CALL  CITY OF CALLAWAY BOARD OF COMMISSIONERS TUESDAY, SEPTEMBER 10,2024-6:00P.M. CALLAWAY ARTS & CONFERENCE CENTER 500CALLAWAYI PARK WAY CALLAWAY,FL 32404 KEITH" EDDIE"COOK, CITYMANAGER REGULARMEETING AGENDA  MAYOR PAMNI HENDERSON COMMISSIONERS SCOTT DAVIS DAVID GRIGGS BOB PELLETIER KENNETH, AYERS, JR. ASHLEY ROBYCK, CITY CLERK  LORIDP KEVINOBOS, CITYATTORNEY  CALL TO ORDER ROLL CALL PRESENTATIONS  INVOCATION & PLEDGE OF ALLEGIANCE  Proclamation Presentation  Constitution Week BCSO August Statistics  September 15-21,2 2024 Deputy Kip McKenzie  MAYOR'S INSTRUCTIONS- Call for Additions/Deletions to the. Agenda.  PUBLICPARTICIPATION  Speakers must come to the podium to be heard. Comments are limited to three (3) minutes.  Public Participation will be heard at the end of Commission discussion. for each item and at the end oft the meeting for non-agenda items.  APPROVAL OF MINUTES  August 27,2024 Regular Meeting  PUBLIC HEARING  1. Ordinance 1098 2. Ordinance 1099 3. Ordinance 1100  SSCPA-1022 N. Tyndall Pkwy Rezoning- 10221 N. Tyndall Pkwy SSCPA- 1062 N. Tyndall Pkwy  REGULARAGENDA  4. Ordinance 1103 5. Ordinance 1104 6. - Ordinance 1105 7.1 BudgetAmendment 8. Task Order 9. Task Order 10. Bid Award  Flood Management SSCPA-140 Beulah Ave Rezoning- 140 Beulah Ave Sewer Treatment Cost  Dewpery-Chlorination Design Professional Services BDI- CEI 14Lift Station Rehabilitation Project CM2024-13 City Wide Fencing    COMMISSIONSTAFF COMMENTS PUBLICPARTICIPATION ANNOUNCEMENTS  All meetings will be held at the Callaway Arts & Conference Center, 500 Callaway Park Way,  Callaway, FL, unless otherwise noted.  September 17,2024 September 19, 2024 September24,2024  Planning Board Meeting (Potential) 6:00 p.m.  Final Budget Hearing Commission Meeting  5:01 p.m. 6:00 p.m.  ADJOURNMENT  AglRobyuk Ashley Robygk City Clerk  PURSUANT TO FLORIDA STATUTE 286.0105: Any person. who decides to appeal any decision made at a meeting(s) announced int this notice with respect to any matter considered ats such meeting(s) will need a record oft the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Any person requiring a special accommodation at this meeting because of a disability or physical impairment should contact Callaway's City Clerk, at 6601 E. Highway 22, Callaway, FL 32404; or by phone at (850) 871- Ify you are hearing or speech impaired, and youy possess TDD equipment, you may contact the City Clerk using the Florida Dual Party  6000 at least five calendar days prior tot the meeting.  Relay System, which can be reached at 1-800-955-8770 (Voice) or 1-800-955-7661 (TDD).    Citp of Callawap  Broclamation  bereas, the Constitution of the United States of America, the guardian of our liberties, hereas, September 17, 2024, marks the two hundred thirty-seventh anniversary of the drafting oft the Constitution oft the United States of America by the Constitutional Convention; and hereas, it is fitting and proper to officially recognize this magnificent document and the anniversary ofi its creation, as well as the patriotic celebrations which will commemorate the occasion;  embodies the principles of limited government in a Republic dedicated to rule by law; and  and  hereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 15th through September 21st as Constitution  Week.  ow, herefore, I, Pamn Henderson, by the virtue of the authority vested in me as Mayor of  the City of Callaway, do hereby proclaim the week of September 15-21 as  Constitution eek"  and urge all citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly  protecting the freedoms guaranteed to us through this guardian of our liberties.  3n itness lereof, Ihave hereunto set my hand and caused the Official Seal of the City of  Callaway, Florida to be affixed this 10th day of September 2024.  Citp of Callaway, Floriba  Pamn Henderson, Mayor  Attesteb:  Ashley Robyck, City Clerk        9  0o s E  85e 5        CITY OF CALLAWAY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES AUGUST 27,2024-6;00P-M.  The City of Callaway Commission meti ina a Regular Session on Tuesday, May 28, 2024. In attendance were Pamn Henderson, Mayor, David Griggs, Mayor Pro tem, and Commissioners Bob Pelletier, Scott Davis, and Kenneth. Ayers. Also in attendance were Eddie Cook, City Manager, Kevin Obos, City Attorney; Ashley Robyck, City Clerk; David Schultz, Director of Finance; Bill Frye, Director of Public Works; Brent The meeting was called to order by Mayor Henderson, followed by the Pledge of Allegiance and roll call. Deputy Kipl McKenzie presented the BCSO statistics for. July and also spoke on a comment made regarding officers on their phones. He gave insight as to what apps are available to officers to effectively and  Clayton, Leisure Services Foreman; and David Joyner, Fire Chief.  efficiently do their jobs safely as well as new radar system in patrol cars. MAYOR'S INSTRUCTIONS- Call for Additions/Deletions to the. Agenda; City Manager Cook asked to add the CEI for thel Boat Race Road Round-a-bout.  Motion:  Motion made by Commissioner Pelletier and seconded by Commissioner Ayers to add CEI Boat Race  Road Round-a-Bout. Motion carried unanimously.  APPROVAL OF MIINUTES August 13, 2024 August 20, 2024 Financial Statements  Regular Meeting Budget Workshop July 2024  City Clerk Robyck advised that in the Regular Meeting Minutes, there were several instances where Commissioner Ayers name was misspelled "Ayres," Under the TECO Partnership discussion, the SUE acronym stands for "Subsurface," not "Substance," and in the Budget Workshop, Commissioner Ayers mentioned speed "humps," not bumps. The official minutes have been amended to reflect these changes. Motion made by Commissioner Ayers and seconded by Commissioner Pelletier to approve the minutes of  Motion:  August 13, 2024, & August 20, 2024 as amended. Motion carried unanimously.  REGULAR AGENDA  Ordinance 1098 - Small Scale Comprehensive Plan Amendment- 1022 N. Tyndall Parkway  City Attorney Obos read the Ordinance as follows: City of Callaway Regular Meeting Minutes- - August 27,2024  Page 1    ORDINANCE! NO. 1098  AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CALLAWAY, ACTING UPON THE APPLICATION OF CALLAWAY LAND ACQUISITION, LLC, DESIGNATING FOR HIGH DENSITY RESIDENTIAL FUTURE LAND USE A CERTAIN PARCEL OF LAND LYING WITHIN THE CITY OF CALLAWAY, FLORIDA, CONSISTING OF APPROXIMATELY 16.44 MORE OR LESS ACRES; SAID PARCEL IS LOCATED AT 1022 NORTH TYNDALL PARKWAY, CALLAWAY, FLORIDA, PARCEL ID 06018-110-000, AS MORE PARTICULARLY DESCRIBED! IN THE BODY OF THE ORDINANCE; AMENDING THE CITY'S. FUTURE LAND USE MAP FOR HIGH DENSITY RESIDENTIAL DESIGNATION FOR THE PARCEL; REPEALING ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AS Bill Frye, Director of Public Works/Planning reviewed the application for a Small Scale Comprehensive Plan Amendment. He: advised it willl be a continuation to thej project which Commissioner Pelletier commented that it seems everything we are doing lately is High Density. He commented that we need more commercial property than homes. Mayor Henderson asked ift these will be rental units or for sale. Director Frye advised that what he knows about the previous project, it will be one single owner, gated community Doug Crook, Panhandle Engineering, advised that iti is the same developer, and hei imagines Commissioner Griggs commented on the original project, theyl have not started, thei number ofunits, and there were questions on that project regarding roads, access, and traffic light. Mr. Crook also advised that a lot of the property is not able to be developed due to being  PROVIDED BY LAW.  had a development order issued inl December of2023.  for rent.  itwill be part oft the original project.  Discussion ensued.  wetlands and most oft that is in the front.  Mayor Henderson called for Public Participation;  Anna Pelletier, 7724 Shadow Bay Drive, expressed concern regarding residential property on Tyndall Parkway citing concerns with school buses and kids. She also commented on the wetlands on thej property Teresa Langston. 6031 Lance St, disagrees with making this property residential citing concerns with Mr. Crook advised that regardless of the project type, the wetland and flood plain issues will have to be Jessy Jordan, 282 Hugh Thomas Drive, advised that she is against the project and the City needs to focus  and ifl Publix has already backed out because oft those issues, how would this work.  flooding, traffic on Tyndall Parkway and infrastructure. addressed as part of the development order. Discussion ensued. on infrastructure before approving High Density projects. City of Callaway Regular Meeting Minutes - August 27,2024.  Page 2    City Manager Cook advised that we are currently doing a master study on the water and sewer capacity and right now we have plenty of capacity. Discussion ensued regarding water and traffic capacity.  Motion:  Motion made by Commissioner. Ayers and seconded by Commissioner Griggs to approve Ordinance 1098. Motion carried 3-2 upon roll call vote with Commissioner Davis and Commissioner Pelletier  voting in opposition.  Ordinance 1099- - Rezoning 1022 N. Tyndall Parkway City Attorney Obos read the Ordinance as follows:  ORDINANCE NO. 1099  AN ORDINANCE REZONING FROM COMMERCIAL AND AGRICULTURAL TO RESIDENTAL MULTI FAMILY HIGH DENSITY THAT CERTAIN PARCEL OF LAND LYING WITHIN THE CITY OF CALLAWAY, FLORIDA, CONTAINING APROXIMATELY1644 ACRES; LOCATED AT: 1022 NORTH TYNDALL PARKWAY; PARCEL ID 06018-110-000; ALL AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; ANDI PROVIDING THAT THIS ORDINANCE  SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE. Director Frye advised this is for the rezoning for the same property.  Commissioner Griggs asked how many units is allowed with High Density. Director Frye advised that it allows for a minimum ofe eight units and a maximum oftwenty per acre.  Mayor Henderson called for Public Participation. have to be addressed in the development order.  Jessy Jordan, 282 Hugh Thomas Drive, commented on the need to a lot of parking for high density. She also asked why not make iti into ai natural area that citizens can enjoy. Mayor Henderson advised that would Teresa Langston, 6031I Lance Street, commented on location for parking and playground. She also stated that Commission already has their minds made up and that she does not feel the they care about what  citizens have to say.  Anna Pelletier, 7724 Shadow Bay Drive.stated that she is against this.  Commissioner Ayers asked about how much of this property is wetlands. Mr. Crook advised that it is Motion made by Commissioner Ayers and seconded by Commissioner Griggs to approve Ordinance 1099. Motion carried 3-2 upon roll call vote with Commissioner Davis and Commissioner Pelletier  roughly half. Discussion ensued.  Motion:  voting in opposition.  City ofCallaway Regular Meeting Minutes - August 27, 2024.  Page 3    Ordinance 1100 - Small Scale Comprehensive Plan Amendment- 1062 N. Tyndall Parkway  City Attorney Obos read the Ordinance as follows:  ORDINANCE NO. 1100  AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OFTHE CITY OF CALIAW/AV,ACTING UPON THE APPLICATION OF CALLAWAY LAND ACQUISITION, LLC, DESIGNATING FOR COMMERCIAL FUTURE LAND USE A CERTAIN PARCEL OF LAND LYING WITHIN THE CITY OF CALLAW/AY, FLORIDA, CONSISTING OF APPROXIMATELY 2.066 MORE OR LESS ACRES; SAID PARCEL IS LOCATED AT 1062 NORTH TYNDALL PARKWAY, CALLAWAY, FLORIDA, PARCEL ID 06018-115-000, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE; AMENDING THE CITY'S FUTURE LAND USE MAP FOR COMMERCIAL DESIGNATION FOR THE PARCEL; REPEALING ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW Director) Frye advised that part ofthis parcel is Agricultural and some is Commercial. The owner is wanting Commissioner Griggs stated he has no issue with this phase and changing the land use to Commercial. Commissioner Davis asked if the Agricultural designation came from back when this area was mostly Commissioner Griggs asked what the plan for this property is. Mr. Crook advised that the owner is not in the business of developing commercial properties and believes they are more likely wanting to sell the property and a commercial use from property line to property line would make that more sellable and  to change to all Commercial.  farmland. Director Frye confirmed.  valuable.  Mayor Henderson called for Public Participation; there was none.  Motion:  Motion made by Commissioner Griggs and seconded by Commissioner Ayers to approve Ordinance 1100 Small Scale Comprehensive Plan Amendment. Motion carried unanimously upon roll call vote.  City ofCallaway Regular Meeting Minutes - August 27, 2024.  Page 4    Ordinance 1101 - Rezoning 1062 N. Tyndall Parkway City Attorney Obos read the Ordinance as follows:  ORDINANCE NO.1101  AN ORDINANCE REZONING FROM COMMERCIAL AND AGRICULTURAL TO HIGHWAY COMMERCIAL THAT CERTAIN PARCEL OF LAND LYING WITHIN THE CITY OF CALLAWAY, FLORIDA, CONTAINING APPROXIMATELY 2.066 ACRES; LOCATED AT 1062 NORTH TYNDALL PARKWAY; PARCEL ID 06018-115-000; ALL AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT  IMMEDIATELY UPON ITS PASSAGE.  Commissioner Griggs stated that he would be in favor of semi commercial but believes we have enough of  Highway Commercial on Tyndall Parkway. Commissioner Pelletier agreed.  Mayor Henderson called for Public Participation.  Jessy Jordan, 282 Hugh Thomas Drive,asks that the board does not approve Highway Commercial. Motion made by Commissioner Ayers and seconded by Commissioner Griggs to approve Ordinance 1101. Motion failed 1-4 with Commissioners Griggs, Pelletier, Ayers & Mayor Henderson voting in  Motion: opposition.  Ordinance 1102-1 Rezoning 160 N. Star Avenue City Attorney Obos read the Ordinance as follows:  ORDINANCE NO. 1102  AN ORDINANCE REZONING FROM RESIDENTIAL MULTI FAMILY MEDIUM DENSITY TO RESIDENTIAL MULTI FAMILY HIGH DENSITY THAT CERTAIN PARCEL OF LAND LYING WITHIN THE CITY OF CALLAWAY, FLORIDA, CONTAINING APROAIMATEIY2159ACRESLOCATED AT160NORTH: STAR AVENUE; PARCEL ID 06511-000-000; ALL AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE  EFFECT IMMEDIATELY UPON ITS PASSAGE.  Director Frye advised that this property is currently zoned Multi-Family Medium Density and the owner is  requesting to change to Multi-Family High Density.  City of Callaway Regular Meeting Minutes August 27,2024.  Page 5    Commissioner Pelletier stated he was glad to see the Planning Board do the right thing and that high density Commissioner Griggs stated high density would allow 8-20 units and asked how many units medium density would allow. Director Frye advised the maximum is 9. He also stated that he does not agree with changing this property to high density and does not agree with the medium density it is now. He also Commissioner Davis commented on the issue with parking at current developments that leave little room  int that area does not belong.  complimented the Planning Board on their recommendation.  for parking on the property.  Mayor Henderson called for Public Participation;  Tom Abbot, 7604 Lilly Street, stated he was glad to hear that members oft the Commission believed the Planning Board looked at this from the right point of view and that he agrees citing traffic issues and Brian Katen, 7414Lilly Street, stated he appreciates comments Commission has made and does not know  flooding.  how they would build the max due to the easement, the setbacks, & retention. Patricia Deal, 7424) Lilly Street,expressed appreciation for considering not approving.  Keith Fulton, 7537 Lilly Street, would like the property to stay medium density and no access on Lilly Jim Bushey, 160N. Star Ave. stated he is here to represent the owner, he has spoke to neighbors, and they believed the City was ini need ofl housing and ifhe had known there was not a want for this, they would not have bothered. Mr. Bushey spoke on his projects in Panama City Beach and he would build beautiful Harry McNine, 7529 Lilly Street,stated this area is not designed for apartments and he is against this.  Street.  homes, not ruin the neighborhood.  Motion:  Motion made by Commissioner Ayers and seconded by Commissioner Griggs to approve Ordinance 1102  as amended. Motion failed unanimously.  Variance- Allow Model Home in East Bay Park  Director Frye advised that the owner is asking for a variance to go ahead and build a model home before Commissioner Ayers asked ift this would be one of the homes. Director Frye confirmed. Commissioner Pelletier asked how many homes there will be total. Director Frye advised there are 11  platting is done.  homes total.  Mayor Henderson asked ift these were single family. Director Frye Confirmed.  City of Callaway Regular Meeting Minutes - August 27, 2024.  Page 6    Commissioner Pelletier also asked what kind of problems would we run into if we do not have aj plat. City  Attorney Obos advised that any issues would be on the contractor, not the City. Mayor Henderson called for Public Participation; there was none.  Motion:  Motion made by Commissioner. Ayers and seconded by Commissioner Griggs to approve the Variance to  Allow a Model Home in East Bay Park. Discussion on Change Given in Utility Billing  Commissioner Pelletier advised that he did not realize the policy was changed but that Covid is over and he does not know what the problem would be to have change. He received seven emails that have been entered into the record from citizens about getting money back. He asked if we were having issues with City Manager Cook reviewed an analysis that was performed regarding accounts with overages. He also stated that there has been no complaints made until this was brought upa at the last commission meeting and Commissioner Ayers stated he believes that the people who sent an email, iti is aj preference and not actually paying their bill by cash. He also agrees with City Manager Cook that thej people paying by cash understand what the rules are and a positive balance toward the next bill is a good thing for them. Commissioner Pelletier stated that they have to go to the bank to make deposits and should not have an  change from the bank. City Manager Cook confirmed.  staff will do what Commission directs them to do. Discussion ensued.  issue with getting change. Discussion ensued. Mayor Henderson called for Public Participation.  Anna Pelletier, 7724 Shadow Bay Drive.commented that having one cash lane might be beneficial. Ron Shaner, 5711 Kevin Cir, stated that hej pays by check and commented on changing banks and rounding Billy Hall, 504 Camellia Ave.s stated that it does not make a difference what anyone says, the Commission Don Hennings, 431 Tanya Pass, stated that utility companies all over are going to payment by technology Teresa Langston, 6031 Lance Street, stated citizens should have a right to get change, that there should be at least one cash line for citizens that need it, and the Commission does not listen to Citizens. Paul Bohac, 7010 Mike Lane. stated that establishing a petty cash fund would add to the finance director and would hate to add more to what he has going on right now. He also commented on the maintenance of  totals, & credit card fees.  works for the citizens of Callaway and are taking their choice away.  and agrees to leave the policy how iti is.  cash tills.  Director Shultz explained the cash process in Utility Billing. Discussion ensued.  Direction from Commission was to leave the policy as is. City of Callaway Regular Meeting Minutes - August 27,2024.  Page 7    Bid Award- CM2024-13 City Wide Fencing- Bay County Fence  City Clerk Robyck advised that staffi issued anl Invitation to. Bid on Monday, August 5, 2024 with a closing date ofMonday, August 19,2024 and four bids werei received. Bay County Fence had the lowest bida amount of $86,500.00 and staff recommends awarding the contract to Bay County Fence in the not-to-exceed  amount of $86,500.  City Manager Cook reviewed what fences were included in this bid.  Commissioner Pelletier asked ift they can be sent the exhibit showing what fences are included. City Clerk  Robyck confirmed. Discussion ensued.  Mayor Henderson called for Public Participation; there was none.  Motion:  Motion made by Commissioner Griggs and seconded by Commissioner Ayers to approve the Bid Award  ofCM2024-13 to Bay County Fence in the not-to-exceed amount of $86,500.  Budget Amendment- Gore. Park Football Sound System  City Manager Cook reviewed the budget amendment request for a sound system at Gore Park. This will be Commissioner Ayers asked about controlling the speakers. City) Manager advised they willl be directional.  housed in the concession stand and will be used for football and baseball.  Mayor Henderson called for Public Participation; there was none.  Motion: Amendment.  Motion made by Commissioner Griggs and seconded by Commissioner. Davis to approve the Budget  Task Order- CEI Legislative Paving  City Manager Cook advised we are. just waiting on the state to approve to go out to bid sO this is for CEI ofthe Legislative Paving project that will include Boat Race Road, Big Oak Lane, and Hardwood Court.  Mayor Henderson called for Public Participation.  Motion:  Motion made by Commissioner Davis and seconded by Commissioner Griggs to approve the Task Order  for CEI Legislative Paving. Motion carried unanimously.  City of Callaway Regular Meeting Minutes August 27, 2024.  Page 8    CEI Boat Racel Road Round-A-Bout CEI for the round-a-bout. fees. Discussion ensued.  City Manager Cook advised this willl be bid out about a week apart oft the Legislative Paving and this is the Commissioner Ayers asked where thei funds are coming from. Mayor Henderson advised it is from impact  Commissioner Pelletier advised that he does not agree with the round-a-bout.  Mayor Henderson called for Public Participation.  Motion:  Motion made by Commissioner Griggs and seconded by Commissioner Davis to approve the CEI for the  Boat Race Road Round-A-Bout in the not-to-exceed amount of$65,802.50. COMMISSIONSTAEF COMMENTS - The following were points of discussion:  Scott Davis, Commissioner, WardI Veteran's Wall Phase Two Not truck signs-City Manager addressed Brittany Woods Broken Roads Street Sweeper David Griggs, Commissioner, Ward II Road paving list  Street Striping- City Manager addressed FPL & the need to trim around power lines  Bob Pelletier, Commissioner, Ward III  Traffic Concern at Poston Road coming off of] Hwy 2297  Amnesty Days- County is willing to enter a partnership but it would be our responsibility to  transport.  Other Commissioner's behavior. Kenneth Ayers, Commissioner, Ward IV Events Attended CPAR  Patriot Pointe Multi-Family Development on Gay Ave  Meeting with City Manager Property Tax notices Eddie Cook, City Manager Scoreboards update Fencing  Citizen request to lower speed limit on Michael Drive-Deputy McKenzie advised.  High Thomas Spine Road- In Environmental Sandy Creek- In Environmental Brittany Woods Park  City of Callaway Regular Meeting Minutes - August 27, 2024.  Page 9    Lift Station Rehabilitation Beacon Point Bid Berthe Bridge  Cherry Street & TECO issues. Discussion ensued.  PUBLIC: PARTICIPATION  Bill Fletcher, 7106 Mayo Cir.commented oni issues with water system in Callaway Point, continuous water leaks and having to have water leaks in his yard fixed. He also stated that the fill dirt under the sidewalk Kip McKenzie, BCSO, asked about established order of meetings and the difference between First  needs to be replaced as iti is getting washed out. Amendment rights and disorderly conduct.  John Hagan, 219 Collinfurst Drive.commented on the Amnesty Day with Bay County.  Jessy Jordan, 282 Hugh Thomas Drive.stated she is glad we will look at ethics and the way to conduct business, and that Commissioners need thick skin. She also commented on a recent water issue in her Teresa Langston, 6031 Lance Street, stated that she does not feel the Commissioners respect citizens. She also commented on the last Planning Board meeting missing public comment on the first Agenda item and Ron Shaner, 5711 Kevin Circle, commented on the sediment in water and it getting into water heater and Anna Pelletier, 7724 Shadow Bay Drive, commented on the Planning Board meeting and the missed public  neighborhood and the timeliness of notifying citizens.  referenced Florida Statute. City Attorney Obos addressed. the animals affected by planned development.  participation and the Chairman' s expressions in the audience.  ANNOUNCEMENTS  Mayor Henderson read the announcements as follows:  September 3, 2024 September! 5, 2025 September10,2024  Planning Board Meeting 1Budget Hearing Commission Meeting  6:00 p.m. 5:01 p.m. 6:00 p.m.  ADJOURNMENT  There being no further business, the meeting was adjourned at 9:17 p.m.  Attest:  Ashley Robyck, City Clerk  Pamn Henderson, Mayor  City of Callaway Regular Meeting Minutes - August 27, 2024.  Page 10    Agenda Item #  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: SEPTEMBER 10,2024  ITEM: ORDINANCE No. 1098 - SMALL SCALE COMP PLAN AMENDMENT = 1022 NORTH TYNDALL  PARKWAY. (2" READING) 1. PLACED ON AGENDA BY: Eddie Cook, City Manager  2. AGENDA: PRESENTATION PUBLIC HEARING OLD BUSINESS REGULAR  And  Bill Frye, Director of Public Works/Planning 3. IST THIS ITEM BUDGETED (IF APPLICABLE)?: YES No!  N/A  4. BACKGROUND: (WHy, WHAT, WHO, WHERE, WHEN, HOW, & DMTEYALATACNENT)  The request is for a Small-Scale Comprehensive Plan Amendment to change the Callaway Future Land Use Map. The property currently has a Future Land Use Designation of Commercial and Agricultural. The applicant Doug Crook P.E. Panhandle Engineering on behalf of Owner Ron Buckley is requesting that the City of Callaway amend the Future Land Use Map to provide the The subject property is approximately 16.44 acres. There is a mixture of property uses and allowances in that area. Therefore, changing the Future Land Use of subject property would be  property with a "High Density Residential" designation.  consistent with the surrounding area.  ATTACHMENTS:  Ordinance No. 1098 Vicinity Map Future Usel Land Map  5. REQUESTED MOTION/ACTION: Approval of the 2nd reading of Ordinance No. 1098 upon roll-call vote.    ORDINANCE: NO. 1098  AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CALLAWAV,ACTING UPON THE. APPLICATION OF CALLAWAYLAND ACQUISITION, LLC, DESIGNATING FOR HIGH DENSITY RESIDENTIAL FUTURE LAND USE A CERTAIN PARCEL OF LAND LYING WITHIN THE CITY OF CALLAWAY, FLORIDA, CONSISTING OF APPROXIMATELY 16.44 MORE OR LESS ACRES; SAID PARCEL IS LOCATED AT 1022 NORTH TYNDALL PARKWAY, CALLAWAY, FLORIDA, PARCEL ID 06018-110-000, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE; AMENDING THE CITY'S FUTURE LAND USE MAP FOR: HIGH DENSITY RESIDENTIAL DESIGNATION FOR THE PARCEL; REPEALING ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AS WHEREAS, the Callaway City Commission approved Ordinance No. 664, known as WHEREAS, the City Commission desires to amend the Future Land Use Map ("FLUM") contained within the City of Callaway Comprehensive Growth Development Plan to change the future land use designation for a certain parcel of land within the City; and  PROVIDED BY LAW.  "The City of Callaway Comprehensive Growth Development Plan"; and  WHEREAS, Callaway Land Acquisition, LLC, (the "Applicant"), submitted an application requesting an amendment to the Comprehensive Plan designating a certain parcel as  "High Density Residential"; and  WHEREAS, the Callaway Planning Board reviewed the proposed amendment, conducted a public hearing pursuant to Section 163.3174, Florida Statutes, on August 20, 2024,  and recommended approval; and  WHEREAS, the Applicant and the City have agreed that the property should be WHEREAS, the City Commission conducted a public hearing and two separate readings WHEREAS, on September 10, 2024, the City Commission conducted a properly noticed adoption hearing as required by Sections 163.3184 and 163.3187, Florida Statutes, and adopted  designated "High Density Residential"; and oft the Applicant's request; and  this Ordinance ini the course of that hearing; and  WHEREAS, the subject property involves a use of fifty (50) acres or less and the cumulative effect oft the acreage for all small scale amendments adopted by the City this calendar year, including the subject parcel, does not exceed 120 acres, and the subject parcels otherwise qualify for as small scale amendment pursuant to Section 163.3187(1), Florida Statutes; and WHEREAS, all conditions required for the enactment of this Ordinance to amend the City of Callaway Comprehensive Growth Development Plan to make respective FLUM  designation for the subject parcel have been met;  Page 1of3    NOW, THEREFORE, BE IT ORDAINED BY' THE CITY COMMISSION OF THE SECTION 1. The following described parcel of real property situated within the municipal limits of the City of Callaway, Florida, is designated High Density Residential future  OF THE CITY OF CALLAWAY, FLORIDA AS FOLLOWS:  land use under the City's Comprehensive Plan, to wit,  EXHIBIT"A"  and the City's Future Land Use Map is amended accordingly.  SECTION 2. SEVERABILITY. Ifany section, subsection, sentence, clause, phrase or portion oft this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity oft the remaining  portions thereof.  SECTION 3. CONFLICTS AND REPEALER. All ordinances or parts of ordinances SECTION 4. EFFECTIVE DATE. The Ordinance shall take effect as provided by PASSED, APPROVED AND ADOPTED at the regular meeting of the City  in conflict herewith are repealed to the extent of such conflict.  law.  Commission of the City ofCallaway, Florida, this 10th day of September, 2024.  CITY OF CALLAWAY, FLORIDA  By:  Pamn Henderson, Mayor  ATTEST:  Ashley Robyck, City Clerk  PASSED ONI FIRST! READING: AUGUST27,2024 NOTICE PUBLISHED ON: AUGUST28.2024 PASSED ON SECOND READING: SEPTEMBER 10,2024 APPROVED ASTOF FORM ANDI LEGAL SUFFICIENCY FOR THE CITY OF CALLAWAY  VOTEOFCOMMISSION:  Davis Griggs Pelletier Ayers Henderson  ONLY:  Kevin D. Obos, City Attorney  Page 2 of3    EXHIBIT "A" ORDINANCE NO. 1098 FOR 1022 NORTH TYNDALL PARKWAY PARCEL ID: 06018-110-000  AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CALLAWAY  Commence at the Southwest corner of Section 6, Township 4 South, Range 13 West, Bay County, Florida; thence South 87 degrees 03 minutes 55 seconds East along the South line of said Section 6 for 60.66 feet to the East right of way line of State Road No. 30-A; thence Northerly along said East right of way line as follows: North 00 degrees 46 minutes 27 seconds East for 779.45 feet; South 89 degrees 13 minutes 33 seconds East for 10.00 feet; North 00 degrees 46 minutes 27 seconds East for 1202.57 feet to the South line of a Department of Transportation Drainage right of way recorded in Official Records Book 400, Page 463; thence South 89 degrees 13 minutes 33 seconds East along said drainage right of way for 34.81 feet; thence North 06 degrees 04 minutes 27 seconds East along said drainage right of way for 89.69 feet to the Point of Beginning; thence continue along said drainage right of way as follows: North 06 degrees 04 minutes 27 seconds East for 118.39 feet; North 35 degrees 20 minutes 27 seconds East for 23.13 feet; North 54 degrees 39 minutes 33 seconds West for 33.00 feet; North 89 degrees 13 minutes 33 seconds West for 39.98 feet to said East right of way line of State Road No. 30-A; thence North 00 degrees 46 minutes 27 seconds East along said East right of way line for 224.06 feet; thence leaving said East right of way South 87 degrees 57 minutes 24 seconds East, for a distance of 450.00 feet; thence North 00 degrees 46 minutes 27 seconds East, for a distance of 200.00 feet to the North line of the Southwest quarter of said Section 6; thence South 87 degrees 57 minutes 24 seconds East along said North line for 829.59 feet to the East line of the West half of said Southwest quarter of Section 6; thence South 00 degrees 48: minutes 40 seconds West for 774.18 feet; thence North 87 degrees 57 minutes 24 seconds West for 400.09 feet; thence North 00 degrees 48 minutes 40 seconds East for 208.25 feet; thence North 89 degrees 13 minutes 33 seconds West for 549.22 feet; thence North 00 degrees 46 minutes 27 seconds East for 5.70 feet; thence North 89 degrees 13 minutes 33 seconds West for 286.90 feet  to the Point of Beginning.  Parcel Identification Number: 06018-110-000.  Page 3 of3    VONAL YNDALLM  id-Hepurs  IVONAL TIVONAL  -eDWI  TIVONALT    C e  KONed-TIePUIVONAL  KARd-RePUAF-TINONN-  T7VONAI 77VONAI  TVONAL  a  HILL    Agenda Item #2  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: SEPTEMBER 10, 2024  ITEM: ORDINANCE No. 1099 - REZONING OF PROPERTY AT 1022 NORTH TYNDALL PARKWAY. (2ND  READING) 1. PLACED ON AGENDA BY: EDDIE COOK, CITY MANAGER  2. AGENDA: PRESENTATION PUBLIC HEARING OLD BUSINESS REGULAR  &  BILL FRYE, PLANNING/PUBLIC WORKS DIRECTOR 3. IST THIS ITEMI BUDGETED (IF APPLICABLE)? YES No[  N/A  4. - BACKGROUND: (WHY, WHAT, WHO, WHERE, WHEN, HOW, &1 IDENTIFY ALLATTACHMENTS)  Doug Crook P.E., Panhandle Engineering; on behalf of property owner Ron Buckley, has submitted to the City of Callaway a Rezoning Application from Commercial and Agricultural to Residential Multi Family High Density for property located 1022 North Tyndall Parkway, Parcel ID 06018-110-000. The property is Planning staff has analyzed the proposed rezoning and finds that all of the information given is true  approximately 16.44 acres.  and accurate to the best ofits knowledge.  ATTACHMENTS:  Ordinance No. 1099 Zoning Map  REQUESTED MOTION/ACTION: Approval oft the 2ndi reading of Ordinance No. 1099 for Rezoning, upon  roll-call vote.    ORDINANCE NO.1 1099  AN ORDINANCE REZONING FROM COMMERCIAL AND AGRICULTURAL TO RESIDENTAL MULTI FAMILY HIGH DENSITY THAT CERTAIN PARCEL OF LAND LYING WITHIN THE CITY OF CALLAWAY, FLORIDA, CONTAINING APPROXIMATELY 16.44 ACRES; LOCATED AT 1022 NORTH TYNDALL PARKWAY; PARCEL ID 06018-110-000; ALLASMORE PARTICULARLYDESCRIBED INTHE BODY OF THE ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT  IMMEDIATELY UPONI ITSPASSAGE.  WHEREAS, Callaway Land Acquisition, LLC, the owner oft the real property designated herein, has initiated this ordinance by filing aj petition with the City praying that said real property, being more particularly described below be rezoned from Commercial and Agricultural to  Residential Multi Family High Density as shown below; and  WHEREAS, this ordinance changes only the zoning map designation of the real property WHEREAS, the City ofCallaway Planning Board reviewed the proposed zoning change, WHEREAS, based upon competent substantial evidence adduced in aj properly advertised public hearing conducted on September 10. 2024, the City found the requested change to be consistent with the currently applicable Comprehensive Growth Development Plan and to  described herein; and  conducted aj public hearing on August 20, 2024, and recommended approval; and  reasonably accomplish a legitimate public purpose. CITY OF CALLAWAY, FLORIDA:  NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE SECTIONI. The following described parcel ofr real property situate within the municipal limits oft the City ofCallaway, Florida, is rezoned from Commercial and Residential tol Residential  Multi Family High Density to wit,  SEE ATTACHED AND INCORPORATED EXHIBIT "A'  and the City'sz zoning map is amended accordingly. repealed to the extent of such conflict.  SECTION 2. All Ordinances or parts of ordinances in conflict herewith are hereby  SECTION3. This ordinance shall take effecti immediately upon passage.  PASSED, APPROVED AND ADOPTED at the regular meeting ofthe City Commission  oft fthe City of Callaway, Florida, this 10th day of September 2024.  Page 1 of4    CITY OF CALLAWALELORIDA  By:  Pamn Henderson, Mayor  ATTEST:  Ashley Robyck City Clerk  PASSED ONI FIRST READING: AUGUST27,2024 NOTICE PUBLISHED ON: AUGUST 28.2024 PASSED ON SECOND READING: SEPTEMBER 10,2024 APPROVED. ASTOI FORM. ANDI LEGAL SUFFICIENCY! FOR THE CITY OF CALLAWAY  VOTE OF COMMISSION:  Davis Griggs Pelletier Ayers Henderson  ONLY:  Kevin Obos, City Attorney  Page 2 of 4    EXHIBIT"A" ORDINANCE NO. 1099 REZONING FOR 1022 NORTH1 TYNDALL PARKWAY PARCEL ID 06018-110-000  Commence at the Southwest corner of Section 6, Township 4 South, Range 13 West, Bay County, Florida; thence South 87 degrees 03 minutes 55 seconds East along the South line of said Section 61 for 60.66 feet to the East right of way line of State Road No. 30-A; thence Northerly along said East right of way line as follows: North 00 degrees 46 minutes 27 seconds East for 779.45 feet; South 89 degrees 13 minutes 33 seconds East for 10.00 feet; North 00 degrees 46 minutes 27 seconds East for 1202.57 feet to the South line of a Department of Transportation Drainage right ofway recorded in Official Records Book 400, Page 463; thence South 89 degrees 13 minutes 33 seconds East along said drainage right of way for 34.81 feet; thence North 06 degrees 04 minutes 27 seconds East along said drainage right of way for 89.69 feet to the Point of Beginning; thence continue along said drainage right of way as follows: North 06 degrees 04 minutes 27 seconds East for 118.39 feet; North 35 degrees 20 minutes 27 seconds East for 23.13 feet; North 54 degrees 39 minutes 33 seconds West for 33.00 feet; North 89 degrees 13 minutes 33 seconds West for 39.98 feet to said East right of way line of State Road No. 30-A; thence North 00 degrees 46 minutes 27 seconds East along said East right of way line for 224.06 feet; thence leaving said East right of way South 87 degrees 57 minutes 24 seconds East, for a distance of 450.00 feet; thence North 00 degrees 46 minutes 27 seconds East, for a distance of 200.00 feet to the North line of the Southwest quarter of said Section 6; thence South 87 degrees 57 minutes 24 seconds East along said North line for 829.59 feet to thel East line ofthe West halfofs said Southwest quarter of Section 6; thence South 00 degrees 48 minutes 40 seconds West for 774.18 feet; thence North 87 degrees 57 minutes 24 seconds West for 400.09 feet; thence North 00 degrees 48 minutes 40 seconds East for 208.25 feet; thence North 89 degrees 13 minutes 33 seconds West for 549.22 feet; thence North 00 degrees 46 minutes 27 seconds East for 5.70 feet; thence North 89 degrees 13 minutes 33  seconds West for 286.90 feet to the Point of Beginning. Parcel Identification Number: 06018-110-000.  Page 3 of 4    8  yndell-Pkwy  3  Page 4 of 4        Agenda Item # 3  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: SEPTEMBER 10, 2024  ITEM: ORDINANCE No. 1100 = SMALL SCALE COMP PLAN AMENDMENT - 1062 NORTH TYNDALL  PARKWAY. (2" READING) 1. PLACED ON AGENDA BY: Eddie Cook, City Manager  2. AGENDA: PRESENTATION PUBLIC HEARING OLD BUSINESS REGULAR  And  Bill Frye, Director of Public Works/Planning 3. IST THIS ITEM BUDGETED (IF APPLICABLE)?: YES No  N/A  4. BACKGROUND: (WM.VHAL.VHO.WHERE: WHEN,HOW, & IDENTIFY ALLA ATTACHMENTS  The request is for a Small-Scale Comprehensive Plan Amendment to change the Callaway Future Land Use Map. The property currently has a Future Land Use Designation of Commercial and Agricultural. The applicant Doug Crook P.E. Panhandle Engineering on behalf of Owner Ron Buckley is requesting that the City of Callaway amend the Future Land Use Map to provide the The subject property is approximately 2.066 acres. There is a mixture of property uses and allowances in that area. Therefore, changing the Future Land Use of subject property would be  property with a "Commercial" designation.  consistent with the surrounding area.  ATTACHMENTS:  Ordinance No. 1100 Vicinity Map Future Use Land Map  5. REQUESTED MOTION/ACTION: Approval oft the 2nd reading of Ordinance No. 1100 upon roll-call vote.    ORDINANCE NO. 1100  AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CALLAWAY,ACTING UPONT THE APPLICATION OF CALLAWAYI LAND ACQUISITION, LLC, DESIGNATING FOR COMMERCIAL FUTURE LAND USE A CERTAIN PARCEL OF LAND LYING WITHIN THE CITY OF CALLAWAY, FLORIDA, CONSISTING OF APPROXIMATELY 2.066 MORE OR LESS ACRES; SAID PARCEL IS LOCATED AT 1062 NORTH TYNDALL PARKWAY, CALLAWAY, FLORIDA, PARCEL ID 06018-115-000, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE; AMENDING THE CITY'S FUTURE LAND USE MAP FOR COMMERCIAL DESIGNATION FOR THE PARCEL; REPEALING ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BYI LAW. WHEREAS, the Callaway City Commission approved Ordinance No. 664, known as WHEREAS, the City Commission desires to amend the Future Land Use Map ("FLUM") contained within the City of Callaway Comprehensive Growth Development Plan to change the future land use designation for a certain parcel ofland within the City; and  "The City of Callaway Comprehensive Growth Development Plan"; and  WHEREAS, Callaway Land Acquisition, LLC (the "Applicant"), submitted an application requesting an amendment to the Comprehensive Plan designating a certain parcel as  "Commercial" and  WHEREAS, the Callaway Planning Board reviewed the proposed amendment, conducted a public hearing pursuant to Section 163.3174, Florida Statutes, on August 20, 2024,  and recommended approval; and designated "Commercial"; and oft the Applicant'srequest, and  WHEREAS, the Applicant and the City have agreed that the property should be WHEREAS, the City Commission conducted aj public hearing and two separate readings WHEREAS, on September 10. 2024, the City Commission conducted a properly noticed adoption hearing as required by Sections 163.3184 and 163.3187, Florida Statutes, and adopted  this Ordinance int the course of that hearing; and  WHEREAS, the subject property involves a use of fifty (50) acres or less and the cumulative effect oft the acreage for all small scale amendments adopted by the City this calendar year, including the subject parcel, does not exceed 120 acres, and the subject parcels otherwise qualify for a small scale amendment pursuant to Section 163.3187(1), Florida Statutes; and WHEREAS, all conditions required for the enactment of this Ordinance to amend the City of Callaway Comprehensive Growth Development Plan to make respective FLUM  designation for the subject parcel have been met;  Page 1 of3    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE SECTION 1. The following described parcel of real property situated within the municipal limits ofthe City of Callaway, Florida, is designated for "Commercial" future land use  OF THE CITY OF CALLAWAY, FLORIDA AS FOLLOWS:  under the City's Comprehensive Plan, to wit,  EXHIBIT"A"  and the City's Future Land Use Map is amended accordingly.  SECTION 2. SEVERABILITY. Ifany section, subsection, sentence, clause, phrase or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining  portions thereof.  SECTION 3. CONFLICTS AND REPEALER. All ordinances or parts of ordinances SECTION 4. EFFECTIVE DATE. The Ordinance shall take effect as provided by PASSED, APPROVED AND ADOPTED at the regular meeting of the City  in conflict herewith are repealed to the extent of such conflict.  law.  Commission of the City of Callaway, Florida, this 10th day of September 2024.  CITYOF CALLAWAY, FLORIDA  By:  Pamn Henderson, Mayor  ATTEST:  Ashley Robyck, City Clerk  PASSED ON FIRST READING: AUGUST27,2024 NOTICE PUBLISHED ON: AUGUST 4 28,2024 PASSED ON SECOND READING: SEPTEMBER 10,2024 APPROVED AS TOI FORM ANDI LEGAL SUFFICIENCY FOR THE CITY OF CALLAWAY  VOTEOFCOMMISSION:  Davis Griggs Pelletier Ayers Henderson  ONLY:  Kevin D. Obos, City Attorney  Page 2of3    EXHIBIT "A" ORDINANCE NO. 1100 FOR 1062 NORTHTYNDALL PARKWAY PARCEL ID: 06018-115-000  AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CALLAWAY  Commence at the Southwest corner of Section 6, Township 4 South, Range 13 West, Bay County, Florida; thence South 87 degrees 03 minutes 55 seconds East along the South line of said Section 6 for 60.66 feet to the East right of way line of State Road No. 30-A; thence Northerly along said East right of way line as follows: North 00 degrees 46 minutes 27 seconds East for 779.45 feet; South 89 degrees 13 minutes 33 seconds East for 10.00 feet; North 00 degrees 46 minutes 27 seconds East for 1202.57 feet to the South line of a Department of Transportation Drainage right of way recorded in Official Records Book 400, Page 463; thence South 89 degrees 13 minutes 33 seconds East along said drainage right of way for 34.81 feet; thence North 06 degrees 04 minutes 27 seconds East along said drainage right of way for 89.69 feet; thence continue along said drainage right of way as follows: North 06 degrees 04 minutes 27 seconds East for 118.39 feet; North 35 degrees 20 minutes 27 seconds East for 23.13 feet; North 54 degrees 39 minutes 33 seconds West for 33.00 feet; North 89 degrees 13 minutes 33 seconds West for 39.98 feet to said East right of way line of State Road No. 30-A; thence North 00 degrees 46 minutes 27 seconds East along said East right of way line for 224.06 feet to the Point of Beginning; thence North 00 degrees 46 minutes and 27 seconds East along said East right of way line for 200.00 feet to the North line of the Southwest quarter of said Section 6; thence South 87 degrees 57 minutes 24 seconds East along said North line for 450.00 feet; thence leaving said North line South 00 degrees 46 minutes 27 seconds West, for a distance of 200.00 feet; thence North 87 degrees 57 minutes 24 seconds West, for a distance of 450.00 feet  to the Point of Beginning.  Page 3 of3    - NV  0 00  YNDALL YNDALL Tyundall 0 -  NDAL  YNDALL  e    Future Land Use  5508 1141 5500 1139 5504 1Z  5406 5418  11TH14--S4  1023  902  918  801,809/819  8/15/2024, 1:35:54 PM Parcels Callaway City Limits Future Land Use AGTA Agriculture Timberland  GCOM General Commercial VHI Commercial   Mixed Use  RES Residential High Density Residential  Agriculture Undesignated  General Commercial Undesignated  Esri FDEP, Communily e OpenStre Ma    Agenda Item #  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE:SEPTEMBER 26. 2023  ITEM: ORDINANCE No. 1103- FLOOD MANAGEMENT  1. PLACED ON AGENDA BY: Eddie Cook, City Manager  2. AGENDA: PRESENTATION PUBLIC HEARING OLDI BUSINESS REGULAR  And  Bill Frye, Director of] Public Works/Planning  3. ISTHIS ITEM BUDGETED (IF APPLICABLE)?: YEs NoD  N/A  4.1 BACKGROUND: (WHY, WHAT, WHO, WHERE, WHEN,HOW, & IDENTIFY ALL ATTACHMENTS)  FEMA will be adopting the new flood maps on October 24, 2024. Ordinance #1103 will align the City of Callaway with the new maps and authorize stafft to enforce them as required by the NFIP and With the assistance of Rebecca Quinn of RCQuinn Consulting, Michael Burchette, CFM, Deputy flood plain manager with Florida Division of Emergency Management, and our City Attorney's office, Ordinance 1103 has been drafted to meet requirements of the State of Florida and the City of  FEMA.  Callway.  ATTACHMENT:  Ordinance No. 1103 Letter from FEMA  5. REQUESTED MOTION/ACTION:  Approval oft the first reading of Ordinance No. 1089 upon roll-call vote.    ORDINANCE NO.1 1103  AN ORDINANCE OF THE CITY OF CALLAWAY, FLORIDA, AMENDING THE CITY'S CODE OF ORDINANCES AND LAND MANAGEMENT; UPDATING THE DATE OF THE. FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE MAPS; REFORMATTING LOCAL AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND  DEVELOPMENT  REGULATIONS  RELATED TO FLOOD  PROVIDING FOR AN EFFECTIVE DATE.  WHEREAS, the Legislature of the State of Florida has, in Chapter 166 - Municipalities, 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 Callaway participates in the National Flood Insurance Program; WHEREAS, the Federal Emergency Management Agency has revised and reissued the Flood Insurance Study for Bay County, Florida and Incorporated Areas, with an effective date of  and  October 24, 2024; and  WHEREAS, the City Commission has determined that it isi in the public interest to amend its flood management regulations to identify the effective date of the revised Flood Insurance WHEREAS, Chapter 553, Florida Statutes, allows for local administrative and technical amendments to the Florida. Building Code that provide for more stringent requirements than those specified in the Code and allows adoption ofl local administrative and local technical amendments to the Florida Building Code to implement the National Flood Insurance Program and incentives;  Study and Flood Insurance Rate Maps.  and  WHEREAS, the City previously adopted local amendments to the Florida Building Code  and is reformatting those amendments as part oft the floodplain management regulations.  NOW, THEREFORE, BE IT ORDAINED by the Commission of the City of  Callaway, Florida:  SECTION 1. From and after the effective date of this Ordinance, Section 15.715 of the City's Land Development Regulations related to Flood Damage Protection is amended to read as follows (new text bold and underlined, deleted text struekthrough):  1    ARTICLE VII. DESIGN STANDARDS AND DEVELOPMENT CRITERIA  Sec. 15.715. Flood damage protection. Sec. 15.715.1. General.  (a) Title. These regulations shall be known as the Flood Damage Protection Regulations of City (b) Scope. The provisions of this section shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of (c) Intent. The purposes of this section and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development ini flood hazard areas to:  of Callaway, hereinafter referred to as "this section."  swimming pools; and any other development.  (1) times oft flooding: (2) minimize future flood damage; (3) or erosion potential; (4) (5) (6) (7) (8)  Minimize unnecessary disruption of commerce, access and public service during Require the use of appropriate construction practices in order to prevent or Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage ofe equipment or materials, and other development which may increase flood damage Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; Help maintain a stable tax base by providing for the sound use and development Minimize the need for future expenditure of public funds for flood control projects Meet the requirements of the National Flood Insurance Program for community  Minimize damage to public and private facilities and utilities;  of flood hazard areas;  and response to and recovery from flood events; and  participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. (d) Coordination with the Florida Building Code. This section is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. (e) Warning. The degree of flood protection required by this section and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This section does noti imply that land outside of mapped special flood hazard areas, or that uses permitted  2    within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained int the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is () Disclaimer of liability. This section shall not create liability on the part of City Commission of City of Callaway or by any officer or employee thereof for any flood damage that results from reliance on this section or any administrative decision lawfully made thereunder.  implied or expressed by compliance with this section.  Sec. 15.715.2. Applicability.  (a) General. Where therei is a conflict between a general requirement and a specific requirement, (b) Areas to which this section applies. This section shall apply to all flood hazard areas within the City of Callaway, as established in Section 15.715.2(c) of this section. Basis for establishing flood hazard areas. The Flood Insurance Study for Bay County, Florida and Incorporated Areas dated June 2, 2009-October 24, 2024, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this section 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 Department of Public (d) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 15.715.5 of this section the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this section and, as applicable, the requirements of the Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that (e) Other laws. The provisions of this section shall not be deemed to nullify any provisions of (f) Abrogation and greater restrictions. This section supersedes any ordinance in effect for management of development ini flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. Int the event of a conflict between this section and any other ordinance, the more restrictive shall govern. This section shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this section. (g) Interpretation. In the interpretation and application of this section, all provisions shall be:  the specific requirement shall be applicable.  Works/Planning.  community indicates that ground elevations:  (1)  Florida Building Code.  (2)  removes the area from the special flood hazard area.  local, state or federal law.  (1)  Considered as minimum requirements;  3    (2) (3)  Liberally construed in favor oft the governing body; and  Deemed neither to limit nor repeal any other powers granted under state statutes.  Sec. 15.715.3. Duties and powers of the floodplain administrator.  (a) Designation. The Director of Planning is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. (b) General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions oft this section. The Floodplain Administrator shall have the authority to render interpretations of this section consistent with the intent and purpose of this section and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this section without the granting of a variance pursuant to Section (c) Applications and permits. The Floodplain Administrator, in coordination with other pertinent  15.715.7 of this section. offices oft the community, shall: will be located in flood hazard areas;  (1) (2) (3) (4) (5) (6) (7)  Review applications and plans to determine whether proposed new development Review applications for modification of any existing development in flood hazard Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have  areas for compliance with the requirements of this section;  the opportunity to appeal the interpretation;  Provide available flood elevation and flood hazard information;  Determine whether additional flood hazard data shall be obtained from other Review applications to determine whether proposed development will be Issue development permits for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this section is demonstrated, Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas (d) Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction oft the proposed work; in the case of repair, the market value  sources or shall be developed by an applicant; reasonably safe from flooding;  or disapprove the same in the event of noncompliance; and comply with the applicable provisions oft this section.  (8)  coordination with the Building Official, shall:  (1)  4    oft the building or structure shall be the market value before the damage occurred and before Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this section is required. (e) Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the (f) Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this (g) Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 15.715.6 of this section for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development (h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other  any repairs are made;  (2) (3)  ifa applicable, tot the market value of the building or structure;  'substantial improvement"; and  (4)  granting of a variance pursuant to Section 15.715.7 of this section.  section.  is undertaken without issuance of a permit. duties, including but not limited to:  (1) (2)  Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall by this section and the Florida Building Code to determine that such certifications and  pursuant to Section 15.715.3(d) of this section;  Management Agency (FEMA);  (3)  Require applicants who submit hydrologic and hydraulic engineering analyses to  be made within 6 months of such data becoming available;  (4) (5)  Review required design certifications and documentation of elevations specified Notify the Federal Emergency Management Agency when the corporate  documentations are complete;  boundaries of the City of Callaway are modified; and  5    (6)  Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." Floodplain management records. Regardless of any limitation on the period required for retention of publici 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 section 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 of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this section; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this section and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Department of Public Works/Planning.  Sec. 15.715.4. Permits.  (a) Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this section, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this section and all other applicable codes and regulations has been (b) Development permits. Development permits shall be issued pursuant to this section for any development activities not subject tot the requirements oft the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a development permit is required in addition to (c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), development permits shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this section:  satisfied.  al building permit.  (1) (2) (3) (4) (5)  Railroads and ancillary facilities associated with the railroad. Nonresidential farm buildings on farms, as provided in section 604.50, F.S. Temporary buildings or sheds used exclusively for construction purposes. Mobile or modular structures used as temporary offices. Those structures or facilities of electric utilities, as defined in section 366.02, F.S.,  which are directly involved in the generation, transmission, or distribution of electricity.  6    (6)  Chickees constructed by the Miccosukee Tribe of Indians of Florida or the  Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor  does not incorporate any electrical, plumbing, or other non-wood features.  (7) (8) (9) Rate Maps.  Family mausoleums not exceeding 250 square feet in area which are prefabricated Temporary housing provided by the Department of Corrections to any prisoner in Structures dentified ins section 553.73(10)(k), F.S., are not exempt from the Florida  constructed of granite, marble, or reinforced concrete.  the state correctional system.  Building Code if such structures are located ini flood hazard areas established on Flood Insurance (d) Application for a permit. To obtain a development permit the applicant shall first file an application in writing on a form furnished by the community. The information provided shall:  (1) (2) site. (3) (4) 15.715.5 of this section. (5) (6) (7)  Identify and describe the development to be covered by the permit. Describe the land on which the proposed development is to be conducted by legal Indicate the use and occupancy for which the proposed development is intended. Be accompanied by a site plan or construction documents as specified in Section  description, street address or similar description that will readily identify and definitively locate the  State the valuation of the proposed work.  Be signed by the applicant or the applicant's authorized agent.  Give such other data and information as required by the Floodplain Administrator.  (e) Validity of permit. The issuance of a development permit pursuant to this section shall not be construed to be a permit for, or approval of, any violation of this section, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Expiration. A development permit shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended ora abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be (g) Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a development permit ift the permit was issued ine error, on the basis ofi incorrect, inaccurate or incomplete information, or in violation of this section or any other ordinance, regulation or (h) 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 (1) The Northwest Florida Water Management District; section 373.036, F.S.  Administrator from requiring the correction of errors and omissions.  (f)  demonstrated.  requirement of this community.  of the permitted development, including but not limited to the following:  7    (2) Florida Department of Health for onsite sewage treatment and disposal systems; (3) Florida Department of Environmental Protection for activities subject to the Joint (4) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404  section 381.0065, F.S. and Chapter 64E-6, F.A.C. Coastal Permit; section 161.055, F.S.  of the Clean Water Act.  (5) Federal permits and approvals. Sec. 15.715.5. Site plans and construction documents. and shall include, as applicable to the proposed development:  (a) Information for development in flood hazard areas. The site plan or construction documents for any development: subject tot the requirements oft this section shall be drawn to scale (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 15.715.5(b)(2) (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with (4) Location oft the proposed activity and proposed structures, and locations ofe existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of (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 proposedi fill areas are the minimum necessary to achieve the intended purpose. (7) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. (8) Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this section but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review ofsuchs submissions is not necessary to ascertain compliance (b) Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not  or (3) oft this section.  Section 15.715.5(b)(1) of this section. the reach of mean high tide. excavation.  with this section.  been provided, the Floodplain Administrator shall: with currently accepted engineering practices.  (1) Require the applicant toi include base flood elevation data prepared in accordance  8    (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from at federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) 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 knownt to be scientifically or technically  incorrect or otherwise inadequate:  a. b.  Require the applicant to include base flood elevation data prepared in Specify that the base flood elevation is two (2) feet above the highest  accordance with currently accepted engineering practices; or flood depths have been or may be greater than two (2) feet.  adjacent grade at the location oft the development, provided there is no evidence indicating (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to (c) Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have thet following analyses signed and sealed by al Florida licensed engineer for submission (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 15.715.5(d) of this section and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in ar mannerv which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 15.715.5(d) of (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration (d) Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has  satisfy the submittal requirements and pay the processing fees.  with the site plan and construction documents:  documents.  Zone AO or Zone AH.  this section.  will not increase the potential for flood damage.  9    the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries ofi flood hazard areas shown on! FIRMS, and tos submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the  responsibility of the applicant. Sec. 15.715.6. Inspections.  (a) General. Development for which a development permit is required shall be subject to (b) Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this section and the (c) Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this section and the conditions ofi issued (d) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, (1) Ifad design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida (2) Ifthe elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 15.715.5()(3)) of this section, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's (e) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part oft the final inspection, the owner or owner's authorized agent shall submit tot the Floodplain Administrator at final certification ofe elevation oft thel lowest floor ori final documentation of thel height oft the lowest floor above the highest adjacent grade; such certifications and documentations shall Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements oft this section and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator.  inspection.  conditions of issued development permits.  development permits.  or the owner's authorized agent, shall submit to the Floodplain Administrator:  licensed professional surveyor; or  authorized agent.  be prepared as specified in Section 15.715.6(d) of this section.  ()  (Ord. No. 1032,4, 4-13-21)  Sec. 15.715.7. Variances and appeals.  (a) General. The Development Review Board shall hear and decide on requests for appeals and requests for variances from the strict application of this section. Pursuant to section 553.73(5), F.S., the Development Review Board shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. The public notice and participation requirements for  variances outlined in the Land Development Code shall apply.  10    (b) Appeals. The Development Review Board shall hear and decide appeals when iti is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator ini the administration and enforcement oft this section. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes. (c) Limitations on authority to grant variances. The Development Review Board shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 15.715.7(h) of this section, the conditions of issuance set forth in Section 15.715.7() of this section, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Development Review Board has the right to attach such conditions as it deems necessary to further the purposes and objectives of this section. (d) Restrictions in floodways. A variance shall not be issued for any proposed development inaf floodway if anyi increase in base flood elevations would result, as evidenced by the applicable (e) Flowage easements. No variance that would increase flood damage on other property shall be granted unless flowage easements have been obtained from the owners of all affected Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation ofa al historic building that is determined eligible fort the exception tot the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design oft the building. If the proposed work precludes the building's continued designation as al historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the (g) Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this section, provided the variance meets the requirements of Section 15.715.7(d), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. (h) Considerations for issuance of variances. In reviewing requests for variances, the Development Review Board shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this section, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood (4) The importance of the services provided by the proposed development to the (5) The availability of alternate locations for the proposed development that are (6) The compatibility of the proposed development with existing and anticipated  analyses and certifications required in Section 15.715.5(c) of this section.  properties. ()  requirements of the Florida Building Code.  further injury or damage;  damage and the effect of such damage on current and future owners;  community;  subject to lower risk of flooding or erosion;  development;  11    (7) The relationship of the proposed development to the comprehensive plan and (8) The safety of access to the property in times of flooding for ordinary and (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and  floodplain management program for the area;  emergency vehicles;  water systems, streets and bridges.  ()  Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with  any provision of this section or the required elevation standards;  (2) Determination by the Development Review Board that:  a. b.  Failure to grant the variance would result in exceptional hardship due to the The granting of a variance will not result in increased flood heights,  physical characteristics of the land that render the lot undevelopable; increased costs to additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and  satisfy the requirements or inconvenience do not constitute hardship;  ordinances; and C. afford relief;  The variance is the minimum necessary, considering the flood hazard, to  (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office oft the Clerk oft the Court in such a manner that it appears in the chain of (4) Ift the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation  title of the affected parcel of land; and  increases risks to life and property. Sec. 15.715.8. Violations.  (a) Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this section that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this section, shall be deemed a violation of this section. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this section or the Florida Building Code is presumed to be a violation until such time as that documentation is (b) Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this section and that is determined to be a violation, the Floodplain  provided.  12    Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. (c) Penalties for violation. Any person who violates this Section or fails to comply with any of its requirements shall, upon adjudication thereof, be fined not more than $500.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Callaway from taking such other lawful actions as is necessary to prevent or remedy any violation.  Sec. 15.715.9. Definitions.  Unless otherwise expressly stated, the following words and terms shall, for the purposes of this section, have the meanings shown in this section ori in Section 15.205. Where terms are not defined in this section and are defined in the Florida Building Code, such terms shall have the meanings ascribed tot them in that code. Where terms are not defined in this section or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Accessory structure/accessory structure (appurtenant structure) means a structure which is located ont the same parcel of property as the principle structure and the use of which is incidental to the use of the principle structure. Accessory structures must be used only for parking and storage, should constitute a minimal initial investment, may not be used for human habitation, and must be designed to have minimal flood damage potential. Examples of accessory structures are Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. ASCE 24 means the standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Base flood means the flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.]T The base flood is commonly referred to as the Base flood elevation means the elevation of the base flood, including wave height, relative tot the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified ont the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.] Basement means the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202; see "Basement (for flood loads)"] Coastal high hazard area means a special flood hazard area extending from offshore to the inland limit of a 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 areas subject to high velocity wave action" or "VZ Zones" and are designated Critical facility means a facility for which even a slight chance of flooding might impair the facility's ability to serve its intended function. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire andemergency response installations, and facilities that produce, use or store hazardous materials or hazardous waste. The term includes buildings and structures assigned to Flood Design Class 3 and Flood Design Class 4 in accordance with  detached garages, carports, storage sheds, pole barns, and hay sheds.  Society of Civil Engineers, Reston, VA.  "100-year flood" or the -percent-annual chance flood."  on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.  ASCE 24.  13    Design flood means the flood associated with the greater of the following two areas: [Also  defined in FBC, B, Section 202.]  (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as ai flood hazard area ont the community's flood hazard map, or otherwise legally  designated.  Design flood elevation means the elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.] Development means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, Elevation Certificate means the FEMA Elevation Certificate form issued by FEMA for the collection of information and elevations for specific buildings in flood hazard areas. The FEMA Elevation Certificate, FEMA Form 086-0-33 (or successor form), is revised and reissued periodically. Applicants and permittees shall use the edition current as of the date of submission. Encroachment means the placement of fill, excavation, buildings, permanent structures or other development into ai flood hazard area which may impede or alter the flow capacity of riverine Existing building and existing structure means any buildings and structures for which the "start of construction" commenced before July 16, 1980. [Also defined in FBC, B, Section 202.] Federal Emergency Management. Agency (FEMA) means the federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood damage-resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more Flood hazard area means the greater of the following two areas: [Also defined in FBC, B,  excavations, drilling operations or any other land disturbing activities.  flood hazard areas.  than cosmetic repair. [Also defined in FBC, B, Section 202.]  Section 202.] (1) any year. (2)  The area within at floodplain subject to a 1-percent or greater chance of flooding in The area designated as a flood hazard area on the community's flood hazard map,  ord otherwise legally designated.  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 and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 202.] Flood Insurance Study (FIS) means the official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting Floodproofing Certificate means the FEMA Non-Residential Floodproofing Certificate for Nonresidential Construction form issued by FEMA for the collection of information and elevations  technical data. [Also defined in FBC, B, Section 202.]  14    for specific buildings ini flood hazard areas. The FEMA Non-Residential Floodproofing Certificate, FEMA Form 086-0-34 (or successor form), is revised and reissued periodically. Applicants and Floodplain Administrator means the office or position designated and charged with the administration and enforcement of this section (may be referred to as the Floodplain Manager). Floodway means the channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.] Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer Florida Building Code means the family of codes adopted by the Florida Building Commission, including; Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Functionally dependent use means a use which cannot perform its intended purpose unless itis located or carried outi in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing Highest adjacent grade means the highest natural elevation of the ground surface prior to Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change (1)_Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. ALOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a (2)_Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, (3)_Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management (4)_Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and  permittees shall use the edition current as oft the date of submission.  using standard engineering methods and models.  Code, Plumbing; Florida Building Code, Fuel Gas.  facilities.  construction next to the proposed walls or foundation of a structure.  Historic Buildings. include:  property, or structure is not located in a special flood hazard area.  and other planimetric features.  regulations.  15    approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to Light-duty truck, as defined in 40 C.F.R. 86.082-2, means any motor vehicle rated at 8,500 pounds Gross' Vehicular' Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:  revise the effective FIRM.  (1) such a vehicle; or (2) 12 persons; or (3) use.  Designed primarily for purposes of transportation of property or is a derivation of Designed primarily for transportation of persons and has a capacity of more than Available with special features enabling off-street or off-highway operation and  Lowest floor means the lowest floor of the lowest enclosed area of a building or 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 built so as to render the structure in violation of the non-elevation requirements oft the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.] Manufactured home means a structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a' "recreational Manufactured home park or subdivision means a parcel (or contiguous parcels) of land Market value means the value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the actual cash value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the county property appraiser. New construction, for the purposes of administration of this section and the flood resistant construction requirements of the Florida Building Code, means structures for which the "start of construction" commenced on or after July 16. 1980 and includes any subsequent improvements Park trailer means ai transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. Public safety and nuisance means anything which is injurious to the safety or health of the entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, Recreational vehicle means a vehicle, including a park trailer, which is: [See section 320.01,  vehicle" or' "park trailer."[ [Also defined in 15C-1.0101, F.A.C.] divided into two or more manufactured home lots for rent or sale.  to such structures.  [Defined in section 320.01, F.S.]  stream, canal, or basin.  F.S.) (1)  Built on a single chassis;  16    (2) projection; (3) (4) of the beach.  Four hundred (400) square feet or less when measured at the largest horizontal Designed to be self-propelled or permanently towable by a light-duty truck; and Designed primarily not for use as a permanent dwelling but as temporary living  quarters for recreational, camping, travel, or seasonal use.  Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward Special flood hazard area means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone. A, A0,A1--A30, AE, A99, AH, V1--V30, VE or V. [Also defined in FBC, B Section 202.] Variance means a grant of relief from the requirements of this section, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this section or the Florida Building Code.  Sec. 15.715.10. Buildings and structures.  (a) Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 15.715.4(c) of this section, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall (b) Detached accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and:  comply with the requirements of Section 15.715.16 of this section.  (1) Iflocated in special flood hazard areas (Zone A/AE) other than coastal high hazard (2) Iflocated in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, have flood openings in accordance with Section R322.2 of the Florida Building Code, (3) Iflocated in coastal high hazard areas (Zone VIE), are not located below elevated (4) Are anchored to resist flotation, collapse or lateral movement resulting from flood (5) Have flood damage-resistant materials used below the base flood elevation plus (6) Have mechanical, plumbing and electrical systems, including plumbing fixtures, (c) Critical facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area. Construction of new critical facilities shall be permitted int the special flood hazard areal if no feasible alternative site is available. When permitted in special flood hazard areas, critical facilities shall have the lowest floor elevated or dry floodproofed, if permitted, to or above the elevation required ini the Florida Building Code or three feet or more above the level of the base flood elevation, whichever is higher. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or  areas, are one-story and not larger than 600 square feet.  Residential.  buildings and are not larger than 100 square feet.  loads. one (1)foot.  elevated to or above the base flood elevation plus one (1) foot.  17    released into floodwaters. Access routes elevated to or above the level oft the base flood elevation  shall be provided to all critical facilities tot the extent possible. (d)Florida Building Code Amendments. (1) Certification forms.  a. Where elevations of buildings in flood hazard areas are specified in applications, and where certification of the elevation of buildings in flood hazard areas is required, the FEMA Elevation Certificate shall be submitted. b. Where certifications of the design of dry floodproofed nonresidential buildings in flood hazard areas is required and where certification of the elevation of dry floodproofing is required, the FEMA Dry Floodproofing Certificate for 2)Cumulative substantial improvement. Ini the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the term "Substantial  Nonresidential Structures shall be submitted.  Improvement" shall be as defined in Section 15.205.  (Ord. No. 1032, $4,4-13-21) Sec. 15.715.11. Subdivisions.  (a) Minimum requirements. Subdivision proposals, including proposals for manufactured  home parks and subdivisions, shall be reviewed to determine that:  (1) Such proposals are consistent with the need to minimize flood damage and will be (2) All public utilities and facilities such as sewer, gas, electric, communications, and (3) Building sites for residences, motels, resorts, or other dwelling or accommodation (4) Where fill is proposed to achieve the required building elevation, fill must extend (5) The finished elevation of proposed streets shall be no more than one (1) foot below the base flood elevation. The planning board may require, where necessary, detailed profiles and elevations of streets to determine compliance with this requirements. Drainage openings under streets shall be sufficient to discharge flood flows without unduly increasing flood heights.  reasonably safe from flooding;  water systems are located and constructed to minimize or eliminate flood damage;  uses are not located in floodways;  at least ten (10) feet beyond the footprint of the building;  (6) Levees, fills, structures and other features will not individually or collectively (7) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from (b) Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within at flood hazard area, the following shall be required: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats;  significantly increase flood flow heights or damage; and  proposed structures.  18    (2) Where the subdivision has more than 50 lots or is larger than 5 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 Section  accordance with Section 15.715.5(b)(1) of this section; and  15.715.12 of this section. (c) Limitations on development.  (1) When the planning board, the city engineer, and the Floodplain Administrator determine that only a part of a proposed subdivision plat can be safely developed, development shall be limited to that part and shall proceed consistent with this determination. (2) When a subdivider does not intend to develop the proposed subdivision himself and the planning board determines that additional use controls are required to ensure safe development, the board may require the subdivider to impose appropriate deed restrictions on the land. Any such deed restriction shall be inserted in every deed and noted on the face oft the (d) Neighborhood Parks. A proposed subdivision involving three (3) or more acres of land, in which a majority of the lots are intended for the development of residential dwelling units, shall include land dedicated for a neighborhood park. Land dedicated for use as a neighborhood park shall comprise at least five (5) percent of the acreage to be subdivided. Neighborhood parks may include, but are not limited to, sports fields, tennis courts, basketball courts, hiking and biking trails, playgrounds and other areas where members of the subdivision may congregate for (1) The land dedicated for use as a neighborhood park shall be developable uplands exclusive of required setbacks from wetland or environmental areas and shall not contain any The following uses shall be excluded from the calculation of land required for the neighborhood  final recorded plat.  recreational uses.  restrictions or encumbrances that prevent its use as a neighborhood park.  park acreage:  i. ii. iii.  Clubhouses;  Floodplain mitigation areas;  Drainage/stormwater detention areas (except for drainage/stormwater iv. Parking areas (except for parking areas required to satisfy minimum  detention areas used solely for required neighborhood park amenities); and  parking requirements for neighborhood park amenities);  V. vi. vi. Pools.  Landscape easements; Sidewalks; and  (2) Land dedicated as a neighborhood park may be retained in private ownership for public use and shall be subject to such conditions as the City may establish concerning access, use and maintenance of such lands, as deemed necessary to assure the preservation of such lands in perpetuity for their intended purposes. The owner shall execute any and all documents necessary to effect the intended purposes. Neighborhood parks may be offered to the City as a gift, and at the discretion of the City Council may be accepted as a public park. (3) Neighborhood parks must be continuously maintained in a safe manner. If the park is to be maintained by an association, trust, or community development district, the owner shall  19    provide documentation acceptable to the City demonstrating that such organization is governed  according to the following:  a. b. C. d. established by them.  The organization is organized by the owner and operating with thet financial Membership int the organization is mandatory for all purchasers of dwelling The organization shall be responsible for maintenance of and insurance The members of the organization shall share equitably the costs of  subsidization oft the owner, ifr necessary, before the sale of any lots within the development.  units therein and their successors. and taxes on the neighborhood parks.  maintaining and developing the neighborhood park in accordance with the procedures (4) The City shall noti issue any certificate of occupancy in a Subdivision to which this section  applies until the owner complies fully with this section. (Ord. No. 1032, $4, 4-13-21; Ord. No. 1066, $4, 10-25-22)  Sec. 15.715.12. Site improvements, utilities and limitations.  (a) Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed (b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 71 to minimize or eliminate infiltration ofi floodwaters into the facilities and discharge from the facilities into flood waters, and (c) Water supply facilities. All new and replacement water supply facilities shall be designed. in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 71 to minimize or eliminate infiltration of floodwaters into the systems. (d) Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 15.715.5(c)(1) of this section demonstrates that the proposed development or land disturbing (e) Limitations on placement of fill. Subject to the limitations of this section, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with  safe from flooding;  are located and constructed to minimize or eliminate flood damage; and  structures.  impairment oft the facilities and systems.  activity will not result in any increase in the base flood elevation.  the requirements of the Florida Building Code.  20    (f) Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration ofs sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 15.715.5(c)(4) of this section 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 15.715.16(h)(3) of this section.  (Ord. No. 1032, $4,4 4-13-21)  Sec. 15.715.13. Manufactured homes.  (a) General. All manufactured homes installed in flood hazard areas shall bei installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of (b) Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) Int flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this section. Foumdations-for-manuianiscuedhomessiBedbSetien16/64300Hissecton are-permittedte-be-reimioredpiers-@rotnerioundaton-elements.eAtsofat-eastequwalentstreng#". (2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this section. (c) Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for (d) Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section (e) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such (f) Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the  Chapter 15C-1, F.A.C. and the requirements of this section.  wind resistance.  R322.2 (Zone A) or R322.3 (Zone V).  enclosed areas, as applicable to the flood hazard area.  flood hazard area. (Ord. No. 1032,$4,4-13-21)  Sec. 15.715.14. Recreational vehicles and park trailers.  (a) Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard  areas shall:  (1) Be on the site for fewer than 180 consecutive days; or  21    (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and (b) Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 15.715.14(a) of this section for temporary placement shall meet the requirements of  porches.  Section 15.715.13 of this section for manufactured homes.  (Ord. No. 1032, S 4, 4-13-21)  Sec. 15.715.15. Tanks.  (a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. (b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne  requirements of Section 15.715.15(c) of this section shall:  debris.  (2) Not be permitted in coastal high hazard areas (Zone V).  (c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. (d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:  (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow oft the contents oft the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,  including the effects of buoyancy, during conditions oft the design flood.  (Ord. No. 1032, $4, 4-13-21)  Sec. 15.715.16. Other development.  (a) General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this section  or the Florida Building Code, shall:  (1) Be located and constructed to minimize flood damage;  (2) Meet the limitations of Section 15.715.12(d) of this section if located in a regulated floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads,  including the effects of buoyancy, during conditions of the design flood;  (4) Be constructed of flood damage-resistant materials; and  22    (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms (b) Fences ini regulated floodways. Fences in regulated floodways that have the potential to block the passage off floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations (c) Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations (d) Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians tot travel from one side of awatercourse tot the other side, that encroach into regulated floodways shall meet the limitations of Section 15.715.12(d) of this section. Alteration of a watercourse that is part of ar road or watercourse crossing shall meet the requirements of Section (e) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high 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 and structures provided  to the provisions of the electrical part of building code for wet locations.  of Section 15.715.12(d) of this section. of Section 15.715.12(d) of this section.  15.715.5(c)(3) of this section.  the concrete slabs are designed and constructed to be:  (1) Structurally independent of the foundation system of the building or structure;  (2) Frangible and not reinforced, sO as to minimize debris during flooding that is capable of causing (f) Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, (1) 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 to the building or structure, which shall be designed to accommodate any increased loads (2) A deck 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 to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that 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 runup and wave reflection that would increase damage (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the  significant damage to any structure; and  (3) Have a maximum slab thickness of not more than four (4) inches.  and constructed in compliance with the following:  resulting from the attached deck.  building or structure or to adjacent buildings and structures.  to the building or structure or to adjacent buildings and structures.  23    minimum amount necessary for site drainage may be approved without requiring analysis of the (g) Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems (h) Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would (3) Where authorized by the Florida 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 of the diversion of floodwater or wave runup and wave reflection if the scale and 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 of the building. SECTION 2. From and after the effective date of this ordinance, Sections 5-25 and 5-26 ofthe City's Code of Ordinances related to administrative and technical requirements to the Florida  impact on diversion of floodwaters or wave runup and wave reflection.  development activities include but are not limited to:  obstruction ofi floodwaters; and ormound systems.  landscaping and for drainage purposes under and around buildings.  increase damage to adjacent buildings and structures.  Building Code, are hereby repealed. SECTION3. APPLICABILITY.  For the purposes ofj jurisdictional applicability, this ordinance shall apply in the City of Callaway. This ordinance shall apply to all applications for development in flood hazard areas submitted on  or after the effective date oft this ordinance.  SECTION 4. INCLUSION INTO THE CODE OF ORDINANCES.  Iti is the intent of the City Commission that the provisions of this ordinance shall become and be made aj part oft the City ofCallaway's Code ofOrdinances and Unified Land Development Code, as appropriate, 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 accomplish such intentions.  SECTION5. SEVERABILITY.  24    Ifany section, subsection, sentence, clause or phrase oft this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the SECTION 6. REPEALER. All ordinances or parts ofordinances in conflict herewith are hereby repealed to the extent of such conflict. If any phrase, clause, sentence, paragraph, section, or subsection of this Ordinance shall be declared unconstitutional ori invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining phrases, clauses, SECTION 7. EFFECTIVE DATE. This ordinance shall take effect immediately upon its PASSED, APPROVED AND ADOPTED at the regular meeting of the City Commission oft the  ordinance as a whole, or any part thereof, other than the part SO declared.  sentences, paragraphs, sections or subsections of this Ordinance.  passage.  City ofCallaway, Florida, this  day of  2024.  CITYC OF CALLAWALFLORIDA  By:  Pamn Henderson, Mayor  ATTEST:  Asley Robyck, City Clerk  PASSED ON FIRST READING: NOTICE. PUBLISHED ON: PASSED ON SECOND READING: APPROVED, AS TO: FORM ANDI LEGAL SUFFICIENCY FOR THE CITY OF CALLAWAY  VOTEOFCOMMISSION:  Ayers Davis Griggs Henderson Pelletier  ONLY:  City Attorney  25    U.S. Department of Homeland Security 500 C Street, SW Washington, DC: 20472 FEMA  July 16, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Pamn Henderson Mayor, City of Callaway Attention: Ed Cook, City Manager 6601 East Highway 22 Callaway, Florida 32404 Dear Mayor Henderson:  Icommend you for the efforts that have been put forth in implementing the floodplain management measures for the City of Callaway, Florida, to participate in thel National Flood Insurance Program (NFIP). As you implement these measures, I want to emphasize the following:  al Flood iInsurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed the FIS and FIRM will become effective on October 24, 2024; and by the FIS and FIRM effective date, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office is required to approve the legally enforceable floodplain management measures your community adopts in accordance with Title 44 Code of Federal Regulations (CFR): Section 60.3(d) and (e).  for your community;  As noted in FEMA's letter dated April 24, 2024, no significant changes have been made to the flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for Bay County. Therefore, the City ofCallaway should use the Preliminary and/or revised Preliminary copies ofthe FIRM as the basis for adopting the required floodplain management measures. Final printed copies of the FIRM: for the City ofCallaway will be sent to you within the next few months. Ifyou encounter difficulties in enacting the measures, I recommend you contact the Florida Division of Emergency Management. You may contact Jillian Kraynak, Acting State NFIP Coordinator and State Floodplain Manager, by telephone at (850) 815-4560, in writing at the State Floodplain Management Office, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, or by electronic mail at The FEMA Regional staffi in Atlanta, Georgia, is also available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for the City ofCallaway and will ensure its participation int the NFIP. The Regional Office may be contacted by telephone at (770)2 220-5200, then pressing for Mitigation, or in writing. Please send your written inquiries to the Director, Mitigation Division,  llian.kraynak@em.myllorida.com.  FEMA Region 4, at 3005 Chamblee Tucker Road, Atlanta, Georgia 30341.  www.fema.gov    The Honorable Pamn Henderson July 16, 2024 Page 2  The NFIP State Coordinating Office for your State has verified that Florida communities may include language in their floodplain management measures that automatically adopt the most recently available flood elevation data provided by FEMA. Your community's floodplain management measures may already be sufficient ifther measures include suitable automatic adoption language and are otherwise in accordance with the minimum requirements of the NFIP. Thel NFIP State Coordinator can assist you You may have already contacted thel NFIP State Coordinator and/or the FEMA Regional Office, and may bei in the final adoption process or recently adopted the appropriate measures. However, in the event your community has not adopted the appropriate measures, this letter is FEMA's official notification that you only have until October 24, 2024, to adopt and/or submit a floodplain management ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the FEMA Regional Office by the effective date. Your community's: adopted measures will be reviewed upon receipt and the Iappreciate your cooperation to ensure that your community's floodplain management measures are approved by the FEMA Regional Office by October 24, 2024. Your compliance with these mandatory program requirements will enable your community to avoid suspension from thel NFIP. Additional information on community suspensions as proposed, other notices of current NFIP community status information, and details regarding updated publication requirements of community eligibility status information under thel NFIP can be found on the Community Status Book section ofour website at ww.femagow/odinsuneot-wiafpcommunidy-sans-boak. Notices for scheduled suspension willl be available on the National Flood Insurance Community Status and Public Notification section of our website at wwwiemagow/lod-nsuanseNowihafppcommuniy.sats: bookpublic-motfication. Individuals without internet access will be able to contact their local floodplain  further in clarifying questions you may have about automatic adoption.  FEMA Regional Office will notify you when the measures are approved.  management official and/or NFIP State Coordinating Office directly for assistance.  Sincerely,  Rh Rachel Sears, Director Floodplain Management Division Mitigation Directorate FEMA  cc: Robert Samaan, Regional Administrator, FEMA Region 4 Florida Division of Emergency Management Bill Frye, Director of Public Works, City ofCallaway  Jillian Kraynak, Acting State NFIP Coordinator and State Floodplain Manager,    Agenda Item # 5  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: SEPTEMBER 10, 2024  ITEM: ORDINANCE No. 1104 - SMALL SCALE COMP PLAN AMENDMENT - 140 BEULAH AVENUE. (15T  READING) 1. PLACED ON AGENDA BY: Eddie Cook, City Manager  2. AGENDA: PRESENTATION PUBLIC HEARING OLD BUSINESS REGULAR  And  Bill Frye, Planning/Public Works Director 3. IST THIS ITEM BUDGETED (IF APPLICABLE)?: YES Nol  N/A  4. BACKGROUND: (WHY,WHAT, WHO, WHERE, WHEN, HOW, & IDENTIFY ALL ATTACHMENTS)  The request is for a Small-Scale Comprehensive Plan Amendment to change the Callaway Future Land Use Map. The property currently has a Future Land Use Designation of Low Density Residential. The applicant Joseph Curtis is requesting that the City of Callaway amend the Future The subject property is approximately .257 acres. The property is surrounded by residential  Land Use Map to provide the property with a "Commercial" designation.  designated future land use.  The Planning Board met on September 3rd, 2024, and did not recommend that the City Commission  approve the SSCPA.  ATTACHMENTS:  Ordinance No. 1098 Application for SSCPA Future Land Use Map Area  5. REQUESTED MOTION/ACTION: Approval of the First reading of Ordinance No. 1104 upon roll-call  vote.    ORDINANCE NO. 1104  AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CALLAWAY, ACTING UPON THE APPLICATION OF JOSEPH CURTIS, DESIGNATING FOR COMMERCIAL FUTURE LAND USE A CERTAIN PARCEL OF LAND LYING WITHIN THE CITY OF CALLAWAY, FLORIDA, CONSISTING OF APPROXIMATELY .257 MORE OR LESS ACRES; SAID PARCEL IS LOCATED AT 140 BEULAH AVE, CALLAWAY, FLORIDA, PARCEL ID 06804-000-000, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE; AMENDING THE CITY'S FUTURE LAND USE MAP FOR COMMERCIAL DESIGNATION FOR THE PARCEL; REPEALING ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AS WHEREAS, the Callaway City Commission approved Ordinance No. 664, known as WHEREAS, the City Commission desires to amend the Future Land Use Map ("FLUM") contained within the City of Callaway Comprehensive Growth Development Plan to change the future land use designation for a certain parcel ofl land within the City; and WHEREAS, Joseph Curtis, (the "Applicant"), submitted an application requesting an amendment to the Comprehensive Plan designating a certain parcel as "Commercial" and WHEREAS, the Callaway Planning Board reviewed the proposed amendment, conducted a public hearing pursuant to Section 163.3174, Florida Statutes, on September  PROVIDED BYLAW.  "The City of Callaway Comprehensive Growth Development Plan"; and  03,2024, and did not recommend approval; and  WHEREAS, the Applicant and the City have agreed that the property should be WHEREAS, the City Commission conducted a public hearing and two separate readings WHEREAS, on September 24, 2024, the City Commission conducted a properly noticed adoption hearing as required by Sections 163.3184 and 163.3187, Florida Statutes, and adopted  designated "Commercial"; and ofthe Applicant's request; and  this Ordinance in the course of that hearing; and  WHEREAS, the subject property involves a use of fifty (50) acres or less and the cumulative effect oft the acreage for all small scale amendments adopted by the City this calendar year, including the subject parcel, does not exceed 120 acres, and the subject parcels otherwise qualify for a small scale amendment pursuant to Section 163.3187(1), Florida Statutes; and WHEREAS, all conditions required for the enactment of this Ordinance to amend the City of Callaway Comprehensive Growth Development Plan to make respective FLUM  designation for the subject parcel have been met;  Page 10 of3    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE SECTION 1. The following described parcel of real property situated within the municipal limits of the City of Callaway, Florida, is designated Commercial future land use  OF THE CITY OF CALLAWAY, FLORIDA AS FOLLOWS:  under the City's Comprehensive Plan, to wit,  EXHIBIT"A"  and the City' 's Future Land Use Map is amended accordingly.  SECTION 2. SEVERABILITY. Ifany section, subsection, sentence, clause, phrase or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining  portions thereof.  SECTION 3. CONFLICTS AND REPEALER. All ordinances or parts of ordinances SECTION 4. EFFECTIVE DATE. The Ordinance shall take effect as provided by PASSED, APPROVED AND ADOPTED at the regular meeting of the City  inc conflict herewith are repealed to the extent of such conflict.  law.  Commission oft the City of Callaway, Florida, this th day of September, 2024.  CITYOF CALLAWAK,FLORIDA  By:  Pamn Henderson, Mayor  ATTEST:  Ashley Robyck, City Clerk  PASSED ON FIRST READING: NOTICE PUBLISHED ON: PASSED ON SECOND READING: APPROVED AST TO FORM. ANDI LEGAL SUFFICIENCY FOR THE CITY OF CALLAWAY  VOTE OF COMMISSION:  Davis Griggs Pelletier Ayers Henderson  ONLY:  Kevin D. Obos, City Attorney  Page 2 of3    EXHIBIT "A" ORDINANCE NO. 1104 FOR 140 BEULAH. AVENUE PARCEL ID: 06804-000-000  AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CALLAWAY  Lots 12, 13 and 14, in Block 17 OfCALLAWAY Plat, according to the plat thereof recorded in Plat Book 5, Page 1, on file in the Office of the Clerk of the Circuit Court of Bay County, Florida, also that half oft that certain alley abutting Lots 12, 13 and 14, Block 17, according to the  plat of Callaway, formerly closed by the City of Callaway. Parcel Identification Number: 06804-000-000.  Page 3 of3    ELORIDR Public Works Department 324 SBerthe Avenue, Callaway, FL32404 Phone (850) 871-1033 www.callaway.com  SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICATION Application fee: $1,100 (Plus hourly attorney and engineeringf fees reimbursed as billed)  NOTE: Thes subject property must be under 10 acresi ins size to qualify as a Small Scale Plan Amendment.  A. APPLICANT INFORMATION  1. Owner'sname: Jezyph lactis  2. Mailing address: 141 Soulha Macy Ells hhl  3. o35P-27-209F5 4. Authorized agent name: 5. Mailing address: 6. Phone:  Email_ gapeayiRylaa  Faxi  Email  Ift the applicant does not own thep property, give name, address and telephone number of owner. (Must attach ar notarized statement of consent fromt the owner). Attach al legal description including a surveyif available. Attach a copy of the deed or otheri instrument documenting legali interest.  B. REQUESTED AMENDMENT  TL Machias  & Eaysk rental business  January 29, 2019    C. ROPERIYINFORMATON  1. Address ofs site for which amendment isi requested:  140 Beselab Ac LlwagEL  2. Taxl ID: 3. Acreage of property:  S .Z.l  4. Existing Tax Classification: prhabh 5. - Proposed Tax Classification:. caneerfia  D. SITE INFORMATION  The following information must be provided along with this application:  1. The most recent aerial photograph available from the Property Appraiser's Office. The information required by 2.(a) Through (g) may be shown on the aerial photo in lieu ofthe 2. As site plan or drawing, drawn to a scale deemed acceptable byt the Planning Director,  required site plan.  which describes or shows thef following:  a) Location in relation to surrounding physical features such as streets, railroads, water bodies, etc. Names of all adjacent streets and other  physical features must be: shown. North direction arrow. c) Township, Range and Section  b)  d) Existing designated use oft the site and all adjacent properties, as shownon  thel Land Use Map.  e) Dimensions of the site (length, width, etc.)i in linearfeet.  f) g)  Size of the site in square feet ora acres.  The type of development proposed for the site; the general location ofsuch development oft the site, and; the size (square feet) oft the proposed  development.  January 29, 2019    E. JUSTIFICATION  Explain the circumstances that give rise to the need fort the amendment, including an explanation ofwhy a similar piece ofp property already designated fort the requested use would not be suitable.  4 beat enyny Cellaway   Anc  PE   wh!le e#Hers Lun hihepma becBA!! kams Gan 4Acrt  F anRy KA5 aew Part and Aeuing ict  a daih Dallawsp  nelhiny  F. FACILITY CAPACITY. ANALYSIS disposal, roads, and storm water control.  Applicant must provide information as to how the site will have access to potable water, sewage 1. Transportation- - Comprehensive Plan Amendment Traffic Impact Analysis Guidelines are attachedi tot this application Peashalueatamspataiont impact analysis witha application)  2. Potable Water Source- Private water wells:  cily waher  Private community system provider: Public water system provider: 3. Sewage Disposal Source- Private septic tanks:  Lelay  Private sewage system provider: Public sewage system provider:  Llhuny  January 29, 2019    4. Storm water control  Describe how the storm water will be controlled and treated: Nafuce! cun e66  Attach additional pagesi if necessary  G. CERTIFICATION, AND AUTHORIZATION  Byr my signature hereto, Idol hereby certify that the information contained int this application ist true and correct and understand that deliberate misrepresentation of such information will be grounds for denial or reversal of this application and/or revocation of any approval based upon this Idol hereby authorize the City of Callaway staff to enter upon my property at any reasonable time Idol hereby authorize the placement of ap public notice sign on my property at locations to be  application.  for purposes ofs site inspection. determined by City staff. Josyb Lactis Applicanfs name (please print)  hubs signature  sb  Tato he Blue watersperts  Company name STATE OF FLORIDA COUNTYOFBAY  Sworn to and subscribed before me this_  day of  20 by  who is personally known to me orwhohasproduced  asi identification and who did/did not taken anoath.  NOTARY PUBLIC: PRINT NAME: MY COMMISSION! EXPIRES  January 29, 2019    1sioueais  9  8  OAV yejneg  a e  6  1  O  OAV PIE Kew S 8        Agenda Item #   CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: SEPTEMBER 10, 2024  ITEM: ORDINANCE No. 1105 - REZONING OF PROPERTY LOCATED AT 140 BEULAH AVE (1ST  READING) 1. PLACED ON AGENDA BY: EDDIE COOK, CITY MANAGER  2. AGENDA: PRESENTATION PUBLIC HEARING OLD BUSINESS REGULAR  &  BILL FRYE, PLANNING/PUBLIC WORKS DIRECTOR 3. Is1 THIS ITEM BUDGETED (IF APPLICABLE)? YES No  N/A  4. BACKGROUND: (wHY.WHAT.WHO WHERE, WHEN, HOW, & IDENTIFY ALL ATTACHMENTS)  Joseph Curtis, property owner, has submitted to the City of Callaway a Rezoning Application from Residential R-5M to Community Commercial for property located 140 Beulah Ave, Parcel ID 06804-000-000. The Planning staff has analyzed the proposed rezoning and finds that all of the information given is true The Planning Board met on September 3, 2024, and the recommendation oft the board was to deny the  property is approximately .257 acres. and accurate to the best ofit its knowledge.  request for rezoning.  ATTACHMENTS:  Ordinance No. 1105 Application for Rezoning Zoning Map  REQUESTED MOTION/ACTION: Approval ofthe 1St reading of Ordinance No. 1105 for Rezoning, upon  roll-call vote or direction to staff.    ORDINANCE NO.1105  AN ORDINANCE REZONING FROM RESIDENTIAL R-5M TO COMMUNITY COMMERCIAL THAT CERTAIN PARCEL OF LAND LYING WITHIN' THE CITY OF CALLAWAY,FLORIDA, CONTAINING APPROXIMATELY .257. ACRES; LOCATED AT 1401 BEULAH. AVENUE; PARCEL ID 06804-000-000; ALL AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE. FFECTIMMEDIATELY UPON ITS PASSAGE.  WHEREAS, Joseph Curtis, the owner of the real property designated herein, has initiated this ordinance by filing a petition with the City praying that said real property, being more particularly described below be rezoned from Residential R-5M to Community Commercial as  shown below; and described herein; and  WHEREAS, this ordinance changes only the zoning map designation of the real property WHEREAS, the City of Callaway Planning Board reviewed the proposed zoning change, conducted aj public hearing on September 3, 2024, and did not recommend approval; and WHEREAS, based upon competent substantial evidence adduced in a properly advertised public hearing conducted on September 24, 2024, the City found the requested change to be consistent with the currently applicable Comprehensive Growth Development Plan and to  reasonably accomplish a legitimate public purpose. CITY OF CALLAWAV,FLORIDA:  NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE SECTIONI. The following described parcel ofreal property situate within the municipal limits of the City of Callaway, Florida, is rezoned from Residential R-5M to Community  Commercial.  SEE ATTACHED ANDI INCORPORATED EXHIBIT "A'  and the City's zoning map is amended accordingly. repealed to the extent of such conflict.  SECTION 2. All Ordinances or parts of ordinances in conflict herewith are hereby  SECTION3. This ordinance shall take effect immediately upon passage.  PASSED, APPROVED AND ADOPTED at the regular meeting oft the City Commission  ofthe City of Callaway, Florida, this,  day of  2024.  Page 1 of3    CITYOF CALLAWAVELORIDA  By:  Pamn Henderson, Mayor  ATTEST:  Ashley Robyck City Clerk  PASSED ONI FIRST READING: NOTICE PUBLISHED ON:. PASSED ON SECOND READING: APPROVED. AS TOI FORMA ANDL LEGAL SUFFICIENCY FOR THE CITY OF CALLAWAY  VOTE OF COMMISSION:  Davis Griggs Pelletier Ayers Henderson  ONLY:  Kevin Obos, City Attorney  Page 2 of 3    EXHIBIT "A" ORDINANCE NO. 1105 REZONING FOR 140 BEULAHAVENUE PARCEL ID: 06804-000-000  Lots 12, 13 and 14, in Block 17 OfCALLAWAY Plat, according to the plat thereof recorded in Plat Book 5, Page 1, on file in the Office of the Clerk of the Circuit Court ofE Bay County, Florida, also that half of that certain alley abutting Lots 12, 13 and 14, Block 17, according to the plat of  Callaway, formerly closed by the City of Callaway. Parcel Identification Number: 06804-000-000.  Page 3 of3    CAL  FLORIDE Public Works Department 324 S Berthe Avenue, Callaway, FL3 32404 Phone (850) 871-1033 www.clyotcalaway.com  APPLICATION FOR REZONING  1. Applicant(s) name: JorepCactis  Applicant(s) address: 141 Sawlh Macy Ella AJe  Applicant(s) phone: -NAapey 200l Syahoo.com  Date of application: 2. Rezonei from:_  to:  3. Parcel ID#: 04504-000-000  4. Legal Description of sitet to ber rezoned: Emphy let wil 24424  Shopwith 24xZ4carpart  5. Driving directions to site: tucn Dn checry st OfE us8  ced Hght hurn On Beuiphpve on right Nest +o apar-tents  9pro Rer 6. hash Name and' address of property gwner(s) GLAy EL $2404 owner(s). (Must attach statement of consent form):.  tor most recent ad valorem taxr records:  (Vearz024p T 141 SouMa Manyfll A  7. Ifapplicant does not own thep property, give name(s), address(s) and telephone number(s) of the  January 15, 2019    8. Property address tol be rezoned:  14D BeulahAvv Callaway El (Address must! be obtained from County prior to Planning Board Meeting)  9. Present Property Tax Classification: 10. Proposed Property Tax Classification:  11. Purpose of rezoning: Dpen Syak rental and  LGr Machine  12. Additional pertinent information: peapi'se yaksyAgte andAie f visilers endcitizens of Callawgs soaldakre Klhlhamks  O6  Signature A of  hst  Date: Hag 9,2024  Date:  To bes submitted with application: Incomplete submittals will not be reviewed a) 3copies of the deed to the property. b) 3copies of as survey of the property. c) Acopy of ther most recent Ad' Valorem tax statement.  d) Acheck for $300. Ift the Zoning Application is submitted with al Petition for Annexation, the  feei is $500f for both.  (Do Not Write Below" This Line)  Planning Board Action Date Restrictions or Special Conditions:  City Commission Action Date  Rezone: Received  From  To.  Fee Paid  Reviewed by.  January 15, 2019    IS JouReIE  9  OAV yeineg  OAV ena Kiew S  co,  8  h        Agenda Item #1  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: SEPTEMBER 10, 2024  ITEM: BUDGET AMENDMENT TO COVER THE COST OF TREATMENT  1. PLACED ON AGENDA BY:  2. AGENDA: PRESENTATION PUBLIC HEARING OLD BUSINESS REGULAR  EDDIE COOK, CITY MANAGER,  AND  DAVID SCHULTZ, DIRECTOR OF FINANCE  3. ISTHIS ITEM BUDGETED (IF APPLICABLE)7: YES No[ D  4. BACKGROUND: WM/WHAL.VMO.WHERE WHEN, HOW, & IDENTIFY ALL ATTACHMENTS)  Inr reviewing the cost of treatment for the FY 2024 we are going to need additional funds to cover the cost for the month of September. Looking at the last four months of FY 2023 the expenditures were similar each month. June and July cost for 2024 total $461,058.04 and we have 2 months to go with only $272,132 remaining in the budget. In addition, we will need funds to cover the cost of treatment we pay to Springfield at year end for the sewage that flows their way ($14,453 in FY Staff is requesting and increase in the budget of $200,000 to cover the projected additional cost needed. This shortage will be covered mostly with increases in revenue that we have seen already  2023).  and a reduction in the budgeted increase to reserves.  This will be brought back with the final budget resolution for FY: 2024.  Attachment(s):  Budget Amendment Request  5. REQUESTED MOTION/ACTION: Staff requests increase for the Cost of Treatment.    y  S L 3 a L K  C    Agenda Item # 8  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: SEPTEMBER 10, 2024  ITEM: TASK ORDER CHLORINATION DESIGN PROFESSIONAL SERVICES  1. PLACED ON AGENDA BY: Eddie Cook, City Manager  2. AGENDA: PRESENTATION PUBLIC HEARING OLD BUSINESS REGULAR  3. IST THIS ITEM BUDGETED (IF APPLICABLE)?: YES K No[  We will use Water Impact Fees  4. BACKGROUND: (WHY, WHAT, WHO, WHERE, WHEN, HOW, & DENTEFYALATACNENT  Due to falling chlorination levels at the end of our water extension lines down toward Eastern Shipbuilding. The city will need to add a mid-line chlorinator along the system to keep it in DEP compliance. This proposal from Dewberry will determine the location and design of the chlorinator.  The fee is a not to exceed amount of $54,250.  ATTACHMENTS: Dewberry Task Oder for Chlorination Design Proposal  5. REQUESTED MOTION/ACTION: APPROVE TASK ORDER FOR THE CHLORINATION DESIGN PROPOSALFORA  NOT TO EXCEED AMOUNT OF $54,250    Dewberry Engineers Inc. 850.522.0644 203 Aberdeen Parkway 850.522.1011 fax Panama City, FL32405 www.lewberly.com  Dewberry  August 28, 2024 VIA E-MAIL Mye@ctolcalswaycon Mr. Bill Frye Public Works Director City of Callaway 6601 East Highway 22 Callaway, Florida 32404 Dear Mr. Frye:  RE: Chlorination Design Professional Services Fee Proposal  Dewberry Engineers Inc. is pleased to provide you with this task order for professional engineering and surveying services for the Callaway: Chlorination Injection Design project. Dewberry has met with City staff and understand that the chlorine residual is lower than the desired levels for the southeastern portion of the City's water system. This project is to gather data and to provide a design solution to correct these levels to comply with FDEP drinking water requirements, therefore providing al higher level of quality drinking water for the residents oft the City of Callaway. Dewberry is certainly excited about assisting the City of Callaway with this project. Our detailed scope of work and associated fees is described in the Ifthis proposal is acceptable, please have the attached task order signed and return itt to our Panama City If you have any questions or need additional information, please contact us at (850) 571-1185 or your may  attached Task Order labeled as Attachment A.  office.  e-mail me at ptts@dewberry.com. DEWBERRY ENGINEERS INC.  Sincerely,  Eric Pitts Associate  Sr. Project Manager/CEI Manager  CC: Mr. Eddie Cook, City of Callaway via clymanager@ctyolcalaway.com Mr. Jonathan Sklarski, PE, Dewberry viaj sKarsk@dewbervycom  KMProposalsiCity of CallawaylCallaway- - Chlorinationicover letter. docx  Page 1of1    Dewberry Engineers Inc. 850.522.0644 203 Aberdeen Parkway 850.522.1011 fax Panama City, FL32405 www.dewberry.com,  Dewberry  Attachment A Scope of Work/Agreement  Reference is made to that certain continuing services contract for Engineering and Related Services Agreement between The City of Callaway and Dewberry Engineers, Inc. dated April 25, 2017, (the "Agreement"), the terms, conditions and definitions of which are incorporated herein as if set forth in full. This task order is for the purpose of Dewberry Engineers Inc. as the ENGINEER to provide professional services for the Chlorination Design to the City of Callaway (City) acting by and through its Council. This Agreement defines the terms under which Dewberry shall provide professional services to CLIENT.  Neither part is in breach of the Agreement.  SCOPE OF PROFESSIONAL SERVICES Task A. SURVEYING SERVICES  1. Boundary and topographic survey of the proposed Chlorination injection site. The survey data will  also include the location of thei injection piping. Task B. DESIGN AND PERMITTING SERVICES  1. Assist City with obtaining data and reports of existing residuals throughout the system. 2. Coordinate with local vendor (s) for specifying chlorine equipment options. 3. Provide design and specification for a chlorination injection system and associated piping using 4. Provide design and specification for anchoring system to secure injection building to meet local 5. Provide Scada connection design using approved vendor for monitoring residuals at pre- 6. Design connection to existing water main for injection and or monitoring locations. 1. Three (3) sets of 60% construction drawings for review and comment. Task D. BIDDING AND CONSTRUCTION PHASE SERVICES  City of Callaway Design Standards. code requirements. determined locations. Task C. DELIVERABLES  2. Three (3) sets of 100% construction drawings, bid documents and Engineer's Cost Opinion. 1. Dewberry shall prepare all bid documents, assist the City with the advertisement, review bids, make ar recommendation for award, and assist the City with the execution of the contract documents with the Contractor. DEWBERRY expects this project construction phase to be no more than 60 days, sO we: shall provide periodic inspection for 10 days (2 hrs. per day) for at total of20 hours during the construction process. DEWBERRY shall provide limited site visits by both the project manager and/or project engineer. DEWBERRY shall review all shop drawings and material submittals from the contractor. DEWBERRY shall conduct a pre-final inspection and generate a punch list, as well as at final inspection and generate at final punch list to the contractor. DEWBERRY shall attend the pre-construction and progress meetings with the  contractor.  Page Iof2    Mr. Bill Frye August 28, 2024  PROFESSIONAL SERVICES FEES SUMMARY Task A: Surveying Services Task B: Design and Permitting Services Task C: Deliverables Task D: Bidding and Construction Phase Services TOTAL PROPOSED FEE HOURLY/NTE: Services noti included in this proposal are as follows: 1. Permit application fees to governing agencies. 2. Base flood elevation determination. 3. Testing. 4. As-Built Survey.  $ - 3,000.00 $43,750.00 $ : 3,250.00 $ 4 4,250.00 $54,250.00  We sincerely appreciate you giving Dewberry the opportunity to be of service to you.  Ify you have any questions or need additional information, please contact us at (850) 571-1185 or your may  e-mail me at pits@dewbery.com, DEWBERRY ENGINEERS INC. Address for Correspondence: 203 Aberdeen Parkway Panama City, Florida 32405  By: Date:  Name and" Title: Eric Pitts, Associate. Sr. Project Manager/CEI Manager  CITY OF CALLAWAY Address for Correspondence: 6601 East Highway 22 Callaway, FL 32404 By:. Date:  Name and Title: Mr. Bill Frye. Public Works Director  KMProposalsiCity of CallawaylCallaway: ChlorinationAltachment A- proposal.docx  Dewberry  Page 2of2    Agenda Item # 1  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: SEPTEMBER 10,2024  ITEM: TASK ORDER-B BASKERVILIEDONOVAN, INC 14 LIFT STATIONS REHABILITATION PROJECT  1.F PLACED ON AGENDA BY: Eddie Cook, City Manager  2. AGENDA: PRESENTATION PUBLIC HEARING OLD BUSINESS REGULAR  3. IST THIS ITEM BUDGETED (IF APPLICABLE)?: YES K No[ D  The first 5 lift stations that will be covered by the CDBG-DR Grant. The remaining will be budgeted as  they are funded.  4. BACKGROUND: (WHY,WHAT, WHO, WHERE, WHEN, HOW, & DENTIPYALLATACANENTS  This is for CEI for the 14 Lift Station Rehabilitation Projects. BDI did the engineering for all 14 lift stations. They will only be paid as each lift station is rehabilitated. The contract price is $604,800  with a not to exceed amount of $43,200 per lift station.  ATTACHMENTS: Task Order  5. REQUESTED MOTION/ACTION: APPROVE BDI TASK ORDER FOR CEI OF THE 141 LIFT STATION PROJECTS    BASKERVILLE-DONOVAN, INC. ENGINEERING THE SOUTH SINCE 1927  14101 Panama City Beach Parkway Panama City Beach, Florida 32413  Phone: 850.382.1740  PROFESSIONAL SERVICES PROPOSAL 14LIFTSTATIONS REHABILITATION PROJECTS CDBG-DR, RFQPW2021-04 Callaway, Florida February 9, 2024  CONSTRUCTION ENGINEERING AND INSPECTION (CEI SERVICES)  BASKERVILEDONOVAN, INC., al Florida Corporation (hereinafter "BDI") agrees to perform and complete thet following survey, engineering and permitting services (hereinafter "Services") for the City of Callaway (hereinafter "City"), in accordance with the terms and conditions oft the existing Continuing Services contract (including any addendums or extensions to this contract) between the City and BDI. Project Location: Various Existing Lift Stations - Callaway, Florida (see outline in Scope of Work) Project Name: Construction Engineering and Inspection Services (CEI) Fourteen (14) Lift Station Project Description/Scope of Services: BDI will provide the professional services contained in the Scope Compensation: CEI services willl be provided for all fourteen (14) lift stations at a 'Not to Exceed Hourly Fee' based on $150 per hour for a construction period of approximately nine months pers station rehab and assuming eight man-hours per week, per station. Based on this expectation, the Not to Exceed CEI This breaks down to $43,200.00 per station over the expected nine-month construction duration for each. CElservices would be billed per the not-to-exceed fee basis fore each: station. We understand that the current budget for construction (including CEI services) is $2,239,590.00: and the City will commence construction on the highest priority stations first, with the others to follow as funds become available. This total fee will cover all fourteen (14): stations as they become funded and the per station fee will be applicable fort those stations selected fori initial construction based on the hourly protocol defined above. Services willi include (but not limited to) on-site construction observation, incidental office work, CADD and other clerical work necessary for Contractor request for information responses, shop drawing reviews, observation formal reporting to the City and generation of record drawings and permit The proposed CEI feei is based on anticipated hours to complete each task and the contract shall not exceed identified totals without prior written authorization from the City of Callaway. Additional tasks requested by the City not identified int this document will require a contract modification and the  Rehabilitation Projects  of Work dated February 9, 2024 and attached hereto.  totali feet for all fourteen (14) stations will be $604,800.00.  closeouts.  submittal ofas supplemental task order by BDI for City review and approval.  City of Callaway- -LSF Rehabs CEI  February9, 2024  Page1of4  Pensacola, FLI Panama City Beach, FLI Tallahassee, FLI Mobile, AL  Surveyings Mappingls 000034 Eogeringae  pes Anc  wwbaskeral-donovancon    BASKERVILLE-DONOVAN, INC. ENGINEERING THE SOUTH SINCE 1927  14101 Panama City Beach Parkway Panama City Beach, Florida 32413  Phone: 850.382.1740  SCOPE OF WORK City of Callaway February 9, 2024  14LIFTSTATIONS REHABILITATION PROJECTS- - CEISERVICES  SUMMARY ANDI PURPOSE  City of Callaway solicited sealed RFQ packages from qualified firms to provide Professional Engineering Services for FOURTEEN (14) Lift Station Rehabilitation Projects which are: supported by U.S Department of Housing and Urban Development (HUD) programs such as Community Development Block Grant -  Disaster Recovery (CDBG-DR).  The Cityi identified thet following stations for rehabilitation:  LS#17 7501 Yellow Bluff Rd. LS#7 6502 Lance St. LS#29 7th St. & Tyndall Pkwy LS#5 Boat Race Rd & Hugh Dr. LS#8 6201 S. Kimbrel Ave. (Lake Dr.) LS#1 1608 South Kimbrel Ave. LS#11 S. Berthe Ave. & Minneola! St. LS#21 8258. James Street LS#23 411 LaCosta Ave. LS#32 238 N. Tyndall Parkway LS#12 6210 Imperial Dr. LS#3 Benton Dr. & Minchew Ct. LS#15 7530 Chipewa St. LS#25 7142 Highway 22  BDI was awarded the work per RFQ PW2021-04 to provide survey, engineering and permitting services pertaining tot thei identified lift station sites and has since submitted 100% design plans tot the City for review and approval. This task order addresses proposed CEI services during construction oft the listed station sites. The City will determine the order inv which each is constructed based on need and other prioritized criteria. BDI will provide CEI services onas station-by-station basis per City directive as  funding becomes available for construction. SECTION A: WORK SCOPE ELEMENTS  The following tasks identify the scope of professional: services to be performed byt the BD!:  City of Callaway- -LSF Rehabs CEI  February9 9,2 2024  Page2of4  Pensacola, FLI Panama City Beach, FLI Tallahassee, FLI Mobile, AL MeAEAMgL 5490 nearng EB 0000 03401 Landscs ne Architacturg eUe-pca3  www.baskervilledonovan.com    BASKERVILLE-DONOVAN, INC. ENGINEERING THE SOUTH SINCE 1927  14101 Panama City Beach Parkway Panama City Beach, Florida 32413  Phone: 850.382.1740  Task 1- Construction Engineering and Inspection  BDI will provide the City with CEI services through construction close-out to include the following: 1. On-site time and materials-based inspections upi to nine months post-construction commencement ate eight hours per week (or as needed to witness specific materials tests and infrastructure 2. Address contractor questions related to construction efforts and provided required documentation 3. Photograph ongoing construction activities and host City briefing meetings, as necessary 4. Provide record ofr materials testing results ands supporting documentation to City 5. Provide monthly progress updates and discuss current project status via in-person or Teams-based  construction milestones)  video meetings with the City  Fee Schedule:  Thei following lump sum fee is based on anticipated hours to complete each task and the contract will not exceed the identified total without prior written authorization from the City of Callaway. Total CEI Fee (14 Stations T/M, NTE per Compensation Narrative, Page 1)  $604,800.00  Note: Fees will be billed per station (not to exceed. $43,200.00), per the outlined schedule defined on Page 1 over the expected nine-month construction duration for each funded lift station project. The total fee shown above represents CEI services for al! 14 stations assuming all 14 arej funded for construction. CEI fees will be remitted to BDI by the City on as station-by-station basis (as construction, funding allows)  per City-defined construction priorities.  The following exclusions and assumptions will apply to this scope of services:  Exclusions  Regulatory Permitting Fees / Application Fees Public Meetings (hourly service fees apply as requested by City) Materials testing (inspection of contractor testing only)  Assumptions  Maximum of eight hours site presence per work week over course of construction Total CEI fee based on construction of all 14: stations per City-defined priority as City funds become available for construction; fees to be invoices on a per hour, per station basis.  Maximum of nine months construction duration  City of Callaway- LSF Rehabs CEI  February9 9, 2024  Page 3of4  Pensacola, FLI Panama City Beach, FLI Tallahassee, FLI Mobile, AL  SreARgSM.MSN 00003  EngmearingEs- 00003401  prec  www.Daskervilledonovan.com    BASKERVILLE-DONOVAN, INC. ENGINEERING THE SOUTH SINCE 1927  14101 Panama City Beach Parkway Panama City Beach, Florida 32413 Phone: 850.382.1740  Submitted By: BASAERVILEDONOVAN, INC. Travis Keith Hill Hill T.Keith! Hill, P.E., President/'CEO  Accepted By: CITY OF CALLAWAY, FLORIDA  Digitallys signedb byT Travis Keith Date: 20240212080817Z-0600  Eddie Cook - City Manager  Date:  Date:  L:276Cityo ofCalowo/l27661.01 Lift Stations Rehabilitation- CDBG-DRG GromControctsiControcts and Amendmemtsi(Ctsentes  City of Callaway- -LSR Rehabs CEI  February9 9, 2024  Page 4of4 00126  Pensacola, FL] Panama City Beach, FLI Tallahassee, FLI Mobile, AL  SAMGNPELN p000S4018 5es 95 E 00003403 Lan  www.Daskervlleddonovan.com        Agenda Item #1D  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: SEPTEMBER 10,2024  ITEM: BID AWARD-CM2024-13 CITY WIDE FENCING  1. PLACED ON AGENDA BY: Eddie Cook, City Manager Ashley Robyck, City Clerk  2. AGENDA: PRESENTATION PUBLIC HEARING OLD BUSINESS REGULAR  &  3. IST THIS ITEM BUDGETED (IF APPLICABLE)?: YES K No  4. BACKGROUND: (WHY,WHAT.WHO. WHERE, WHEN, HOW, & PANTPALATAGIMINT)  Staffissued an Invitation to Bid on Monday, August 5, 2024 with a closing date of Monday August 19,  2024. Four bids were: received as follows:  Bay County Fence Lux Fence Mr. Fence Bracewell Inc  $86,500.00 $140,000.00 $156,017.33 $316,500.00  At the August 27, 2024 Commission meeting, the bid was awarded to Bay County Fence, who has since withdrawn. Staff recommendation is to approve award to the next lowest bidder, Lux Fence, in the not-  to-exceed amount of$140,000.00  ATTACHMENTS:  BID CERTIFICATION, FORM AGREEMENT ENGINEERED PLANS & SPECS  5. REQUESTED MOTION/ACTION: Award of Agreement for Bid No. CM2024-13 to Lux Fence for the not-to-  exceed amount of $140,000.00    BID/REP CERTIFICATIONI FORM CITY OF CALLAWAY CITY WIDE FENCING PROJECT BID NO: CM2024-13  PROPOSERS CERTIFICATION TO THE CITY OF CALLAWAY:  1. The undersigned warrants that:( (A)This Proposal issubmittedi in response to, andi isi in compliance with, all terms and conditions applicablet theretoass set forthi int the Advertisement, Instructions tol Proposers, General the Instructions and Conditions, Special Instructions and Conditions, Bid/RFP Certification Forms, Minimum Technical Specifications, Addendum, Exhibits, Agreement, Bonds, andI Insurance Requirements, each of which has been carefully examined, (B) Proposer or Proposer's representative has made such investigation as is necessary to determine the character and extent of the work and their capability to perform the work, and (C) agrees that ift the Proposal is accepted by the City, Proposer will provide services the necessary labor, materials, machinery, equipment, tools or apparatus, and perform allt the work ors requiredt to complete the assignment and/or contraçt within thet time specified according tot ther requirements oft the City as herein and hereinafter set forth, and (D) he/she is authorized to legally execute binding  contracts. fora and on behalf of the Proposer.  2. Please check one:  interested.i int this Proposal are  E Proposer declares thatt the only person, persons, company, or parties  named in the Proposal.  Proposer, or one or more ofF Proposer's officers, principals, or any owner ofr moret than 5%i in or of proposer, orn members oft their immediate families: (A)have ai financiali interesti in another çompany, project, or property that could benefit financially from this proposed project; and/or (B) another individual or business willl be compensated by (or on behalf of proposer) ifF Proposer is selected by the City fort the requested services. (Attach ac detailed explanation for either.)  3. Bid Bond Ift the Proposal is accepted byt the City, it will become al binding çontract on both parties. Ifa Bid Bond or Cashier's Check/Certified: Check is required, it shall bes submitted with. the Proposal. Ifthe undersigned shall fail to deliver or perform, or ifapplicable, execute a Contract as stated herein, then the City may, at its option; determine. that thet undersigned has abandoned the Awar/Contract,and thereupon such Bid and/or Award shall be null and: void, and any Cashier's Check/Certified Check or Bond accompanying this Bids shall be forfeited to: and become the property ofthe City, andt thet full amountofsaid check, or ifa Bid Bond, the full amount of such bond, shall be paid to the City as partial liquidated damages; otherwise, any Bond or Cashier's Check/Certified Check. accompanying this Bid shall be returned tot theu undersigned within: 30 calendar daysi from the date ofAward, ori ifprovisions foraNoticet to Callaway CITY WIDE FENCING PROJECT BIDI NO: CM2024-13, for the Total Sum(s) as follows  Procéed arei included, from the date oft the Notice to. Proceed. Vendor proposes and agrees. to provide all materials, (lotals must match Par):ontHunane Forly Thousank  services or Dollars ($_140,000 .  for the City of  4.  equipment required  allached breakdown of costs for each  5. Number of days from date ofthel Notice tol Proceed that will be required for the final completion ofall work  as described! herein.  30  (Maximum 30 Calendar Days)  6. The City reserves the right to accept any or all prices itemized in any combination. that best serves the interests oft the City. The City further reserves the right to accept or reject. any oft the components of this  Proposal, including alternates.  Pagel lof2    7. BIDDER HEREBY. ACKNOWLEDGES RECEIPT OF THE FOLLOWING. ADDENDUMS: Name of Bidder: Lux Moving Services uLC (DBA) Lux Fence Business structure: OCapamioaPemeAO )Individual, (Other: LLC  Ifal Partnership: Name(s) of Partnerfs): IfaCorporation:  Incorporated in State of:  Date ofl Incorporation:  Business Address: 1805 3a600 Ave City:Panama cihy SwLZP.32405 Telephone Number: (M8,217-47FaL ) Submitted By: Abaullah Bamadon  (Print) -  Title: Ouner Signature: ATTEST-  -  Secretary By: Aboullah Rommodan Print Name  Affix Corporate Seal. (IrCorporation)  State of Florida County of  The foregoing instrument was acknowledged before met this bra dayofAUGUSJ202 by ABDULLAH RAMADAN whoi isp personally known to me or whoj presented FL.D.LC.. CKEEAICNGS not)t take  an oath.  AUDREY M. BELIANY MYC COMMISSIONAHH 457734 BPRER-0aer24,2027  [Printed, typed or stamped name of Notary Public)  Ays A bdlony  NOTE: BIDSI MAYBE4 REJECTEDIFALLI DOCUMENTS, ARENOTO COMPLETE. ANDI EXECUTED,AND THE NUMBER OF COPIES SPECIFEDREQVESTED OF EACH ARE NOT SUBMITTED WITH THE  BID.  Page 2of2    AGREEMENT FOR CONTRACTOR SERVICES CITY WIDE FENCING PROJECT BID NO: CM2024-13  This Agreement made as of this 10th day of, September, 2024, by and between the City of Callaway, Florida (the "CITY"), and Lux Fence authorized to do business in the State ofFlorida (the CONTRACTOR), and whose address is 1805 Balboa Ave Panama City F1,32405 Phone: Inc consideration oft the mutual promises contained herein, the CITY and the CONTRACTOR agree  (448)217-4269. as follows:  ARTICLE1- SCOPE OF SERVICES  The CONTRACTORS responsibility under this Agreement is to furnish, deliver, and construct all materials, labor, and equipment and to perform all operations in accordance with the plans and specifications and as listed in the Bid Form for the CITY WIDE FENCING PROJECT BID NO: The CONTRACTORS Scope of Work for providing services under this Agreement is set forth in Exhibitl. Services of the CONTRACTOR shall be under the general direction oft the CITY MANAGER, who may designate a person to act as the CITY'S representative (hereinafter REPRESENTATIVE? The CITY shall furnish to the CONTRACTOR up to four (4) sets oft the Contract Documents for execution oft the Work. Additional copies oft the Contract Documents are available at the cost ofr reproduction.  CM2024-13.  during the performance ofthis Agreement.  ARTICLE2- SCHEDULE  The term oft this contract shall commence upon written Notice to Proceed by the City and that all work will  bec completed within 30 days oft thel Notice to Proceed. ARTICUE3-PAYMENI) TOCONTRACTOR  A. The CITY shall pay to the CONTRACTOR for services satisfactorily performed $_ 140,000.00, which includes all direct charges, indirect charges and reimbursable expenses, if any. The The invoices received from the CONTRACTOR pursuant to this Agreement will be reviewed and approved by the City Manager's office, indicating that services have been rendered in conformity with the Agreement, and then will be sent to the Finance Department for payment. The invoice must specify the work performed. Ten percent (10%) of each invoiced amount will be withheld and retained by the CITY until completion of the work to the satisfaction of the CITY. In order for both parties herein to close their books and records, the CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S final/last billing to the CITY. This indicates that all services have been performed and all charges and costsl have been invoiced to the CITY. Since this account will thereupon be closed, any and other further charges if not properly included on this  CONTRACTOR will bill the CITY monthly.  B.    final invoice shall be waived by the CONTRACTOR.  D.  CONTRACTOR acknowledges that it has reviewed the scope ofv work and inspected the work site  and does not anticipate having any CONTRACTOR requested change orders.  ARTICLE4 4-TERMINATION  This Agreement may be terminated by the CONTRACTOR on 60 days prior written notice to the CITY in the event ofsubstantial: failure by the CITY toj perform in accordance with thet terms hereoftl through noi fault ofthe CONTRACTOR. It may also be terminated by the CITY, with or without cause, immediately upon written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Agreement, the CONTRACTOR shall be paid for services rendered to the CITY'S satisfaction through the date of termination. After receipt of a termination notice and except as otherwise directed by the CITY the  CONTRACTOR shall:  A. Stop work on the date and to the extent specified.  B. C. D.  Terminate and settle all orders and subcontracts relating to the performance oft the terminated work. Transfer all work inj process, completed work, and other material related to the terminated work to  the CITY.  Continue and complete all parts of the work that have not been terminated.  ARTICLE5-P PERSONNEL  The CONTRACTOR represents that itl has or will secure ati its own expense all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any All of the services required herein under shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to  contractual relationship with the CITY.  authorized or permitted under State and local law to perform such services.  the highest professional standards in the field. ARTICLE6-SUBCONTRACTING  The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. The CONTRACTOR is encouraged to seek minority and women business enterprises for participation in subcontracting Ifas subcontractor fails to perform or make progress, as required by this Agreement, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do  opportunities.  sO, subject to acceptance oft the new subcontractor by the CITY. ARTICLE7-) FEDERAL. AND STATETAX  The CONTRACTOR shall be responsible for payment ofi its own FICA and Social Security benefits with    respect to this Agreement and the personnel it employs. ARTICLE8- - INSURANCE & BONDS  A. The CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance and bonds required under this paragraph and such insurance has been verified by the Alli insurance policies shall be issued by companies authorized to do business under the laws ofthe The CONTRACTOR shall maintain, during the life ofthis Agreement, comprehensive automobile liability insurance in the amount of $1,000,000 and $2,000,000 combined single limit for property damage and bodily injury liability covering claims which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles, whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. CONTRACTOR shall purchase and maintain aj policy or policies of commercial general liability insurance satisfactory in all respects to CITY, and casualty and extended coverage insurance. All policies shall be occurrence form policies and shall name CITY as an additional insured, with the premium thereon fully paid by CONTRACTOR on or before their due date. The general liability insurance policy shall afford minimum protection of $1,000,000 and $2,000,000 Required insurance shall be documented in Certificates of] Insurance which provide that CITY shall be notified at least 30 days in advance of cancellation, non-renewal or adverse change. New Certificates of Insurance are to be provided to CITY at least 15 days prior to coverage renewals. Ifr requested by CITY, CONTRACTOR shall furnish complete copies of its insurance policies, For commercial general liability coverage, CONTRACTOR shall, at the option of CITY, provide an indication oft the amount of claims, payments or reserves chargeable to the aggregate amount of Receipt of certificates or other documentation of insurance or policies or copies of policies by CITY, or by any of its representatives, which indicate less coverage than required does not constitute a waiver OfCONTRACTOR'S obligation to fulfill the insurance requirements herein. CONTRACTOR shall also purchase and maintain workers compensation insurance for all obligations imposed by law, with employer'sl liability limits ofatl least the statutory limit, or provide notarized affidavit of exemption listing relevant statutes. CONTRACTOR shall also purchase any CONTRACTORS maintenance of the insurance policies required hereunder shall not limit or Int the event that a performance or payment bond ist required due to use of grant funds fort thej project, by City Commission or as otherwise required, the CONTRACTOR shall not commence work under this Agreement until it has obtained the required bonds and provided such bonds to the CITY.  CITY. State ofFlorida.  B.  combined single limit coverage for bodily injury.  City ofCallaway, Florida is to be named as an additional insured entity.  forms and endorsements.  liability coverage.  other coverage required by law. otherwise affect its liability hereunder.  C.    ARTICLEP-IXCUSABLE DELAYS  The CONTRACTOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the CONTRACTOR'S control and without its fault or negligence. Such causes may include, but are not limited to: acts of God; the City's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. Iffailure to perform is caused by the failure of the CONTRACTOR'S, subcontractor(s) and is without the fault or negligence of them, the CONTRACTOR shall not be deemed to be in default. Upon the CONTRACTOR'S: request, the CITY shall consider the facts and extent ofany failure toj perform the work and, ifthe CONTRACTOR'S: failure toj perform was without its fault or negligence as determined by the CITY, any affected provision of this Agreement shall be revised accordingly; subject to the CITY's  rights to change, terminate, or stop any or all of the work at anytime.  ARTICLE 10-LIQUIDATED DAMAGES  Liquidated damages shall be paid to the CITY at the rate of $200 per day for all work awarded under the contract until the work has been satisfactorily completed as provided by the Contract Documents. Sundays Iti is agreed that the amount is the per-diem rate for damage incurred by reason of failure to complete the work. The said amount is hereby agreed upon as the reasonable costs which may be accrued by the CITY after the expiration oft the time of completion. It is expressly understood and agreed that this amount is not to be considered in the nature of a penalty, but as liquidated damages which have accrued against the CONTRACTOR. The CITY shall have the rightt to deduct such damages from any amount due, or that may become due the CONTRACTOR, or the amount of such damages shall be due and collectable from the  and Legal Holidays shall be excluded in determining days in default.  CONTRACTOR or Surety. ARTICLEII-ARREARS  The CONTRACTOR shall not pledge the CITY'S credit or make it a guarantor of payment or surety for  any contract, debt, obligation,. judgment, lien, or any form ofindebtedness. ARICIEI-DKCIOSURE AND OWNERSHIP OF DOCUMENTS  The CONTRACTOR shall deliver to the CITY for approval and acceptance, and before being eligible for final payment of any amount due, all documents and materials prepared by and for the CITY under this All written and oral information noti in the public domain or not previously known, and alli information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONTRACTOR and will not be disclosed to any other party, directly or indirectly, without the CITY'S Suchi information and data shall be and will remain the CITY'S property and may bei reproduced and reused All products generated by the CONTRACTOR for the CITY become thej property of the CITY. The CITY may require submission of any electronic file version of reports, data, maps, or other submission of  Agreement.  prior written consent. at the discretion of the CITY.    documentation produced for or as ar result oft this project in addition to paper documents.  The CITY and the CONTRACTOR shall comply with the provisions oft the Florida Public Records Law. PUBLIC RECORDS LAW. CONTRACTOR acknowledges that it is familiar with the provisions of the CONTRACTOR agrees to comply with Chapter 119, Florida Statutes, and specifically per Florida Statute 119.0701, CONTRACTOR agrees to keep and maintain public records that would be required by the City of Callaway in order to perform the services provided for in this Agreement; CONTRACTOR agrees to provide public access to any required public records in the same manner as a public agency; CONTRACTOR agrees toj protect exempt or confidential records from disclosure; CONTRACTOR agrees to meet public records retention requirement; and CONTRACTOR agrees that at the end oft term oft this Agreement, to transfer all public records to the City of Callaway and destroy any duplicate exempt or All products generated by the CONTRACTOR for the CITY become thej property oft the CITY. The CITY may require submission of any electronic file version of reports, data, maps or other submission of documentation produced for or as a result ofthis Bid/Proposal in addition toj paper documents. Further, in accordance with the Public Records Laws of the State of Florida, Section 119.0701, (2013), A. Keep and maintain public records that ordinarily and necessarily would be required by the public  Public Records Law of the State of Florida.  confidential public records.  Contractor must:  agency in order to perform the service. or as otherwise provided by law. disclosed except as authorized by law.  B. C.  Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does note exceed the cost provided int this chapter Ensure that public records that are exempt or confidential and exempt from public records are not D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public record disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems oft the public agency. Ifa contractor does not comply with a public records request, the public agency shall enforce the All covenants, agreements, representations, and warranties made herein, or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery ofthis Agreement and the consummation Ifthe CONTRACTOR has questions regarding the application of Chapter 119, Florida Statutes, to the CONTRACTORS duty to provide public records relating to this contract, contact the custodian of public records, Ashley Robyck, City Clerk, at850-215-6694, by email ata arobyck@cityotcalaway.com,  E.  contract provision in accordance with the contract.  ofthe transactions contemplated hereby.  or via mail, at 6601 E. Hwy. 22, Callaway, FL 32404.    ARTICLE1 13-1 INDEPENDENT CONTRACTOR RELATIONSHIP  The CONTRACTOR is, and shall be, in the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant oft the CITY. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONTRACTOR'S relationship and the relationship ofi its employees to the CITY shall be The CONTRACTOR does not have the power or authority to bind the CITY in any promise, agreement or The CONTRACTOR shall hold the CITY, its officers, agents and employees harmless and free from any loss, damage or expense arising out of any occurrence relating to this Agreement or its performance and shall indemnify the CITY, its officers, agents and employees, customers, and successors against any damage or claim of any type arising from the negligent or intentional acts or omission of the  that ofa an independent contractor and not as employees or agents oft the CITY.  representation.  CONTRACTOR.  ARTICLE14- CONTRACT ASSIGNMENT  The CONTRACTOR shall not sublet, sell, transfer, assign or otherwise dispose oft the CONTRACT or any portion thereof, or of his right, title, or interest therein, without written consent of the CITY. The CONTRACTOR shall complete the work contemplated by the terms and conditions oft this Agreement in an amount equivalent to at least 50 percent (50%) of the dollar value of work to be performed under this Contract utilizing its own business or corporate entity, sO that no single labor, material man, or subcontractor shall be permitted to perform more than 50% oft the work contemplated by this Contract.  ARTICLE 15-AMENDMENT  None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by a written instrument executed by the parties hereto.  ARTICLE 16-E ENFORCEMENT COSTS  Ifany legal action or other proceeding is brought for the enforcement of this Agreement, or because ofan alleged dispute, breach, default, or misrepresentation in connection with any provision, the successful or prevailing party or parties shall be entitledt toi recover reasonable attorney'sf fees, court costs and alle expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or  parties may be entitled.  ARTICLE 17-AUTHORITYTO PRACTICE  The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in  ar reputable manner.  ARTICLE 18-SEVERABILITY  Ifany term or provision on this Agreement, or the application thereof to any person or circumstances shall,    to any extent, be held invalid or unenforceable, the remainder ofthis Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision oft this Agreement shall be deemed  valid and enforceable to the extent permitted by law.  ARTICLE 19-CITY'S REPRESENTATIVE AND AUTHORITY  The person designated by the CITY MANAGER shall serve as the CITY'S REPRESENTATIVE and shall decide questions which may arise ast to quality and acceptability ofmaterials furnished and work performed, The REPRESENTATIVE will not be responsible for the construction means, controls, techniques, The REPRESENTATIVE may assign Project Inspector(s) who shall serve to assist the REPRESENTATIVE in determining if the work performed and the materials used meet the Contract requirements. The Project Inspector shall be authorized to issue Field Orders. The Project Inspector shall be authorized to stop all or any portion of the work ifin his opinion the work is not proceeding according  and shall interpret the intent oft the Contract Documents with reasonable promptness.  sequences, procedures, or construction safety.  tot the requirements oft the plans and specifications. ARTICLE 20 - MODIFICATION  The CITY reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the CITY'S notification of a contemplated change, the CONTRACTOR: shall()ifrequested by CITY, provide an estimate for thei increase or decrease in cost due to the contemplated change, (2)notify the CITY ofa fany estimated change int the completion date, and (3)advise the CITY in writing ift the contemplated change shall affect the CONTRACTOR'S: ability to If the CITY sO instructs in writing, the CONTRACTOR shall suspend work on that portion oft the work affected by a contemplated change, pending the CITY'S decision to proceed with the change. Ifthe CITY elects to make the change, the CITY shall issue a contract amendment or change order and the CONTRACTOR shall not commence work on any such change until such written amendment or change  meet the completion dates or schedules of this Agreement.  order has been issued and signed by each of the parties. ARTICLE21-CONTRACTDOCUMENTS  The other documents which comprise the entire Agreement are attached hereto, made a part hereof and  consist oft the following:  A. Advertisement for Bids,  B. C. D. E.  Special Instructions and Conditions, General Instructions and Conditions, Minimum Technical Specifications, Bid Forms Bid Certification Form Drug-Free Workplace Certification Public Entity Crimes Statement, Addendums (ifany),  G.    H. Performance & Payments Bonds (ifrequired),  I.  Change Orders (ifany).  In the event ofa conflict between the terms of the above documents and the terms of this Agreement, the There are no contract documents other than those listed above and there are noj promises or understandings  terms oft this Agreement shall prevail. other than those stated herein. ARTICLEI2-VENUE  All applicable laws, regulations and ordinances oft the State ofFlorida, Bay County and the CityofCallaway will apply to consideration and award of any Bid/Proposal and the performance of the bidder/proposal pursuant thereto, and shall be governed by the laws of the State of Florida both as to intention and performance. The venue for any action arising from the award or subsequent performance shall lie exclusively in the Circuit Court of Bay County, Florida, or the United States District Court for thel Northern  District of Florida, as applicable. ARTICLEZ3-NOTICE to the CITY shall be mailed to:  All notices required in this Agreement shall be sent by certified mail, return receipt requested, and ifs sent  City of Callaway 6601 East Hwy. 22 Callaway, Florida 32404 Attention: Ashley Robyck, City Clerk Phone: (850).215-6694 Email: obyegeyetalawycon  With a copy to: Kevin D. Obos, Esq. City Attorney  Harrison Sale McCloy P.O. Drawer 1579 Panama City, FL 32402 Phone: (850)769-3434 Fax: (850)769-6121  and ifs sent to the CONTRACTOR shall be mailed to:  Either party may change its address noted above by giving written notice to the other party in accordance  with the requirements oft the Section.    This Agreement is entered into as of the day and year first written above and is executed in at least two original copies of which one is to be delivered to the CONTRACTOR, and one to the CITY CLERK for  filing in the official records. CITY CLERK Attest:  CITY OF CALLAWAY, FLORIDA  By:  Ashley Robyck City Clerk  Pamn Henderson, Mayor  Contractor Witnesses: (2REQUIRED) Witness:  Contractor:  Name Signature Name Signature  Business Name By: Signature  Witness:  Print Name and Title  APPROVED. AS TOl FORMI FORT THEI RELIANCE OF THE  CITY OF CALLAWAYONLY:  KEVIN D. OBOS, HARRISON SALE MCCLOY  CITY ATTORNEY    JOA O  8  I  L LL 3  3    OVONE BONVHIN3X   OA ALID BP092  T  228S    SNVIBIEAS  O ALIO 8v092  AGHINaOnS7H    JOA ALID 81092  HGHINaaNS TH    AVMVTVO o ALIO    dNOLNOWBO SNOLLIGNOD 9NIISIXS  W3  JO ALI BP0S  EREE  ELB    AVMVTIVO JOA AIID BP092  GREP  CLE    myéuryv 9906716058)3 3NOH2731 ZOTDV AVIESENONON VA103IIHONV IdVosGNV1 VTSV/OHGuy  Zor2F  NDISEG EdVOSONV MHVd SGOOM ANVLLIHS  ,   poobbbf  9E1  0-06  S121  91EF    9jaa4s MI3ONOUIONHISNOOS ONIONE WW33 AVMVIIVO JO AIID 8v092  6    Brittany Woods Dog Park Fence, 170 Byrd Drive, Callaway FL3 32404 6'-9 Gauge Black Coated Chain Link- - 90' x127' FT. Entry Area 10' x10' with (2) two 36" Gates Maintenance Entry Gate - (2)5 on North Side  Callaway Cemetery Decorative Fence, 116 Bob Little Rd. Callaway, FL: 32404  690' LF Ornamental Black Powdercoated Metal Fence 4' Height Quad Flare Adornments Fencing to bei installed on existing Brick Columns  Callaway Sports Complex, 500 Callaway Park' Way, Callaway, FL32404 Veteran's Park Fence, 5916 Cherry St, Callaway, FL 32404 a. 850't LF White Vinyl Fence on West Side of Park  1377 LF 6' White Vinyl Fence  b. 176t LF Ornamental Black Powdercoated Metal Fence with 48" Gate  See Detail Sheet on plans.