 Prado, Block 1 Lots NE 13/14. For Donna Taratoot - Owner; Contractor: TBD  Motion to approve by Jim Bachrach; 2nd by Lee McLemore. All in favor - motion  carried.  Other/New Business: OutstandingUnresolved Issues:  Motion to adjourn the meeting by Bobby Miller; 2nd by Chase  Galloway. All in favor = meeting adjourned.  1    CITY OF APALACHICOLA PLANNING & ZONING BOARD QUASI-JUDICIAL PUBLIC HEARING MONDAY,. July 8th, 2024 City Meeting Room - 746 6th Street Minutes  Attendance: Joe Taylor = Chair, Chase Galloway - Vice Chair, Elizabeth Milliken, Bobby Miller, Jim Bachrach,  Lee McLemore, Myrtis Wynn  Quasi-Judicial Public Hearing: Immediately following Regular Meeting @ 6:00 PM  1. Discussion & Decision for proposed Bed & Breakfast use int the C/2 Zone at 1968 gth Street, more specifically described as Block 167 Lot 41 for Wes Warren - Owner; Representative - Richard Dagenhart. Applicant is requesting approval of a special exception for a Bed & Breakfast. a. Staff provided details on proof of notice, as also shown in staff report.  b. Ex Parte Communications were disclosed -1 there was only one email to report that was sent to multiple members of the board prior to the meeting. This email is attached fori the record. City Attorney and City Planner provided a brief description of the documentation included in d. Applicant presented their testimony - Mr. Richard Dagenhart represented Wes' Warren in the introduction of their project. Mr. Dagenhart provided al brief history on the site and the historic building. He spoke on the importance of preserving the structure, but how this endeavor' is going to be extremely costly toi the owner sO certain uses will not a viable use to balance out the cost to rehabilitate the building. He mentioned that the FL Historical Society and staffa at FAMU are int favor of rehabilitating historic building with the notion that the use must sometimes change. He stated that a single-family living situation is not a viable use for the applicant and that since the property is in the C-2Zonei they would like to rehabilitate the building into al Bed & Breakfast. Mr. Dagenhart spoke on the visuals provided int the agenda packet and went over all aspects of the design and ensured that adequate parking would be e. Staff gave their testimony and reviewed everything that was covered within the staff report, including the public notice input that was gathered through the letters that were: sent out. Staff discussed the questions that she believed the P&Z should acknowledge in this request: i. Isthis request in harmony with the purpose and intent served by the LDC? ii. Ifgranted, would this request adversely affect the public interest? iii. Arei there any appropriate conditions and safeguards in conformity with the City code that he P&Z Board would like to assign to the project? f. Staff confirmed that the P&Z Board would first discuss the Special Exception use and if approved would then discuss the specifics of the site plan and Certificate of Appropriateness. The public were able to comment and there were several comments heard. Adriane Elliott urged the board to take this decision very seriously and justify their decision as the C-2 zoning turning into a zone full of Airbnb's' is possible. Linda Buchanan stated that she approves of the  the agenda packet and staff report.  provided in the rear oft the site.  B&B use, but wants to see the historic preservation take precedent.    CITY OF APALACHICOLA PLANNING & ZONING BOARD QUASI-JUDICIAL PUBLIC HEARING MONDAY,. July 8th,2024 City Meeting Room - 74 6th Street Minutes  h. As discussion was held, the possibility of the C-2Zone being 'overrun with short term rentals' continued to be a topic of discussion. City Attorney, Dan Hartman, spoke and stated that in this case the future is not relevant. He confirmed for the P&Z Board and the room that just because one gets approved does not mean that every applicant that comes in after with be able to use 'precedent' to ask for an approval of a B&B Special Exception in the C-2 Zone - every request will be different circumstances with neighboring properties, publici input, etc. and the P&Z Board is tasked with making these decisions on a case by case basis. He stated that in the future of the board ever feels that there are too many STR's operating in the C-2 Hill zone, that the board has the authority to decide if too many special exception uses are The P&ZI Board discussed the comments of the City Attorney and agreed that since this is not precedent setting, that they agree with the applicant that historic rehabilitation oft the structure is important and the most realistic use for the applicant based on this they do not believe it will adversely affect the public interest and it is harmony with the purpose and Jim Bachrach made ar motion to approve of the Special Exception use as a Bed & Breakfast with a.) al limitation of one year to comply with any other contingencies stipulated by the P&Z Board regarding the site plan and b.) on the basis that it is al historic structure and the use will encourage the applicant to rehabilitate it; Chase Galloway 2nd. Alli in favor- motion  squeezing out the principal uses in the zone and deny requests.  intent served by the LDC.  approved.  2. Contingent upon approval of #1, Discussion & Decision for a Certificate of Appropriateness,  Additions, Accessory Structure, and Fence.  a. During the applicant presentation, Mr. Dagenhart noted all the possible contingencies that b. In discussion of the fence material, the applicant made a change to a 6' wood privacy fence Chase Galloway made a motion to approve of the Certificate of Appropriateness, Additions, .Asign approved by the P&Z Board before al business license can bei issued. ii. ADEP permitted stormwater management plan will need to be submitted and approved by the floodplain administrator prior to permitting. ili. An encroachment agreement specificallyi including the canopy extending into the ROW thati is not already present on the structure must be obtained from the City iv. Alley use for parking and any ROW uses must be approved by the City Manager.  staff had noted in the planner report and agreed to all stipulations. instead of chain-link -1 the P&Z Board agreed on this change. Accessory Structure, and Fence with the following contingencies:  Commission prior to permitting.  d. Jim Bachrach 2nd the motion - all in favor, motion approved.    CITY OF APALACHICOLA PLANNING & ZONING BOARD QUASH-JUDICIAL PUBLIC HEARING MONDAY, July8 gth, 2024 City Meeting Room - 746ths Street Minutes  Other/New Business: Outstanding/Unresoved Issues:  Motion to adjourn the meeting by Jim Bachrach; 2nd by Chase Galloway. All in favor - meeting adjourned.    PAL  CITY OF APALACHICOLA CITY CLERK'S DEPARTMENT REPORT  AUGUST 2024  Processed and mailed out utility bills before the end of the month.  Prepared. July Commission Minutes. Compiled August agenda packets and emailed to Notified 2K Web Group to upload meeting agenda packets to website and post meeting 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.  Commission and City Attorney. dates and times to website.  Processed ACH billing  Reconciled 7 DEP accounts, 1 remaining.  Audited' Waste One Garbage Invoice and reconciled accounts that were in error  Completed tasks as assigned by the City Manager and Mayor. Fulfilled 6 Public Records request with 3 open requests Completed and mailed general monthly billing. Assisted Staff with various issues and projects. Assisted employees with HR related issues Issuing 23-24 Business Tax Receipts  Entering and verifying datai for Banyon Property Management Entering and verifying data for Banyon Utility Billing On-going training of Receptionist and Billing Clerk.  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 ofA Apalachicola public works monthly report  AUGUST 2024 REPORT  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 cans downtown and city parks, clean city right of ways, cut city right of ways, and patch holes on city  roads as needed.  Replaced alternator on dump truck. Cuta and removed limbs on 14thSt. Worked on budget for new fiscal year. Removed tree on Ave. M that fell during storm. Repaired toilets in bathroom at community center. Cut back trees throughout the City as requested. Patched potholes in front of Gibsonin. Removed debris in alley off 8th and MLK.  Cutand removed low hanging tree limbs on 24thAve.  Replaced sidewalk on 12th St. in front of hospital critical care unit.  Repaired doors at library  Installed new slip hazard(s) at Lafayette, Battery, Riverfront Parks, Repaired alugatorwarning signs at Battery, Riverfront, Scipio, &  and Scipio creek. 17th St.  Repaired bathrooms at BP Community Center. Cut down 2 dead palms on On Hwy 98. Cleaned alley between Prado and Adams Street. Cleaned alley between Ave M andlon 15thSt. Cuttrees back on 6th St. and several other St.  Removed door, framed and stucco the wall at Sewer Plant.  Completed by Robert Osburn    City of Apalachicola WWIP Monthly Report for August 2024  Some of the items that we havel been working on this month are listed below. Recorded all required daily parameters as outlined by the permit. Completed all required monthly testing as outlined by the permit. Completed all monthly reports and submitted them on time as outlined in During the month of] June 2024, the WWTP treated and discharged 8.558 At the time this report was made, the WWTP treated and discharged 8.218mg during the month of August 2024. This still leaves 7 more days in Staff have changed out the stump jumpers on the John Deere bush hogi in house; and. by doing sO have saved the City about $2,000.00 in pick up, We did not have to use our reject pond during the months of May or An new turbidity meter was installed on the North Disk Filter during the month of June, however due to flow restrictions to the filter, staff and engineers are working to come up with a permanent solution to solve the water feed issue, until that is achieved, we are pulling the sample water from the filtered water basin after the filter and before the piping to the chlorine Staff have continued to keep the grounds cut and presentable at the WWTP. Inmates have been weed eating on the property. Staff have cut the grass, around the reject pond again with the skid steer Staff have continued to work in the spray fields using the mulcher and the bush hog as well. The John Deere bush hog and John Deere 5085E are both getting some age on them and showing signs of wear and will soon need to be considered for replacement or adding a new one to the equipment fleet toi insure we. havea constant way of keeping up with the demands ofl keeping the spray fields and other areas that it is used in cut Staff have continued to empty the contents of the existing digester that is Staff have continued to make roadways and monitoring wells accessible in Staff have dug up and repaired and or replaced some damaged parts in the west spray field to make more zones able to continue to be used.  the permit. mg.  the month for extra flow to be accounted for.  delivery and labor costs. August 2024.  contact chamber.  bush hog.  and presentable. located behind the office. and around the spray fields.  STREET ADDRESS, CIY,STZIPCODE T(123) 456-7890 VWW.COMPANY.CON    Staffhavel had to take apart the Huber screen on the head works to clean the rags and debris out oft the auger! head prior to the discharge point. This is after putting ice through the machine on a weekly basis to push the rags and debris out as recommended by Huber technicians. New brushes were ordered and received for the Huber screen; staff will install them as scheduling for the repair allows. The screen is still Thel bulk alum sulfate storage tank has been drained and cleaned out. Staff have put the alum in existing chemical totes. Thel bulk tank will be filled by The operator trainee that we have (Colin Wefing) has completed all the required course work material for the Class C training and will be getting scheduled to take the State of] Florida exam in the upcoming weeks. Once the exam is taken and a passing grade is achieved, he will be working to get the required hours needed before being able to apply for the Class C Staffl have had the service truck fitted with air bag suspension to assist in handling the loads when hauling equipment on trailers. Staff have been working to. locate underground utilities on site at the WWTP to avoid damaging any power, reclaimed or drainage lines while having installation of fiber communications. Staff have replaced the 2" back flow at the WWTP. The influent flow meter has been calibrated and certified during the month of August 2024 by Thompson Regional Services.  functioning normally currently. Hawkins on their normal delivery date.  Wastewater Operator license.  2    0 S 8 S  8 S 8 S  U 8 f  - a a  5  a    Mayor Brenda Ash Commissioners Anita Grove Adriane Elliott Despina George Donna Duncan  APALACH  City Manager Travis Wade Financel Director City Clerk Leel Mathes City Attorney Dan Hartman  CITY  OPAPAKACHICOLA  1831  192 Coach Wagoner Boulevard - Apalachicola, Florida 32320. 850-653-9319 - Fax 850-653-2205 - wwwalyalapalachioha.on Building Permit and Inspection Utilization Report October 1, 2022 to September 30, 2023  Fiscal year 2023  Pursuant to Florida Statute 553.80, by December 31 ofeach year, the governing body ofa local government that provides aschedule of fees shall create al building permit and inspection utilization report and post the report on its website. The information in the report shall be derived from relevant information available in the most recently completed financial audit. After December 31, of each year, the governing body ofal local government that provides as schedule of fees shall update its building permit and inspection utilization report before making any adjustments to the fee schedule. The City's fiscal year begins on October 1 and ends on September 30. The below information is derived between that period for each 1. Direct and indirect costs incurred by the local government to enforce the Florida Building Code, including costs  respective fiscal year:  related to:  Personnel services costs, including salary and related employee benefit costs incurred by the local government to enforce the Florida Building Code: Operating expenditures andi indirect expenses 2. Permit and Inspection Utilization Information a. Number of Building permit applications submitted Number of Building permits issued or approved Building inspections and reinspections requested d. Building inspections and reinspections conducted Building inspections conducted by private provider Audits by the City of private provider building inspections Personnel dedicated by the City to enforce the Building Code, Issue building permits and conduct inspections h. Other permissible activities for enforcing FL building code  $145,113.87 78,282.91  538 500 614 614 24 0 1full-time 5p part-time N/A $216,664.69 500.00 0 0 0 0 6,232.09  3. Revenue Information  a. Revenue derived: from fees b. Revenue derived from fines  Investment earnings from fee and fine revenue 1. Balance carried: forward by City att thel beginning ofFiscal Year Balance carried forward by City at end oft thel Fiscal Year Balance refunded by the local government Revenue derived: from other sources, including local government  General revenue  Incorporated 1831 - One ofFlorida's Oldest Historic Seaports    Grant Updates  CityCommission Meeting- Tuesday, September 3rd 2024  Submitted. Applications- Pending Results: City Cash Match $10,000)  1. FDACS - UCF-C Grant Program - Lafayette Park Tree Canopy improvements Project (Requested $10,000, a) An application requesting funding for the planting of 341 trees in Lafayette Park was: submitted 7/18/24. The City Commission agreed to! budget $10,000 towards this project in the next fiscaly year a) Ana application requesting. Jaws ofl Life rescue tools fort the Apalachicola Volunteer Fire Department was: submitted 7/11/24. These tools were a request from the VPD and will aidt them in their efforts. In the event this application isr not funded, citys staff will continue to apply quarterly. a) An: application requesting funding for resurfacing, drainage improvements, ands safetyi improvements for Commerce Street from Avenue Cto Avenue Iwass submitted 5/5/23. FDOT markedi is as "complete" and we are waiting for updates. City received an update 8/14/241 that FDOT expects the programming tol bet finalized in September and the Work Program Public Hearing to be delivered in 4. FWCF FBIP- - Battery Park Seawall $413,748.34 (Requested: $299,748.34, City Cash Match $114,000) a) An application requesting construction funds for the Battery Park Seawall was submitted and marked as' "complete" by FWC on 4/19/24. The FBIP Evaluation Committee wills score andr rank the applications on. June: 27th, 2024. City staff willy virtually attend and provide an update. b) NOT FUNDED- City received an eligible score, but based on ther ranking there was insufficient funding 5. DHR- -2025-26! Special Category- - Phase IIH HCA (Harrison-Raney Building) mitigation/repair. $350,000 (City a) 2025-26 DHR Special Category grant request for Phase II to complete additional repairs to HCA currently being drafted ande expected to be: submitted byJ June 3, 2024. Phase Ilt to complete repairs not funded in Phase land willi include windows, doors and additional masonry work. b) Application submitted for consideration $21,875 cash matchi is obligated under the application as a) Are-application for $75,0001 towards a workforce housing study that could address viable: solutions to the lack of workforce housing int the area was submitted 5/6/24. This was a previously awarded project for aj prior fiscaly year anda an extension was not an option, sO Commerce encouraged the City to de-obligate the original award and re-apply for the nexti round off funding.  and the City submitted a request tol FDACS for ther remaining $10,000.  2. Firehouse Subs Public Safety Foundation- Hurst Rescue Tools' "Jaws of Life" $38,465  3. FDOT SCOP - Commerce Street Phase 1$3,278,524  December.  available to award our project.  Cash Match $21,875)  approved at the 6/4/24 CCr meeting.  6. CPTA-Workforce Housing Study $75,000  Funded Applications: FDOT:  1. SCOP-Leslie Street $610,169.30 (G2N05)  a) This project will remedy the undergroundi issues, resurface the entire street length, and obtain new road signs based off engineer's estimate andi recommendations. Engineering firm, Dewberry, has completed thep plans and they were: sent to FDOT for af final review prior to procurement -5 5/23/24 the plans were approved anda advertisements for procurement were: scheduled in Thel Times and The  1    Tallahassee Democrat. Bids are due byJ June 28th at 4PM. b) The current project completion date per FDOTi is 10/31/24.  c) City procured North Florida Construction for the construction work- - CElis currently being procured under the City's Continuing Services Engineers procurement. City Manager willr request action to award the CEIt to ane engineering firm andt then construction can begin. CEI was awarded to Urban  Catalyst Engineering.  d) CONSTRUCTION: START DATE IS SEPTEMBERS 9th!  DEP:  1. Resilient Florida Critical Asset Flood Management $2,039,500 (24SRP65)  a) This grant will complete identified drainage projects ini the city that have been documented, but not funded by other sources. Funds will repair known nuisance flooding drainage issues in: 29+1 locations throughout the city. The City of Apalachicola Critical Asset Flood Mitigation Projects includei the replacement: andi retrofit of pipe systems at multiple roadwayi intersections, addition of inlets, pipes, water quality vaults, crown reconstruction, and construction of roadway conveyance. system. DEP b) Bay Media Services was awarded: a contract fora administering this grant at the. June City Commission C) Baskerville Donovan Inc was scored highest and selected by City Commission to complete engineering services. Staff met with BDI Aug. 221 to develop specific scope for services agreement to be presented a) This awardi is funding for preparing ai infrastructure plan for flood protection. The City of Apalachicola willo complete the City of Apalachicola. Adaptation Plan Project toi include an Adaptation Plan consistent with the Florida Adaptation Planning Guidebook. The project willi include public outreach and: stakeholder engagement. Agreement signed 3/20/24: and project procurement is underway. b) Bay! Media Services was awarded the contract for this scope of work at the. June City Commission meeting. 1st Workshop is planned for later thisf fall, following completion of Vulnerability. Assessment. 3. Resilient Florida - Comprehensive Vulnerability. Assessment $272,500 (22PLN10) a) The City of Apalachicola will conduct the City of Apalachicola Comprehensive Vulnerability Assessment project toi include an update to the 2017 Vulnerability. Assessment. This includes the impact of sea-level rise, storm surge, and rainfall flooding. Thei impacts of flooding willl be projected andr mapped over a planning horizon that extends to: 2070. Critical assets, vulnerable infrastructure, and! historic properties at risk willl bei identified. Comprehensive plan amendments to comply with the Peril of Flood statute and adaptation strategy recommendations willa also be includedi int the Project. $200,000 ins supplemental funding was awarded as part oft the VAI help resolve identified data gaps and will result in the City digitizing its infrastructure facilities including water distribution lines, sewer b) Data Gapi infrastructure mapping 90% complete and modeling underway. Exposure. Analysis is complete (except for data gapi infrastructure), and8 80% of Sensitivity Analysis is complete. 4. Resilient Florida - Wastewater Plant Repairs $13,381,516 (22SRP17) + SLFRP. WWTP Headworks & SBR Relocation, Replacement and Upgrades for Advanced Wastewater Treatment $5,551,875 (WG038)= a) These grants combined are tor replace and repair critical wastewater facility components andt to relocate thet facility to ensurei it is out oft the flood zone. The project will ensure that the Cityi is storm b) Thep project is at 66% design and the permit applications have been submitted andi is currentlys sitting at5 50% complete. Currently, final designi is underway whichi includes biological process modelling, and c) DEPi is creating an amendment to WG038 to combine the budget into one linei item to ensure that d) Pay Request 41 has been submitted to DEP1 for payment andi is under process. DEP has paid out  has tentatively: scheduled a site visit in October.  meeting.  to City Commission for approval.  2. Resilient Florida Planning Grant- COA. Adaptation Plan $67,000 (24PLN12)  and: stormwater.  Total $18,933,391 for WWTP elpcation/Replacement  ready for years to come! process equipment: selection.  there are no issues with the ARPA funding pools ini thei future. request number 3int thet form of advance pay.  2    e) SCHEDULE:  . Projected construction start date: Sept 2024 i. Projected initiations of operations date: Mid 2026 ii. Projected construction end date: Mid: 2026  Florida Commerce [FormerlyDEO): (D0225)  1. Rural Infrastructure Fund- Water Treatment Plant Improvements, Potable Water Studies $147,000 a) This grant wille evaluate existing conditions, create ane enhanced sampling plan, hydraulic modeling, treatability: studies anda alternatives analysis. Engineering firm, Dewberry, isi inj progress and these b) Aone-year extension request has been requested to complete this project. In routing. 2. Rural Infrastructure Fund- - Drainage Basin Analysis Phase Il+ Camera Work of Stormwater Lines a) This grant will fund an analysis of the drainage basins that border Apalachicola River and Bay. The proposal alsoi includes funding to begin camera-work of the: stormwater lines in Phase 1, The project aims to document all: stormwater conveyance characteristic, boths structural andi natural, along with deficiencies of each that have contributed tol localized flooding within 18 drainage basin areas totaling 310a acres in the city. The City will then prioritize repairs in areas where localized flooding is present and plani for water quality treatment. at thes stormwater outfalls which discharge into the Apalachicola River and/ Apalachicola Bay. Basins 11 and 3 were covered byt the 2018 grant. This grant application would b) Agreement signed 2/1/24. Grant administration with grant continuing services procurement approved at July City Commission meeting. Task order to engage Dewberry Engineering drafted; currentlyi in review! by Florida Commerce. Request for contract extension drafted, pending Commerce: approval. 3. CDBG-DR- - Avenues Stormwater Repair Project $3,891,869 ($29,000 City Cash Match) (M0016) a) This grant is tot fund repairs and upgrades for the: avenues: stormwater drainage system. Dewberryi is b) Quotes received for drainage pipe inspections andr route: survey. Existing conditions CCTV survey was completed. The engineer received videos and reports which have! been analyzed. The engineer worked with contractor to revise: scope and cost for drainage pipe survey. Project information was distributed toi interested stakeholders fore environmental review. Tribal letters completed. Designs ready in next fewr months. Environmental review report continues. Survey results may create ai few changes oft the An amendment request was: submitted on! 5/10/20241 to: add CE&I as a reimbursable task and to extend d) Environmental outreach letters to interested: stakeholders were revised for consistency with current planned improvements and were redistributed on 7/25/2024 and 7/26/2024. The HUD-Required8 8-Step e) Meetings were held with Commerce's consultant (KPMG) to discuss project progress and reiterate that Alls survey field work and additional information needed byt the engineer has been completed. The engineer is working on: set of up construction plans. Estimated completion for engineering. /d designi is September 30, 2024. (Note that construction activities cannot commence until Commerce approves the  studies are 35% complete! $300,000 (D0260)  address thet following .12454/49.019  the engineering firmf for this project.  environmental review.  the period of performance through September 2025. Process for activityi in af floodplain is underway. the project must bet finalized by 09.30.2025. Environmentall Review Record.)  8) SCHEDULE:  Projected construction start date:. January: 2025 Projected construction end date: June: 2025  4. CDBG-DR- - Hometown Revitalization (Riverfront) $4,400,000 ($70,000 Private Owner Match + $313,365 a) This grant is tor revitalize the businesses and public areasi int the riverfront district. This worki includes private business's docks along with public docks, sidewalks, lighting, and parking areas. b) Popham Building preliminary memor re: structural review was submitted to the City on 04.09.2024; this  City Cashi Match) (M0034)  3    memoi indicated that thel building lacks thes stability andi integrity toi make structural repairs and recommended demolition oft the existing structure. Ag grant modification ist forthcoming because several components oft thep project needt tol be removed from thes scope of work. ) The City! began working with Commerce on this modification in May 2023; in April 2024, Commerce notified the City that a written request on City letterhead was required. This was: submitted. As of d) Certifications andl liability agreements have been distributed to all owners - matching funds have been e) Environmentall Review: Project information has been distributed to all stakeholders. Early Public Notices for evaluation of activities ina ai floodplain anda a wetland have! been posted tot the City's website and comments are currently being accepted. The Seminole Tribel has requested project information for evaluation; this request has been provided tot the project engineer, however, the CRAS is needed in The engineer has submitted ana amendment request for completion ofa a Cultural Resources Survey, whichi is required for permitting; this amendment was submitted to FloridaCommerce in June 20241 for authorization to execute. As of 08.22.2024, this authorization is still pending. g) The engineer has continued work ons survey drawings, environmental evaluations, permit applications, and preliminarya and schematic designs. The project engineer reported the following activities for the  08.22.2024, Commerce is still processing this request. requested from owners 30- days prior tol bidding the project.  order to fully respond. (See Itemf)  month of July 2024:  i. Plan Set 1 (Dock and Pier Repal/Reconstruction)  1. Design and plans for Plan Set 1 along Scipio Creek sites continuei to be prepared based on field: survey data andi field reconnaissance byt the Team. Design and plans advanced to 90% complete at the end of July. 2. The design team visited the project site on. July 2nd with plans-in-hand to verify existing field conditions at the project sites along Scipio Creek and 3. Existing wetlands were also verified and shared with Garlick Environmental 4. GEAI has continued" with the environmental permitting process developing permit documentation required for the USACE, Section 10i issues regarding regulated wildlife: and State 404 permitting needs inj preparation for a pre- application meeting with thel NWFWMD for the project's ERP. Permitting for 5. Proposals for a Cultural Resource. Assessment Survey (CRAS) for the Riverfront Revitalization project have been received from: 21 firms. We have selected the best proposal and: submitted: a supplemental services agreement fort the City of Apalachicola'sr review and approval. We are still 1. Fields survey near completion along Water, Commerce and 4th Streets. 2. Design and drawings of the Water, Commerce and 4th Street upgrades 3. Aerial layouts for roadways, sidewalks, parking areas, landscaping, lighting and amenities proposed along the: streets have! been generated with typical sections and details being developed. Plan Set 2i is approximately 4. Af field review by Halff Team members with preliminary! Plan Set2 documents in hand (street upgrades and amenities) tol be: set. 5. Permitting for Plan: Set 2i is underway and approximately 10% complete. 1. Hammond Design Group (HDG) has presented their findings for the Popham Building tot the City Commission at their July 2ndi meeting and  revise our drawings as needed. Associates (GEA) for their permit process.  Plan Set 1isa at 45% complete.  awaiting a notice to proceed on the CRAS. ii. Plan! Set 2( (Water, Commerce and 4th Street Upgrades) Office work and: survey drawings are on-going.  continue this month.  25% complete at the end of July.  li. Popham Building  4    were given direction to explore options of what could be built to replace 2. Schematic design of re-created Popham Building Concepts and cost  the existing structure. estimates have been completed.  h) The City Commission made a decision to amend the scope for the Popham Building toj just design and partial demolition ast the deliverables. Commerce! is still evaluating the possible scope change any workshops regarding the Popham Building cannot bes scheduled until Commerce has communicated their direction on this. As of08.22.2024, Commercel has not provided feedback. Meetings were held with Commerce's consultant (KPMG) were heldi inJ June to discuss project progress and reiterate that they project must bet finalized by 09.30.2025.  SCHEDULE:  - Projected construction. start date:. January: 2025 ii. Projected construction end date: September 2025  5. CDBG-DR- - Hill Community Project $935,753 ($910,000 Funded + $25,000 City Cash Match) (M0033) a) This project is tor revitalize four (originally 5, one location dropped out by choice) businesses within the Hillt through exterior work andi renovations eachl location'ss scope differs. This project is alsot to create sidewalks andl lighting int thel Hill area tos spur economic development through walkable connectivity. Gouras and Associates ist theg grant administrator and CDG is the engineering firm working on the plans. Certifications for the private business owners have been prepared ands sent to each owner to ensure that the program guidelines are beingr met by all parties. There are: structural issues witha a couple oft thel locations which may result in some scope changes int the near future. b) The City Commission finalized the scope oft the Sidewalk & Lighting project at a special meeting on 2/20/24 after workshopping the previously: approved scope. The belowi image shows thet final scope of these improvements- these are: subject to Commerce approval. The cost of materials has increased during the progression oft this grant, so the priority for the funding willl be sidewalks first with primary  focus on MLK: andt the 8th Street section. Apalachicola CDBG Sidewalk Scope SIDEWALKS/ AOMTHISREIGRSRET ANDDR. MRTHLUTHERKNSRA AVENUE  Legend : 7thStreets Sidewak & Bhs Streets Sidowalk de MKJ.A Avenue Sidi  c)  Florida Commerce and the City heldal TA call on 4/29/2024 to discuss scope changes requested byt the City. Changes tot the: sidewalk layout based on public feedback was discussed, as well as structural e) Liability Agreements were created byt the City Attorney and distributed tot the business owners. Project guidelines were also provided. Meetings to discuss these documents are: scheduled with! business  issues that have beeni identified for several commercial buildings.  5    owners. 3/3 project beneficiaries have submitted their signed documents.. A meeting was held with the remaining property owners and FloridaCommerce to review grant requirements; as a result oft this meeting, Commerce: subsequently confirmed participant eligibility, pending submission of additional documentation from the participant. The City! has continued to work with property owners to finalize agreements between the City andt the Property Owner for utilization of CDBG funds for project f) An amendment request was submitted to Commerce on 06.25.2024 to modify the sidewalk layout, update participating businesses, ande extend the period of performance through 09.30.2025. As of Ana amendment has been received from the engineer to modifyt the sidewalk layout and update the scope of engineering to correspond with modified building scopes; this was submitted" to Commerce for authorization to execute on 07.03.2024.. As of 08.22.2024, authorization execute has not been issued. Design activities cannot move forward until this amendment is executed. h) Work on the environmental review record was previously paused to consider potential scope modification impacts. In order to meet Commerce's deadline of 09.30.2024, work ont the environmental review has resumed, under the assumption that Commerce will approve the requested scope modifications. Commerce confirmed on 07.24.2024 that an 8-Step Process willl be required because approximately 750 s.f. of sidewalk will be located int the 500-year floodplain; public notices have been posted tot the City's website and distributed to agencies as required. Meetings were held with Commerce's consultant (KPMG) to discuss project progress andr reiterate that SCHEDULE: **NOTE: Design worki is on! hold until Commerce authorizes execution ofa a contract  activities.  08.22.2024, this request was still pending Commerce: approval.  the project must be finalized by 09.30.2025.  amendment.  .P Projected construction start date:. January 2025 ii. Projected construction end date: June 2025  6. CPTA-Workforce Housing Study $75,000 (P0482)- - De-obligated  a) The City was awarded $75,000 towards: a workforce housing studyt that could address viable: solutions to thel lack of workforce housing in the area. Thet funding came from leftover CPTA money fromi thel last fiscaly year, SO we did not know the expected timeline when applying in thet fall of 2023. Unfortunately, the award was not granted until late February of 2024 witha deadline of June 2024. Procurement was attempted and even the firms that had helped put this application together were not able to meet the deadline and chose not tol bid on the project. Nol bids were received - citys staff were hopeful to award b) Duet tor no bids being received and citys staff not being able to finda a firm willing to meet the deadline, Commerce recommended de-obligating thef funding andi instead re-submitting the same application for the current open CPTA opportunity, deadline in early May. City staffi is currently preparing to re-submit the Workforce Housing project fort ther new round of CPTA funding and are waiting for direction from The City de-obligated from this agreement on 4/29/2024. The City applied for the next round of CPTA  this in April.  the City Manager on de-obligation. funding on! 5/6/2024.  DOS:  1. DHR African. American Cultural and Historical Grants Apalachicolal History & Culture African American Museum $1,250,000 ($1,000,000 Award, $250,000 City Cash Matching Funds) 23.s.a2.900.039) a) This project is funding the design and construction ofa a one-story, ,2,000SF building with elevated ceilings. Priorities include: security, storage, office space, greeting station/gift: shop, breezeway to Holy b) There was a meeting on 1/16/20241 tos show the concept direction of elevations and floor plans for the proposed museum. Thet thirds set of concepts was introduced to the City Staff, Commission, and community: stakeholders. There was a presentation introducing potential site planning concepts, indoor and outdoor arrangements of display area, and potential exterior plaza configuration. Commission voted on exterior and interior layouts and designs for the museum provided byt the architects. The  Family, bathrooms, controlled lighting for displays.  6    modern style building, second floor plan, and exposed roof style were: all chosen. The next phaseis moving these concepts to construction documents- -1 thea archtect/engineerings teami isi inj progress. See  the concept design below:  c)  d) A public workshop was heldJ July 2nd for the Architect team to present the! 50% plans for the site, e) An updated timeline has been communicated to DOS and: an extension to. June of 2025 has been granted. The project completion datei is estimated tol bei in December of 2025, so City staff and DOS are 2. DHR Special Categories- - Old City! Halll Phase IIS Structural Damage $395,000 + $98,7501 In-Kind Match a) City was funded for Phasel lloft thei repair/structural workt tot the old cityl hall building! Agreement was signed 8/8/23. Bay! Media will continue with grant administration: as well as 4MI Design, Mark Tarmey, ont the designs as allowed by DOS. This grant ist to secure funding to complete the Old City! Hall Renovation ands support the ongoing repairs funded through the NPS grant. The purpose is tos stabilize thel building, by proposing to install an interior rigids steel frame to provide thes structurali integrity of the building, exterior masonry, ands support the historic: second floor woodi frame. b) Phase Il will install structural interior steel framing, additional 2nd floor shutters andi interior/exterior masonry' work, electrical, plumbing. Admin tos schedule staff, architect (4M Design) and contractor (OSP) onside meeting to finalize Phase Ils scope and develop construction contract. c) Contractor agreement with Oliver Sperry drafted; pending DHR review. Scope modification drafted; 3. DHR Special Categories- - Old City Halll Phase IIS Structural Damage $395,000 + $98,750 In-Kind Match ($ DHR Special Categories- - Old Cityl Halll Phase III $340,000+ + $30,000 City Cash Match (FUNDED- - Waiting for a) DOS reached out 6/18/24 to announce that this project was awarded through the FY25 Special Category Grants program. The phasel Illf funding for City Hally will complete the second-floor structural work, interior/exterior masonry repair of second floor and will complete the mechanical and plumbing not completed in phase Ilf for thet first floor and all for the second floor. Additionally, it will provide a second-required stair access to the second level. Awaiting contract for execution.  building, ands space to the City Commission andi interested citizens. anticipating another 6-month extension tol bet filed February of 2025.  ($50,000 Cash Match) (24.h.sc.100.069)  pending DHRI review  Agreement)  7    FEMA:  1. Hurricane Michael Bodiford Park Dock Repairs (76103)  a) Dewberry engineers completed the engineered plans for this project. Project construction was bid out anda awarded to Coastline Clearing in the amount of $53,824 on 4/2/24! Contracts are in progress and work should begin soon. Waiting on an extension from FEMA. Helda a call with FEMA and Citys staff. They Dewberry engineers completed the engineered plans fort this project. Project construction was bid out and awarded to Coastline Clearing int the amount of $74,090 on 4/2/24! Contracts are in progress and work should begin soon. Waiting on extension from FEMA. Held a call with FEMA and Citys staff. They  requested revised drawings. Once approved, an extension should be granted. 2. Hurricane Michael Scipio Creek Marina Finger Dock Repairs (76103)  requested revised drawings. Once approved, an extension should be granted.  FDEM:  1. HMGP Market Street' Vacuum Station $120,000 (4399-150-R) with DEO Match of $37,500 (M0142) a) Thes scope of this project is for the design of a new vacuum: sewage station located neari intersection of Market Street and. Avenue G. The purpose of this project is to provide protective measures to wastewater infrastructure of the! historic downtown commercial district in Apalachicola. CPWG Madrid is 90% complete with the engineered plans for thei Market Street Vacuum Station -1 they submitted 100% designs and permits, but there were: some remaining issues/priorities int the plans pointed out by stafft that are currently being remedied. Monthly meetings with Commerce continue. b) The Engineer submitted all deliverables and: staff is reviewing them prior to submitting to FDEM. Once approved bys staff, all documents will be uploaded and FDEM will conduct a CBAt to determine Phase II. Submitted deliverables to FDEM. They have come back and askedf for additional documentation from 2. HMGP Critical Facilities Generators $241,862 (4399-092-R) with DEO Match of $26,064.75 (M0141) a) This grant will provide protection ands storm mitigation by providing City! Hall, the police, andf fire department with portable generators. One will be at City! Hall, the other will be shared by Police and Fire. The! purpose oft this project is to provide protection to a critical facility in Apalachicola. Thej project is fort the purchase andi installation of an emergency generating system tor reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. b) The contract with BGN was executed and monthly progress meetings with Commerce continue permittingi isi in process and general installation willl begin very soon! Generators have been ordered. c) The Cityi is waiting on generators to arrive. Ther next stepi is to pour concrete andi install electrical. d) Work! has begun ont this project. The only delayi is the generator delivery. Some sizes are back ordered. The end goal ist to have both generators installed by October 2024 pending not further shipping delays. a) For purchase ands setup of an emergency generator system to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards at the 108 Avenue FE location. (The current generator is too: small for the need andt this will provide an appropriately sized andp portable b) The bid for this project came inc over budget. Al budget increase was requested in February, 2024. We are waiting on determination from! FDEM. The contractor has guaranteed his price without ani increase until. June: 24, 2024. FDEM approved the cost increase. Waiting for FEMA's approval.  the engineers.  3. HMGP Wastewater Vacuum Station Portable Generator $170,000 (4486-007-R)  generator.)  State Appropriations:  1. Spray Field & Solar Project $130,000 (LPA0452)  a) The original request for this award was for 1501 replacement sprayl heads and installation of 11 solar controllers ands supplementary batteries. The spray! heads are $553.00: apiece, andt the solari installation  costs (in total) amounts to $87,880.00 for 22 locations.  8    b) DEP issued an amendment in April 2024 allowing for thef funds to be used solelyf for acquisition of needed partsi instead of having to hire out a contractor for the parts andi install. This willa allow" The City to stretch the! budget further and! be: ablet tol buy more spray heads andi install themi in house- - procurement is int the works as acquisition quotes will need to be obtained and approved by DEP prior a) The City of Apalachicola has an aging infrastructure made oft terra cotta pipes and faulty water lines. The Cityi isf funded to do ani infiltration andi inflow study- the: study will assess local sources of surface water and/or groundwater; prior to entering: a sewage system. This willl be done witht typical methods such as smoke testing, dye testing, and visual inspections to locate structural defects or water stains to summarize existing data pertinent to thel hydrologic conditions andl hydrogeologyi in the studya and surrounding: area. This will produce a pre-design report that will detail the scope oft the problem in the analysis area, outline design options, andi identify the tasks required to complete ar resolution tot the a) Urban Catalyst is the procured engineer for this project. The following locations in Apalachicola will be addressed:: 1) FredI Meyer Street near 18th Street just east oft thei intersection, where ther roadi is sinking ata damaged pipej joint; 2) 5th Street between. Avenue Cand/ Avenue E., where the road! has several areas where the pipej joints are caving in; and 3)A Avenue Bt between 11th and 12th Street. Funding agency does not: anticipate that thef funding under this Agreement willz result inaf fully completed b) An extension to 6/30/25 was granted - engineering is complete and the Cityt triedt tol bid outt the work with no responses twice - DEP agreed for us to be able to obtain quotes to move forward instead of going through thel bidding process. Quotes for thef final work are being acquired. Quotes are being updated - hoping tol be approved by DEP soon. 4, Avenue HI Parking Lot $135,013 (Waiting for Agreement) a) The 2024 legislative session funded half oft the requested funding for the Avenue HI Parking Lot project. This project will provide 39 parking spaces in: an area with veryf few options for public parking and encourage additional economic: activityi int the downtown area. Permeable parking will also help with storm water management. Parking forl local businesses willl be provided additionally, parking spaces willl be provided that willl be: available for parking mitigation byl local businesses. b) An agreement has not yet been received - report will be updated once the agreement has been 5. Fire Hydrant Replacement Phase III $275,000 (Waiting for Agreement) a) The 2024 Legislative session funded the Fire Hydrant Replacement Phase I project. The request was originally for $550,000 tot finish out the project, but only $275,000 was funded. The City! has worked over the lastt three years tor replace 215 old andi inoperable fire hydrants throughout the city. There are currently 1101 fire hydrants remaining that are: stilli in need ofr replacement. These new hydrants will benefit residents in close proximityi in obtaining! homeowners insurance, they will benefit the City with FDEP required flushing of drinking water and willl benefit the all Cityresidents with fires suppression and control. The funding should cover 55 oft the remaining needed 110 hydrants. b) An agreement has noty yet been received - report willl be updated oncet the agreement has been C) Introductory meeting with statel legislative grants staff held7/25/24.  to ordering. Work willl be completed by 12/31/25. 2. Inflow & Infiltration: Study $300,000 (LPA0451)  problem by 6/30/25. b) Procurement isi in progress.  3. Stormwater Pipel Relining & Backflow Devices $100,000 (LPA0140)  project, sot this award will cover: a portion oft the work.  executed.  executed.  ARPA:  1. American Rescue Plan $1,179,010  a) The City received an award of $1,179,0101 through the SLFRF program- - the City! has elected to use the b) The City Commission has been workshopping priorities for thet funding- - currently the City Commission  funding as a "standard allowance" for government services.  9    is anticipating use of thet funding for possible overages on thel Leslie Street project and matching funds for the Battery Park Seawall grant submission. A priority list was given to the City Manager at the 2/20/24 6:00PM Workshop and quotes are being obtained for the City Commission to finalize thel list of All information int this report is accurate up to 8/22/24a at 12:00PM! Ify youl have questions regarding any oft thea above projects, please directy your questions to Bree Robinson- - City Planner! aihemeirchslalisaen  priorities for thet funding. The yearly report was submitted by April 30th.  10    June 2024 307 Cells  APALACHICOLA 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  26 -a  I  /s+ Regpondo cells a8  Firefighter Attendance  1. George Watkins 2. Fonda Davis 3. Ginger Creamer 4. Albert Floyd 5. Rhett Butler 6. 7. Palmer Philyaw 8. : 9. Troy Segree 10. Rick Hernandez Additional Notes:  8 4 2 N 28 A  11. 12. Avery Scolt 13. Bruce Hoffman 14.  15. Anthony Croom 16. Arinj Cubres 17. Ricky. 18. Shannon Segree 19. Adam Joseph 20. Craig Gibson  N I 1D 1D  hinkg  Recorded by: Date:    3024 calls  July 37  APALACHICOLA 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  30  /sr Responder cells 46  Firefighter Attendance  1. George Watkins 2. Fonda Davis 3. Ginger Creamer 4. Albert Floyd 5. Rhett Butler 6. 7. Palmer Philyaw 8. 9. Troy Segree 10. Rick Hernandez Additional Notes:  11. Toldonioly 12. Avery Sealt 13. Bruce Hoffman 14. Asuov TCAL 15. Anthony Croom 16. Amy, Cbverh 17. Ricly pihn 18. Shannon Segree 19. Adam Joseph 20. Craig Gibson  6 I  :  37  Recorded by: Date:    APALACHICOLA POLICE DEPARTMENT  August 2024  August 2024 Totals  This month, we started off with an impending storm. Luckily, the bad weather missed us, but we were readied and on extra patrol. We started this month doing extra patrol at the public restrooms. We have upgraded our body cameras this month, with a newer better camera, that has better storage and  download capabilities.  Traffic Stops/ Warnings/ citations 35/8/12 Arrests/ Warrant Requests 5 Traffic Accidents Burglary/Theft calls 2 Assist Citizens/ complant/mvesigations Trespass Wamings/agreements assist county call/other agencies Assist Animal control  6  600  12 30 0  Business alarm calls/building checks/welfare checks 530  Domestic cases involving violence/disturbance calls 0  Total calls from dispatch  1110