REGULAR CITY COMMISSION MEETING TUESDAY,AUGUST 13,2024 6:00 P.M COMMISSION CHAMBERS, CITYI HALL 8W. BROADWAYST. FORT MEADE, FLORIDA 33841 Meeting ID: 89682109266 Passcode: 997601 13052241968,89682109266H.m ,*997601# US  nttps://U502webz0om.5//896821092667PWd-m86b29cOnlpUORYSRNhmmlZi54yml5.1  A. B. C. E. F.  CALL TO ORDER ROLL CALL - CITY CLERK  INVOCATION AND PLEDGE TO THE FLAG  D. ADDITIONS AND/OR DELETIONS  PROCLAMATIONSPRESENTATIONS/AWARDS/REPORIS  PUBLIC FORUM: Each person addressing the Commission shall sign in with the City Clerk no later than 6:05 PM. Persons shall step up to the microphone, shall give his/her name and address in an audible tone ofvoice for the record and, and unless further time is granted by the Commission, shall limit their address to the three (3) minutes. All remarks shall be addressed to the Commission: as a body,and not to any memberthereof. Noj person otherthan the members of the commission having the floor, shall be permitted to enter into any  discussion, either directly or through the members of the commission.  G. APPROVAL OF MINUTES:  01. Minutes of July 9, 2024, Regular Commission Meeting and Amended Minutes of June 9,  2024, Regular Commission Meeting.  H. CONSENT AGENDA: (one vote on all items unless pulled from agenda); 01. FDOT State Highway Lighting, Maintenance and Compensation Agreement  02. Modification No. 3 to the Interlocal Agreement for fire dispatch with the Polk County Sheriff's  Office RESOLUTIONIS) ORDINANCE): Ordinance.  I. J.  01. Resolution R2024-64 Extension of the Temporary License Agreement with Retroflow  01. Ordinance 2024-16 Repealing Ordinance 2024-12 Amending the Floodplain Management  02. Ordinance 2024-17 Amending the Floodplain Management Ordinance 03. Ordinance 2024-18 Updating the Fort Meade Fire Prevention Code  K. PUBLIC HEARINGS, if any:    01. Annual Stormwater Assessment Resolution R2024-62 approvinga a final stormwater assessment roll 02. Final Fire Protection Assessment Resolution R2024-63 approving a final fire assessment roll OLD BUSINESS (discussion of matters held over from last meeting, if any)  L.  M. NEW BUSINESS:  01. Resolution R2024-65 Proposal to form aj partnership with Retail Strategies for Economic  Development REPORT OF THE MAYOR: REPORT OF THE CITY MANAGER: REPORT OF THE CITY ATTORNEY:  N. O. P. Q.  FUTURE AGENDA ITEMS OF COMMISSIONERS, if any:  R. FOR THE GOOD OF THE ORDER (limited to events, feel good announcements  only) ADJOURN.  S.  NOTE: Ifany person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, andfor such purpose, he/she 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. (F.S. $286.0105)    CITY OF FORT MEADE, FLORIDA FOR MEETING OF AUGUST 13, 2024  STAFF REPORT AGENDA ITEM G-01  SUBJECT:  Minutes of. July 9, 2024, Regular Commission Meeting and Minutes of June 11, 2024, Regular  Commission Meeting with corrections.  BACKGROUND:  The commission held a Regular Commission Meeting on July 9, 2024, in commission chambers 8 At the July 9, 2024, the commission voted to amend the Minutes of the July 27, 2024, Special Meeting to include the discussion between Interim City Manger Burke and Mayor McCutchen at the end ofthe meeting. The meeting where said discussion took place was the regular meeting of. June 11, 2024, and not the July 27, 2024, meeting. The minutes of June 11, 2024, with the required  W. Broadway St., Fort Meade, FL. and YouTube virtual meeting.  corrections are attached for approval. FISCALIMPACT: None.  RECOMMENDATION: Regular Commission Meeting.  Approve the Minutes ofJuly 9, 2024, Regular Commission Meeting and Minutes ofJ June 11,2024,  MOTION: Approve the MinutesofJuly 9,2024, Regular Commission Meeting and Minutes  ofJune 11,2024, Regular Commission Meeting with corrections.        MINUTES CITY OF FORT MEADE TUESDAYJULYS 9, 2024  REGULAR CITY COMMISSION MEETING  A Regular Meeting oft the Fort Meade City Commission was held on Tuesday, July 9, 2024, at 6:00 P.M. at Commission Chambers, 8 W. Broadway Street, Fort Meade, Florida, and via  YouTube. CALLTOORDER: ROLL CALL: Mayor Vice Mayor Commissioner Commissioner Commissioner Staff Present Interim City Manager City Attorney Deputy City Clerk Finance Assistant Fire Chief HR Director  A. B.  The Meeting was called to order at 6:00. PM by Mayor McCutchen  Petrina McCutchen Samuel Berrien James Watts James Possum Schaill Jaret Williams Dustin Burke Shirlyon McWhorter Melissa Cannon Kelsey Kikta Matthew Zahara George McNerney Danelle Holder  Present Present Present Present Present Present Present Present Present Present Present Present  Customer Service Supervisor  Also present was PCSO Sgt. Ernest Fulcher and Deputy Weldon INVOCATION AND PLEDGE TOTHE FLAG ADDITIONS AND/OR DELETIONS  C. D.  Commissioner Berrien led the invocation. Mayor McCutchen led the pledge to the flag.  01.Add Item M-01 Resolution Approving Change Order No. 2 for US 98 Water Relocations 02. Add Item H-05 Resolution to Revise Fort Meade Library Hours ofOperation  Project  Motion Commissioner Watts, second Commissioner Schaill to add Items M-01 and H-05 to Motion to add items M-01 and H-05 to the agenda passed by a unanimous vote of5-0.  the agenda.  E.  PROCLAMATIONASIPRESENTATIONSAWARDS/REPORIS  01. Proclamation - Fort Meade Child Development Center Staff Appreciation Day  02. Proclamation - Disability Pride Month    City ofFort! Meade, Florida Regular City Commission Meeting July9 9,2 2024 Page2  03. Proclamation - Hurricane Preparedness Month 04. Proclamation - Parks & Recreation Month 05. Proclamation - Summer Reading Awareness Month their proclamations and thanked them for their efforts.  Mayor McCutchen read the proclamations aloud and presented the participants with  F.  PUBLIC FORUM:  PUBLIC FORUM: Each person addressing the Commission shall sign in with the City Clerk no later than 6:35 PM. Persons shall step up to the microphone, shall give his/her name and address in an audible tone of voice for the record and, and unless further time is granted by the Commission, shall limit their address to the three (3) minutes. All remarks shall be addressed to the Commission as a body, and not to any member thereof. No person other than the members of the commission having the floor, shall be permitted to enter into any discussion, either directly or through the members of the commission. Mr. Terry Booker, 1017 Indiana St., Fort Meade, stated he would like to know about the Blue- Ms. Tinal Leach, 1825 Lakeside Dr., Fort Meade, stated that she would like to address the commission and read Section 12 ofthe city charter. Ms. Leach stated that items that are to come to the commission for approval should not be discussed anywhere but in a public meeting. Ms. Leach stated that she cannot believe that the commission would hire someone like  Ribbon Committee.  Mr. Dean with his past. G. APPROVAL OF MINUTES:  01.Minutes of June 11, 2024, Regular Commission Meeting and Minutes of. June 27, 2024,  Special Commission Meeting.  Motion Commissioner Berrien, second Commissioner Watts to approve the minutes of the regular meeting of. June 11,2024, with the addition ofthe discussion at the end of the meeting between Interim City Manager Burke and Mayor McCutchen and the minutes of the June 27, 2024, Special Meeting. Motion to approve the minutes oft the regular meeting ofJune 11, 2024, with amendments and the minutes of the special meeting of. June 27, 2024, passed by a  unanimous vote of4-1.  H. CONSENT AGENDA: (one vote on all items unless pulled from agenda); 01. Resolution 2024-57 Appointment of Planning and Zoning Board Members  RESOLUTIONS)  Motion Commissioner Schaill, second Commissioner Watts to appoint Tomas Pizana, Megan Zahara, Curtis Franklin, Vincent Duarte, Richard Cason, James Myers and  Ramel Ford to the Planning and Zoning Board.    City of Fort Meade, Florida Regular City Commission! Meeting July 9,2024 Page3  Motion to appoint the members of the Planning and Zoning Board passed by a  unanimous vote of5-0. RESOLUTIONS:  I.  01. Resolution 2024-58 to Establish Tentative Millage Rate for Fiscal Year 2024/25 After much discussion Motion Vice Mayor Berrien, second Commissioner Schaill to establish the tentative millage rate for FY 2024/2025 at 9.4500%. passed by a vote of 4-1 with Commissioner Watts opposed.  Motion to establish the tentative millage rate at 9.4500 which is an increase of 18.79% Motion Commissioner Watts, second Commissioner Schaill to set the TRIM Public Motion to set TRIM Public Hearing dates as September 10, 2024, and September 24, 02. Initial Stormwater Assessment Resolution 2024-55Preliminarily approving the tentative  Hearing Dates for September 10, 2024, and September 24, 2024.  2024 passed by a unanimous vote of5-0.  stormwater assessment roll.  Motion Vice Mayor Berrien, second Commissioner Schaill to approve Resolution Motion to approve. Resolution R2024-55 approving the tentative stormwater  R2024-55 approving the tentative stormwater assessment roll. assessment roll passed by a unanimous vote of5-0.  03. Initial Fire Protection Assessment Resolution 2024-56 Preliminarily approving the tentative Motion Commissioner Schaill, second Vice Mayor Berrien to approve Resolution  fire assessment roll.  R2024-56 approving the tentative fire assessment roll.  Motion to approve Resolution R2024-56 approving the tentative fire assessment roll  passed by a unanimous vote of5 5-0.  04. Resolution 2024-59 Establishing Budget Workshop Schedule R2024-59 approving the budget workshop schedule.  Motion Commissioner Schaill, second Vice Mayor Berrien to approve. Resolution Motion to approve Resolution R2024-59 approving the budget workshop schedule 05. Resolution R2024-60 to Revise Fort Meade Public Library Hours of Operation  passed by a unanimous vote of5-0.    City ofFort Meade, Florida Regular City Commission' Meeting July 9,2024 Page4  Motion Commissioner Watts, second Commissioner Schaill, to approve Resolution R2024-60 revising the Fort Meade Public Library hours of operation as recommended  by the library director.  Motion to approve Resolution R2024-60 passed by a unanimous vote of5-0. 01. Ordinance 2024-13 Establishing a Hardship Program for the Fire Assessment. Motion Commissioner Watts, second Commissioner Schaill to table Ordinance 2024-13 until the new city manager has had a chance to research the options. Motion to table Ordinance 2024-13 passed by a unanimous vote of5-0.  J.  ORDINANCES:  K. PUBLIC HEARINGS, ifany:  L. OLDBUSINESS (discussion of matters held over from last meeting, if any)  M. NEW BUSINESS:  01. Resolution R2024-61 Approving Change Order/No. 2 for US 98 Water Utility Water/Wastewater Director Tommy King gave an overview oft the change order. Motion Vice Mayor Berrien, second Commissioner Watts to approve Resolution R2024-61 approving change order no. 2 for US98 Water Utility Relocations Project. Motion to approve Resolution R2024-61 passed by a unanimous vote of5-0.  Relocations Project.  N. REPORT OF THE MAYOR:  Mayor McCutchen asked attorney Powell what the role of the commission was for Attorney Powell responded that the commission is not an investigating body.  whistleblowefs complaints.  O. REPORT OF THE CITY MANAGER:  01. Initial Announcement of Current Power Cost Adjustment (PCA) per Ordinance Interim City Manager Burke gave an overview of the announcement and stated that  Section 24- - 155(5)c  current Power Cost Adjustment (PCA) is set at 48%. REPORT OF THE CITY ATTORNEY:  P.    City ofl Fort! Meade, Florida Regular City Commission! Meeting July 9,2024 Pages  Attorney Powell gave an update of the special meeting regarding the hiring of new City Manager Dean, stating the contract has been signed and his start date is. July 22, 2024.  Q. FUTURE AGENDA ITEMS OF COMMISSIONERS, ifany:  Mayor McCutchen stated she would like to see the hardship ordinance come back to the Vice Mayor Berrien asked when the Boys and Girls Club contract would end. Interim Burke stated that the Boys and Girls Club contract is set to expire on May 10,  commission for consideration.  2025. only)  R. FOR THE GOOD OF THE ORDER (limited to events, feel good announcements  Commissioner Schaill asked for an update on the Lanier project because iti is aj pain. Interim Burke stated there were some surveying issues that needed to be addressed. Vice Mayor Berrien stated that the July 4th activities were wonderful this year with the Commissioner Watts concurred with Vice Mayor Berrien about the July 4th activities stating people come: from all over the see them and thanked the staff and volunteers. Mayor McCutchen thanked staffandvolunteers for all they do. Mayor McCutchen stated Vice Mayor Berrien stated that most of these events are done by individuals and would Interim Burke stated he would like to express thanks as this will be his last meeting as city manager: "First, Madam Mayor, thank you for your support, leadership and help. Vice Mayor Berrien, thank you for your vote that put me here. Commissioner Schaill, you are the one who encouraged me to put my name in the hat, thank you for giving me the courage. Commissioner Watts, it's been real. Commissioner Williams, you're a standup guy and la appreciate you. Staff, they are not the same staff as when Is started, they are taking accountability and ownership ini the process. Thank you to the community for  Mr. & Ms. Firecracker, the golf cart parade and the fireworks.  she would like to see: more advertising for events.  like to see the commission set aside money for advertising.  their support. And to my family for their support."  S. NOTE:  ADJOURN:  Ifany person decides to appeal any decision made by the City Commission with  respect to any matter considered at this meeting or hearing, he/she will need a record ofthe proceedings, and for such purpose, he/she 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. (F.S. $286.0105)    City ofFort! Meade, Florida Regular City Commission! Meeting July 9,2024 Page6  There being no further business to conduct, Motion Vice Mayor Berrien, second Commissioner Schaill to adjourn the Regular Commission meeting of. July 9, 2024, at 7:35  PM.  Motion to adjourn passed by unanimous vote of5-0.  ATTEST:  Petrina McCutchen, Mayor  Melissa Cannon, Deputy City Clerk    MINUTES CITY OF FORT MEADE TUESDAYJUNE 11, 2024  REGULAR CITY COMMISSION MEETING  A Regular Meeting oft the Fort Meade City Commission was held on Tuesday, June 11, 2024, at 6:00 P.M. at Commission Chambers, 8 W. Broadway Street, Fort Meade, Florida, and via  YouTube.  A. CALLTOORDER:  The Meeting was called to order at 6:00 PM by Mayor McCutchen  B.  ROLLCALL: Mayor Vice Mayor Commissioner Commissioner Commissioner Staff Present Interim City Manager City Attorney Deputy City Clerk Finance Assistant Fire Chief HR Director  Petrina McCutchen Samuel Berrien James Watts James Possum Schaill Jaret Williams Dustin Burke Shirlyon McWhorter Melissa Cannon Kelsey Kikta Matthew Zahara George McNerney Danelle Holder  Present Present Present Present Present Present Present Present Present Present Present Present  Customer Service Supervisor  Also present was. PCSO Sgt. Ernest Fulcher and Deputy Weldon INVOCATION AND PLEDGETOTHE FLAG ADDITIONS AND/OR DELETIONS  C. D. E.  Commissioner Berrien led the invocation. Mayor McCutchen led the pledge to the flag.  PROCLAMATIONASIPRESENTATIONS/AWARDS/REPORTS  01. Proclamation - Fort Meade Child Development Center Staff Appreciation Day  02. Proclamation - Disability Pride Month 03. Proclamation - Hurricane Preparedness Month 04. Proclamation - Parks & Recreation Month 05. Proclamation - Summer Reading Awareness Month their proclamations and thanked them for their efforts.  Mayor McCutchen read the proclamations aloud and presented the participants with  F.  PUBLIC FORUM:  PUBLIC FORUM: Each person addressing the Commission shall sign in with the City Clerk no later than 6:35 PM. Persons shall step up to the microphone, shall give his/her name and address in an audible tone of voice for the record and, and unless further time    City ofFort! Meade, Florida Regular City Commission Meeting June 11,2024 Page2  is granted by the Commission, shall limit their address to the three (3) minutes. All remarks shall be addressed to the Commission as a body, and not to any member thereof. No person other than the members ofthe commission having the floor, shall be permitted to enter into any discussion, either directly or through the members of the commission. Mr. Ben Speight, 613 NE: 3rd St., Fort Meade stated that Mayor McCutchen is running a good show. Mr. Speight recommended that the commission use good judgement when electing a permanent city manager. Mr. Speight stated that the termination ofMs. Tracy Simmons was unfortunate and would like to see her brought back to her position with ai raise. Ms. Shayla Rylie, 425 S. French Ave., Fort Meade stated that 2 oft the commissioners don't have the same goals and should consider resigning. Ms. Rylie requested the commission Mr. Gregory Ash 707 S French asked why the city is not passing for Mt. Pleasant Baptist Church to expand because of parking when they can park at neighboring properties. Ms. Pam Clark Boyd, 830 Sherwood Dr., Fort Meade stated that people need to be aware of their surroundings inj public when they are speaking ill of someone else and being disrespectful. Ms. Tina Leach, 1825 Lakeside Dr., Fort Meade, stated that Mr. Burke has done an excellent job as interim and considering someone that has already been terminated from another city is a Ms. Wanda Whitehurst 805 S. Pine Ave, Fort Meade stated she is not impressed with the city manager candidates. The only thing that Mr. Burke doesn't have is the experience of the others  consider keeping Mr. Burke as city manager.  bad decision.  but has shown to be doing a good joba and he should have a contract. 01. Minutes ofMay 14, 2024, Regular Commission Meeting.  G. APPROVAL OF MINUTES:  Motion Commissioner Schaill, second Commissioner Watts to approve the minutes Motion to approve the minutes of the regular meeting of May 14, 2024, passed by a  of the regular meeting ofl May 14, 2024.  unanimous vote of5-0.  H. CONSENT AGENDA: (one vote on all items unless pulled from agenda);  RESOLUTIONS) Commerce  01. Resolution 2024-44 Modification Number 1 to Subgrant Agreement with the Department of 02-Resehatien-20245-Auaviring-Peppelual-Fasement-and fwpyisw-AErene 03. Resolution 2024-52 to Appoint George McNerney to the Historic Society of Fort Meade's 04. Resolution R24-54 Designating Authorized Representatives for Annual Financial Report  with-SewthwestHerida-Wate-MamgemagememtPstieterMenitering-Wel  Board ofl Directors Certification    City of Fort Meade, Florida Regular City Commission! Meeting June 11,2024 Page3  Motion Commissioner Watts, second Commissioner Schaill to approve the consent Motion to approve the consent agenda passed by a unanimous vote of5-0. 01. Resolution 2024-45 Adding Juneteenth as an Official Holiday for City Employees Motion Commissioner Watts, second Commissioner Schaill to approve Resolution R2024-45 Adding Juneteenth as an Official Holiday for City Employees. Motion to approve Resolution R2024-45 passed by a unanimous vote of5-0.  agenda as written.  I.  RESOLUTIONS:  02. Resolution 2024-37 Enacting Temporary Lien Amnesty Program  Mr. Burke gave an overview of the Code Enforcement Lien Amnésty Program. Mr. Greg Commissioner Watts stated that he is concerned about forgiving hard costs that the  King went on to explain more about the program.  taxpayers have incurred.  Vice Mayor Berrien stated that his reservations are the length oft time suggested and that it iss subjective, stating that they should all come back before the commission for approval. Vice Mayor Berrien stated that he does not agree with having the city manager or designee having the authority to approve the liens, stating there will be no accountability. Commissioner Watts and Commissioner Schaill agreed that each case should come back  before the commission for approval. Mr. King explained further.  Mr. Burke stated this would clean up the liens, making it fair for all residents.  It was suggested that designee" be stricken from the resolution and add a monthly report. Attorney McWhorter reread the resolution with the recommended changes. After much discussion, Motion Vice Mayor Berrien, second Commissioner Williams to approve Resolution R2024-37 with the recommended changes. Motion to approve Resolution R2024-37 with the recommended changes passed by a vote of3-2 with Commissioner Watts and Commissioner Schaill opposed. Mayor McCutchen called a recess at 7:40 pm. Mayor McCutchen reconvened the  meeting at 7:47 pm.    City ofFort Meade, Florida Regular City Commissionl Meeting June 11,2024 Page4  03. Resolution 2024-47 Amending Library Fine Policy  Motion Vice Mayor Berrien, second Commissioner Schaill to approve. Resolution Motion to approve Resolution R2024-47 passed by a unanimous vote of5 5-0. 04. Resolution R24-53 Preliminarily Adopting Revised Fire Assessment Fees R2024-53 preliminarily adopting revised fire assessment fees.  R2024-47.  Motion Commissioner Watts, second Commissioner Schaill, to approve Resolution Motion to approve Resolution R2024-53 passed by a unanimous vote of5-0.  J.  ORDINANCES:  K. PUBLIC HEARINGS,Ifany:  01. Ordinance 2024-09 Ordinance Abolishing the Mobile Home Park Sale Proceeds Trust Fund Attorney McWhorter read the title to Ordinance 2024-09. Mayor McCutchen opened the public hearing. With no one wishing to speak, Mayor McCutchen closed the Motion Commissioner Williams, second Vice Mayor Berrien to adopt Ordinance  public hearing. 2024-09. opposed. Zoning Board.  Motion to adopt Ordinance 2024-09 passed by a vote of4 4-1 with Commissioner Watts 02. Ordinance 2024-06, Ordinance Amending Ch. 26 Members of the Planning and Attorney McWhorter read the title to Ordinance 2024-06. Mayor McCutchen opened the public hearing. With no one wishing to speak, Mayor McCutchen closed the  public hearing.  Mr. Greg King gave an overview of Ordinance 2024-06. Planning and Zoning Board until the new members are appointed.  Ms. Cannon asked ift the board is terminated, how do we conduct the business ofthe After much discussion, Motion Vice Mayor Berrien, second Commissioner Williams to adopt Ordinance 2024-06 Amending Ch. 26 Members of the Motion to adopt Ordinance 2024-06 passed by a unanimous vote of 5-0.  Planning and Zoning Board.    City ofF Fortl Meade, Florida Regular City Commission' Meeting June 11,2024 Pages  At 9:00 pm, Motion Vice Mayor Berrien, second Commissioner Schaill to extend the Motion Commissioner Schaill, second Commissioner Watts to reappoint the current members of thel Planning and Zoning Board until after the. July meeting Motion to reappoint the current members of the Planning and Zoning Board until after the. July meeting and ask for their resignation passed by a unanimous 03. Ordinance 2024-12 Ordinance. Amending Floodplain Management Regulation Attorney McWhorter read the title to Ordinance 2024-12. Mayor McCutchen opened the public hearing. With no one wishing to speak, Mayor McCutchen closed the Motion Commissioner Williams, second Commissioner Schaill to adopt Ordinance Motion to approve 2024-12 to adopt Ordinance 2024-12 passed by a unanimous vote  time oft the meeting to finish the agenda.  and ask for their resignation.  vote of5-0.  public hearing.  2024-12 amending floodplain management regulation.  of5-0.  L. OLD BUSINESS (discussion of matters held over from last meeting, ifa any)  01.Discussion Item: Fleet Assets Schedule  Mr. King gave an overview oft the city fleet as requested by Commissioner Williams at the last meeting. Mr. King stated that there are 34 city vehicles not including the Fire department. Most of the vehicles are specialized vehicles and the city retains vehicles longer than the recommended use oflife but has done well maintaining them. Commissioner Williams asked if there were any legal or ethical concerns with the Attorney McWhorter stated she will bring back an extensive response to the next  city purchasing vehicles from a sitting commissioner.  meeting.  M. NEW BUSINESS:  1. Information Item: Presentation of Independent Auditor's Report for the Fiscal Year Ended Ms. Barbara Boyd and Mr. Pierce Hogan presented the annual audit for FY 2023, for the CRA and the Regular Audit as well as the single audit. Ms. Boyd went over the independent auditor's report noting some deficiencies. Mr. Boyd stated there were two findings, noting that this is the second year for these two findings of bank reconciliations and overspending of unbudgeted items. Ms. Boyd stated that when there is turnover in the finance department  September 30, 2023, by Purvis Gray  these things will happen.    City ofFort! Meade, Florida Regular City Commission' Meeting June 11,2024 Page 6  Motion Vice Mayor Berrien, second Commissioner Watts to receive the Auditor's Mr. Mike Brynjulfson, Financial Consultant, gave an overview oft the financial condition of the city. Mr. Brynjulfson stated that the general fund reserves are at 17%, which is less than the recommended 25%. Mr. Brynjulfson stated that over the years the profits for the enterprise funds have been decreasing and recommended having a rate study for each fund. 2. Resolution 2024-46 Special Appropriation for Water Treatment Plan Resiliency Upgrades, Mr. Greg Lang, representing Mittauer and Associates, gave an overview oft the appropriation Motion Commissioner Watts, second Commissioner Schaill to approve Resolution R2024-46 Special Appropriation for Water Treatment Plan Resiliency Upgrades, Motion to approve Resolution R2024-46 passed by a unanimous vote of5-0. 3. Resolution 2024-48 Special Appropriation for Wastewater Treatment Plant Resiliency Mr. Greg Lang, representing Mittauer and Associates, gave an overview ofthe appropriation Motion Commissioner Watts, second Commissioner Schaill to approve Resolution R2024-48: SpecialAppropriation for WastewaterTreatment Plant Resiliency Upgrades, Motion to approve Resolution R2024-48 passed by a unanimous vote of5-0.  Report for FY 2023.  Project 1505-18-1 project.  Project 1505-18-1  Upgrades, Project No 1505-19-1  project.  Project No 1505-19-1  4. Resolution 2024-49 Approving Change Orderl No. 4  Motion Vicel Mayor Berrien, second Commissioner Watts to approve Resolution R2024- Motion to approve Resolution R2024-49 passed by a unanimous vote of5-0. 5. Resolution 2024-50 Approving Charter Spectrum Pole Attachment Agreements for  49 Approying Change Order No. 4.  Fiber Line Installation  Motion Commissioner Schaill, second Commissioner Watts to approve Resolution R2024-50 Approving Charter Spectrum Pole Attachment Motion to approve Resolution R2024-50 passed by a unanimous vote of5-0.  Agreements for Fiber Line Installation    City ofF Fort Meade, Florida Regular City Commission' Meeting June 11,2024 Page7  6. Discussion Item: Impact Fee Review/RFQ  Mr. Burke gave an overview of the RFQ for the impact fee review.  Motion Commissioner Schaill, second Commissioner Watts to issue the  RFQ/RFP impact fee review. 7. Discussion Item: City Manager Search  Mr. George McNerney, HR Director, gave an overview of the city manager's search sO far. Mr. McNerney named the three candidates for the record: Mr. Edward Walker After much discussion, Motion Vice Mayor Berrien, second Commissioner Schaill to hire Mr. Edward Walker Dean as city manager. / Commissioner Williams expressed his concerns about hiring Mr. Dean.  Dean, Ms. Shawn Gillman and Mr. Dustin Burke.  Motion to hire Mr. Edward Walker Dean passed by a vote of 4-1 with Interim Burke shouted out "Shame on you" "Shame on you, you guys' Shame on Mayor McCutchen expressed her opinion, which she stated she is entitled to, stating "my perspective is this Mr. Burke, you say shame on you, I'm really, Ididn'texpect that. Sometimes we say we respect the will of the commission, again we do not do everything everybody like and that' 's clear, but for my perspective, my reason,Ican't speak for anyone else, youl have done a stellar job, you and Ihave talked extensively, you done a stellar job ofbringing the city back, getting a lot of alignment, things that were miss aligned, aligned and that is appreciative, that doesn't go without recognition. But for me, I'm looking for someone with more experience with a city just like ours, I believe Mr. Walker has that experience, I have spoken with several other city officials who he worked for and is currently working for about his performance and the things that he is able to get done and so Ibelieve that same type of characteristic, same type of motivation, same type of forward thinking, and experience. That is the one thing he had on you is experience, that's it and for me I was looking fors someone that can take us to the vision of the commission of what we have for the city and it's still going to go forward, sO that was my reason." Mayor McCutchen stated that the will of the commission is to extend a contract to Edward Dean Walker and directed Attorney McWhorter to draft a contract for Mr.  Commissioner Williams opposed.  you"    City ofFort! Meade, Florida Regular City Commission Meeting June 11,2024 Page8  Dean and reach out to Mr. McNerney and Mr. Dean to let him know the will of the commission and see ift there is a contractual agreement that can be established.  N. REPORT OF THE MAYOR: O. REPORT OF THE CITY MANAGER: REPORT OFT THE CITY ATTORNEY:  P.  Attorney McWhorter addressed the question of the city purchasing vehicles from a commissioner, stating that is outside of legals purview and should be directed to the  Commission on Ethics.  Q.  FUTURE AGENDA ITEMS OF COMMISSIONERS,fay:  Vice Mayor Berrien asked when the Boys and Girls Club contract at the community  center would end. only) ADJOURN:  R. FOR THE GOOD OF THE ORDER (limited to events, feel good announcements  S. NOTE:  Ifany person decides to appeal any decision made by the City Commission with  respect to any matter considered at this meeting or hearing, he/she will need a record ofthe proceedings, andj for such purpose, he/she may need to ensure that a verbatim record ofthe proceedings is made, which record includes the testimony and evidence upon which the appeal is to  be based. (F.S. $286.0105)  There being no further business to conduct, Motion Commissioner Schaill, second Commissioner Watts to adjourn thel Regular Commission meetingofJunell,2024,at9:43  PM.  Motion to adjourn passed by unanimous vote of5-0.  ATTEST:  Petrina McCutchen, Mayor  Melissa Cannon, Deputy City Clerk    CITY OF FORT MEADE, FLORIDA FOR MEETING OF AUGUST 13, 2024  STAFF REPORT AGENDA ITEM H-01  SUBJECT:  FDOT State Highway Lighting, Maintenance and Compensation Agreement  BACKGROUND:  This work order summarizes the method and limits ofc compensation to be made to the Maintaining Agency for FDOT fiscal year 24/25 for the maintenance ofhighway lighting on the State Highway  System as prescribed in the original agreement executed on May 28, 2020.  May 28, 2020  The term of this agreement will bes seven. years. (Item. 1 Section E) Either party may terminate the Agreement by a written Notice of Termination. The Maintaining Agency must provide this Notice two. years prior to the effective date of termination. The notice will need to be endorsed by the elected body under which the Agency Prior to the beginning ofe each fiscal year, the Maintaining Agency shall submit an amended The Maintaining Agency may pursue all claims and causes ofactions against the third parties Exhibit A was changed to list all lighting that will be included in the agreement.  operates. (Item 1 Section E)  Exhibit A or a certification of no change to the Exhibit A. (Item 2)  responsible for the damage. (Item 2)  Ifthe Maintaining Agency would like to opt out ofmaintaining the lighting within the City or Counties' jurisdiction, the new agreement will need to be executed and the opt out clause  (Item 1. Section E) can be implemented.  FISCAL IMPACT:  FDOT will compensate the Maintaining Agency (City) for 90% ofthe total lights at $337.76 per light which  will be $40,868.96 for FY 24/25, which is a 3% increase from FY 23/24.  RECOMMENDATION:  Motion to approve the FDOT State Highway Lighting, Maintenance and Compensation Agreement and MOTION: Move to approve the FDOT State Highway Lighting, Maintenance and Compensation  authorize Mayor to execute the agreement.  Agreement and authorize Mayor to execute the agreement.  1        STATE: HIGHWAY LIGHTING MAINTENANCEAND: COMPENSATION AGREEMENT  WORK ORDER  Contract Number: Maintaining Agency: Financial Project No: Fiscal Year: 1.0 PURPOSE  ASH16 City of] Fort Meade 413559-1-78-02 2024-2025  This work order summarizes the method and] limits of compensation tol be made to the Maintaining Agency for FDOT fiscal year 24/25 fort the maintenance of highway lighting on the State Highway System as prescribed in the original agreement executed on May 28, 2020.  2.0 COMPENSATION AND PAY PROCESSING  For the satisfactory completion of all services detailed in the original agreement for the fiscal year starting July 1,2024, and ending June 30, 2025, the DEPARTMENT willj pay the MAINTAINING AGENCY at total lump sum amount of $40,868.96. The basis of compensation Thel MAINTAINING AGENCY shall invoice thel DEPARTMENT for services rendered at the  isas described in Exhibit. A.  end oft the fiscal year in a format acceptable to the DEPARTMENT.  3.0 AUTHORIZATION  This Work Order for will not be considered as authorized unless iti is signed and returned by thel MAINTAINING AGENCY to thel DEPARTMENT, whereby thel DEPARTMENT'S final signature is required to: fully authorize compensation for the services. The effective date will be  the date oft the final signature by thel Department.  MAINTAINING AGENCY BY: (signature): Printed Name: Printed' Title:  Date:  STATE OF FLORIDA DEPARTMENTOFTRANSPORTATION  BY: (signature) Printed Name Printed Title  Date:    EXHIBIT A For Fiscal Year 2024-2025  STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT  1.0 PURPOSE  This exhibit defines the method and limits of compensation to be made to the MAINTAINING AGENCY for thes services described in this Agreement and method by  which payments willl be made.  2.0 FACILITIES  Thel lighting or lighting systems listed below, or in an attached spreadsheet, or other electronic  form are included with this Agreement and represent the Facilities tol be  maintained by the MAINTAINING AGENCY: .INVENTORY SPREADSHEET ATTACHED  2. 3. 4. 5.  3.0 COMPENSATION  For the satisfactory completion of all services detailed in this Agreement, FDOT will pay the MAINTAINING AGENCY the Total Sum as provided in Section 2 of the Agreement. The MAINTAINING AGENCY will receive one single payment at the end of each fiscal year for The per-light unit rate shall increase by 3% each fiscal year. E.g., the per-light unit rate of$327.92i inf fiscalyear 2023-2024 shalli increase to $337.76i int fiscal year 2024- Total Payment Amount for each fiscal year is calculated byi inputting the actual number of qualifying types of lights intot thet table below and multiplying by the unit rate and 100%. Example: 1432 (lights) x$ $327.92 (unit rate) x 100% = $469,581.44  satisfactory completion of service.  2025.  Type of Light High Mast Standard Underdeck Sign High Mast Standard Underdeck Sign  #of lights 54  LED or HPS HPS HPS HPS HPS LED LED LED LED  Unit rate $337.76  100%  Total  100.00 $18,239.04  67  $337.76  100.00 $22,629.92    6  d&  N  -  -  2  D9  10 L        CITY OF FORT MEADE, FLORIDA FOR MEETING OF AUGUST 13, 2024  STAFF REPORT AGENDA ITEM H-02  SUBJECT:  Modification No. 3 to the Interlocal Agreement for Fire/Rescue 9-1-1/ Dispatch Cals  BACKGROUND:  This Modification Number 3 amends paragraph 5.5 of the Interlocal Agreement entered to on October 1, This modification will be fort the term ofOctober 1, 2024, through September 30, 2025. for consideration of  2021, for a period of four (4)years through September 30, 2025.  $8,433.00 FISCAL IMPACT:  The 8,433.0000 is al budgeted item in the Police budget.  RECOMMENDATION:  Approve Modification No. 3 to the Interlocal Agreement for Fire/Rescue 9-1-1/Dispatch Calls  MOTION: Move to Approve Modification No. 3 to the Interlocal Agreement for Fire/Rescue 9-1-  1/Dispatch Calls        Of OFC 2  MODIFICATION NO.3  TO THE INTERLOCAL AGREEMENT BETWEEN  CITY OF FORT MEADE AND GRADY JUDD, AS SHERIFF OF POLK COUNTY, FLORIDA This Modification Number 3 is effective on October 1, 2024, and hereby amends paragraph 5.5 of the Interlocal Agreement executed by and between the City of Fort Meade, a municipality oft the State of Florida whose municipality is wholly located within the boundaries of Polk County, Florida hereinafterreferred to as "CITY") and Grady. Judd, as Sheriff of Polk County, a Constitutional Officer of the State of Florida (hereinafter referred to as "SHERIFF") (together, "the Parties"), which commenced on October 1, 2021, for a period of four (4) years.  WHEREAS, the Parties desire to modify paragraph 5.5 to include the dollar amount for Consideration for the Fire/Rescue Emergency 9-1-1calls for thet term of October 1, 2024, through  September 30, 2025.  NOW THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are herebyacknowledged, the  Parties agree as follows:  I.  MODIFIÇATIONS:  (a) Paragraph 5.5 - Emergency Fire Rescue Dispatch Services is amended with deleted language in "strike through" and added language in "double underline" as follows:  5.5 Emergency Fire and Rescue Dispatch Services. In addition to the amounts listed in paragraph 5.1, CITY shall also pay the SHERIFF as payment in full for Fire/Rescue Emergency 9-1-1 telecommunication services as agreed to be performed the sum of Seven Thousand Two Hundred Eighty Five ($7,285.00) for the term of October 1, 2021, through September 30, 2022. The sum of Seven Thousand Six Hundred Forty Nine ($7,649.00) for the term of October 1, 2022  Initials:  Page 1 of3  Initials: a    Oy DrO  through September: 30, 2023. The sum of Eight Thousand Thirty Two ($8,032.00) for theterm of October1, 20231 through September 30, 2024. e-anAaHAmOuRtersabsequentyearsOcteber 1,2024threughSeptember39,20454halbedetemineesesehyerupenthes8redte-ormuls: PerseARe/-CeSts-WH-De-calegtesSIgeC#S--CSOFSePAEe-PHPMPHed-Dy-average dispotéhtime-mupledbyoveregeteleecommwnsabFate-Opersingeess-wbeceeugtes ytekingtheCHP-ecls/Orsereedwided-bytnet0ta-ecs/OSePAEEHPHed-BydHret Fre-dispatéheperetingsos-Feamoundetermnad'enthelommusertneyearOeteberl, 2024-through-September-39,205-wi-be-set-o--orselore-the-dwe-date-and incorporatedintethsAeememtinthelomdamodicaseEOPARAricle24.Ihesum of Eight Thousand Four Hundred Thirty Three ($8,433.00) for the term of October 1, 2024,  throughSeptember. 30, 2025.  II.  MISCELLANEOUS.  (a) All terms and conditions of the Interlocal Agreement remain full force and effect. In the event of a conflict between the terms and conditions of this Modification No. 3 and the  Interlocal Agreement, this Modification No. 3 shall control.  (b) This Modification No. 30 constitutes the full and complete agreement oft the Parties with respect to the subject matter and supersedes any prior contract, arrangements, and  communications, whether oral or written, with respect to the subject matter.  (c) As ofthe date oft this Modification No. 3, each party represents that it isn not aware ofa any facts or circumstances that would, upon satisfaction of any notice or cure requirements,  constitute an Event of Default by the other party.  Initials:  Page 2 of3  Initials    Oor  (d) This Modification No. 3 may be executed in duplicate, each duplicate copy oft thissz Modification No. 3 shall be treated as an original, and facsimile signatures are acceptable as  original signatures.  (e) Each person signing this Modification No. 3 warrants that he or she is duly  authorized to do so and to bind the respective party.  IN WITNESS WHEREOF, the parties have caused this agreement to be executed for the  uses and purposes set forth herein. POLK COUNTY SHERIFF'S OFFICE BY ANDRIA MCDONALD, EXECUTIVE DIRECTOR Inmemcproo Date: 7151204 APPROVED ASTOFORM: BYSHERIFF'SCOUNSEL hus  ATTEST  VMloya  WITNESS'TOANDRIA MCDONALD  Comi  CITY OF FORT MEADE BY PETRINA MCCUTCHEN, MAYOR  ATTEST BY CITY CLERK  WITNESS PRINT NAME  Date:  APPROVED AS TOFORM:  BY Date: Initials:  CITY OF FORT MEADE ATTORNEY  Page 3of3  Initials: B        CITY OF FORT MEADE, FLORIDA  STAFF REPORT AGENDA ITEM I-01  FOR COMMISSION MEETING OF AUGUST 13,2024  SUBJECT  Resolution Extending Temporary License Agreement with Retroflow, LLC  EXECUTIVE SUMMARY  The City Commission adopted Resolution R24-31 to enter into a temporary license agreement with Retroflow, LLC for the installation and testing of their innovative post-wastewater treatment technology att the City's wastewater treatment facility located at 201 South Edgewood Drive, Fort Meade, FL33840 at the May 14, 20244 Regular Commission Meeting. Due to a delay in the acquisition of appropriate  equipment to perform the testing, Retroflow ist requesting a 60-day extension.  BACKGROUND  Retroflow, LLC, a Florida limited liability company, has developed a unique post-wastewater treatment technology designed to reduce phosphorus, nitrogen, metals, and other dissolved particulates in effluent using fluid dynamics. The company has requested permission to install and test a scale version of their technology at the City's wastewater treatment facility as part ofa a pilot project. The proposed pilot project aligns with the City's goals of improving wastewater treatment efficiency, exploring innovative solutions  for nutrient reduction, and preparing for potential future regulatory requirements.  FISCAL IMPACT  There is no expected fiscal impact on the City, as Retroflow, LLC is expected to bear all costs related to  the installation, operation, and removal of their technology.  RECOMMENDATION  Staff recommends that the City Commission adopt the attached resolution extending the Retroflow  agreement.        CITY OF FORT MEADE, FLORIDA RESOLUTION NO R2024-64  AR RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT MEADE, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION OF THE RETROFLOW, LLC FOR THE INSTALLATION AND TESTING OF POST-WASTEWATER TREATMENT TECHNOLOGY AT THE CITY'S WASTEWATER TREATMENT FACILITY; AND PROVIDING FOR AN  TEMPORARY  LICENSE  AGREEMENT  WITH  EFFECTIVE DATE.  WHEREAS, on May 14, 2024, the City Commission authorized the Interim City Manager to enter into a Temporary License Agreement ("Agreement") with Retroflow, LLC ("Retroflow") to install and test their technology at the City's wastewater treatment  facility as part of a pilot project; and  WHEREAS, Retroflow has requested an extension of the Agreement until  September 29, 2024; and  WHEREAS, the City Commission finds that it is in the best interest of the City to  authorize the City Manager to execute and extension of the Agreement.  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE  CITY OF FORT MEADE, AS FOLLOWS:  Section 1: That the foregoing WHEREAS" clauses are ratified and confirmed  as being true and correct and made a specific part of this Resolution.    Section 2: The City Manager is hereby authorized to execute an extension of the Agreement with Retroflow, LLC until September 29, 2024, substantially in the form attached hereto as Exhibit "A," including any non-substantive changes that may be  required and approved by the City Attorney,  Section 3: That the appropriate City officials are authorized to do all things  necessary and expedient to carry out the aims of this Resolution.  Section 4. That this Resolution shall be effective immediately upon adoption by  the City Commission PASSED AND ADOPTED this  day of  Mayor, Petrina McCutchen  ATTEST:  Melissa Cannon, Deputy City Clerk, IHEREBY CERTIFY that Ihave approved this RESOLUTION as to form:  City Attorney,  Austin Pamies Norris Weeks Powell, PLLC  Requested by Administration Vice-Mayor Samuel Berrien Commissioner James Watts Commissioner Jaret Williams Commissioner James Possum Schaill Mayor Petrina McCutchen  Voted  2    AMENDED TEMPORARY LICENSE AGREEMENT  Paragraph 1 of The Temporary License Agreement ("Agreement") entered on  2024 is hereby amended as follows:  1.  Grant of License: Licensor hereby grants Licensee a non-exclusive, temporary license to install and test the Technology at the Facility for a period of three (3)months, commencing on May: 1, 2024, and terminating on September2 29,  2024, unless earlier terminated as provided herein. All other terms and provisions of the Agreement remain the same.  IN WITNESS WHEREOF, the parties have executed this Amendment on this  day of  2024.  LICENSOR: City of Fort Meade, FL  By:. Name: Title: LICENSEE: Retroflow, LLC By:. Name: Title:        CITY OF FORT MEADE, FLORIDA FOR MEETING OF AUGUST 13, 2024  STAFF REPORT AGENDA ITEM J-01  SUBJECT:  Ordinance 2024-16 Repealing Ordinance 2024-12  BACKGROUND:  Staffworked witht the FDEM Office ofFloodplain Management to amend the floodplain ordinance to ensure compliance with thel NFIP. Ordinance: 2024-12 was adopted on 2nd, reading at the. June 10, 2024. The adopted ordinance was then sent to the FDEM Office of Floodplain Management and upont their review, they had additional recommended revisions. The revisions have beeni included in Ordinance 2024-17andi ist the next item ofbusiness. Inordertoadopt Ordinance: 2024-17, Ordinance  2024-16 must be adopted to repeal Ordinance 2024-12.  FISCAL IMPACT: None.  RECOMMENDATION:  Approve Ordinance 2024-16 on 1st Reading and set 2nd Reading for September 10, 2024.  MOTION: Move to Approve Ordinance 2024-16 Repealing Ordinance 2024-12 on 15t  Reading and set 2nd Reading for September 10, 2024.        CITY OF FORT MEADE, FLORIDA ORDINANCE NO. 2024-16  AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT MEADE, FLORIDA; REPEALING ORDINANCE 2024-12 OF THE CITY OF FORT MEADE CODE OF ORDINANCES THAT AMENDED THE CITY OF FORT MEADE CODE OF ORDINANCES TO REPEAL PART K, SS 26-96--26-98, REPEAL ARTICLE VI, S 26-201 AND REPEAL ARTICLE VII, $ 26-231; TO ADOPT PART K, SS 26-96--26-111; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, TO AMEND CHAPTER6-BUILDINGSAND BUILDING REGULATIONS TO AMEND THE FLORIDA BUILDING CODE, AND FOR OTHER PURPOSES; AND PROVIDING AN EFFECTIVE  DATE.  WHEREAS, on June 11, 2024, the City Commission adopted Ordinance 2024-12 amending the City of Fort Meade Code of Ordinances to repeal Part K, $$26-96--26-98, repeal Article VI, S 26-201 and repeal Article VII, S 26-231; to adopt Part K, SS 26-96- 26-111; to adopt Flood Hazard Maps, to Designate a Floodplain Administrator, to adopt procedures and criteria for development in flood hazard areas, to amend Chapter 6- Buildings and Building Regulations to amend the Florida Building Code ("Ordinance");  and  WHEREAS, when the Adopted Ordinance was reviewed by the Florida Division of Emergency Management ("Division") recommended additional changes and identified  certain scrivener's errors; and  WHEREAS, the Commission has now decided to repeal the Ordinance and to adopt another ordinance that includes the Division's recommendations and correct the  scrivener's errors.  1    NOW, THEREFORE, BE IT ORDAINED THE CITY COMMISSION OF THE CITY  OF FORT MEADE, FLORIDA AS FOLLOWS:  SECTION 1.  RECITALS. The aforesaid recitals are ratified and confirmed  as being true and correct and are incorporated in this Ordinance as findings and intent of  the City Commission.  SECTION 2.  REPEAL. This ordinance shall become effective upon  adoption by the City Commission on June 11, 2024, be and the same is hereby repealed.  PASSED FIRST READING:  PASSED AND ADOPTED ON SECOND READING:  Mayor, Petrina McCutchen  ATTEST:  Melissa Cannon, Deputy City Clerk, IHEREBY CERTIFY that I have approved this RESOLUTION as to form:  City Attorney,  Austin Pamies Norris Weeks Powell, PLLC  Requested by Administration Vice-Mayor Samuel Berrien Commissioner James Watts Commissioner Jaret Williams Commissioner James Possum Schaill Mayor Petrina McCutchen  Voted  2    CITY OF FORT MEADE, FLORIDA FOR MEETING OF AUGUST 13, 2024  STAFF REPORT AGENDA ITEMJ-02  SUBJECT:  Ordinance 2024-17Amending the Floodplain Management Ordinance  BACKGROUND:  Staffworked with the FDEM Office ofFloodplain Management to amend the floodplain ordinance to ensure compliance witht the NFIP. Ordinance 2024-12 was adopted on 2nd, reading at the. June 10, 2024. The adopted ordinance was then sent to the FDEM Office of Floodplain Management and upon their review, they had additional recommended revisions. The revisions have been included in  Ordinance 2024-17. FISCAL IMPACT: None.  RECOMMENDATION:  Approve Ordinance 2024-17 on 15t Reading and set 2nd Reading for September 10, 2024.  MOTION: Move to Approve Ordinance 2024-17 Amending the Floodplain Management  Ordinance on 1St Reading and set 2nd Reading for September 10, 2024.        ORDINANCE NO.: 2024-17  AN ORDINANCE OF THE CITY OF FORT MEADE, FLORIDA; AMENDING THE CITY OF FORT MEADE CODE OF ORDINANCES TO REPEAL PART K, SS 26-96--26-98, REPEAL ARTICLE VI, $ 26-201 AND REPEAL ARTICLE VII, S 26-231; TO ADOPT PART K, SS 26-96-26-111; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, TO AMEND CHAPTER 6 = BUILDINGS AND BUILDING REGULATIONS TO AMEND THE FLORIDA BUILDING CODE, AND FOR OTHER PROVIDING FOR A COPY TO BE KEPT ON FILE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR APPLICABILITY; PROVID-  FLOODPLAIN  ADMINISTRATOR,  TO  ADOPT  PURPOSES;  PROVIDING FOR SEVERABILITY;  ING 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 of its  citizenry; and  WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of City of Fort Meade and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which  adversely affect the public health, safety and general welfare, and  WHEREAS, the City of Fort Meade was accepted for participation in the National Flood Insurance Program on November 5, 1980 and the City Commission desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59  and 60, necessary for such participation; and  WHEREAS, words with single underline shall constitute additions to the original text and strike through-text shall constitute deletions to the original text. Asterisks  indicated omitted an unchanged material.  NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE  CITY OF FORT MEADE, FLORIDA, AS FOLLOWS:  1    SECTION 1. RECITALS. The aforesaid recitals are ratified and confirmed as being true and correct, and are incorporated in this Ordinance as findings and intent of  the City Commission.  SECTION 2. REPEAL OF PART K SS 26-96 THROUGH: 26-98,ARTICLE VI,S 26-201, AND ARTICLE VII, S 26-231, CODE OF ORDINANCES. Part K SS 26-96-26- 98, Article VIS 26-201, and Article VII, S 26-231, of the Code of Ordinances of the City of  Fort Meade, Florida, are hereby repealed.  SECTION 3. ADOPTION OF NEW PART K, SS 26-96--26-111, CODE OF ORDINANCES. A new Part K SS 26-96--26-111, of the Code of Ordinances of the City  of Fort Meade, Florida, is hereby adopted as set forth below:  Sec. 26-96. = General.  (1) Title. These regulations shall be known as the Floodplain Management Ordinance of (2) Scope. The provisions of this part 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 ofr manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of (3) Intent. The purposes of this part 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 tot flooding through regulation of development in flood hazard areas to: (a) Minimize unnecessary disruption of commerce, access and public service during (b) Require the use of appropriate construction practices in order to prevent or (c) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase (d) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the  City of Fort Meade, hereinafter referred to as "this part."  swimming pools; and any other development.  times of flooding;  minimize future flood damage;  flood damage or erosion potential;  floodplain;  (e) Minimize damage to public and private facilities and utilities;  (f) Help maintain a stable tax base by providing for the sound use and development  2    of flood hazard areas;  (g) Minimize the need for future expenditure of public funds for flood control projects Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. (4) Coordination with the Florida Building Code. This part 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 (5)Warning. The degree of flood protection required by this part 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 part does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title (6) Disclaimer of Liability. This part shall not create liability on the part of the City of Fort Meade or by any officer or employee thereof for any flood damage that results from reliance on this part or any administrative decision lawfully made thereunder.  and response to and recovery from flood events; and  Code.  44 Code of Federal  Sec. 26-97.-Applicability.  (1) General. Where there is a conflict between a general requirement and a specific (2) Areas to which this part applies. This part shall apply to all flood hazard areas within the City of Fort Meade, as established in Sec. 26-97(3) of this part. (3) Basis for establishing flood hazard areas. The Flood Insurance Study for Polk County, Florida and Incorporated Areas dated December 22, 2016, 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 part 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 City Hall. (4) Submission of additional data to establish flood hazard areas. Toestablish flood hazard areas and base flood elevations, pursuant to Sec. 26-100 of this part the FicodpanAdmnstrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography  requirement, the specific requirement shall be applicable.  accepted by the community indicates that ground elevations:  3    (a) 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 part and, as applicable, the (b). 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  requirements of the Florida Building Code.  that removes the area from the special flood hazard area.  (5) Other laws. The provisions of this part shall not be deemed to nullify any provisions (6) Abrogation and greater restrictions. This part supersedes any ordinance in effect for management of development in 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. In the event of a conflict between this part and any other ordinance, the more restrictive shall govern. This part shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this (7) Interpretation. In the interpretation and application of this part, all provisions shall  of local, state or federal law.  part. be:  (a) Considered as minimum requirements;  (b) Liberally construed in favor of the governing body; and  (c) Deemed neither to limit nor repeal any other powers granted under state Sec. 26-98. - Duties and Powers of the Floodplain Administrator.  statutes.  (1) Designation. The City Manager is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other  employees.  (2) General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this part. The Floodplain Administrator shall have the authority tor render interpretations of this part consistent with the intent and purpose oft this part 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 part without the granting of a variance pursuant (3) Applications and permits. The Floodplain Administrator, in coordination with other (a) Review applications and plans to determine whether proposed new development  to Sec. 26-98.4 of this part.  pertinent offices of the community, shall:  will. be located in flood hazard areas;  4    (b) Review applications for modification of any existing development in flood hazard (c) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination  areas for compliance with the requirements of this part; shall have the opportunity to appeal the interpretation; (d) Provide available flood elevation and flood hazard information;  (e) Determine whether additional flood hazard data shall be obtained from other f) Review applications to determine whether proposed development will be (g) Issue floodplain development permits or approvals 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 part is demonstrated, or disapprove the same in the event of (h) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood  sources or shall be developed by an applicant;  reasonably safe from flooding;  noncompliance; and  hazard areas comply with the applicable provisions of this part.  (4) Substantial improvement and substantial damage determinations. For applications for building permits toi 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 (a) 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 ofo construction of the proposed work; ini the case ofr repair, the market value of the building or structure shall be the market value before the (b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs ofi improvements and repairs, if applicable, to the market value of the building or structure; (c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued fori improvements and repairs as specified in (d) 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 part is  Administrator, in coordination with the Building Official, shall:  damage occurred and before any repairs are made;  the definition of "substantial improvement"; and  required.  5    (5) Modifications of the strictapplication ofthe requirements ofthe 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 granting of a variance pursuant to Sec. 26-98.4 of this part. (6) Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance (7) Inspections. The Floodplain Administrator shall make the required inspections as specified in Sec. 26-98.3 of this part 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 (8) Other duties of the Floodplain Administrator. The Floodplain Administrator shall (a) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial (b) 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 (c) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary ton maintain the Flood Insurance Rate Maps ift the analyses proposeto change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; (d) Review required design certifications and documentation of elevations specified by this part and the Florida Building Code to determine that such certifications and (e) Notify the Federal Emergency Management Agency when the corporate (9) Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this part 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  with this part.  ifd development is undertaken without issuance of a permit. have other duties, including but not limited to:  damage made pursuant to Sec. 26-98(4) of this part;  Federal Emergency Management Agency (FEMA);  documentations are complete; and  boundaries of City of Fort Meade are modified.  6    Code and this part; 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 part and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at flocation and  instructions to request access, if applicable).  Sec. 26-99. - Permits.  (1) Permits required. Any owner or owner's authorized agent (hereinafter "applicant') who intends to undertake any development activity within the scope of this part, 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). Nosuch permit or approval shall be issued until compliance with the requirements of this part and all other applicable codes and regulations has been (2) Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this part for any development activities not subject to the requirements of 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 floodplain development permit or approval is required in addition to a (3) 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), floodplain development permits or approvals 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  satisfied.  building permit.  are subject to the requirements of this part:  (a) Railroads and ancillary facilities associated with the railroad.  (b) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (c) Temporary buildings or sheds used exclusively for construction purposes. (e) 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 (f) 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  (d) Mobile or modular structures used as temporary offices.  electricity.  7    traditional materials, and that does not incorporate any electrical, plumbing, or (g) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (h) Temporary housing provided by the Department of Corrections to any prisoner in (i) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on  other non-wood features.  the state correctional system. Flood Insurance Rate Maps.  (4) Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the (a) Identify and describe the development to be covered by the permit or approval. (b) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and (c) Indicate the use and occupancy for which the proposed development is intended. (d) Be accompanied by a site plan or construction documents as specified in Sec. 26-  community. The information provided shall:  definitively locate the site.  100 of this part.  (e) State the valuation of the proposed work.  (f) Be signed by the applicant or the applicant's authorized agent.  (g) Give such other data and information as required by the Floodplain Administrator. (5) Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this part shall not be construed to be a permit for, or approval of, any violation of this part, 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 Administrator from requiring (6) Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or ift the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested (7) Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this part or  the correction of errors and omissions.  inv writing and justifiable cause shall be demonstrated.  any other ordinance, regulation or requirement of this community.  8    (8) Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (a) The Southwest Florida Water Management District; section 373.036, F.S. (b) Florida Department of Health for onsite sewage treatment and disposal systems; (c) Florida Department of Environmental Protection for activities subject to the Joint (d) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of  section 381.0065, F.S. and Chapter 64E-6, F.A.C. Coastal Permit; section 161.055, F.S.  Engineers; Section 404 of the Clean Water Act.  (e) Federal permits and approvals.  Sec. 26-100. - Site Plans and Construction Documents.  (1) Information for development in flood hazard areas. The site plan or construction documents for any development subject toi the requirements of this part shall be drawn to (a) 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 (b) 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 Sec. 26- (c) 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 (d) Location oft the proposed activity and proposed structures, and locations of existing (e) Location, extent, amount, and proposed final grades of any filling, grading, or f) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to (g) 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 part but that are not  scale and shall include, as applicable to the proposed development:  development.  100(2)(b) or (c) oft this part.  established in accordance with Sec. 26-100(2)(a) of this part.  buildings and structures. excavation.  achieve the intended purpose.  9    required to be prepared by a registered design professional if it is found that the nature oft the proposed development is such that the review ofs such submissions is notnecessary (2) 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 (a) Require the applicant toi include base flood elevation data prepared in accordance (b) Obtain, review, and provide to applicants base flood elevation and floodway data available from a 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 (c) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:  to ascertain compliance with this part.  data have not been provided, the Floodplain Administrator shall:  with currently accepted engineering practices.  state agency or other source.  Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or ii. Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2)  feet.  (d) 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 satisfy the submittal requirements and pay the  processing fees.  (3) Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition toi the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed (a) 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 Sec. 26-100(4) of this part and shall submit the Conditional Letter of Map Revision, ifissued by FEMA, with the site plan and construction documents. (b) 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  engineer for submission with the site plan and construction documents:  10    analyses that demonstrate that the cumulative effect oft 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 (c) 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 a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Sec. 26-100(4) oft this part.  areas identified as Zone AO or. Zone AH.  (4) 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 the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and to submit such datai 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. 26-101. - Inspections.  (1) General. Development for which a floodplain development permit or approval is (2) Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this part and the conditions of issued floodplain development permits or approvals. (3) 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 part and the (4) 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, or the owner's authorized agent, shall submit to the (a)lf a 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 (b)lf the elevation used to determine the required elevation of the lowest floor was  required shall be subject to inspection.  conditions of issued floodplain development permits or approvals.  Floodplain Administrator:  by a Florida licensed professional surveyor; or  11    determined in accordance with Sec. 26-100(2)(c)ir of this part, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner  or the owner's authorized agent.  (5) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor orf final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Sec. 26-101(4) (6) Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this part and the conditions of the issued permit. Upon placement of amanufactured home, certification of the elevation of the lowest floor shall be submitted  of this part.  tot the Floodplain Administrator. Sec. 26-102. - Variances and Appeals.  (1) General. The Board of Adjustments shall hear and decide on requests for appeals and requests for variances from the strict application of this part. Pursuant to section 553.73(5), F.S., the Board of Adjustments shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction (2)Appeals. The Board of Adjustments shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this part. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida (3) Limitations on authority to grant variances. The Board of Adjustments shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Sec. 26-102(7) of this part, the conditions of issuance set forth in Sec. 26-102(8) of this part, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Board of Adjustments has the right to attach such conditions as it deems necessary to further the purposes and objectives of (4) Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Sec. 26-100(3) ofthis (5) Historic buildings. A variance is authorized to be issued fori the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the  requirements of the Florida Building Code.  Statutes.  this part.  part.  12    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 of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the (6) 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 part, provided the variance meets the requirements of Sec. 26-102(4), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood (7)Considerations for issuance of variances. In reviewing requests for variances, the Board of Adjustments shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this part, and the following: (a) The danger that materials and debris may be swept onto other lands resulting in  requirements of the Florida Building Code.  damage during occurrence oft the base flood.  further injury or damage;  (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (d) The importance of the services provided by the proposed development to the (e) The availability of alternate locations for the proposed development that are () The compatibility of the proposed development with existing and anticipated (g) The relationship of the proposed development to the comprehensive plan and (h) The safety of access to the property in times of flooding for ordinary and () 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 () The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer,  community;  subject to lower risk of flooding or erosion;  development;  floodplain management program for the area;  emergency vehicles; at the site; and  gas, electrical and water systems, streets and bridges.  (8) Conditions for issuance of variances. Variances shall be issued only upon:  13    (a) 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 part or the required elevation standards;  (b) Determination by the Board of Adjustments that:  Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not li. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with iii. The variance is the minimum necessary, considering the flood hazard, to (c) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded ini the Office of the Clerk of the Court in such a manner that it appears (d) If 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 for $100 of insurance coverage), and stating that construction below the base flood elevation increases  constitute hardship;  existing local laws and ordinances; and  afford relief;  int the chain of title of the affected parcel of land; and  risks to life and property. Sec. 26-103. - Violations.  (1) Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this part that is performed without an issued permit, that is in conflict with an issued permit, or that does noti fully comply with this part, shall be deemed av violation of this part. 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 part or the Florida Building Code is presumed to be a violation until such (2)Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this part and that is determined to be a violation, the Floodplain 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  time as that documentation is provided.  work.  14    (3) Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject  to penalties as prescribed by law. Sec. 26-104. - Definitions.  (1) Scope. Unless otherwise expressly stated, the following words and terms shall, for (2) Terms defined in the Florida Building Code. Where terms are not defined in this part and are defined in the Florida Building Code, such terms shall have the meanings (3) Terms not defined. Where terms are not defined in this part or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.  the purposes of this part, have the meanings shown in this section.  ascribed to them in that code.  (4) Definitions.  Alteration of a watercourse. 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 Appeal. A request for a review of the Floodplain Administrator's interpretation of any ASCE 24. A 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. A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, Basement. 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)".] Design flood. The flood associated with the greater of the following two areas. [Also  base flood.  provision of this part.  Society of Civil Engineers, Reston, VA.  toa as the "100-year flood" or the 1-percent-annual chance flood."  B, Section 202.]  defined in FBC, B, Section 202.]  15    (a) Area with a floodplain subject to a 1-percent or greater chance of flooding in any (b). Area designated as a flood hazard area on the community's flood hazard map, or Design flood elevation. 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 (int 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 Development. 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, Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before November 5, 1980. [Also defined in FBC, B, Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management. Agency (FEMA). The federal agency that, in addition too carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation  year; or  otherwise legally designated.  defined in FBC, B, Section 202.]  excavations, drilling operations or any other land disturbing activities.  of riverine flood hazard areas.  Section 202.]  isc completed before November 5, 1980.  of normally dry land from: [Also defined in FBC, B, Section 202.]  (a) The overflow of inland or tidal waters.  (b) The unusual and rapid accumulation or runoff of surface waters from any  source.  16    Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, (a) The area within a floodplain subject to a 1-percent or greater chance of flooding in (b) The area designated as a flood hazard area on the community's flood hazard map, Flood Insurance Rate Map (FIRM). 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 tot the community. [Also defined in FBC, B, Section Flood Insurance Study (FIS). 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 Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this part (may be referred to as the Floodplain Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and Floodway. 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, Floodway encroachment analysis. 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 Florida Building Code. 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,;  Section 202.]  any year.  or otherwise legally designated.  202.]  supporting technical data. [Also defined in FBC, B, Section 202.]  Manager).  that are determined to be compliant with this part.  Section 202.]  engineer using standard engineering methods and models.  Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.  17    Functionally dependent use. A use which cannot perform its intended purpose unless itis located or carried out 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 Highest adjacent grade. The highest natural elevation of the ground surface prior to Historic structure. Any structure that is determined eligible fort the exception tot the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of (a) 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. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not (b) 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, and other planimetric features. (c) 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 regulations. (d) 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 approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA  related manufacturing facilities.  construction next to the proposed walls or foundation of a structure.  Historic Buildings.  Map Change include:  located in a special flood hazard area.  tor revise the effective FIRM.  Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which (a) Designed primarily for purposes of transportation of property or is a derivation of (b) Designed primarily for transportation of persons and has a capacity of more than (c) Available with special features enabling off-street or off-highway operation and  is:  such a vehicle, or 12 persons; or  18    use.  Lowest floor. 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 of the Florida Building Code or ASCE 24. [Also defined in FBC, Manufactured home. 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 vehicle" or park trailer." [Also defined in 15C-1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land Market value. The wsePtaNyYaw buyer and-a-willing saller,elherpanybeingumderompsbnyorsalans: both-having asomabieknowleaged'seantis-Auasusedintiserdnance, thet term-refers-to-the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value maybeesiablishedbyaqualiedindependependentappraliser, 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 New construction. For the purposes of administration of this part and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after November 5, 1980, and includes any subsequent New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) Park trailer. A 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 Recreational vehicle. A vehicle, including a park trailer, which is: [see in section  B, Section 202.]  divided into two or more manufactured home lots for rent or sale.  county Property Appraiser.  mprovements to such structures.  iso completed on or after November 5, 1980.  fixtures and appliances. [Defined in section 320.01, F.S.]  320.01, F.S.)  19    (a) Built on a single chassis; projection;  (b) Four hundred (400) square feet or less when measured at the largest horizontal (c) Designed to be self-propelled or permanently towable by a light-duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living Special flood hazard area. 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,AI-A30,AE,A99,AH, V1-V30, VEorV. [Also defined in FBC, B Section Start of construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, orf foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part oft the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration ofa any wall, ceiling, floor or other structural part of al building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a 10-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the 10-year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to July 13, 2014. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include (a). Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the (b) Any alteration of a historic structure provided the alteration will not preclude the  quarters for recreational, camping, travel, or seasonal use.  202.]  occurred. [Also defined in FBC, B Section 202.]  either: [Also defined in FBC, B, Section 202.]  minimum necessary to assure safe living conditions.  20    structure's continued designation as a historic structure.  Variance. A grant of relief from the requirements of this part, 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 part or the Florida Building Code. Watercourse. Ariver, creek, stream, channel or other topographic feature in, on, through, Sec. 26-105. - Buildings and Structures. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Sec. 26-99(3) of this part, 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 comply with the  or over which water flows at least periodically.  requirements of Sec. 26-111 of this part.  Sec. 26-106. - Florida Building Code amendments.  (1) Cumulative substantial improvement. In the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the term "Substantial Improvement" shall be as (2) Enclosures below required elevations for dwellings in floor hazard areas. Enclosed areas below the required elevation for dwellings ini flood hazard areas shall be limited as follows: (a) The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators, unless a partition is required (b) Where perimeter walls are permitted, the limitation on partitions does not apply to load  provided in Section 26-104 of this part.  by the fire code.  bearing walls interior to perimeter wall (crawispace) foundations.  Sec. 26-107. - Subdivisions.  (1) Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will be (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; (c) 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  reasonably safe from flooding;  and  and away from proposed structures.  21    (2) Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following (a) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (b) 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 accordance with Sec. 26-100(2)(a) of this part; and (c) Compliance with the site improvement and utilities requirements of Sec. 26-108 of  shall be required:  this part.  Sec. 26-108. - Site Improvements, Utilities and Limitations  (1) Minimum requirements. All proposed new development shall be reviewed to (a) Such proposals are consistent with the need to minimize flood damage and will be (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; (c) 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  determine that:  reasonably safe from flooding;  and  and away from proposed structures.  (2) 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 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and (3) 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 Chapter7tominimize or eliminate infiltration of floodwaters (4) 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 Sec. 26-100(3)(a) of this part demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.  systems.  into the systems.  22    (5) Limitations on placement of fill. Subject to the limitations of this part, 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 the requirements of the Florida Building  Code.  Sec. 26-109. - Manufactured Homes.  (1) 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 Chapter 15C-1, F.A.C. and the requirements of this part. (2) Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2 and this part. Foundations for manufactured homes subject to Sec. 26-109(6) of this part are permitted to be reinforced piers or other (3) 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 wind resistance. (4) Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Sec. 26-109(5) or 26-109(6) of this part, as applicable. (5) General elevation requirement. Unless subject to the requirements of Sec. 26- 108(6) of this part, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred 'substantial damage" as the result of a flood, 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, (6) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Sec. 26-108(5) of this part, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless onas site where substantial damage as result of flooding has occurred, shall be elevated such that either  foundation elements of at least equivalent strength.  Residential Section R322.2 (Zone A).  the:  23    (a) Bottom oft thet frame oft the manufactured home is at or above the elevation required in the Florida Building Code, Residential Section R322.2 (Zone A); or (b) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 48 inches in height above  grade.  (7) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 for such (8) 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  enclosed areas.  Section R322.  Sec. 26-110. - Recreational Vehicles and Park Trailers.  (1) Temporary placement. Recreational vehicles and park trailers placed temporarily in  flood hazard areas shall:  (a) Be on the site for fewer than 180 consecutive days; or  (b) 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 porches.  (2) Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Sec. 26- 110(1) of this part for temporary placement shall meet the  requirements of Sec. 26-109 of this part for manufactured homes.  Sec. 26-111.-T Tanks.  (1) 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 (2) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Sec. 26-111(3) of this part shall be permitted in flood 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 (3) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the  assuming the tank is empty.  ise empty and the effects of flood-borne debris.  24    design flood. Tank-supporting: structures shall meet the foundation requirements of the (4) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (a), At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions oft the (b). Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects C ofbuoyancy, during conditions ofthe design  applicable flood hazard area.  design flood; and  flood.  Sec. 26-112. - Other Development.  (1) 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 part or the Florida Building Code, shall: (a) Be located and constructed to minimize flood damage;  (b) Meet the limitations of Sec. 26-108(4) oft this part if located in a regulated floodway; (c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, duringconditions oft the design  flood;  (d) Be constructed of flood damage-resistant materials; and  (e) 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 to the provisions of the  electrical part of building code for wet locations.  (2) Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh (3) Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated (4) 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 to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Sec. 26-108(4) oft this part. Alteration of a watercourse that is part ofa a road or watercourse crossing shall  fences, shall meet the limitations of Sec. 26-108(4) of this part.  floodways shall meet the limitations of Sec. 26-108(4) of this part.  meet the requirements of Sec. 26-100(3)(c) of this part.  25    SECTION 4. AMENDMENT TO CHAPTER 6, CODE OF ORDINANCES. Chapter 6 - Buildings and Building Regulation of the Code of Ordinances of the City of Fort Meade, Florida, is amended with the following technical amendments to the Florida  Building Code, Residential.  Sec.6-10.-Florida-BuldingCode-Amendments. e-Florida-Bukding.Cde,ResdenarSSedtien-R3222*  R32221Eleyationrequirements.  4-Buldings-andsinudeivcluresin-oxdharandarasmoidesgnnatedas-Coastal AZones-shal-havethelowes-ouevatedo-orabove: the-baseflood elevationplus-1-foclep:thedesgatoo.WAccheveris-higher: 2.E Buldings-and-sirucuwesin-od-hazandaras-desgnated-as-Coasta-A Zones-shal-have-the-ne-owes-por-eevaledoorabove-the-base-lood elevationplus1-oot05mmporioinedesgnodeevaation-wAcheve: 3-lnareasofshallowfpopA0Zonee/buidngeanseivesehalnave thelowest-oor-fneludimgbasemenp.empeevaledateastas-mgn-above-ine Mghesasporigaiestwhaswwalwdiniseton.eRM plus 1s-oratast3eet2-aommta.depl-umpes-noN 4-Basementloors-rhatarebelbwgradeomalisdeseha-beeleyatedo-or abovethe base-fodeevaltonpwsPVRIAGedesgr-loo-elevalon, Exception: - Enclosed-areas-below-tne-desiga-food-elevalevation,-neluding basements-whose-floors-are-not-below-grade-on-al-sides,Shal-meet-the  is-higher.  specified.  whicheveri is-higher.  requirements-ofSection-R32222  (/Florida-BukdingCede,PesdenlarsSeaton-R32222  R32222Enclpsed-arar-beow-deagn.oo-elevation Enclesed-areas, makwingeawtepases.haaledeynesgnfodelvatonshat:  -Be-used-solely-eyorpaagolvences,pukingaccess-ofslorage: The-nterierperion-oisuchencgsessdsreaESPALREDetbe-paritoned-or frished-nteseparate-pomsexceptierstnels-rampeandelevalors, nessaPaeAEIRAVRlecade Themiation-on-PAFHIOAS dees not apply to load-bearing walls interior to perimeter wall  crawspaceloundaliens.  Remainderumcnanged  O/Fon-ButanpCa,Buhing.sesen2e.  Substantial- improvement. Any combination- of - repair, reconstruction; rehabitaion,adlion,oralerimpovementolabuingorannudlureiakngplace  26    unnga10-yearpenod,tnecumuative.costOFwhichequas-orexceeds-50percent demstaaedihehuaswemepate started. Foreach-buldings erstruclure.the-10.earperodbegnss-onhe-date-d the first permit issued for mprovementorrepatr: dH-bumge-ur ubsequentlowy13-2014-Hlnedinucluehas-moue'absubslantia-damage: any-repais-are-consideredsupstanta-mprovementregardlessoFtneactual-repar e/Anypigectormprvementoabuaningregurediocomedtewstingeal#h, anlaworsaleycdevvolalions-dentines: ylehuanyaliaimainat aretne-mnmumnecessaylbassuesalesalelvangconditions. -AnyalerationIOMCSIRNidedtneaHeration-wil-notpreclude thesiuclurescontinueddesgnsatonasahistoriesirclure.  wolkperomed.Fetelemdoesmo-hoeever-"noldeeiher:  dFondaBukaingCoe,hiatingBauhding: Section-202  Substantial improvement. Any sombnston-c-repai reconstruction; rehabilitation,additon,orolnerimprovementofabuldingorstnucluretaking.place duringa10-yearpened,negumuativecosto'whchichequalsorexceeds-50percent oHthemaiketwaluedftiebunamgorainvcwnvdurebabvelhe-mpovementorrepairis started. FREsAhAnASESiNNe.a-Psestsesa begins-on-he-dated the first permit issued SESSESNN building or structure subsequent t-JWy-13,2014 e-nueaERORam'subsinsadnage: any-repairs-are-consideredsubstanta-mprovementregardlessoftheaclualrepair e/Anyprgectiormprvementoabuaingreguediocmeectexsting-heaHh, saniany-orsalelycoddewoaionsisentiedbylnebukingoffcialandthat aPetnemAumRecessayibasuesale-wing.condHons. 0/Anyalerationofindwepowdedinealerationwil-otpreclude thesiclures-continueddesgnatonasalhistoricsinuclure.  work-pefformed.helemdoesnOt-RoweveF.-nclude-either:  SECTION 5. FISCAL IMPACT STATEMENT. Int terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to  consumers.  SECTION 6. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Fort Meade. This ordinance shall apply to all applications for development, including building permit applications and subdivision  proposals, submitted on or after the effective date of this ordinance.  27    SECTION 7. UPDATING THE CODE OF ORDINANCES. This Ordinance shall be codified and made part of the official Code of Ordinances of the City of Fort Meade. The City's staff is directed to update the Code of Ordinances to insert the revisions  reflected herein.  SECTION 8. REPEAL OF CONFLICTING ORDINANCES; RATIFYING UNAMENDED PROVISIONS OF THE CODE OF ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and, all provisions in the Code of Ordinances shall remain unamended and are hereby ratified and confirmed.  SECTION 9. SEVERABILITY. Ifa any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain  inf full effect.  SECTION 10. EFFECTIVE DATE. This ordinance shall become effective  immediately upon adoption after second reading.  PASSED FIRST READING:  PASSED AND ADOPTED ON SECOND READING:  Mayor, Petrina McCutchen  ATTEST:  Melissa Cannon, Deputy City Clerk, IHEREBY CERTIFY that I have approved this ORDINANCE as to form:  City Attorney,  Austin Pamies Norris Weeks Powell, PLLC  28    Requested by Administration Vice-Mayor Samuel Berrien Commissioner James Watts Commissioner Jaret Williams Commissioner James Possum Schaill Mayor Petrina McCutchen  Voted  29        CITY OF FORT MEADE, FLORIDA STAFF REPORT FOR MEETING OF August 13, 2024 AGENDA ITEM. J-03  SUBJECT:  Updating the Fire Prevention Code ofthe City of Fort Meade, FL  BACKGROUND:  During a past review of the City's Charter and Code of Ordinances, it was discovered that the existing fire prevention code was vague and did not align with state statutes or the operational requirements of the Fire Department concerning fire prevention and inspections. As we look forward to commercial and economic growth clearly defined fire codes are essential to have in place. The City of Fort Meade is mandated by state statute to establish a specific fire code that is clear, concise, and effectively communicates the requirements for both commercial occupancies and the City itself. This proposed ordinance aligns the City's fire prevention code with the Florida Fire Prevention Code, ensuring legal compliance and establishing clear expectations for commercial occupancies. This alignment is critical for maintaining the safety ofl life and property  within the City of Fort Meade. FISCALI IMPACT:  There is a nominal fee for inspections charged and estimated revenue is approximately $4,850- $5,000 to the fire budget annually. There is no direct negative fiscal impact associated with updating the fire prevention code. Our current staff are certified and able to perform inspections and enforce code. However, the implementation ofa more defined and enforceable code may lead toi improved compliance and potentially reduce costs associated with fire-related incidents.  RECOMMENDATION:  Staff recommends that the Commission approve the proposed ordinance to update the fire prevention code of the City of Fort Meade. This update will ensure that the City's fire prevention standards are clear, legally compliant, and aligned with state requirements, thereby enhancing the  safety ofl life and property within the City.  MOTION: Move to adopt Ordinance 2024-18 Fort Meade Fire Prevention Code.  Initiated/Created by: Matthew Zahara 8/7/2024  Approval by:        CITY OF FORT MEADE, FLORIDA ORDINANCE NO. 2024-18  AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT MEADE, FLORIDA, ADOPTING A FIRE PREVENTION CODE; ESTABLISHING THE BUREAU OF FIRE PREVENTION, INSPECTION AND INVESTIGATION; ESTABLISHING; RULES AND REGULATIONS FOR FIRE PREVENTION AND SAFTEY; PROVIDING FOR PENALTY FOR REPEALLING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABLITY; AND PROVIDING FOR  AN EFFECTIVE DATE.  WHEREAS, the City Commission has determined that uniform rules and regulations pertaining to fire safety and equipment located in the City are necessary for  public health, safety and welfare of the City's residents; and  WHEREAS, the City Commission recognizes the Florida Fire Prevention Code as adopted by the State of Florida pursuant to Florida Statutes 633.202, and that that National Fire Codes of the National Fire Protection Association Standards, Adopted Editions, are reasonable rules and regulations and would benefit the City's residents and  businesses; and,  NOW, THEREFORE, BE IT ORDAINED by the City Commission oft the City of Fort Meade that the City of Fort Meade Code of Ordinances is hereby amended and adopted  as follows:  Section 1. That the foregoing WHEREAS" clauses are hereby adopted as legislative findings of the City of Fort Meade Commission and are hereby ratified and confirmed as being true and correct and are made a specific part of this Ordinance upon  adoption.    Section 2. The Commission adopts the "Fire Prevention Code of The City of Fort Meade Fire Prevention Code," a true and correct copy is attached hereto and  incorporated as Exhibit 1.  Section 3. REPEALER.:  That all sections or parts of sections of the City  Code, all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict.  Section 4. SEVERABILITY That should any section or provision of this Ordinance, or any paragraph, section or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof,  as a whole or part hereof, other than the part declared to be invalid.  Section 5. INCLUSION IN THE CODE:  That it is the intention of the City  Commission of the City of Fort Meade that the provisions of this Ordinance shall become and be made part of the Code of the City of Fort Meade, and that the sections of this Ordinance may be renumbered or re-lettered and the word Ordinance" may be changed to "Chapter", "Section", "Article" or such other appropriate word or phrase, the use of  which shall accomplish the intentions herein expressed. Section 5. Transmittal and Recordation.  This Ordinance shall be  transmitted to the State Fire Marshal and recorded with the Fort Meade Clerk.  Section 6. EFFECTIVE DATE. That this Ordinance shall take effect  immediately upon adoption on second reading.  PASSED FIRST READING:  PASSED AND ADOPTED ON SECOND READING:  2    Mayor, Petrina McCutchen  ATTEST:  Melissa Cannon, Deputy City Clerk, THEREBY CERTIFY that Ihave approved this RESOLUTION as to form:  City Attorney,  Austin Pamies Norris Weeks Powell, PLLC  Requested by Administration Vice-Mayor Samuel Berrien Commissioner James Watts Commissioner Jaret Williams Commissioner James Possum Schaill Mayor Petrina McCutchen  Voted  3        FIRE PREVENTION CODE  IETORIC FORT CIy  AM#eITLIR4  FORT MEADE,FL)  Excellence in Service" Fire Prevention Code of  The City of Fort Meade  Ordinance 2024-18  1    FIRE PREVENTION CODE  PREAMBLE Section 1: Introduction.. GENERALI PROVISIONS Section 3: Title.. Section 4: Definitions Section 5: Recognition. Section 6: Application ADMINISTRATION Section 7: Authority.  Page 3 3  Section 2: Bureau of Fire Prevention and Inspection..  3 3-4 5  IREPREVENTION REGULATIONS Section 8: Unnecessary/ralse Alarms and Service Fees. Section 9: Required. Access for Fire Apparatus Section 10: Key Box & Lock Systems. Section 11: Storage and/or Use of Appliances Prohibited. Section 12: Fire Alarm Systems. Section 13: Fire Sprinkler and Standpipe Systems Section 14: Cease and Desist Order or Stop' Work Order. Section 15: Mobile Food Dispensing' Vehicle (MFDV) Section 16: Certificate of Inspection Section 17: Penalty. Section 19: Board of Appeals Section 20: Change of Use/Occupancy Section 21: Table 1. Section 22: Fee Schedule..  7-8 8-9 9-10 10 10-11 11-12 12-13 13 14 14 .14 14 14 15 16  Section 18: Previous Rules, Regulations and Codes Repealed.  2    FIRE PREVENTION CODE  PREAMBLE  Section 1: Introduction  Section 2: Bureau of Fire Prevention. Inspection and Investigation 2.1 The Fire Chief shall be designated as the Fire Marshal unless by appointment, is delegated otherwise. The Fire Marshal of the Fort Meade Fire Rescue Department shall be responsible for the enforcement of the Fire Prevention Code of the City of Fort Meade Fire Department. To assist in the performance of the responsibilities and duties placed upon the Fire Marshal of the Fort Meade Fire Department, the Bureau of Fire Prevention and Inspection, 2.2 The Bureau within Fort Meade Fire Department shall operate under the supervision of the Fire Marshal of the Fort Meade Fire Department. The Fire Marshal shall be responsible for the direct administration and enforcement of the Fort Meade Fire Department Prevention Code. The Fire Marshal may designate such number of Fire Inspectors as shall from time to time be authorized by the  is hereby established to be under the control of the Fire Chief.  Fire Chief.  GENERAL PROVISIONS  Section 3: Title  3.1 The title of this Code shall be the Fire Prevention Code of the City of Fort Meade and shall be on file in the Administrative Office of the City of Fort Meade located at 8 W. Broadway Street, Fort Meade, FL, 33841 and shall be kept  available for public use, inspection and examination.  Section 4: Definitions  4.1 For the purposes of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The below-listed definitions are in addition to the definitions found in the currently adopted edition  of the Florida Fire Prevention Code.  3    FIRE PREVENTION CODE  4.1.1 Authority Having Jurisdiction (AHJ). The Fort Meade Fire Department through the Fire Chief and/or his/her designated State Certified Inspector. 4.1.2 Building Code. The Florida Building Code as identified in Section 553.73, 4.1.3 Malfunctioning Fire Alarm. Any fire alarm activation due to an unknown 4.1.4 Nuisance Fire Alarm. Fire alarm activation as a result of, but not limited to, construction, maintenance, pressure washing, or any other cause or activity not within the scope of the fire alarm systems' intended design, use, and 4.1.5 NFPA. The National Fire Protection Association as referenced in the Florida Building Code. NPFA Standard No. (1) or NFPA Code No. (101) shall mean the referenced code or standard as compiled and published 4.1.6 National Fire Code. The compilation of the National Fire Protection Association codes, standards, guides, recommended practices, and manuals published by the National Fire Protection Association and as adopted by Fort 4.1.7 Story. That portion of a building located between the upper surface of a floor and the upper surface of the floor or roof next above. A parking area 4.1.8 Substantially Altered. A structural alteration increasing the square footage of an existing building such that the square footage of the entire building exceeds the table limits of Section 23 Table 1 shall be considered a substantial 4.1.9 Change of Use. A change in the purpose or level of activity within a structure that involves a change in application of the requirements of the Code (NFPA 101 = 4.1.10 Change of Occupancy. The change in the occupancy Classification of a structure or portion of a structure (NFPA 101 -43.2.2.1.6 2021 edition). 4.1.11 Existing Use. Al building erected or officially authorized prior tot the effective date of the adoption of this edition of the Code by the agency or jurisdiction.  Florida Statutes (FS), as amended from time to time.  reason.  installation.  by the National Fire Protection Association.  Meade Fire Rescue Department.  beneath a building is considered a story.  alteration. 43.2.2.1.5  4    FIRE PREVENTION CODE  Section 5: Recognition  5.1 Florida Fire Prevention Code (FFPC). This Code recognizes the Florida Fire Prevention Code as adopted by the State of Florida pursuant to Section 633.202 FS, as amended from time to time. The same is hereby adopted and incorporated as fully as if set out at length herein. Not less than one copy of the adopted issue of NFPA 1 & 101, Florida Fire Prevention Code of the National Fire Protection Association and the adopted standards and code of the National Fire Codes shall be filed in the office of the Fire Marshal and the provisions thereof shall be controlling within the limits of the city. Whenever the Florida Fire Prevention Code as referenced herein and this Code address an identical issue, the more stringent fire protection provisions shall apply unless otherwise prohibited by applicable Florida law.  5.2 Florida Building Code (FBC). Whenever the Florida Building Code as referenced herein, and this Code addresses an identical issue, the more stringent fire protection provisions shall apply unless otherwise prohibited by applicable 5.3 City of Fort Meade Land Development Code (LDC). This Code recognizes and references the City of Fort Meade Land Development Code, as adopted, and amended by the City of Fort Meade, Commission. Whenever the City of Fort Meade Land Development Code and this Code address an identical issue, the more stringent fire protection provisions shall apply unless otherwise 5.4 City of Fort Meade Utilities Standards. The Code recognizes and references the City of Fort Meade Utilities Standards, as adopted and amended by the City of Fort Meade Commission. Whenever the City of Fort Meade Utilities Standards and this Code address an identical issue, the more stringent fire protection provisions shall apply unless otherwise prohibited by applicable Florida Code recognizes and references the City of Fort Meade Public Works Standard, as adopted and amended by the City of Fort Meade Commission. Whenever the City of Fort Meade Public Works Standard and this Code address an identical issue, the more stringent fire protection, provisions shall apply unless otherwise  Florida law.  prohibited by applicable Florida law.  law.  5.5 The City of Fort Meade  Public Works Standard. This  prohibited by applicable Florida law.  5    FIRE PREVENTION CODE  Section 6: Application  6.1 The provisions of this Code shall apply to all new commercial buildings and to buildings where a change of use or occupancy is applied for. Existing buildings constructed prior to the adoption of this Code shall remain in compliance with the previous code unless specifically noted in this Code. Existing structures, vehicles, marine vessels, premises, and conditions not in strict compliance with this Code may be permitted to continue unless, in the opinion oft the Fire Marshal, they  constitute a distinct hazard to life or property.  6.2 The provisions of this Code do not apply to one or two-family dwellings in normal use or maintenance thereof, except that this Code shall apply whenever the activity or use of such dwelling creates a distinct hazard to life or property ori is referenced by the Uniform Fire Safety Standards as provided for under Section  633.206 FS, as amended from time to time.  6.2.1 When the building rehabilitation meets or exceeds the square footage limits as shown in Section 23 Table 1, the requirements of Section 23 Table 1 shall be 6.3 The provisions of this Code, as far as they are substantially the same as existing provisions of law relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactment. 6.4 The adoption of this Code or the repeal of any other existing provision of law, including regulations or orders, shall not be construed to alter any time limit which may have been imposed by any existing law, regulation or order of the Fire Marshal or other authority relating to compliance with such limits. 6.5 If any provision of this Code is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, it shall not affect the validity 6.6 Land Use and Zoning Regulation. In The City of Fort Meade the land use entitlement and approval process is administered, interpreted, and implemented by the City Commissioners and its designees (the implemented by The City of Fort Meade irrespective of the provisions of this Ordinance. No provision of this Ordinance shall be deemed to constitute a separate andlor additional land use entitlement or approval process by the Fort Meade Fire Department. In events of conflict between this ordinance and the Approval Process, pursuant to Florida Statutes 191.006, the City Ordinance shall not conflict with any ordinances of the local generalt-purpose government.  implemented.  of the remaining provisions of this Code.  "Approval Process")  and may be administered, interpreted and  6    FIRE PREVENTION CODE  Administration Section 7: Authority  7.1 This Code shall be administered and enforced by the Fire Official designated by the governing authority of this jurisdiction as having this responsibility. They shall meet those qualifications as may be set forth by the jurisdiction as being necessary to effectively administer this Code. 7.2 This act shall be deemed an exercise of the enforcement power of Fort Meade Fire Department for the preservation and protection of the public health, peace, safety, and welfare, and all provisions of this Code shall be  liberally construed for that purpose. FIREPREVENTION REGULATIONS  Section 8: Malfunction and Nuisance Alarms  8.1 The purpose of this section shall be to regulate and control the malfunctioning nuisance fire alarms resulting in the unnecessary response of emergency vehicles. In the case of malfunction and nuisance alarms, the AHJ shall cause an investigation to be made and keep a record of the 8.1.1 For the purposes of this Section, the definition of "twelve-month period" shall mean the twelve months immediately prior to the most recent fire alarm activation this department responded to which has been 8.2 Persons owning, managing, or otherwise being in charge of the premises shall be responsible for regulating and controlling the use and maintenance of an automatic fire alarm system for those premises. The transmission of an excessive number of malfunction I nuisance, as defined herein, that result in the unnecessary response of emergency vehicles shall constitute a violation of this Code. The owner, manager, or person in charge shall, after the performance of an investigation by the AHJ as to the cause/s for each such malfunction/nuisance alarm, be responsible for such violation 8.2.1 Fire alarm systems that have produced two or more malfunction alarms within any 48-hour period shall be classified as chronic nuisance alarms and shall be immediately placed on fire watch. The fire watch shall stay in effect until the fire department can confirm the fire alarm system has been repaired to NFPA 72 standards. All fire watch expenses shall be the responsibility of the person/s  number of malfunction and nuisance alarms on file.  determined to be a malunction/nuisance alarm.  and may be assessed a fee pursuant to this section.  owning and/or managing the bulding/occupancy.  7    FIRE PREVENTION CODE  8.2.1 Fire alarm systems that have produced three or more malfunction and or nuisance alarms in a 365-day period shall be classified as chronic nuisance  alarm prone systems.  8.2.2 For the first (1) and second (2) malfunction/nuisance alarms, inclusive, as set forth in Section 8 of this Code, occurring in any given twelve (12) month period, but not within any 48-hour period, a warning shall be issued in writing. 8.2.3 Each malfunction/nuisance alarm in excess of (2) in the same twelve (12) month period may be assessed a fee of $100.00 for each alarm.  8.2.4 Penalty: Section 17.  Section 9: Required Access for Fire Apparatus  9.1 Automatic Vehicle Gates  9.1.1 Plans for each automatic gate system shall be submitted to the City of Fort Meade for review and approval prior to the initiation of any construction. 9.1.2 When in the fully open position, gates shall allow not less than fifteen (15) feet horizontal clear space, including any roadway surface, as measured from inside curb to inside curb. A vertical clear space of not less than thirteen  (13) feet six (6) inches shall also be required. 9.1.3 Each system shall have as a minimum for operation:  A.A Knox Key Control Switch shall be required to be mounted at the gate entrance (as approved by the AHJ) as to ensure fire department access is B.I In the event of power outages, a battery back-up system shall cause the galel)obeopenedontnenlysdeofineccomplextoalowior emergency access. The gate(s) shall remain in the fully open C.Any additional automatic gate system standards shall be developed ino conjunction with the City of Fort Meade ensure City access to gated subdivisions or developments through the use of an approved device or system.  provided.  position until power is restored.  to  9.1.4 Ifthe gate is to be used for emergency access only, signage shall be installed on both the interior and exterior of the gate indicating the gate is to be used for  emergency access only and prohibiting parking.  8    FIRE PREVENTION CODE  9.1.5 In the event the gate becomes non-operational, the gate(s) shall be secured in the fully opened position until such time as the minimum requirements as outline above have been restored to a fully operational condition. 9.1.6 Upon initial acceptance of the automatic gate(s), the property owner or management company shall mark the entry gate(s) with reflective tape markings. These markings shall be maintained by the property owner or management 9.1.7 Where any vehicle access gate is installed expressly for emergency access, the gate shall be set back from the roadway a distance sufficient to allow emergency vehicles using said gate to be fully off the roadway while 9.1.8 No automatic vehicle access gate or cross bar used for entry control shall be placed in service until such time as the operating features have been 9.1.9 Manual gates that are locked shall have an approved key box installed at  company.  opening a manual gate or allowing an automatic gate to open.  inspected, tested and approved by this City. a location approved by the AHJ. 9.2 Penalty: Section 17.  Section 10: Key Box & Lock Systems  10.1 All commercial buildings that apply for a change of use,change of occupancy ora permit for alteration exeeding the requirements of this code, an approved Knox key box shall be required. The tumbler shall match the fire department key. The location of the key box shall be approved by the Fire Marshal. Keys shall be provided to gain access to fire alarm panels, electrical room, elevator rooms, sprinkler room, and any other area to which this department may require access. Where required, keys and locks shall be "mastered". Instructions  for the key box may be obtained from the Fire Marshal.  9    FIRE PREVENTION CODE  10.1.1 Installation height of the Knox key box shall be a maximum of six (6) feet 10.2 In the event manual vehicle gates are installed which would impede access toa building, or complex of buildings, the gate shall meet the minimum requirements for access and clearances as specified in Section 9.2.2 of 10.2.1 If determined by the AHJ that any installed gate would impede the access toa building, complex or a fire hydrant, the owner, occupant or property management shall supply an approved lock box or pad lock keyed to the Fire Department in which it is installed in order to facilitate access to the building,  above finished grade or as approved by the AHJ.  this Code.  complex or hydrant. 10.2.2 Penalty: Section 17.  Section 11: Storage andlor Use of Appliances Prohibited  11.1 No person shall store or use any charcoal, gas or wood fired heaters, grills, barbecues, or smokers on porches, balconies, or breezeway of any hotel and/or 11.2 No person shall place, store or maintain gas or propane cylinders on porches, breezeways or balconies of any hotel and/or apartment occupancy.  apartment occupancy.  11.3 Penalty: Section 17. Section 12: Fire Alarm Systems 12.1 General Requirements Section 23 Table 1 and as follows:  12.1.1 Approved fire alarm systems shall! bei installedi in! buildings as required by 1) Basements or cellars with ceilings less thant fifty-four (54)inches above grade, orhaving at floora areae exceeding: 2,500: square feet, orwhen used as lounges or 2) Allr required fire alarm systems shall be annunciated and monitored  nightclubs, regardless of size.  10    FIRE PREVENTION CODE  (3) Fire alarm control panels or required annunciator shall be installed within six (4) Horn/Strobe lights shall bei installed on the exterior ofe each building for which at fire alarm system is required sO as to be easily seen from the street and its location approved by the AHJ. The light shall be either red or white in (5) Buildings which have water flow only or are not required to have at fire alarm system installed, but have one installed as an equivalency, shall provide occupant notification to alert occupants of a fire or other emergency by means of audible and visible indicators and pull stations at required exits. Systems installed without a fire sprinkler system shall provide full area detection along with audible and visible indicators and pull stations at (6) Outside stem and yoke (OS&Y) valves on fire line backflow preventers shall bes secured through the use of chain(s) and lock(s) or other means approved  (6) feet oft the primary entrance.  color.  required exits or as required by AHJ.  by the AHJ. 12.2Penalty: Section 17.  Section 13: Fire Sprinkler and Standpipe Systems  13.1 General Requirements by Section 23 Table 1.  13.1.1 Approved fire sprinkler systems shall be installed in buildings as required 13.2 All fire department connections shall be located on the private property side of the fire line backflow preventer unless a specific exception is issued in writing by the AHJ. Such connection should be attached directly to the backflow preventer and shall be 2%" or 5" Storz connection unless otherwise approved by the AHJ.  13.5 Preplanned Sprinkler System Impairments  13.5.1 The AHJ shall be notified by the bulding/property owner, occupant, the impairment coordinator or the licensed contractor conducting the work which will cause the scheduled impairment, no less than three (3) business days prior to the scheduled impairment. This will allow the building owner, agent, contractor or other responsible parties to notify the AHJ of all arrangements to ensure life safety  is upheld.  11    FIRE PREVENTION CODE  13.6 Standpipes and/orHose Connections  13.6.1 Standpipes and/or hose connections shall be required for buildings three 13.6.2 Locations for standpipes and/or hose connections shall be required at each 13.6.3 Hose connections shall be a 2%2 inch connection with a 2% inch to  (3)o or more stories in height.  level and shall be approved by the AHJ.  1% inch reducer.  13.6.4 Installations shall be inc compliance with NFPA 14.  13.6.5 The AHJ may waive this requirement when firefighting access can be accomplished with pre-connected hoses to remote locations from firefighting 13.6.5.1 Any such waiver as outlined in 13.6.5 shall be authorized in writing from the AHJ and such waiver shall be acquired prior toi initiation of any construction.  apparatus.  13.6.6 Penalty: Section 17.  Section 14: Cease and Desist Order or Stop Work Order  14.1 Whenever the violation of any provision of this Code presents an immediate danger to life, safety or property or when any new construction or existing building is occupied in whole or in part in violation of the provisions of this Code, or when any fire, explosion or other such disaster occurs and presents an immediate danger to life or property, the AHJ shall immediately post, or cause to be posted a Cease and Desist Order, Stop Work Order or other approved signage or documentation on the premises and shall suspend any and all use of the building, marine vessel, structure, or premises until such time that the danger tol life or property has been removed or correction of the violation has been 14.2 If it is determined by the AHJ that a violation specified in this subsection exists, the AHJ or their designee may issue and deliver the person committing the violation an order to cease and desist from such violation, to correct any hazardous condition, to preclude occupancy of the affected building or structure, and/or to vacate the premises of the affected building or structure. violations  made.  include one or more oft the following:  12    FIRE PREVENTION CODE  (1)A violation of any provision of this section, of any rule adopted pursuant there to, of any applicable Uniform Fire Safety standard adopted pursuant to Florida Law, which is not adequately addressed by an alternative (2)A substantial violation of an applicable minimum Fire Safety standard adopted pursuant to Florida Law, which is not reasonably addressed by any alternative requirement imposed at the local level, or an unreasonable interpretation of any applicable minimum fire safety standard, and which violation or interpretation clearly constitutes a danger to life, safety, or (3)A building or structure which is in a dilapidated condition and as a result (4) Al building or structure which contains explosive matter or flammable liquids 14.3 If, during the conduct of a fire safety inspection authorized by Florida Law, it is determined that a violation described in this section exists which poses an immediate danger to the public health, safety or welfare, the AHJ may issue an order to vacate the building in question, which order shall be immediately effective and shall be an immediate final order. With respect to a facility under the jurisdiction of a District School Board or Community College Board of Trustees, the order to vacate shall be issued jointly be the District 14.4 The AHJ may seek an injunction in the circuit court of the County of Polk to enforce an order issued pursuant to this subsection Section 15: Mobile Food Dispensing Vehicle (MFDV) 15.1 Mobile and/or temporary cooking operations shall be inspected prior to operation at each event/location within the district. 15.1.1 Cooking equipment used in mobile and/or temporary cooking concessions, such as trucks, trailers and/or buses shall comply with NFPA 1, NFPA 10, NFPA 15.1.2 Each vendor shall be properly licensed by the Florida Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants and/or the Florida Department of Agriculture, Division of Food Safety.  requirement adopted on a local level.  property.  thereof creates a danger to life, safety or property. or gases constituting a danger to life, safety or property.  Superintendent or College President and the AHJ.  14.5Penalty: Section 17.  96, FFPC, FAC SK and/or FAC 61C, as applicable.  15.2 Penalty: Section 17.  13    FIRE PREVENTION CODE  Section 16: Certificate of Inspection  16.1 No building shall be occupied in whole or in part without the approval of, and the issuance of a Certificate of Inspection Report being completed and filed by 16.2 Existing commercial occupancies shall be inspected once annually. Inspections shall be conducted according to a plan developed by the Authority Having Jurisdiction (AHJ) and based on the occupancy type as listed in the  the AHJ.  Florida Fire Prevention Code (FFPC). 16.3 Penalty: Section 17. Section 17: Penalty  17.1 Any person who shall violate one of the provisions of this Code or the National Fire Codes, as adopted by the District for which another penalty is not provided, or shall fail to comply therewith; or shall violate or fail to comply with any order made thereunder; shall build in violation of any details, statement, specifications, or plans submitted or approved thereunder; or shall operate not in accordance with the provision of any certificate, permit, or approval issued thereunder, and from which no appeal has been taken; or who shall fail to comply with such an order as affirmed or modified by the AHJ or by a court of competent jurisdiction within the time fixed herein shall severally for each and every violation and non-complance, respectively be punished by a fine of not more than $250.00 a day with each day oft the violation constituting a separate offense. 17.2 The imposition of a penalty for a violation shall not excuse the violation nor shall the violation be permitted to continue. All persons shall be required to correct or remedy the violations or defects within a reasonable time and, when not otherwise specified, the application of the above penalty shall not be  held to prevent the enforced removed of prohibited conditions. Section 18: Previous Rules, Regulations and Codes Repealed  18.1 All formal rules and regulations or parts thereof conflicting or inconsistent with the provisions of these rules and regulations or of the Code hereby adopted are  hereby repealed.  Section 19: Board of Appeals  19.1 Whenever any person, firm or corporation is of the opinion that they have been aggrieved, pursuant to Chapter 69A-60, Florida Fire Prevention Code, they may seek relief from such decision(s) as interpreted by the Fire Marshal from the  the City of Fort Meade Fire Prevention Code Board of Appeals.  14    FIRE PREVENTION CODE  Section 20: Change of Use/Occupancy  20.1 The City shall only conduct its inspection upon application when there is a change of use/occupancy or a building permit is issued meeting the requirements of a substantial alteration and after the City of Fort Meade Building Development Services has already inspected the premises to ensure the structure(s) islare properly zoned and in compliance with applicable Florida  Building Codes.  Section 21: Table 1 Sprinkler Systems required Systems Required and  Occupancy Classification Fire Alarm and or Fire  Initiation ofFireA Alarm follows: Manual pull station at all required exits and not to distance; flow switch, or as required byt theF FBC.  Annunciation and Monitoring ofFireA Alarm Systems  under thet following conditions: 3000 or more occupants outlinedi inNFPA 101** required byt thef FBC.  Assembly Educational Residential  exceed 200 foot travel As outlined in NFPA 101"*  2 stories or more or as As outlinedi in NFPA 101** 3 stories or more or as Manual pull stations at  As outlined inN NFPA 101**  defined in the FFPC, or as required exits; flow switch or As outlinedi inN NFPA 101**  fire suppression systems *unlesse exemptedby6 633.202, or asr required byt the FBC. Manual pull stations at all space.S where commodity may be stored over 12 feet above finish floor level, as determined by the AHJ, or as required byt the FBC. Manual pull stations at Manual pull stations at required exits; Flow Switch suppression systems; area type smoke detection in all area of air conditioned controlled space, orasr required by the FBC. ora as requiredb by thel FBC. As required byt the AHJ  10,000 square feet or more required exits; Flow switch;  Mercantile  or 2 stories or more, or as area type smoke detection in As outlined in NFPA 101**  required byt the FBC.  15,000 square feet or square feet or more, or as asr required byt the FBC. required byt the FBC. 10,000 square feet or more or 2: stories orr more, or and/or as required by the FBC.  Business  more or2s stories and 10,000 required exits; Flow switch, or As outlinedi in NFPA 101**  Industrial  As outlined in NFPA1 101"*  10,000 square feet or Manual pull stations at  Storage High! Hazard/Special  more or2 2s stories orr more, or required exits; Flow switch, As outlined in! NFPA 101**  asr required by thel FBC. Allbuildings regardless of size  AHJ  Asr required by the  Per currently adoptede edition oft the! Floridal Fire Prevention Code (FFPC).  15    Fort Meade Fire Rescue Fire Prevention Fee Schedule  Permits shall be issued for various activities or processes that may cause or contribute to the spread of fire or hazardous conditions in any given occupancy. Permit fees shall be charged in addition to the Routine Inspections, Certificate of Occupancy Inspections, and plans review. Permits and Certificates of Occupancy  shall not be issued until all payments have been paid in full.  Routine Inspections: Square Footage Up to 5,000 5,001- -10,000 10,001 - 15,000 15,001-20,000 20,001-25,000 25,001-30,000 30,001-35,000 35,001-40,000 40,001-4 45,000 45,001-50,000 50,001-55,000 55,001- -60,000 60,001-65,000 65,001-70,000 70,001-75,000 75,001- - 80,000 Above 80,000  Normal Fee $ $ $ $ $ $ $   Re-inspection Fee $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ plus $101 for each 5,000 sqf ft above 80,000  50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210  100 120 140 160 180 200 220 240 260 280 300 320 340 360 380 400 420  $ $ $ plus $51 fore each 5,000 sqf ft above 80,000  Re-inspections: First Re-inspection No additional charge, 2nd and subsequent re-  inspections will follow the re- inspection chart above.  Certificate of Occupancy Inspections:  Normal Fee $ $ $ $ $ $  Re-inspection Fee $ $ $ $ $ $  Square Footage Upt to5 5,000 5,001- 1 10,000 10,001-15,000 15,001-20,000 20,001-25,000 25,001-30,000  65 130 195 260 325 390  130 260 390 520 650 780    Above 30,000  $ plus $10f for each 5,000sqft above 30,000  455  $ plus $20 for each 5,000s sq ft above 30,000  910  Construction Plans Review /F Permit:  Normal Fee $ $ $ $ $ $ $ $ $ $ plus $0.10 pers sqf ft above 90,000  Resubmitted Fee $ $ $ $ $ $ $ $ $ $ plus $0.05 per sq ft above 90,000  Square Footage Upt to 10,000 10,001-20,000 20,001-30,000 30,001-40,000 40,001-50,000 50,001-60,000 60,001-70,000 70,001-80,000 80,001-90,000 Above 90,000  75 100 125 150 175 200 225 250 275 300  37.50 50 62.50 75 87.50 100 112.50 125 137.50 150  FALSE FIRE ALARM FEES  For the first through third unnecessary false fire alarm inclusive as set forth in Section 14 of Ordinance No. 05-03 occurring in any 12 month period a warning will be issued in writing for the fourth and fifth unnecessary false fire alarm in the same 12 month period at fee of $100 dollars may be assessed for any subsequent unnecessary false fire alarms exceeding five in the same  12 month period af fee of $250.00 dollars for each alarm may be assessed.  Other Fees and Permits:  Sprinkler Permit (for each floor) (50 or less sprinkler heads) Sprinkler Permit (for each floor) (51 or more sprinkler heads) Sprinkler Permit (for each floor) (Over 100 sprinkler heads) Standpipe Permit (per standpipe) Fire Alarm Permit (for each floor) Fire Pumps Permit (for each fire pump with jockey) Hood Extinguishing System Permit (per system) Other Extinguishing System Permit (per system) Flammable or Combustible Storage Installation Permit (Above or Below Ground) Per Tank Tent (Promotional) Permit (>300 sqf ft) Public Fireworks Display Permit Sparkler Vendor Permit Exhibit, Trade Shows and Festival Permit  $ $ $ $ $ $ $ $ $ $ $ $ $  35 75 1.00 per head 35 35 35 35 35 50 50 75 75 50        CITY OF FORT MEADE, FLORIDA FOR MEETING OF AUGUST 13, 2024  Ea  STAFF REPORT AGENDA ITEM K-01  SUBJECT: Assessment Roll. BACKGROUND:  Consider Annual Stormwater Assessment Resolution No. R24-62-4 Approving the Final Stormwater  The City adopted Ordinance 14-10 establishing a stormwater management utility. Staffhas prepared the stormwater assessment with a rate adjustment of2.1% as in prior years.  Ordinance 14-10:  "(I) Stormwater Utility Fee Imposed; Equivalent Residential Unit Rate.  (a) Fee Imposed. There isl hereby imposed as stormwaterutility fee against alli improved property in the City for services and facilities provide by the Town's stormwater management (b) Scheduled. ESU Rate. The City hereby establishes an Equivalent Stormwater Unit Rate of $6.06 which: shall be charged monthly on all developed real property in the City beginning October 1, 2014. The Equivalent Stormwater Rate shall increase effective each October 1 as follows: October 1, 2015, to $6.24 per month; October 1, 2016, to $6.43 per month; October 1, 2017, to $6.75 per month; October 1, 2018, to $7.09 per month; and October 1, 2019, to $7.44 per  system.  month.  (c) Annual rate adjustment. Effective with bills rendered on or after October 1, 2020 (Fiscal Year 2020), the city manager may adjust the monthly stormwater service fees or assessments to reflect changes in operating costs without further action by the city commission. Prior to implementation thereof, notice ofsuch rate or assessment adjustments shall be promptly provided by the city manager to the city commission, and the City shall comply with all applicable notice requirements under general law. The city manager shall utilize the "price increase index" for major categories of utility operating costs which is annually adopted by the Florida Public Service Commission as required by Florida Statute. The rate adjustment shall be based upon the application The City also adopted Ordinance No. 15-07, which provides that the imposition of a non-ad valorem assessment to fund the costs of planning, permitting, construction, operation, maintenance, and administration oft the stormwater management system is a necessary method of  oft the index to the existing fees or assessments."    collection.  On July 9, 2024, the commission, by a unanimous vote of5-0, voted to approve Resolution R24-  55 the Initial Stormwater Assessment.  FISCALI IMPACT:  Anticipated funds to the Stormwater Fund of $239,468.46 for FY 2024-2025  RECOMMENDATION:  Approve Resolution R2024-62 Annual Stormwater Assessment.  MOTION: Move to Approve Resolution R2024-62 Annual Stormwater. Assessment.  2    RESOLUTION NO. R2024-62 ANNUAL STORMWATER ASSESSMENT  ARESOLUTION OF THE CITY OF FORT MEADE, FLORIDA, RELATING TO THE PROVISION OF STORMWATER SERVICES; IMPOSING INCREASED STORMWATER SERVICE ASSESSMENTS AND STORMWATER FEES AGAINST CERTAIN REAL PROPERTY WITHIN THE CITY OF FORT MEADE; FINALLY APPROVING THE STORMWATER ROLL FOR STORMWATER SERVICE ASSESSMENTS AND THE STORMWATER FEES; CONFIRMING THE INITIAL STORMWATER RESOLUTION; PROVIDING FOR SEVERABILITY; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Section 1. Findings, Intent and Need. In adopting this Annual Stormwater Resolution pursuant to Section 24-110 of the Code of Ordinances of the City of Fort Meade (the "Code"), the City Commission of the City of Fort Meade hereby makes the following findings, intent, and need that (a) describe the stormwater improvement and/or stormwater management service proposed for funding from the proceeds of the stormwater assessments and stormwater fees; (b) estimate the capital cost and/or stormwater service cost; (c) describe with particularity the proposed method of apportioning the capital cost or stormwater service cost among the parcels of property located within the stormwater improvement area or stormwater service area, as applicable, such that the owner of any parcel of property can objectively determine the amount of the stormwater assessments, based upon its value, use or physical characteristics; and (d) include specific legislative findings that recognize the equity provided by the apportionment methodology and specific legislative findings that recognize the special benefit provided by the stormwater improvement or stormwater  PROVIDING AN EFFECTIVE DATE.  CITY OF FORT MEADE, FLORIDA, AS FOLLOWS:  management service:  1. The City Commission adopted Ordinance No. 15-07 establishing the stormwater management non-ad valorem special assessment pursuant to Section 403.093, Fla. Stat., and related to Stormwater Management, which authorizes the imposition of Stormwater Service Assessments against real property specially benefited  by the City's Stormwater Management Services from the City.  2. The imposition of a Stormwater Service Assessment is an equitable and efficient method of allocating and apportioning the cost of the City's Stormwater Management Service among parcels of property that are specially benefited thereby and that demand and receive Stormwater Management Services from the City. Stormwater Resolution, geographically identifying the area within which the City provides Stormwater Management Services and those properties to be specially benefited by the City's Stormwater Management Services (the Stormwater Service Area"), describing the method of assessing the cost of the City's Stormwater  3.  The City Commission adopted Resolution No. R2024-55, the Initial    Management Services (the "Stormwater Service Cost") against the non-Government Property that is Developed Property located within the Stormwater Service Area, preliminarily approving the Stormwater Roll for Stormwater Service Assessments, and directing the provision of the notices required by the Sections 24-112 and 24-113 of the  City Code. 4.  Pursuant to the provisions of the Section 24-115 of the City Code, the City  isr required to confirm or repeal the Initial Stormwater Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and  receiving objections of all interested parties. as provided in Section 24-111 of the City Code.  5. The Stormwater Roll has heretofore been filed with the City Clerk's Office, 6. As required by the terms of Sections 24-112 and 24-113 of the City Code, notice of a public hearing has been published and mailed to each property owner proposed to be charged a Stormwater Charge, notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached  hereto as Appendices A and B respectively.  7. A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by the Section 24-114  of the City Code.  Section 2. AUTHORITY.This resolution is adopted pursuant to the provisions of Chapter 24 oft the City Code, the Initial Stormwater Resolution (Resolution No. R2023- 17), as amended herein, sections 166.021 and 166.041, Florida Statutes, and other  applicable provisions of law.  Section 2. DEFINITIONS. This resolution is the Final Stormwater Resolution for the imposition of Stormwater Service Assessments and Stormwater Fees. All capitalized terms in this resolution shall have the meanings defined in Chapter 24 of the City Code and the Initial Stormwater Resolution, as amended herein.  Section 3. CONFIRMATION OF THE INITIAL STORMWATER RESOLUTION. The Initial Stormwater Assessment Resolution R2024-55, as modified, amended, and  supplemented herein, is hereby confirmed.  Section 4. FINAL APPROVAL OF STORMWATER ROLL. The Stormwater Roll, which is currently on file in the office of the City Clerk and incorporated herein by  reference, is hereby finally approved.  Section 5. STORMWATER CHARGES.  (A) The Tax Parcels of non-Government Property that are Developed Property described in the Stormwater Roll are hereby found to be specially benefited by the City's Stormwater Management Services in the amount of the Stormwater Service  Assessment set forth in the Stormwater Roll.    (B) Itish hereby found and determined that the estimated revenue to be derived from the imposition of Stormwater Assessments at the rate of $8.10 per ESU per month (or $97.20 per ESU per year) does not exceed the budgeted Stormwater Service Cost. Stormwater Assessments in the amounts set forth in the Stormwater Roll (based upon the rate of $8.10 per month per ESU), are hereby levied and imposed on all Tax Parcels described in the Stormwater Roll. Such Stormwater Assessments shall constitute a lien upon the Tax Parcels sO assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien for Stormwater Assessments shall be deemed perfected upon adoption by the City Commission of this Annual Stormwater Resolution. Upon perfection, the lien for Stormwater Service Assessments collected under the Uniform Assessment Collection Act shall attach to the property included on the roll as of the prior  January 1, the lien date for ad valorem taxes.  For the Fiscal Year beginning October 1, 2024, the Stormwater Assessed Costs Section 6. COLLECTION OF STORMWATER ASSESSMENTS. The Stormwater Service Assessments shall be collected pursuant to the Uniform Assessment Collection Act, as provided in Section 21-132 oft the City Code. The City Manager or his designee is hereby authorized and directed to certify and deliver or cause the certification and delivery of the Stormwater Roll for the Stormwater Service Assessments to the Tax Collector by September 15, 2024, in the manner prescribed by section 197.3632, Florida Statutes. The Stormwater Roll for the Stormwater Service Assessments, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as  to be assessed is $239,468.46.  Appendix C.  Section7 7.. EFFECT OF ADOPTION OF RESOLUTION. The adoption oft this Annual Stormwater Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the apportionment methodology, the rate of assessment, the final adoption of the Stormwater Roll), unless proper steps shall be  initiated in a court of competent jurisdiction to secure relief.  Section 8. SEVERABILITY. The provisions of this Annual Stormwater Resolution are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this  Annual Stormwater Resolution shall not be affected thereby.  Section 9. EFFECTIVE DATE. This resolution shall take effect immediately PASSED and APPROVED on first reading in regular session of the City Commission of the City of Fort Meade, Florida, this 13th day of August 2024.  upon its adoption.    CITY OF FORT MEADE, FLORIDA  Petrina McCutchen, Mayor  ATTEST:  Melissa Cannon, Deputy City Clerk APPROVED AS TO FORM AND  LEGALITY:  City Attorney, PLLC  Austin Paimes Norris Weeks Powell,  Requested by Administration Vice-Mayor Samuel Berrien Commissioner James Watts Commissioner Jaret Williams Commissioner James Possum Schaill Mayor Petrina McCutchen  Voted    APPENDIX A PROOF OF PUBLICATION  To be published July 24, 2024  253108  25309  253110  253111  253117 253120  253116 253121  253115 253/22  253114 253123  253129 HWY630 253132 9 253205  253128  253127  253126 BROADWAYSTE WY 98  253133  255134  253135  253204  2532p3  203202  NOTICE OF HEARING TO IMPOSE AND  PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS Notice is hereby given that the City Commission of the City of Fort Meade, Florida, will conduct a public hearing to consider imposing Stormwater Service Assessments in the area receiving Stormwater Management Services from the City, as shown above. The Public Hearing will be held on August 13, 2024, at 6:00 p.m. or as In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk at (863) 285-1100 at least 72 hours prior to the date of the hearing. If hearing  soon thereafter as possible.    impaired, telephone the Florida Relay Service Numbers, 850-435-1666 (TDD) or 850- 435-1603 (Voice), for assistance. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission. All written objections to the non-ad valorem assessments and fees must be filed with the City Commission of Fort Meade within twenty (20) days of this notice. Please include your name, parcel number, and the reason you object to the assessment on all written objections. Address all written objections as follows: Director of Stormwater Department; Objections to Non-Ad Valorem Assessment; 8 W. Broadway Street, Fort Meade, Florida 33841. Any person wishing to appeal any decision of the City Commission with respect to any matter considered will need a record of the proceedings and may wish to ensure that a  verbatim record of the proceedings is made.  The Stormwater Service Assessments have been proposed to fund the City's cost to provide Stormwater Management Services in the area shown above. The Stormwater Service Assessments are based upon the estimated amount of stormwater runoff generated by impervious surfaces on the property. Impervious surfaces include the roof top, patios, driveways, parking lots and similar areas. The city has determined that the median single-family residence in the city includes 2,750 square feet of impervious surface, which is defined as the "equivalent stormwater unit value" or' ESU Value."The annual Stormwater Service Assessment rate for the upcoming Fiscal Year  will be $97.20 for each ESU.  The Stormwater Service Assessments will be collected by the Polk County Tax Collector and failure to pay the Stormwater Service Assessment will cause a tax certificate to be issued against the assessed property which may result in a loss of title  toy your property.  Ify you have any questions, please contact the Director of the Stormwater  Department at 863-285-1100. THE CITY OF FORT MEADE Publish date July 24, 2024    APPENDIX B AFFIDAVIT OF MAILING  BEFORE ME, the undersigned authority, personally appeared Edward Walker Dean and Melissa Cannon, who, after being duly sworn, depose and say: 1. Edward Walker Dean is the City Manager and City Clerk for the City of Fort Meade, Florida ("City"), as defined in Chapter 24 of the City of Fort Meade Code, pursuant to the authority and direction received from the City Commission, timely directed the preparation of the Stormwater Roll and the preparation, mailing, and publication of notices in accordance with the Sections 24-112 and 24-113 of the City of Fort Meade Code and in conformance with the Initial Stormwater Resolution adopted by the City Commission on July 25, 2024 (the "Initial Stormwater 2. Melissa Cannon is the Deputy City Clerk. She has caused the notices required by Section 24-113 of the City of Fort Meade Code to be prepared in conformance with the Annual Stormwater Resolution. She has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment or fee; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment or fee; the number of such units contained within each parcel; the total revenue the City expects to collect by the Stormwater Charges; a statement that failure to pay the Stormwater Service Assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. above-referenced notices by US Mail in accordance with Chapter 24 of the City of Fort Meade Code and the Initial Stormwater Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment taxi roll database maintained by the Polk County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed or caused to be mailed by Melissa Cannon on or before July 25,  Resolution").  3.  On or before July 25, 2024, she delivered and directed the mailing of the  2024.  FURTHER AFFIANTS SAYETH NOT.  Mr. Edward Walker Dean  Ms. Melissa Cannon    STATE OF FLORIDA COUNTY OF POLK  The foregoing affidavit of mailing was sworn to and subscribed before me this 13th day of August 2024, by Edward Walker Dean and Melissa Cannon personally known to me and has produced as identification and did take an oath.  Printed Name: Notary Public, State of Florida AtL Large My Commission Expires: Commission No.    APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL  IHEREBY CERTIFY that, I am the Mayor of the City Commission of the City of Fort Meade, Florida (the "City"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for stormwater management services (the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. F FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Polk County Tax Collector by September 15, 2024. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Polk County Tax Collector and made part of the above-descried Non-Ad Valorem Assessment Roll this 13th day of August 2024.  CITY OF FORT MEADE, FLORIDA  By.  Petrina McCutchen Mayor, City Commission  [to be delivered to Tax Collector prior to September 15]        CITY OF FORT MEADE, FLORIDA FOR MEETING OF AUGUST 13, 2024  a  STAFF REPORT AGENDA ITEM K-02  SUBJECT: Assessment Roll. BACKGROUND:  Consider Final Fire Protection Assessment Resolution No. R2024-63 - Approving the Final Fire  The City adopted Ordinance 09-09 establishing the Fire Protection non-ad valorem special assessment in 2009. The City adopted Resolution R17-08 imposing non-ad valorem assessments toi fund the costs of planning, permitting, construction, operation, maintenance, and administration of, and land acquisition for, Fort Meade's fire protection service system which will continue from year to year until otherwise determined by the City Commission. There is an increase of 72.81% from last year for the Fire Protection Assessment. On. July 9, 2024, the commission, by a unanimous vote of5-0, voted to approve Resolution  R2024-56 the Initial Fire Protection Assessment.  FISCALI IMPACT:  Anticipated funds to the Fire Fund of$703,277.22 for FY 2024-2025  RECOMMENDATION:  Approve Resolution R2024-63 Final Fire Protection Assessment.  MOTION: Move to Approve Resolution R2024-63 Final Fire Protection Assessment.        CITY OF FORT MEADE, FLORIDA RESOLUTION NO. R2024-63  ARESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT MEADE, FLORIDA; IMPOSING FIRE-RESCUE SERVICE ASSESSMENTS AGAINST CERTAIN REAL PROPERIYWITHIN THE CITY OF FORTMEADEFORTHE FISCAL YEAR BEGINNING OCTOBER 1, 2024; APPROVING THE FIRE-RESCUE ASSESSMENT ROLL FOR FIRE-RESCUE SERVICE; CONFIRMING THE INITIAL FIRE PROTECTION ASSESSMENT RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING AN  EFFECTIVE DATE.  WHEREAS, the City Commission of the City of Fort Meade is authorized toi impose and re-impose Fire Protection Assessments for fire protection services, facilities, and  programs against Assessed Property located within the City; and  WHEREAS, the imposition of a Fire Protection Assessment for fire protection services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning the Fire Protection Assessed Cost among parcels of  Assessed Property; and  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE  CITY OF FORT MEADE, FLORIDA, AS FOLLOWS:  Section 1. Findings, Intent and Need; Legislative Determination of Special Benefit. In adopting this Final Fire Protection Assessment Resolution pursuant to Section 10.5-5 oft the Code of Ordinances of the City of Fort Meade (the "Code"), the City Commission of the City of Fort Meade hereby makes the following findings, intent, and need that (a) describe the Fire-Rescue service proposed for funding from the proceeds of the Fire Protection assessments; (b) estimate the Fire-Rescue service cost; (c) describe with particularity the proposed method of apportioning the Fire-Rescue service cost among the parcels of property located within the Fire-Rescue service area, as  1    applicable, such that the owner of any parcel of property can objectively determine the amount of the Fire-Rescue assessments, based upon its value, use or physical characteristics; and (d) include specific legislative findings that recognize the equity provided by the apportionment methodology and specific legislative findings that  recognize the special benefit provided by the Fire-Rescue service:  1. The City of Fort Meade adopted Ordinance No. 09-09 establishing the fire protection non-ad valorem special assessment pursuant to its home rule powers and related to the delivery of fire-rescue services, which authorizes the imposition of Fire Protection Assessments against real property specially benefitted by the City's Fire-  Rescue Services.  2. The imposition of a Fire Protection Assessment is an equitable and efficient method of allocating and apportioning the cost of the City's Fire-Rescue Service among parcels of property that are: specially benefited thereby and that demand and receive Fire-  Rescue Services from the City.  3. The City Commission adopted Resolution No. R24-56, the Initial Fire Protection Resolution, geographically identifying the area within which the City provides Fire-Rescue Services and those properties to be specially benefited by the City's Fire- Rescue Services, describing the method of assessing the cost of the City's Fire-Rescue Services (the " Cost") against all non-Government Property that is Developed Property within the Fire-Rescue Service Area, directing the preparation of the tentative Fire Protection Assessment Roll for Fire Protection Assessments, and directing the provision  of the notices required by state law and the City Code.  4.  Pursuant to the provisions of the City Code, the City is required to confirm  orr repeal the Initial Fire Protection Assessment Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and receiving objections of  all interested parties.  5. The Fire-Rescue Assessment Roll has heretofore been filed with the City For the Fiscal Year beginning October 1, 2024, the Fire Protection Services Assessed Costs to be assessed is $703,277.22. The Fire Protection Services Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Protection Services Assessed Cost for the Fiscal Year beginning October 1, 2024, are hereby  Clerk's Office, as provided in Chapter 10.5 of the City Code.  established as follows:  Residential Property Use Categories Non-Residential Property Use Categories  Rate Per Dwelling Unit Rate Per Square Foot  Single-Family -Multi-Family-  $268.00 $202.00    Commercial IndustralWarehouse -Institutional  $0.12 $0.02 $0.16  6. As required by the City Code, notice of a public hearing has been published and mailed to each property owner proposed tol be charged a Fire Protection. Assessment, notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively.  7. A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by state law and Chapter  10.5 of the City Code.  Section 2. Authority. This resolution is adopted pursuant to the provisions of Chapter 10.5 of the City Code, the Initial Fire Protection Assessment Resolution (Resolution No. R24-56), as amended herein, sections 166.021 and 166.041, Florida  Statutes, and other applicable provisions of law.  Section 3. Definitions. This resolution is the Final Fire Protection Assessment Resolution for the imposition of Fire-Rescue Service Assessments. All capitalized terms in this resolution shall have the meanings defined in Chapter 10.5 of the City Code and  the Initial Fire Protection Assessment Resolution, as amended herein.  Section 4. Confirmation of Initial Fire Protection Assessment Resolution. The Initial Fire Protection Assessment Resolution R24-56, as modified, amended, and  supplemented herein, is hereby confirmed.  Section 5. Approval of Assessment Roll. The Fire-Rescue Assessment Roll, which is currently on file in the office of the City Clerk and incorporated herein by  reference, is hereby approved.  Section 6. Collection of Fire-Rescue Service Assessments. The Fire-Rescue Service Assessments shall be collected pursuant to the Uniform Assessment Collection Act, as provided in Section 10.5-12 of the City Code. The City Manager or his designee is hereby authorized and directed to certify and deliver or cause the certification and  3    delivery of the Assessment Roll for the Fire-Rescue Service Assessments to the Tax Collector by September 15, 2024, in the manner prescribed by S 197.3632, Florida Statutes. The Assessment Roll for the Fire-Rescue Service Assessments, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C.  Section 7. Effect of Adoption of Resolution. The adoption of this Final Fire Protection Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of the Assessment Roll), unless proper steps shall be initiated  in a court of competent jurisdiction to secure relief.  Section 8. Severability. The provisions of this Final Fire Protection Assessment Resolution are severable; and if any section, subsection, sentence, clause, or provision is! held invalid by any court of competent jurisdiction, the remaining provisions of this Final  Fire Protection Assessment Resolution shall not be affected thereby.  Section 9. Effective Date. This resolution shall take effect immediately upon its  adoption.  PASSED and APPROVED on first reading in regular session of the City  Commission of the City of Fort Meade, Florida, this 13th day of August 2024.    CITY OF FORT MEADE, FLORIDA  Petrina McCutchen, Mayor  ATTEST:  APPROVED:  Melissa Cannon, Deputy City Clerk  Edward Walker Dean, City Manager  APPROVED AS TO FORM AND  LEGALITY:  City Attorney, PLLC  Austin Paimes Norris Weeks Powell,  Requested by Administration Vice-Mayor Samuel Berrien Commissioner James Watts Commissioner Jaret Williams Commissioner James Possum Schaill Mayor Petrina McCutchen  Voted  5    APPENDIX A PROOF OF PUBLICATION Newspaper Advertisement  To Be Published by July 25, 2024  253108  253)09  253110  253111  253117 253120  253116 253121  253115 253422  253114 253123  253129 HWY630 253132 - 253205  253128  256127  253126  BROADWAYSTE HWY 985  253133  255134  253135  253204  2532p3  203202  NOTICE OF HEARING TO IMPOSE AND  PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS Notice is hereby given that the City Commission of the City of Fort Meade, Florida, will conduct a public hearing to consider imposing Fire Protection Service Assessments in the area receiving Fire-Rescue Management Services from the City, as shown above. The Public Hearing will be held on August 13, 2024, at 6:00 p.m. oras Ina accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City  soon thereafter as possible.    Clerk at (863)285-1100 at least 72 hours prior to the date of the hearing. If hearing impaired, telephone the Florida Relay Service Numbers, 850-435-1666 (TDD) or 850- 435-1603 (Voice), for assistance. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission. All written objections to the non-ad valorem assessments and fees must be filed with the City Commission of Fort Meade within twenty (20) days of this notice. Please include your name, parcel number, and the reason you object to the assessment on all written objections. Address all written objections as follows: City Manager; Objections to Non-ad. Valorem Assessment, 8 W. Broadway Street, Fort Meade, Florida 33841.A Any person wishing to appeal any decision of the City Commission with respect to any matter considered will need a record of the proceedings and may wish to ensure that a verbatim record of the  proceedings is made.  Thel Fire Protection Assessments have been proposed to fund the City's cost to provide Fire-Rescue Protection Services in the area shown above. The Fire Protection Assessments are based upon the estimated number of fire-rescue services provided by the city to each parcel. The City has determined that the services constitute special benefit to improved and unimproved real property based upon the following legislative determination that fire-rescue services are logically related to the ownership, use and  enjoyment of real property. The proposed assessments are: FY2024-25 Fire Services Assessment Rates  Residential Property Use Category Single Family Residential Multi-Family Residential Non-Residential Property Use Categories Commercial Industra/Warehouse Institutional  Rate Per Dwelling Unit Rate Per Square Foot  $268.00 $202.00 $0.12 $0.02 $0.16  The Fire-Rescue Service Assessments will be collected by the Polk County Tax Collector and failure to pay the Fire Protection Assessment will cause a tax certificate to be issued against the assessed property which may result in a loss of title to your  property.  Ify you have any questions, please contact the Director of the Fire-Rescue  Department at 863-285-1100.  THE CITY OF FORT MEADE Dated this 24th day of July 2024.  7    APPENDIX B AFFIDAVIT OF MAILING  BEFORE ME, the undersigned authority, personally appeared Edward Walker 1. Edward Walker Dean is the City Manager and City Clerk for the City of Fort Meade, Florida ("City"), as defined in Chapter 10.5 of the City of Fort Meade Code, pursuant to the authority and direction received from the City Council, timely directed the preparation of the Fire Protection Assessment Roll and the preparation, mailing, and publication of notices in accordance with the City of Fort Meade Code and in conformance with the Initial Fire Protection Assessment Resolution R24-56 adopted by the City Commission on July 9, 2024 (the "Initial Fire Protection  Dean and Melissa Cannon, who, after being duly sworn, depose and say:  Assessment Resolution").  2.  Melissa Cannon is the Deputy City Clerk. She has caused the notices  required by the City of Fort Meade Code to be prepared in conformance with the Initial Fire Protection Assessment Resolution. She has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; a statement that failure to pay the Fire-Rescue Service Assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have ar right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing.  3.  On or before July 25, 2024, she delivered and directed the mailing of the  above-referenced notices by US Mail in accordance with Chapter 10.5 of the City of Fort Meade Code and the Initial Fire Protection Assessment Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Polk County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed or caused to be mailed by Melissa  Cannon on or before July 25, 2024.  FURTHER AFFIANTS SAYETH NOT.  Mr. Edward Walker Dean Ms. Melissa Cannon  8    STATE OF FLORIDA COUNTY OF POLK  The foregoing affidavit of mailing was sworn to and subscribed before me this 13th day of August 2024, by Edward Walker Dean and Melissa Cannon personally known to me and  has produced as identification and did take an oath.  Printed Name: Notary Public, State of Florida AtLarge My Commission Expires: Commission No.  9    APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL  HEREBY CERTIFY that, I am the Mayor of the City Commission of the City of Fort Meade, Florida (the "City"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for fire-rescue services (the "Non-Ad Valorem Assessment Roll") for the City is properly assessed sO far as Ihave been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property  listed therein have been made pursuant to law.  F FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Polk County Tax Collector by September 15, 2024. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Polk County Tax Collector and made part of the above-described Non-Ad Valorem Assessment Roll this 13th day of August 2024.  CITY OF FORT MEADE, FLORIDA  By.  Petrina McCutchen Mayor, City Commission  [to be delivered to Tax Collector prior to September 15]  10    CITY OF FORT MEADE, FLORIDA  Ea  STAFF REPORT AGENDA ITEM M-01  FOR COMMISSION MEETING OF AUGUST 13, 2024  SUBJECT Development PURPOSE  Resolution R2024-65Proposal to Form a Partnership with Retail Strategies for Economic  The purpose of this agenda item is to propose a strategic partnership between the City of Fort Meade and Retail Strategies. This partnership aims to revitalize our local economy, attract new  businesses, and enhance the quality oflife for our residents.  BACKGROUND  Fort Meade has ai rich history and a strong sense of community. However, like many small towns, we face challenges in attracting and retaining businesses. To address these challenges, we have developed a strategic economic plan with the help of various grants and community input. Partnering with Retail Strategies will help us implement this plan effectively.  ABOUT RETAIL STRATEGIES  Retail Strategies is a national retail consulting firm that specializes in economic development and revitalization. They have aj proven track record ofhelping cities like ours attract new businesses, increase retail sales, and create jobs. Their services include market analysis, retail recruitment,  and strategic planning. Benefits to Fort Meade  Economic Growth: Retail Strategies will help us identify and attract new businesses Job Creation: New businesses will create job opportunities for our residents,  that align with our community s needs and preferences. reducing unemployment and boosting the local economy. be reinvested in community projects and services. dining, and entertainment options for our residents.  Increased Tax Revenue: More businesses mean higher sales tax revenue, which can Enhanced Quality ofLife: A vibrant retail sector will provide more shopping,  Success Stories  Retail Strategies has successfully partnered with several cities in our region, including:    Winter Haven, FL: Retail Strategies helped Winter Haven attract several new retailers, including popular brands like Starbucks and Chick-fil-A. Bartow, FL: Through their partnership, Bartow saw an increase in retail sales and a  revitalized downtown area. Chick-fil-A.  Additionally, surrounding cities have benefited from the momentum generated by Retail Strategies' efforts in neighboring areas. By piggybacking" offt the success ofnearby cities, these communities have been able to attract similar businesses and enjoy shared economic growth.  PROJECT DETAILS This partnership aims to:  1. Revitalize the Local Economy: By attracting new businesses and investments, we can stimulate economic growth and create job opportunities for our residents. 2. Enhance Quality ofLife: A thriving retail sector will provide more shopping, dining, and entertainment options, improving the overall quality oflife in Fort Meade. 3. Increase Tax Revenue: New businesses will contribute to higher sales and property tax revenues, which can be reinvested in community projects and services. 4. Leverage Regional Success: By collaborating with Retail Strategies, we can benefit from their proven track record and the success they have achieved in neighboring cities like  Winter Haven and Bartow.  FUNDING Options  1. Grants and Government Programs:  Look for federal, state, or local grants aimed at economic development and revitalization. These grants can provide significant funding without the need for  repayment.  2. Public-Private Partnerships:  Collaborate with local businesses and investors who may benefit from the increased economic activity. These partnerships can provide funding and share  the financial burden.  3. Business Improvement Districts (BID):  Establish a BID where local businesses agree to pay an additional tax or fee to fund improvements and services within the district. This can create a sustainable  funding source for ongoing development efforts.  Demonstrating ROI 1. Increased Tax Revenue:    New businesses will generate additional sales tax and property tax revenue. This increased revenue can be used to repay any loans or reinvest in further  development projects.  2. Job Creation:  Highlight the potential for job creation, which will reduce unemployment and increase local spending. More employed residents mean more money circulating  within the local economy.  3. Attracting Additional Investment:  Success in attracting new businesses can lead to further investments from other companies looking to capitalize on the growing market. This can create a positive  feedback loop ofe economic growth.  4. Enhanced Property Values:  Revitalization efforts can increase property values, leading tol higher property tax  revenues. This can help offset the initial investment over time.  5. Case Studies:  Examples from other cities that have partnered with Retail Strategies. For instance, Winter Haven and Bartow have seen significant economic growth and increased retail sales, which have helped fund their ongoing development  efforts34.  CONCLUSION  Forming a partnership with Retail Strategies is a strategic move that will bring long-term benefits to Fort Meade. It aligns with our economic development goals and will help us create a thriving,  resilient community. RECOMMENDATION  Itis recommended that the City Commission approve the proposal to form a partnership with Retail Strategies and authorize the City Manager to negotiate and execute the necessary  agreements. ATTACHMENTS        retail strategies  Portfolio of  Florida Success  13 Current Retail Recruitment Partnerships 20 Retail + Downtown Partnerships Exclusive partner of Duke Energy Connections with retailers, brokers, and developers throughout the state  Retail  Recruited to Florida  gicsi five BELW Wawa  BORBY HARBOR TOOLS tropical CAFE GreatCips  magbss BOBBY  Experience in Florida  PETSMART FREIGHT  LDI  GCHIPOTLE Panera Arbys . 2055  AD  FREDA  DUKE ENERGY.  DUNKIN" OISCOUNY UIRE)  Florida Footprint  sum CHICKENS  Current Retail Community Partner Current Downtown Community  SMOOTHIE pangeus SporiClips  KiNG  Partner  TUHLVA WB  50+ Businesses Recruited  $126M New Annual Retail Sales in Client Communities  897 Jobs Created! (Estimated)    retail strategies  Portfolioc of  Florida Success  Current client roster Alachua Clewiston Dade City Davenport Dixie County Haines City Hendry County Highlands County Lake Wales Lauderdale Lakes Madison County Newberry Okeechobee Panama City Putnam County Suwannee County Tamarac  "lwould highly recommend Retail Strategies. They have been a great partner to the Hendry County Economic Development Council in our recruitment efforts to bring more retail opportunities to the County. Their experience, knowledge, and relationships throughout the retail community combined with their friendly approach has made them a valued partner in our community's growth  efforts. I  Kietha Daniels, Executive Director,  Hendry County Economic Development Council  "We want to tell the retail and business community that Dade City is 'Open for Business. Investing in a partnership with Retail Strategies for our national retail strategy and our downtown is the first step. Retail Strategies has a proven track record of bolstering economic and community development in cities nationwide, and we are thrilled for them to get started in Dade City."  "Partners with a far reach and diverse knowledge base, like Retail Strategies, are integral parts of economic development, especially in rural communities like ours. Retail Strategies' tailored approach, combined with their knowledge, continues to provide our community with invaluable resources to grow and Sarah Beth Rogers, Executive Manager of Business and Economic Development,  thrive."  Scott Black, City Commissioner,  Dade City  Highlands County, Florida    retail strategies  CITYOF  FORTM BADEFL  CITYBALL  Retail Recruitment  Proposal  Sarah Beth Stewart Vicel President of Business Development  Prepared for Fort Meade, Florida  June 2024    retail strategies  Opportunity in  Fort Meade  FORT MEADE  Preliminary Analysis  In a preliminary analysis Retail Strategies has identified a trade area of 15,000+ consumers with a 1% growth rate over the next 5 years. In addition to studying the market size, we ran two analysis that show the demand for new business in the community. These analysis showed $201 million dollars being spent on goods and services outside of the community, and 15+ businesses who have located in similar communities but have yet to land in Fort Ifgiven the privilege of being your retail partner, your dedicated team will identify national and regional retailers, develop an extensive asset-based recruitment plan, proactively recruit desirable retail and restaurant concepts, and report back on Retail Strategies has the time, experience, and connections to attract the right  Mieade.  progress. retail.    retails strategies  Retail Recruitment  Our Process  surdedlicated team will act ssans edansionly your a a aand  Scute a talloreci etall resrutsnist's  Data Analysis  the Arst step Isto understandi who your consumarsare, ro:just 1 : consiiluens. - sising mopile cata, we canuncover where people are coming wonand winat is theirbuying poye:  Reall Estate Analysis  Eves riaahysrEs: wwall be catelogued DM your dean at7 Ralail Strategles; snopping cena3nas:ling to be oackilleci, ppen. lanc reac) avapmen, or underitlled "eteli 5DE02  E 1259E5535580 bya icansad reai estaie proressiona.  Retail Recruitment Plan  Basa: oyourdai, resi esate asses, communis Inpatenc a:i anss, 38233293 Relai. Racruitment Pan withs spaersauanh, sroces oe .2V9 E.6. ana.zinant 235  nosplaiytarges.  National Recruitment and Representation  i iswhare eruooer measine Dac. Fortisaien ecerver de: :: :ean  :: e7enhalelal Recruliment agrs9Es h el 23.20xe3, 2.03  - e's,9nant 2233  5. 03,33.58:7 :E 23g7a.  We want to tell the retail and business community that Dade City is 'Open for Business'. Investing in a partnership with Retail Strategies for both our national retail strategy and to focus on taking our downtown is just the first step. Retail Strategies has a proven track record of bolstering economic and community development in cities nationwide.  Scott Black, City Commissioners, Dade City, Florida    DISCOVER  Discover: Research  Sitewisen à @ O 0 0  Projecs  3cas begins with arke:s : E V5i3 As EKB necsep  a 0 data, acvensadenayis, a. es - communiy arintaviewving  0:3 225  oze esear  Ratail Strategies chosa ST Popstals Svnargos scnnol pgies) 25 D:: ) AnE - data source. Lis IRE spucs consistansy e.vers : E.oWs o. tean to enayze and ce.MverDver 3,355 inc icuai va iables pe: eng22ry/p.9"29 deapest, os: raliabie, information possible to CLT  hes: eva. pacc.recy  Clients.  Trade. Area Identification 3, izing moblledeta co. ection, Gaaandaneytis, an: ea. esate acumen, DL: aawicansy shopaing paierns wiinyour munymnawi.: anser ie asonsbrreziens  Business Recruitment Categories Aherreviewing! kev pgapnicin: wi. de.vera isto.-ses. pusinesses, EC ppporuniss orvor o. n 09'3n.215.5783385 i 24279-33-13*  Mobile Data Collection  ncsiyleadins repp: Lalizasce pronena icandyine oeanc work : 0:3075-12578: 18.8.37009.31 aea e comuns  hese  sychographicAnalysis 87993  nane: : - cos.es 99574433 02 3-2r29337325. 5-7349341.85 : sunalsess.  GAP Analysis  Consumer Expenditures 5-838.72 08313 WIE./0. 3- 235085 23..25 E  xemiinge 72"18:3.20 a e.22215 etacarez : Dv3e masoiasoia. Dehg cesiret  :  moa207e    DISCOVER  Discover: Real Estate Analysis & communication  Rer. Estete is the keyto every business  E 57198Xp3ance anc ve BEVE, Esess-nenolyour comin  Ourtes 98:r930/3 S0ysasi  2:3 2  :3.3 os.329437 an:  ccomolish bhis. wE Sring oun ean afrete es  2:  a ouR stetegicans deriize resi s:4e E558:5. 5 we  002  CR- purtsamwill: Escercain ouSon soroware program.  e pest  elniormation we gaherlsimmadaa) Du: 0 "o h  Sg 0.es - e D.oper  Dur-25, developers, andi brokers who represents srese properties : ean their goEis o:the prpery and how Retail Stralegies can assist them on bena.ofthe communit leasers.  retail shratagies  10, n  Communication: The Key to Our Partnerships  - orocess we . scesu. 922.5, sesire: 215.193325. DEs:  : s1an asensE  229159 Rei Suetag es  a. 3 oc255  a,  a 0  *. a:o    DISCOVER  Discover: Recruitment Strategy and Marketing  Retail Recruitment Strategy  Aheandolour Discovery process- -W3 Dn218/9-222 Es,rea. estate, and 9.7.515797 o.Ret comamuniy, cemographici infommation, retail anaysisano Bootsor the Giound real es'ate analysis. Idendlled are the top prospects where our tea oi expertsii periomm outreach to match your reai estate and market Retail Strategies will present the Plan forapprovai elore mpementation. Asyour partner, your ouy-in is vita. : our Once approvec,) yourdedicales ceam will kicki into nighgesro connectwish the retai., restaurant, hospitai y ancieal es'ai2 communityto move the neecie on ousiness recrulrent  ameniPanens Strategy, his724 pags docu  opportunities.  eortsand oursuccess.  Miarketing Guide  'ouwil receive a customizas Merketing Suide hatso cases : CE E9..3.22133. aEE. rea. e3tate niomation ancatvance: E2 icstoi ustae e 102 25s11-sy 0Des51a5 at  poson y24 o:econo S.risdloclar team . akes  JA.  asa es CE. e - :: E1/9232:8:. 3V2.23573  ese ers 2  0ES3 :  25     CONNECT  Connect: Retail Recruitment This is where we ke the information ye have collecied yours iormat, nibaghsowsaing ppporuniies  you Ssagissisthlvs do 0.,5. nans fancy saagets 530 CR   package int9E29/32'33  De7  a  w: Petei :  Forica anagenansam ia conduct every piace pfouezch o n910pr0D/33 :c:  pehal.  Dedicated Team  Fon: Meade wile receive a Cediceted tean o  a esate prolessionas  25 the extension piie  sta to ake o the hezvy Surdenoiconnscting wwith me real community. Retail Sragiesnananst 5- client to staffretioto best serve our client communiies and Cake on: a simitesi mmprs3mmunes The Siorida Portfolio is one of our: most experienced tearns; this group of retail real estate professionals  pe: stale each year.  hay e over 35, years ofexperience withipcalbroke:s, develooers andi lenantreps.  Alex Edwards Portfolio Director  Drew Kaufmann Retail Development Manager  Clay Craft Vice President, Client Services  Sarah Beth Stewart Vice President,  Haley Dempsey Communications  Business Development Coordinator  Conference Representation  Erc 2E. or2r2108s Prarsio.  essa  nacozeires reE e5:  ng CsoDands CSClagesars Relaluei  49391921335 A3  cO.10 nes:n 3 vns geies .E5. 2s.a.E75, 20.83,31: Esv9Dpers 01 221E. Sox : 22:7 caarence, ' - acehe Recap Repontion :  * :  2:1 SSEC EC E. na51e03.9    retail strategies  Scope of Services  Data & Analytics Reai Estate Analysis Community Input Retail Strategy Rslail Real Estete Anaysis penommes 2y Licensed Ra:ai, Res Estale Pro'assiona.s cientibyand Evaluale priority commercia. 22-5/5A273 A3XETE dentification oi prioriy ousiness cavegories o ar.tmantzmc/: ocE. expansion  and pes: use ooporuniies  arge: stoiRstaliers andi Ressaurants Custornized Marketing Guide (ourpages) area boundary geographies Concluct retail peer market analysis  dentiy market retail ade area using po.uica. bouncaries, cirive cimes and ecliland csomrace  Perfor market and retail GAP analysis for trade arez (.e. leakage and surplus)  Leverage mobility data to understand retall marke: periomance actade arez icentiicasion Anayza the communi'sgrowh potentia. shrough peer ana ysis and 3AP anaiys's Tapesiry Wfesty's 9s = psyphogrephic proille oi ade aree/rarke: sagmariaionersyss  Consumer Spending Paltern Reports Merke: Dutlook Reports Aerial imagery oitrade area(s) Providle upcietes on retail Incusty rencs Ousipmon-damant demograpnic esear: RIBREAIP8EBER8 by ac. 3/  ay 2n0 poeces enpgrepniss :  : raceEes  Recruitment Representation Outreach Connectivity  Prp-ace:aal 90..721.10191.8 comun  Mconlects inno'32bvet 2225.353.5, 29932132 1#P2#1#821E pdelaso1new activiyw be provides Casiasg E3N3MET Quantery Businsss.l9-l2ws  sesontwce: 2125-291 0233022429 FIaVSES  SesecE.o, telephone, premal ans."ea:alas sonlranceshetls  CSCand Reta. M9coraance 23252712297 -0Ees 94.9:   :18981    retail strategies  Acommitment: to retail will pay you back for years beyond the initial investment. Investment  We appreciate the opportunity to partner with Fort Meade CRA to revitalize and redevelop the Our services will help reduce your $840 million in annual retail leakage, pay a return by adding jobs, increasing property taxes, and new businesses that enhance your community  Mall and surrounding area!  Retail Recruitment Year1 Year2 Year 3  Fees $40,000 $40,000 $40,000  Rasai. Strategies' g eeme.s Ee  sa.ice. The entwi. la : a  - BE e3:.e  c9: 3-35  9E15  Dics  b: 98  pamrasni, asotal e 2:-25:2 302:E 33 Perences e B: : : : : :cs  Dg98a  :der : 225  :  PRICING VALID FOR 60 DAYS FROM December 2023    retail strategies  Amplification  RECAP  Retail recruitment is a marathon, not a sprint. Our partnerships are built to provide the foundational support and relationships to take your  community forward as quickly as possible.  We Multiply and Enhance Your Staff  7  usL  We Make Sure Your Story is Heard  FORT MEADE