AGENDA VALPARAISO, FL 850-729-5402 September 9, 2024 6:00 PM  CITY OF VALPARAISO & VALPARAISO CABLE AUTHORITY JOINT MEETING  Invocation (Commissioner Browning) Pledge of Allegiance (Mayor Smith) APPROVAL OF MINUTES August 12, 2024, Regular Commission Meeting August 26, 2024, Budget Workshop CITIZENS' CONCERNS (non-agenda items)  1. Resident 2. Non-resident  ACTION ITEMS/POTENTIAL ORDINANCES 2. Proclamation Constitution Month-  1. Added Agenda Item  Attach 1 Attach 2 -Attach 3 Attach 4 Attach 5  3. Resolution No. 17-09-09-24 Appoint Board Member-- 4. Ordinance No. 737 Repeal Ord No. 375 - Home Owners Association- 5. Ordinance No. 738 Codifying Chapter 83 waterways-- 6. Resolution No. 18-09-09-24 Approve Engineer Agreement-  OLD BUSINESS 2. Legal Update  1. Update New City Hall Renovation  3. Resolution No. 09-05-13-24 Accepting the Raiders Landing Subdivision--Attach 6  4. Ordinance No. 735 Rezoning R-1A to C-1 431 Edge Final Reading- 5. Ordinance No. 736 Land Use Change R1A to C1 Final Reading---  Attach 7 ---Attach 8  REPORTS /C CORRESPONDENCE LANNOUNCEMENTS  1. TPO/DOT 2. Stormwater  3. Community Liaison Report 4. Regional Sewer Update 5. Planning Commission Update 6. Community Center Update 7. Department Updates 9. Disbursements 10.Etc.  Attach 9  8. Budget Meetings 16 & 23 September at 6PM    Citp of Dalparaiso, JFloriba  Broclamation  CONSTIUTION WEEK  Whetzeas, September 17, 2024, marks the two hundred thirty-seventh anniversary oft the drafting oft the Constitution oft the United States of America by the Constitutional Convention; and Wheteas, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; Whezeas, Public Law 915 guarantees the issuing ofa a proclamation each year by the President of the United States of America designating September 171 through 23 as Constitution Week, Cow, thetefote 2, Hubert B. Smith, by virtue oft the authority vested in me as Mayor in the City ofValparaiso, do hereby proclaim the week of September 171 through 23 as  and  CONSTIYUTION WEEK  and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost  rights may never be regained.  In witness whereofI have hereunto set my hand and caused this seal tol be affixed this gth day of  September 2024.  Hubert B. Smith Mayor    August 2, 2024 Mayor Brent Smith City of Valparaiso 465 Valparaiso Parkway Valparaiso, FL3 32580 Dear Mayor Smith,  Asy you may remember, the week of September 17th-23rd marks the observance of the anniversary of the signing of the U.S. Constitution. The weeklong commemoration of America's most important document is one of our country's least known official observances.  The Valparaiso Library and the Heritage Museum are both having displays to celebrate this special week. We hope the Valparaiso City will also participate in any way they can. Ihave enclosed a sample proclamation though you may prefer to use one ofy your own. Ifyou use one from a former year, please remember to change the dates. This year the nation The Choctawhatchee Bay Chapter of the Daughters of the American Revolution (DAR) asks if you would please issue a proclamation thereby helping to remind all citizens to study the Constitution and express gratitude for the privilege of being an American.  celebrates the document's 237th Anniversary  We're hoping everyone will announce this commemoration on their marquees so that we can  tell as many people as possible.  We appreciate your participation and attention tot this proclamation request. After using the proclamation, please mail it back to me at 4493 Woodbridge Road, Niceville, Florida, 32578 or email itt to RcDAlregentegmal.com. Thank yout for your help promoting our National  Heritage! Sincerely, Daquiri Champion Chapter Regent  Choctawhatchee Bay Chapter, DAR  1    * *  *  Constitution Weeki is the commemoration of America's most important document. Itis The United States Constitution stands as a testament to the tenacity of Americans throughout This celebration of the Constitution was started by the Daughters of the American Revolution. In 1955, DAR petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week. The resolution was later adopted by the U.5. Congress and signedi into public law on August 2, 1956, by President Dwight D. Eisenhower.  celebrated annually during the week of September 17-23. history to maintain their liberties, freedoms and nalienable rights.  The aims of the Constitution Week celebration are to:  Emphasize citizens' responsibilities for protecting and defending the Constitution. Inform peopie that the Constitution is the basis for America's great heritage and the Encourage the study of the historical events which led to the framing of the Constitution Constitution Week is a great time tol learn more: about this important document and celebrate the  foundation for our way of life. ins September 1787.  freedoms it gave us. Bells Across America  Let Freedom Ring! The kick-off event for Constitution Week is the nationwide ringing of bells int the "Bells Across America" event on! Sunday, September 17th, at 3:00 p.m. central. Locally, the Choctawhatchee Bay Chapter will gather for the Okaloosal Board of County Commission Proclamation Ceremony held at the Shalimar County Annex offices on Tuesday September 19th at 3:00 pm during the course of their regularly scheduled meeting. Any member of the public may attend to celebrate as we ring the bell following this ceremony to mark the significance of Constitution Week observance in Put your patriotism on display with a message on your business, school or church signage and by flying your flag during Constitution Week,  Okaloosa County.  Please, mark your calendars andj join us!  September 17-23!  Sponsored by:  DAR Choctawhatchee Bay Chapter, NSDAR Fart Walton Beach, Florida    RESOLUTION NO. 17-09-19-24 A - CITY OF VALPARAISO RESOLUTION APPOINTING A VOLUNTEER TO THE CITY'S PLANNING COMMISSION AND PROVIDING AN EFFECTIVE DATE.  WHEREAS, the Planning Commission has a vacancy; and  WHEREAS, Mr. Tate Cunningham has requested an appointment to said WHEREAS, Mr. Tate Cunningham meets all the qualifications to serve on NOW, THEREFORE, BE IT RESOLVED BY THE VALPARAISO CITY  board; and said board.  COMMISSION THAT:  The following is hereby appointed to serve on the Planning Commission and  his term is hereby established as follows:  1. Planning Commission Member Mr. Tate Cunningham  Term Expires September 30,2029  THIS RESOLUTION SHALL BECOME EFFECTIVE UPON ADOPTION. PASSED AND ADOPTED THIS 9TH DAY OF SEPTEMBER 2024  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    QUESTIONNAIRE FOR CITY COMMISSION APPOINTMENTS applicable where appropriate. Please type or print in black ink.  Thei information from this questionnaire will be used by the Valparaiso City Commission in considering action on your appointment. The questionnaire must be completed inj full. Answer "none" or not  8,21,24 Date Completed Middle/Maiden VALPNRAESO City  1. 2.  Name: CONNTMGHAI Mr./Mrs./Ms. Last  T7TE First Officel! 32580 Zip Code  Residence Address: 273 S.PAYSHORE DR.  Street FL State  POI Box Email Address  tatejackson  3. 4.  Are you: al United States citizen? YesKN. A. High SehoolGRDELL 6H.  Education  Year Graduated 98  Name andi Location  B. List all postsecondary educational institutions attended:  Name &I Location  Dates Attended '98-03  Certificate:Degres Rh  CRAL RoBERTS ONTV.  5. DATE  Have you in the last ten (10); years been arrested, charged, ori indicted for violation of any federal, state, county, or municipal law, regulation, or ordinance? (Exclude traffic violations for whicha  fine or civil penalty of$150 orl less was paid.) If"Yes" give details:  PLACE  NATURE No  DISPOSITION  6.  Concerning your current employer and for all ofyour employment during the last five years, list your employer's name, business address, type of business, occupation orj job title, and period(s) of  employment.    Employer's Name & Address  Type ofBusiness Occupation/Job7 Title  Period ofE Employment,  MIRODLENELL VARTODS Fauvecefa-mwwaen  7.  A. State your experiences andi interests or elements ofy your personal history that qualify you for  this appointment.  LEADENG, MANAG-ENL TEAS FAPL NCKOIPNANS SRATERY BI2 DEV, PLANENE DELCGATENG DEEP DWDERTANDERE OF CONROLTION, BOTLDENG FLoob ZOS,7OAD EXINT.  B. Have you received any degree(s), professional certification(s), or designations related tot the  subject matter of this appointment?  Yes  NoA If"Yes", list:  C. Have you received any awards or recognitions relating to the subject matter oft this  appointment?  Yes_  No  If"Yes", list:  D.I Identify all association memberships and association offices held by you that relate to this  appointment:  N/A  8.  Has probable cause ever been found that you were in violation ofl Part II, chapter 112, F.S., the Code of Ethics for) Public Officers and) Employees and/or Chapter 286, F.S., the Sunshine Law?  Yes  NoA Nature of Violation  If"Yes" give details:  Date  Disposition    9.  Have you ever been refused ai fidelity, surety, performance, or other bond?  Yes  NoK If"Yes" explain:  I0. A. Have you, or businesses of which you have been an owner, officer, or employee or businesses ofv which members ofyour immediate family have been owners, officers, or employees held any contractual or other direct dealings during the last four (4): years with any state or local governmental agency in) Florida, including the office or agency to which youl have been appointed  or are seeking appointment?  Yes Family Members Relationshipto) You  No  If"Yes" explain: Family Members Relationship tol Business toAgency  Busine ess Relationship  Namec ofE Business  11. Listt three people whol have known you well within the past five (5), years. Include a current, complete address and telephone number. Exclude your relatives and members of the Valparaiso  City Commission.  Name  Mailing Address  ZipCode 32578 32578 32578  Area Code/Phone!f 5 6 8  BR, MUCATN) WGOLSEY  Lob GANC HELLMAN MYLE SCHESLER  12. Dos you! know of any reason why: you will not be ablet to attend fully to the du  position to whichy you have been or will be appointed?  Yes  No X If"Yes",explain:  13. Ifrequired by law or administrative rule, will you file financial disclosure statements?  Ye/ No / --  -  8.21:24  Signature ofA Applicant  Date    ORDINANCE NO. 737  AN ORDINANCE OF THE CITY OF VALPARAISO, FLORIDA REPEALING ARTICLE VIII = HOUSING CODE DIVISION I GENERALLY SECTION 98-162 PROVIDING FOR APPLICABILITY;  SEVERABILITY ANDAN: EFFECTIVE DATE.  WHEREAS, the City Commission of Valparaiso, Florida has determined that it is in the best interest of the city and public to repeal Section 98-162 regarding the city taking over certain  responsibilities ofhomeowner's associations that may cease to exist.  NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Valparaiso, Florida that the following section(s) of the city's code of ordinances are hereby  repealed in their entirety. SECTION 1. RECITALS  The foregoing whereas clauses are incorporated herein by reference and made aj part. hereof.  SECTION: 12. AUTHORITYAND INTENT Constitution and Chapter 166, Florida Statutes.  The authority for enactment of this ordinance is contained in Section 2(b), Art. VIII, State  SECTION: 3. REPEAL  The City Commission of Valparaiso, Florida does hereby repeal in its entirety Ordinance No. 375, codified as Section 98-162 Homeowners Associations in the Valparaiso City Code.  SECTION 4: SEVERABILITY  The various parts, sections and clauses of this ordinance are hereby declared to be severable. Ifany part, sentence, paragraph or section or clause is adjudged to be unconstitutional or invalid by any court of competent jurisdiction, the remainder of the ordinance shall not be  affected thereby.  SECTION 5: CONFLICTING ORDINANCES  City Council directs that upon this Ordinance taking effect that Section 98-162 be removed from the city codes. All sections or parts ofs sections ofthe Code ofOrdinances, City ofValparaiso, Florida, or parts of any resolutions in conflict herewith are hereby repealed to the extent of such  conflict.  SECTION 6: EFFECTIVE DATE  This ordinance shall become effective immediately upon passage.    ADOPTED IN SESSION THIS  DAY OF  2024.  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    ORDINANCE 738  AN ORDINANCE OF THE CITY OF VALPARAISO, FLORIDA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF VALPARAISO, BE AMENDED BY CODIFYING CHAPTER 83 WATERWAYS WITH ALL PRESENTLY ADOPTED CODE LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND  PROVIDING AN EFFECTIVE DATE.  WHEREAS, the City of Valparaiso is desirous of codifying Chapter 83 Waterways for NOWTHEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  conciseness and clarity.  CITY OF VALPARAISO, FLORIDA: strikethrough indicating deleted language. Chapter 83- WATERWAYS ARTICIEL-INGENERAL Sec. 83-1.-1 Detinitions.  Section 1: That Chapter 83 be amended as follows with underlining indicating new. language and  The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boathouse means any structure or building constructed on, as aj part of, or immediately adjacent to a pier or boat dock, for the purpose of storing a boat and/or associated supplies. Dock and pier means any structure that is built over the water, which may or may not be connected to the shoreline, for the purpose of fishing, docking boats or other watercraft and/or Permit means an official document or certificate issued by the authority having jurisdiction over the waterway which authorizes performance ofas specified activity certifieationissuedbythe-lvrdaDepetimemtofkamirememalPoketiemans-Ammy-Cerpsef Engmeers-that and certifies that the construction meets both the intent and letter oft this article Regulatory areas are areas on waterways where vessel operation is limited. Restricted areas are areas on waterways where the speed of vessels is limited to "Idle Speed/No Wake". "Vessel Wake" is movement of waves created by the motion of a vessel. It  swimming.  ist the track or path that the vessel leaves behind it.    Substantial renovations. Renovating or reconstructing more than fifty (50) per cent oft the existing structure or structures. amdorcensinuelinganadiwelhecssinsinele.that wouineaetieewisingsnlysanhiy-BPpersen: All percentages will be determined in terms of square footage oft the existing structures and/or proposed construction.  Sec. 83-2.- Operation of boats.  No person shall operate any boat or watercraft, in ai reckless, careless, or dangerous manner sO as to endanger the lives and property ofl himself or others within the waters of Boggy Bayou,  Weekley Bayou, or Tom's Bayou, over which the city has jurisdiction.  Sec. 83-3.- Speed of boats.  No boat or vessel shall be operated upon any waterways in the city at a rate ofs speed which causes waves to damage docks, wharves, seawalls, or boats moored or tied to docks or wharves  along such waterways.  Sec. 83-4.-1 Docking of boats or crafts at city-owned facilities.  Only pleasure boats or crafts are authorized to dock or tie onto city-owned docks, piers, and wharves and commercial boats or crafts of all kinds and descriptions are expressly prohibited from doing sO except in cases of emergency, in which case the docking privilege shall not extend beyond 12 hours. Pleasure boats and crafts shall not dock at such city-owned docks, piers and  wharves for over 24 hours at one time. Sec. 83-5. - Restricted areas.  For purposes of promoting public safety, the chief of police shall establish regulatory areas for boating, skiing and swimming and shall cause to be posted such areas in a manner to allow the maximum use oft the waters with the least danger, and no person shall use such posted waters in a manner contrary to the regulations posted by the city. The following waterways within the city limits of the City of Valparaiso are hereby designated 1) No wake: All of Weekly Bayou within the city limits inside a line between marker 2 and 2) Boat exclusion area. A portion of Boggy Bayou immediately adjacent to the Lincoln Park  regulatory areas:  the nearest shoreline on the south side oft the mouth oft the bayou.  public swimming area. Sec. 83-6. - Regulatory markers.  Regulatory markers shall be posted in accordance with the provisions of all local, federal, or Sec. 83-7.- Swimming restricted at boat launch ramps; boating safety markers.  state laws, rules or regulations applicable thereto.    Swimmers are restricted from the boat maneuvering areas at the boat launch facilities in Florida Park, Lincoln Park and Doolittle (Chamber of Commerce) Park. Signs are mounted on1 the boat launch docks. Safe boating signs may be posted at the same facilities when deemed appropriate  by the commissioner of! parks. Sec. 83-8.- Prohibited activities.  The following regulations and prohibitions shall apply on the bayous and contiguous lands: 1) No person shall construct or add to an existing dock, seawall, bulkhead, mooring, piling, modify an existing submerged land lease, or conditions thereto, or conduct dredge or fill operations in, or contiguous to the bayous without first obtaining the proper authorization from the appropriate federal and state agencies. The city shall review all dock construction notifications received from federal and state agencies, make the appropriate comments and 3) No person who maintains or operates a dock shall allow or permit the disposal of fish carcasses, litter, waste petroleum products or other pollutants into the bayous. On commercial docks, trash disposal receptacles shall be anchored to each dock to ensure 4) No fuel or oil shall be willfully or knowingly discharged in the bayous. No dock which sells fuel or oil shall be constructed, operated or maintained in the bayous unless an oil abatement plan, in accordance with federal and state guidelines, is available at each dock. The city commission shall review and approve or disapprove each oil abatement plan. 5) No commercial dock shall be constructed which permits the docking of boats with onboard toilets unless such dock is equipped with a sewage pump-out. No commercial dock shall be constructed which permits the docking ofal live- aboard unless such vessel has an operable 6) No new or existing dock shall be constructed or modified such that the length of any pier as completed is greater than twenty (20) percent oft the width of the bayou at the place where the pier is located, or out two hundred (200) feet, whichever is less. No piling(s) shall be added to the waterward end ofa any pier which piling(s) would make the total length oft the dock 7) No dock shall be constructed such that it constitutes a hazard to navigation. No dock shall unreasonably interfere with the riparian rights of others. No lot, or multi-contiguous lots, with less than fifty (50) feet of waterfront footage shall be allowed individual docks. Except as otherwise prohibited, docks may be allowed to be shared by adjacent neighbors without sufficient lot width. No dock shall be longer than the width, at the mean high-water line, of 8) No boat or vessel, entering into, exiting or operating within the bayou shall operate at such speed that would create a wake that endangers other boats or vessels, swimmers or other persons or would violate any provision enforceable by the Florida Marine Patrol. 9) No. heated or cooled water may be emitted into the bayous other than from al boat. 10)No discharge of water shall contain phosphorous or any other substance likely to cause a violation oft the water quality standards specified in chapters 17-3 and 17-4, Florida  issuance a permit ift there are: no objections. 2) No debris shall be discharged into the bayous.  compliance with the provisions of this article.  holding tank.  more than two hundred (200) feet.  the lot to which the dock is attached.  Administrative Code.    11)No commercially operated boat docking facilities shall be permitted or operated unless 12)No electrical or water service upon any dock shall be installed unless aj permit is obtained 13)No person, while operating a boat within the bayous, shall allow or permit the disposal of fish carcasses, litter, waste, petroleum products or other pollutants into the bayou from such 14)In the interest ofs safety, health, and welfare, no pier or dock must lose its structural and aesthetic appearance due to age or use. Ifmore than 35 percent oft the materials of which the structure is composed has become broken, torn loose, or otherwise deteriorated structurally, the structure must be repaired in such manner as to ensure it is uniform in 15)AIl commercial activities involving docks, piers and boathouses in: residential areas are expressly prohibited. The commercial activities which are prohibited include, but are: not limited to, the acquisition and sale of seafood products, as well as the docking of commercial fishing vessels at piers located in residential areas, and the renting of space on ad dock or pier for the purpose ofr mooring of any and all types of watercraft. 16)Live-aboards. No persons shall live aboard any boat docked ini the bayou or within 25 feet ofthe shoreline for a period exceeding 48 hours. In cases ofe emergency which may require a longer stay, notification shall be given to the city police department as soon as possible after the immediate emergency situation ceases. Proofthat each live-aboard boat has an  equipped with firefighting facilities as specified by the city.  from the city for that service.  boats.  appearance and is structurally sound.  operable holding tank must be furnished at time ofnotification.  Secs. 83-9--83-20. - Reserved.  ARTICLE. II.- WATERWAYS CONSTRUCTION  Sec. 83-21.- Permitting procedures.  The following procedures shall be adhered tol by persons desiring to construct a new dock, marina, pier, boathouse, bulkhead or conduct dredge and fill operations: 1) The applicant shall submit copies of applications, plans and written approval from the Florida Department of] Environmental Protection (DEP) and the U.S. Army Corps of Engineers (COE) to the city administrator. No permit shall be issued by the city until the applicant obtains all authorizations and permits from federal and state agencies. 2) The building official, or their designee eity-administrater shall review a complete application within 30 days ofreceipt to determine whether or not the application complies with city regulations and report such findings to the applicant and to the city commission. 3) The city commission shall determine, by ai majority vote, whether to approve or disapprove 4) Ifan application is approved, a building permit shall be obtained from the city prior to 5) Piers, docks, boathouses, bulkheads, etc. are accessory uses to single-family residential  the application for a boat dock on public land.  beginning construction. dwellings including townhomes.    Sec. 583-22. Structures requiring permits.  Permits are required for:  1) All piers, docks, boathouses and revetments (seawalls and/or armorment).  2) All piers, docks and boathouses that have been constructed abutting city-owned property. No new docks will bej permitted abutting city-owned property and existing docks on city owned property will not be replaced or rebuilt. In addition, the owner of the pier will be required to purchase liability insurance policy for the dock in the amount of one hundred thousand dollars ($100,000.00) naming the city as co-insurer. Further, the owner will be required to sign a release statement in which he agrees tol hold the city harmless and indemnify it against  any liability suit.  Sec.5-83-24 Construction and/or renovation restrictions. areas (R-1A, R1, R-2), except in the following cases:  All private and/or commercial docks, piers and boathouses are hereby prohibited in residential 1) When land owner occupies a single-family residence which lot lines extend to or include waterfront property contiguous to a navigable waterway or when a land owners lot lines extend to the waterfront with the exception ofaj public right-of-way interrupting the 2) When a land owner or group of land owners own property whose lot lines extend to or are contiguous to a navigable waterway and upon which property is constructed multifamily dwellings. ahwhepimsaiwdadaefmwvhamemepirerepis largertham-ieenhumdRes0)sguereetinielalere,theplamswilhavetobeapproved ytheey-cemmissin-lnsweheasesthesiyclelewillnolty-theownesseftheprepertye the-meessity-fercemmissonappovalamcmfea-hemeftedateefte--meetingat-whieh  continuity ofthe lot lines.  hecommisionwildissausamidreewpentheprepeseéplan:  Sec. 583-26 Maintenance.  All exiting docks, piers, boathouses and revetments, in being at the time of passage ofthe ordinance from which this article derived, as well as any such structure established after the passage of such ordinance, must be maintained within the following standards: 1) Boathouses: All exterior walls must maintain their structural integrity and aesthetic appearance (i.e. ifmore than thirty-five (35) per cent of the material making up the: front exterior walls has become rotted, broken or otherwise deteriorated to the point that it isi no longer structurally sound, the deteriorated portions must be replaced and be oft the same 2) All roofs structures for boathouses must maintain their structural integrity and aesthetic appearance (i.e. ifmore than thirty-five (35) per cent oft the material covering the roofhas become deteriorated, torn, or otherwise deteriorated structurally or aesthetically, the structure must be repaired in such ai manner as to assure it is uniform in appearance and is structurally  appearance sO as to make the structure aesthetically uniform).  sound).    3) All percentages for inucturalyAtestheticaly deteriorated structures will be determined by the building inspector utilizing a square footage formula. Ifthe building inspector identifies a deteriorated structure he will detail the: same in writing and forward it to the city hall. The city personnel will in turn notify the owner(s) by registered letter ofthe violation and required action needed to remedy the deficiencies. Hheownerahal-havesiNy/60)daysfrom eeiptefsueh-molieeto-beginsepalisentheselwret)-emeinanyeasewill-be-cempleted Mithalrequredrepatiswthemehumdirdeghy@80)days-latheeventienHheewner-failste maketherequed-repairs-withnthespedietime,lheciycommisiOPreservestherightte ake-the-neeessaryacton-te-eithelhermakethe-meeded-repais-erremovethe-strueture-Ia-sueh asestheownerspreperty-wilhavealiemplaedaganstitferalleestsineured-by-theeily  therepairerremovaloFthestructuret)-nvieltiennofthisartiele:  Sec. 583-27 Noncommercial activities  All commercial activities involving docks, piers and boathouses ini residential areas are expressly prohibited. The commercial activities which are prohibited include, but are not limited to, the acquisition and sale of seafood products, as well as the docking ofcommercial fishing vessels at piers located in residential areas and the renting of space on a dock or pier for the purpose of  mooring of any and all types ofv water craft.  Sec. 83-228. - Commercial facility inspection and repairs.  All commercial construction shall bei inspected by the city building inspector for compliance with applicable building codes. Upon completion of a commercial dock, or other structure requiring a construction permit, a final inspection shall be conducted by the city building inspector. After the final inspection is complete, a certificate of occupancy will be issued which shall be aj permanent permit for such dock or structure. Upon annual inspection, the availability of! proper insurance shall be confirmed. The permittee shall be responsible for the condition and repair ofj permitted docks and failure to maintain such dock(s) in a safe condition shall constitute  grounds for revocation oft the permanent permit. Sec. 83-239 - Permit revocation (good cause).  The city reserves full right, power and authority to revoke aj permit with "good cause" if at any time the health, safety or welfare of any person or property is determined to be inj jeopardy. Ifthe permittee fails to remove or repair the structure within the time specified upon revocation of the permit, the city shall have the right to immediately remove same at the cost and expense oft the permittee. Good cause shall include, but not be limited to, violation ofany permit condition, or  any provision ofthis article.  Sec. 83-2532. - Reconstruction of existing facilities.  Existing facilities which are damaged by accidents, vandalism, or acts ofGod, may be reconstructed so long as the damaged facilities are: reconstructed in the same or lesser dimensions and SO long as the construction permit is applied for from the city within six months of sustaining damage (The obligation to obtain any state or federal approvals is not affected by this section).    Section 2: SEVERABILITY  The various parts, sections and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph or section or clause is adjudged tol be unconstitutional ori invalid by any court of competent jurisdiction, the remainder oft the ordinance shall not be affected thereby. All ordinances or parts of ordinances in conflict herewith are. hereby repealed to the extent of  Section 3: CONFLICTING ORDINANCES  such conflict.  Section 4: EFFECTIVE DATE  This ordinance shall become effective immediately upon passage.  ADOPTED IN SESSION THIS  DAY OF  2024.  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk  Ordinance No. 738    RESOLUTION 18-09-09-24  A RESOLUTION OF THE CITY OF VALPARAISO, FLORIDA, APPROVING THE SHORT FORM OF VALPARAISO AND GULF COAST ENGINEERING COMMERCIAL AND RESIDENTIAL DESIGN, INC.  AGREEMENT  BETWEEN  THE  CITY  OF  WHEREAS, the agreement for services with Gulf Coast Engineering Commercial and Residential Design, Inc. has been received and must be approved by the NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of  City Commission. Valparaiso that:  1. The Mayor of the City is authorized to sign the agreement on behalf of the City of Valparaiso with Gulf Coast Engineering Commercial and Residential Design, Inc. in substantially the same form as is attached as Exhibit "A" and presented to the Commission today with such changes, insertions, or omissions as may be  approved by the Mayor.  THIS RESOLUTION SHALL BECOME EFFECTIVE UPON ADOPTION. PASSED AND ADOPTED THIS 9TH DAY OF SEPTEMBER 2024  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    Exhibit A  SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES  This is an Agreement between City of Valparaiso, Florida (Owner) and Gulf Coast Engineering Commercial and Residential Design, Inc. (Engineer). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as New Valparaiso City Hall (Project). Engineer's services under this Agreement (Services) are generally identified as provide all structural engineering services necessary for renovations at 23 John Sims Pkwy, Valparaiso, FL, including the preparation of all structural plans to include the elevator shaft and addition of the second floor and any necessary inspections of the structure.  Owner and Engineer further agree as follows:  1.01 Services of Engineer  A. Engineer shall provide or furnish the Services set forth in this Agreement, and any Additional Services authorized by Owner and consented to by  Engineer in writing.  2.01 Owner's Responsiblities  A. Owner shall provide Engineer with existing Project-related information and data in Owner's possession and needed by Engineer for performance of Engineer's Services. Owner will advise the Engineer of Project-related information and data known to Owner but not in Owner's possession. Engineer may use and rely upon Owner-furnished information and data in performing its Services, subject to any express limitations applicable to the 1. Following Engineer's assessment ofi initially-available Project information and data, and upon Engineer's request, Owner shall obtain, furnish, or otherwise make available (ifnecessary through retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Services; or, with consent of Engineer, Owner may authorize the Engineer to obtain or provide all or part of such additional information and data as Additional B. Owner, ori its authorized designee shall provide necessary direction and make decisions, including prompt review of Engineer's submittals, and carry out its other responsibilities in a timely manner sO as not to delay Engineer's performance. Owner shall give prompt notice to Engineer whenever Owner observes or otherwise becomes aware of (1) any relevant, material defect or nonconformance in Engineer's Services, or (2) any development that affects  furnished items.  Services.  the scope or time of performance of Engineer's Services.  3.01 Schedule for Rendering Services  A. Engineer shall complete its Services within the following specific time period: all structural as-built plans provided to Owner within 30-days. All other plans and structural engineering services to be completed within a EJCDC°E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 020201 National Society of Professional Engineers, American Council of Engineering Companies,  and American: Society of Civil Engineers. Allr rights reserved.  Page1    reasonable period of time. Ifno specific time period is indicated, Engineer shall complete its Services within a reasonable period of time. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's Services is impaired, or Engineer's Services are delayed or suspended, then the time for completion of Engineer's Services, and the rates and amounts of Engineer's  compensation, shall be adjusted equitably.  4.01 Invoices and Payments  A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices will include a breakdown of services provided. Invoices are due and B. Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in this Paragraph 4.01, Invoices and Payments. If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion sO C. Failure to Pay: If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer's invoice, then (1) the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; (2) in addition Engineer may, after giving 7 days' written notice to Owner, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges, and in such case Owner waives any and all claims against Engineer for any such suspension; and (3) ifany payment due Engineer remains unpaid after 90 days, Engineer may terminate the Agreement for cause pursuant to Paragraph 5.01.A.2. D. Reimbursable Expenses: Engineer is entitled to reimbursement of expenses only if so indicated in Paragraph 4.01.E or 4.01.F. If sO entitled, and unless expressly specified otherwise, the amounts payable to Engineer for reimbursement of expenses will be the Project-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external expenses allocable to the Project, including Engineer's subcontractor and  payable within 30 days of receipt.  disputed, and must pay the undisputed portion.  subconsultant charges. E. Basis of Payment  1. Hourly Rates. Owner shall pay Engineer for Services as follows: a. An amount equal to the cumulative hours charged to the Project by Engineer's employees times standard hourly rates for each applicable billing class, plus reimbursement of expenses incurred in connection b. Engineer's Standard Hourly Rates are attached as Appendix 1. EJCDCe E-520, Short Form ofA Agreement Between Owner and Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council of Engineering Companies,  with providing the Services.  and American: Society of Civil Engineers. Allr rights reserved.  Page2    C. The total compensation for Services and reimbursement of expenses F. Additional Services: For Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged in providing the Additional Services by Engineer's employees, times standard hourly rates for each applicable billing class; plus reimbursement of expenses incurred in connection with providing the Additional Services. Engineer's standard  is estimated to be $4,000.00.  hourly rates are attached as Appendix 1.  5.01 Termination  A. Termination for Cause  1. Either party may terminate the Agreement for cause upon 30 days' written notice in the event of substantial failure by the other party to perform in accordance with the terms oft the. Agreement, through no fault a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 5.01.A.1 if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein will extend up to, but in no case more than, 60 days after the date of receipt of 2. In addition to its termination rights in Paragraph 5.01.A.1, Engineer may terminate this Agreement for cause upon 7 days' written notice (a) if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional, (b) if Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control, (c)if payment due Engineer remains unpaid for 90 days, as set forth in Paragraph 4.01.C, or (d) as the result of the presence at the Site of undisclosed Constituents of 3. Engineer will have no liability to Owner on account of any termination by B. Termination for Convenience: Owner may terminate this Agreement for convenience, effective upon Engineer's receipt of notice from Owner. C. Payments Upon Termination: In the event of any termination under Paragraph 5.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement, and to reimbursement of expenses incurred through the effective date of termination. Upon making such payment, Owner will have the limited right to the use of all deliverable documents, whether completed or under EJCDC9 E-520, Short Form ofA Agreement Between Owner and Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council of Engineering Companies,  oft the terminating party.  the notice.  Concern as set forth in Paragraph 6.01.I.  Engineer for cause.  and American: Society of Civil Engineers. All rights reserved.  Page 3    preparation, subject to the provisions of Paragraph 6.01.F, at Owner's sole 1. If Owner has terminated the Agreement for cause and disputes Engineer's entitlement to compensation for services and reimbursement of expenses, then Engineer's entitlement to payment and Owner's rights to the use of the deliverable documents will be resolved in accordance with the dispute resolution provisions of this Agreement or as otherwise 2. IfOwner has terminated the Agreement for convenience, or if Engineer has terminated the Agreement for cause, then Engineer will be entitled, in addition to the payments identified above, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's subcontractors or subconsultants, and other related close-out costs, using methods and rates for Additional Services  risk.  agreed in writing.  as set forth in Paragraph 4.01.F.  6.01 General Considerations  A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care, Engineer may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor will Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to that Constructor's furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any contractor. C. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work. D. Engineer's opinions of probable construction cost (if any) are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by Engineer. If Owner requires greater EJCDC"E-520, Short Form of Agreement Between Owner and Engineerf for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council of Engineering Companies,  suppliers, and the publishers of technical standards.  and American! Society of Civil Engineers. Allr rights reserved.  Page4    assurance as to probable construction cost, then Owner agrees to obtain an E. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, Clarification, or modification of the construction contract documents, other F. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Engineer grants to Owner a limited license to use the deliverable documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer offull payment due and owing for all Services and Additional Services relating to preparation of the deliverable documents, and subject to the following limitations: 1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without 2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the. specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and subconsultants; 3. such limited license to Owner shall not create any rights in third parties. G. Owner and Engineer agree to transmit, and accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. H. Waiver of Damages; Limitation of Liability: To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's officers, directors, members, partners, agents, employees, subconsultants, and insurers, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $100,000 or the total amount of compensation received by The parties acknowledge that Engineer's Services do: noti include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Engineer may, ati its option and without! liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is EJCDCO E-520, Short Form of Agreement Between Owner andE Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council of Engineering Companies,  independent cost estimate.  than those made by Engineer.  written verification or adaptation by Engineer;  and  Engineer, whichever is greater.  and American! Societyo of Civil Engineers. Allr rightsr reserved.  Page! 5    no longer affected, or terminate this Agreement for cause ifi it is not practical J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute will be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. K. This Agreement is to be governed by the laws oft the state in which the Project L. Engineer's Services do not include: (1) serving as a "municipal advisor" for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation.  to continue providing Services.  is located.  7.01 Definitions  A. Constructor--Any person or entity (noti including the Engineer, its employees, agents, representatives, subcontractors, and subconsultants, performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner's work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. B. Constituent of Concern-Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), lead based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to laws and regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous,  toxic, or dangerous waste, substance, or material.  8.01 Successors, Assigns, and Beneficiaries A. Successors and Assigns  1. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 8.01.A.2 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, 2. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or EJCDCO E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council ofE Engineering Companies,  and obligations of this Agreement.  and American Societyo of CivilE Engineers. All rights reserved.  Page 6    may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this B. Beneficiaries: Unless expressly provided otherwise, nothingi in this. Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. A. This Agreement (including any expressly incorporated attachments) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written  Agreement.  9.01 Total Agreement  instrument.  10 Attachments  Appendix 1, Engineer's Standard Hourly Rates Appendix 2, Additional Services  EJCDC E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Council ofE Engineering Companies,  and American! Society of CivilE Engineers. All rights reserved.  Page7    This Agreement's Effective Date is September 9, 2024.  Owner:  Engineer: GULF COAST ENGINEERING COMMERCIAL AND RESIDENTIAL DESIGN_INC By: Date: Name: Title:  CITY OF VALPARAISO, FLORIDA  (name of organization) (authorized individual's signature)  (name of organization) (authorized individual's signature)  By: Date:  (date signed) (typed or printed) (typed or printed)  (date signed) (typed or printed) (typed or printed)  Name: Hubert B. Smith Title: Mayor Address for giving notices: 465 Valparaiso Pkwy Valparaiso, FL 32580 Designated Representative:  Address for giving notices:  Designated Representative:  Name: Title: Address: 465 Valparaiso Pkwy Valparaiso, FL 32580  Name: Title: Address:  (typed or printed) (typed or printed)  (typed or printed) (typed or printed)  Phone: Email:  Phone: Email:  EJCDC E-520, Short Formo of Agreement Between Owner and Engineer for Professional. Services. Copyright 02020 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 8    APPENDIX 1  ENGINEER'S STANDARD HOURLY RATES  A. Standard Hourly Rates:  1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraph 4.01 and  are subject to annual review and adjustment.  B. Schedule of Hourly Rates:  Billing Class Engineer  Rate $350/hour  EJCDCO E-520, Short Form ofA Agreement Between Owner and Engineer for Professional Services. Copyright 02020 National Society of Professional Engineers, American Councilo ofE Engineering Companies,  and American! Society of Civill Engineers. All rights reserved.  Appendix, Page 1    APPENDIX 2  ADDITIONAL SERVICES  Project monitoring, inspection services, and reports as requested by Owner. Assist with any bids for the Project that will deal with structural components of  the Project.  EJCDCPE-520, Short Form of Agreement Between Owner andE Engineer for Professional Services. Copyright 020201 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Appendix, Page2    RESOLUTION NO. 09-05-13-24  A RESOLUTION OF THE CITY OF VALPARAISO, FLORIDA, APPROVING THE RAIDERS LANDING SUBDIVISION AND NFRASTRUCTURE DEDICATED TO THE CITY OF  ACCEPTING VALPARAISO.  AS COMPLETE THE  SUBDIVISION  WHEREAS, Raiders Landing is a phased residential subdivision development WHEREAS, the subdivision plats for Raiders Landing Phase 1A, 1B, and 2, provide dedication of certain roads and subdivision infrastructure to the City that must be inspected and approved prior to turnover from the developer to the City; and  located within the city limits of Valparaiso, Florida;  WHEREAS, the city engineer with the public works director for the City of Valparaiso have inspected and provided a report for the infrastructure of Raiders Landing and have deemed such roads, sidewalks, lighting, water, sewer and stormwater infrastructure of Raiders Landing as acceptable and built to the construction plans  submitted to the City.  BE IT RESOLVED by the City Commission of the City of Valparaiso, Florida that: 1. Per the city engineer's report and approved construction plans, Sheet C-03, Note 12, and pursuant to the Valparaiso Land Development Code, the Developer for Raiders Landing, Huff Homes of Florida, LLC, shall provide a 2-year warranty period on any necessary repairs to the infrastructure including roadways, sidewalks, curbing and the drainage system from the date the development is  accepted.  2. The Raiders Landing subdivision development is accepted as of THIS RESOLUTION shall be effective immediately upon passage.  2024.  PASSED in regular session this day of  2024.  Hubert B. Smith Mayor  ATTEST:  Tammy Johnson, CMC City Clerk    IHIAt BISzE ONIddvw 89NIABANNS GNVT 5 "DuI 'aypni, 18 uaynoo 'upsng  S  SAEGIVS (Vay NONHIOO SI) 1ne-sV  BAA  6  6  1411 *3:  ErC  8  BAK  A  ER.  8  AMS  TVAL SH3QNV  L  PBRN  46    LOG OF CONSTRUCTION OBSERVATION  Poly, Inc 102 Sunset Lane Shalimar, FL32579  Date: 6-4-24 Report No.: Fimal Project No.: 58-28  POLY  Client: City of Valparaiso Blvd SD) Location: Valparaiso Developer: Huff] Homes Site Conditions:  Project: Raiders' Landing Subdivision (aka VRC College  Notes related to final acceptance (ordered by Sheet # of Construction Plans):  Sheet C-02 - Note #4 - Stormwater. As-buil/Certifications Form 62-346.900(4) was completed and submitted as required by Matt Zinke, of Jenkins Engineering, referred to as Sheet C-04 - Note #8 - All street striping should bet thermoplastic. City ofValparaiso doesn't require thermoplastic striping, including their own new striping projects. Public Works Sheet C-04 - Note #9- - All signage specifications. Public Works Director and Engineer are satisfied with signage (stop signs and speed limit signs) as installed with appropriate materials. Sheet C-04-1 Note #10- Vegetative buffer between the development and Marquette is deeded tot the City. All damaged and dead trees were to be removed before final acceptance. The vegetative buffer has been cleaned up satisfactorily for final acceptance, per the Public Works Sheet C-04 -] Note #12 - "Upon final acceptance of this development by the City, there will be ai two (2) year warranty period as defined in the Land Development Code. Any necessary repairs to the infrastructure including roadways, sidewalks, curbing and the drainage system will be the responsibility oft the developer." This two-year period supersedes the one-year Sheet C-04 -1 Note #16- - Details of lighting plan requirements, including stipulation that the final lighting plan must be reviewed and approved by the City prior toi installation. Lighting plan also referred to on Sheets C-13 and 14, Note #20, concerning prevention ofupward glare. Engineer has no record of lighting plan being submitted or approved by the City prior to installation. Will defer to City Building Official/City Administrator fori further information on Sheet C-04 - Note #18 = "Mail CBU shall be provided with adequate lighting". There is no lighting at Mail CBU. See comment above concerning lighting plan submission and approval. Sheet C-08 - Note #8 - states retention pond should be solid sodded. The project retention pond is a complicated system with multiple sand filters installed to ensure proper infiltration through the bottom of basin and was not designed tol be sodded, per the EOR, regardless oft the language: in this note. Thel basin is well vegetated and stable, including the sloped sides. Neither the EOR nor the Public Works Director would recommend disturbing the established Sheet C-08-1 Note #13 - stormwater system inspection by EOR. Taken care oft by Mr. Zinke Sheet C-08 - Note 17-1 Note states that all roofa and driveway runoff will be directed into the street for collection and treatment. However, there are exceptions to this that are not covered  Engineer of Record (EOR). (Document included).  director has approved the current paint striping as installed.  Director.  period required ini thel LDC.  required lighting plan and its approval.  vegetation to replace it with grass sodding. and all cleared through FDEP as required.    in this note. There are areas labeled as Compensatory Storage" on Sheet C12 (14,440 SF) and Sheet C11 (16,440 SF). These areas were: intended to be graded gently offt the back side of the lot properties and these areas (asl labeled) are considered storage fort the drainage for the back oft the lots and roofi for the included lots (Sheet 12-Lots 25-34 and Sheet 11-Lots 13- 23). There is no way to direct this drainage into the street at these locations, sO the compensatory storage area was calculated for these lots. Note, the retention pond for the development was sized toi include these areas even though the water can't be directed toi it. Which means thej pond is oversized, creating a safety factor for the development's drainage system, as the storage for these lots is planned for in both locations (the compensatory storage Sheet C13-1 Note #2 - Developer shall have all applicable FDEP and local permits prior to construction. FDEP water and sewer permits were obtained prior to construction and the Engineer was supplied with all clearances from FDEP prior to any homes being connected to water and sewer facilities. We cannot speak to the local permits being obtained. We will Sheet 32 -1 Note #4-4- The specifications in the section require that the finished asphalt be tested by coring every. 200' in the completed street. The Public Works Director as well as the Engineer's RPR were on site periodically during the base installation and paving operations and are confident that the base was installed per the specifications and that the two lifts of asphalt installed meet the minimum requirements specified in the plans and by the City's standards. The Public Works Director has requested that cores (which would require patching) Sheet C33 -1 Note# #10-6- Sewer inspection requirements. The alignment of newly installed sewer lines was verified with light and mirror method during installation and the Public Works Director and Engineer's RPR were on site periodically during sewer. main installation and are Sheet C-33-1 Note #10-8- - As-Built certification - Installation of sewer system was also under responsible observation oft the EOR, as required by FDEP. He submitted required documentation after construction and received alll FDEP clearances, which we have copies of Deficiencies inj project requiring attention (we recommend final acceptance be contingent on Cleanouts in the retention pond are generally missing the required water type PE screwplugs and fittings. All cleanouts should be finished to satisfy detail #11 on Sheet C28 oft the construction plans, to include minimum height above finish grade and Type "V" storm inlets #62 (at Sta 30+00) and #48 (at -Sta 27+50) and their downstream piping into the bubble up structures into the retention pond are clogged with sediment and debris and are: not draining properly. They should be thoroughly  and the pond).  defer to the City Building Official.  not be made in the newly paved streets.  satisfied that the sewer lines were: installed per industry standards.  for the City. these items' correction)  proper closure.  cleaned.  Comments:  Copies to: POLY File and City of Valparaiso Prepared By: Beth Brant, P.E. with phone consultation with Matt Zinke, P.E., Civil EOR for the project  Date:  6-4-24    As-Buile Certification  And Request for Conversion to Operation Phase  Instructions: Complete and submit this page within 30 days of completion of the entire project, or any independent portion of the project, as required byt the permit conditions. The operation phase of the permit is effective when the construction certification for the entire permitlapplication is approved by the Agency. If the final operation and maintenance entity is not the permittee, the permittee shall operate the project, system, works, or other activities temporarily until such time as the transfer tot the operation entity is finalized (use Form 62-330.310(2)). Project Name: VRC College Blvd Subdivision Phase or Independent Portion (ifa applicable): N/A  Permit No: IND-091-288408-1  Application No:  Permittee: Valparaiso Realty Company  HEREBY CERTIFY THAT (please check only one box):  To the best of my! knowledge, information, andi belief, construction of the project has been completed ins substantial conformance with the plans specifications and conditions permitted by the Agency. Any minor deviations will not prevent the project from functioning in compliance with the requirements of Chapter 62-330, F.A.C. Attached are documents to demonstrate satisfaction of the outstanding permit Construction of the project was NOT completed in substantial conformance with the plans and specifications permitted by the Agency. Any deviations or independent phasing will not prevent the project from functioning in compliance with the requirements of Chapter 62-330, F.A.C. (Contact the permitting agency to determine whether a modification of the permit will be required in accordance with Rule 62-330.315, F.A.C.) Attached is a description of substantial deviations, a set of as-built drawings, and documents to demonstrate satisfaction oft the outstanding permit conditions, other than Construction of the project was NOT completed in substantial conformance with the plans and specifications permitted by the Agency. There are substantial deviations that prevent the projectf from functioning in compliance with the requirements of Chapter 62-330, F.A.C. I acknowledge that corrections tot the project andoramodification of the permit willl likely ber required, and that conversion to the operation: phase, cannot be approved at this time. As-built or record drawings reflecting the  conditions, other than long term monitoring andi inspection requirements.  long term monitoring andi inspection requirements.  substantelevalons arefattached. E  For actiyties By:  certification! by a registered professional:  (Print Name) Matthew H. Zinke (Fla. Lic. or Reg, No.) 57642 (Company Address) 73 Eglin Pkwy! NE, Suite 203 (Email Address) matt@jeicivil.com  Signgum : STAIEbF (Cjor Nâme) JenkinsEngingpns. Inc. ORID (Telepit6ng AFFIX SEAL  (Date) (Print! Name) (CompanyA Address)  For activities that do not require certification by a registered professional:  By: Signature  (Company Name)  Form 62-330.310(1)- As-Built Certification and Request for Conversion to Operation Phase Incorporated byr referencei inp PAyYAGASAB3IDAA.FAC (June 1,2018)  Page 1of3    Jenkins Engineering, Inc. 731 Eglin Pkwy NE, Suite 203 Fort' Walton Beach, FL 32548 850-837-2448  May31,2024 Beth] Brant, P.E. Poly, Inc. Principal Environmental Engineer P.O.1 Box 841 Shalimar, FL 32579  RE: Raiders Landing (FKA VRC Collegel Blvd Subdlivision) Evaluation of] Impact of Retaining Wall on Stormwater System  Dear Ms. Brant:  As! per) your andi the City ofValparaiso'si request, please allow this letter to serve as an evaluation ofthei impact ofthee existing retaining wall on the designed stormwater system fort thel Raiders) Landing Subdivision project. Our approved civil plans show a 15' wide Common. Areal located between the rear yards ofLots 42-61 andi it was provided to ensure thatt there was an: areai to collect stormwater runoffandi tol help prevent any runofffrom thet uphill lots havinga ai negative impact on the downhill lots during severe: storm events. Sheet C09: Grading Plan (1) and Sheet C10: Grading Plan (2) show thej proposed grading oft thei rear yards ofLots 42-61 along with the constructed yardi inlets and piping that were connectedi tot thes stormwater system which discharges tot the retention basin: fort treatment and attenuation. Top provide a "flatter"b backyard for thesel lots,t the developers During ai recent visit tot thes subdivision, Iviewed the retaining wall as best Icould after home construction, andI also observed thee entire wall previous tot thel homes beingo constructed. During those visits, it appeared that the wall didi not prevent stormwater runofffrom discharging to the Common Area for collection as planned and that thes stormwater system will still function as designed. Please note that iti is common practice: fort thel Nyoplast Inletst to be left above ground, sO: sediment doesn'tgeti in them during site andi house construction. However, oncel home construction andi final landscaping is completed, these inlets need tol be cut down andi the grate placed at grade andi ifthere are any still above ground, they will need tol be lowered properly. Ifyou have any comments or questions, please contact mea atj phone number(850) 837-2448.  constructed: ar retaining wall along the rear property line ofLots 42-51.  Sincerely, af Matthew H. Zinke    ORDINANCE NO. 735  AN ORDINANCE OF THE CITY OF VALPARAISO, FLORIDA AMENDING ITS ZONING MAP; PROVIDING FOR A PURPOSE; PROVIDING FOR A ZONING CHANGE TO .34 ACRES MOL OF LAND FROM R-1A, SINGLE FAMILY RESIDENTIAL TO PROVIDING FOR ZONING MAP AMENDMENT, AND PROVIDING FOR AN EFFECTIVE DATE.  C-1,  COMMERCIAL  DISTRICT  LIMITED:  WHEREAS,the City of Valparaiso has the authority to enact this ordinance  changing its Zoning Map in accordance with the Land  Development Code; and categories; and  WHEREAS,this zoning change is compatible with adjacent land use WHEREAS,the Planning Commission conducted a PUBLIC HEARING using  quasi-judicial procedures on 06 August 2024 to address rezoning that part of the City of Valparaiso, identified as 431 Edge Avenue, Parcel Number 12-15-23-1140-0001-0160, Plat 7, from R-1A, Single Family Residential, to C-1, Commercial District  Limited; and  NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF  THE CITY OF VALPARAISO, FLORIDA:  1. That the Zoning Map of the city is hereby amended by changing the zoning district of the property described above from Single Family Residential (R-1A) to Commercial District Limited (C-1). The parcel location is indicated in Exhibit A, which is attached hereto and made a part hereof. The parcel is specifically described as Plat 7, Block 1, Lot 16, located at 431  Edge Avenue, containing .34 acres, more or less.  2. Effective Date  This ordinance and the zoning map shall become effective simultaneously  with final adoption of Ordinance No. 736. ADOPTED IN SESSION THIS  DAY OF  2024.  Hubert B. Smith Mayor    Ordinance No. 735  Exhibit A  -    -  147ft    LOCALIQ The Gainesville! Sun! Thel Ledger Daily"s CommerciallOcalas StarBanner PO Box News Chiefl Herald-Tribunel News! Herald Northwest Floridal Daily News  631244  Cincinnati, OH 45263-1244  AFFIDAVIT OF PUBLICATION Tammy. Johnson Valparaiso, City Of 465 VALPARAISOI PKWY Valparaiso FL32580  STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or shei ist the Legal Coordinator of the Northwest Florida Daily News, published in Okaloosa County, Florida; with circulation in Okaloosa and Walton Counties; that the attached copy ofa advertisement, beinga a Classified Legal CLEGL, was published on the publicly accessible website of Okaloosa and Walton Counties, Florida, or in a newspaper by print int thei issues of, on: Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Subscribed: ands sworn tol before me, byt thel legal clerk, who Isp personally! known to me, on 08/30/2024 Notary, State WI, County of Brown My commission expires Publication Cost: $303.60 Tax Amount: Payment Cost: Order No: Customer No: PO#:  08/30/2024 Florida Statutes. Legal Clerk  AALLA RL Rup  377  $0.00 $303.60 10512386 527393  #of Copies: 1  THIS IS NOT AN INVOICE! Please dor notz use this form) fory payment remittance,  KAITLYN FELTY Notary Public State of Wisconsin  Page 1of 2    NOTICE OF ZONING  CHANGE  TheVaparasochyCommisonwlconduct aP Public Hearing on Monday September 9th at 6:00 p.m., in the Commission Chambers at 459 Valparaiso Parkway. The purpose oft this hearing is for the final reading of the following two Ordinances: No. 735 Amending its Zoning Map; providing for a purpose; providing for a land use change toone (1) parcel of land identified as 431 Edge Avenue Parcel Number 12-1S- 23-1140-0001-0160 from R-1A, Single Family Residential to C1, Commercial District Limited; providing for Zoning Map Amendment. Ordinance No. 736 Amending its Adopted Comprehensive Plan; providing fora a purpose; providing for land use change to. .34 acres of land MOL; providing for Future Land Use Map Amendment. These ordinances provide for an effective date. Ac copy of these Ordinances is available at City Hall for review by the public. Any person who decides to appeal any decision made by the Commission, with respect to any matter considered during this hearing, will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City of Valparaiso adheres to the ADA. Anyone requiring special accommodation is asked to contact City Hall (729-5402) at least two business days before this advertised meeting sO arrangements can be made.  lee  Tammy Johnson, CMC City Clerk  NF.401421    ORDINANCE NO. 736  AN ORDINANCE OF THE CITY OF VALPARAISO, COMPREHENSIVE PLAN; PROVIDING FOR PURPOSE; PROVIDING FOR LAND USE CHANGE TO .34 ACRES OF LAND MOL; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT, AND PROVIDING FOR AN EFFECTIVE DATE.  FLORIDA  AMENDING  ITS  ADOPTED  WHEREAS, the City of Valparaiso has the authority to enact this ordinance changing  its Comprehensive Plan in accord with Chapters 163. 3187, 166.021, and 166.041 Florida Statutes, and the adopted Comprehensive Plan,  Section 7.07; and  WHEREAS, this small scale amendment to the Comprehensive Plan is compatible WHEREAS, the Planning and Advisory Board conducted a PUBLIC HEARING using  with adjacent land use categories; and  quasi-judicial procedures on 06 February 2023 to address amending the Future Land Use Map in that part of the City of Valparaiso, identified as Plat 7, Block 2, Lot 16, from Low Density Residential to Commercial;  and  WHEREAS, the City Commission sitting as the Local Planning Agency conducted a  PUBLIC HEARING on 12 August 2024 on said amendment to the Future  Land Use Map.  NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY  OF VALPARAISO, FLORIDA:  1. That the Future Land Use Map of the adopted Comprehensive Plan is hereby amended by changing the Future Land Use category of the parcels described above from Low Density Residential to Commercial. The parcel location is indicated in  Exhibit A, which is attached hereto and made a part hereof.  2. Effective Date  This ordinance and plan amendment shall become effective thirty-one (31) days after adoption on second reading by the City Commission, unless the amendment is challenged pursuant to Section 163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the Department of Community Affairs or the Administration Commission finding that the amendment is in compliance in accordance with Section 163.3184 F.S. If applicable, the provisions of Section  163.3189(2)(b), F.S. also govern this ordinance.  ADOPTED IN SESSION THIS  DAY OF  2024.  Hubert B. Smith Mayor  ATTEST:    Ordinance No.736  Exhibit A  SS EDBE  -  147ft    PUBLIC WORKS MONTHLY ACTIVITIES REPORT  August 2024  CEMETERY Met withi families-5 Made funeral arrangements-2 Oversaw funeral services-2 Oversaw marker installation-1 Sold 3 grave spaces PARKS  Mowed, weedeated, pulled weeds, blew, removed debris all city parks/ building & city ROWS  Medans--Trimmed: trees Delivered! 3 cats to P.A.W.S. SHOP TRADES WORKER  City Hall-Sprayed bed, sidewalk and parking lot with weed killer  Glen Argyle Park--Replaced lock set & dead bolt Lincoln Park--Repaired leaki in men's restroom toilet TJ Brooks Park--Repaired pavilions  SANITATION  162.47 Tons (324,940 Ibs.) of Household Trash collected 46.91 Tons (93,820 Ibs.) of Roadside Bulk collected Number of trips tot the dump: 53 419 Yds. of yard waste has beent taken tol landfill Number of trips to Landfill: 20 Delivered 3 new trash cans Changed out 2 broken trash cans  Delivered 4,060 Ibs of aluminum to Recycling Center  STREETS CONCRETE/ SIDEWALK  Government Ave-Poured concrete sidewalk following sewer break repair 333 Washington Ave-Poured 3 slabs of driveway apron following water leak repair  Lincoln Park--Poured concrete around stormdrain SIGN MAINTENANCE Made & installed signs-3 Made & installed decals on vehicle-2 Replaced stop: sign-1 Measured for news signs around school TREE MAINTENANCE Cut line of sight vegetation in 1 location ROWI MOWING & MAINTENANCE Mowed 18 locations  Cut low hanging limbs over sidewalk & hand railings in: 2 locations  DOTI ROW MOWING & MAINTENANCE-Mowed Hwy 85  Public Works Activities August 2024  pg. 1    STREET MAINTENANCE Graded 8 locations Filled 5 potholes in 3 locations STORMWATER Lincoln Park-graded sand back to sidewalk Bayshore Dr-filled in erosion on bank Mowed 2 retention ponds STREET: SWEEPING SHOP  NI Bayshore Dr/ Eastview Ave-backfilled washout around fire hydrant Cleaned Changed dog waste stations 3 times removing at total of 30 Ibs of waste  Total Miles of residential streets swept: 18 Total Lbs of debris removed: 1,800 Cleaned asphalt tools & box Exercised pull behind generators V-43-jumped battery off V-38-Plugged tire Parks) XI Mark mower-changed oil MS250 Chainsaw-changed plug & installed new fuel line Bobcat trailer-changed tire Streets enclosed trailer-p plugged tire V-36-Changed battery, washed & detailed V-44-Washed & detailed inside All chainsaws-changed plugs and cleaned filters Greased all Streets equipment MISC./ ASSISTED OTHER DEPTS Trained employee on backhoe Water & Sewer Assisted with L/S3 cleaning  JD1 Tractor--delivered to Beard Equipment for repairs & picked up after repairs  Asphalt box-installed new pins on arms of boxa and cleaned box & tools  Assisted with water break, backfilled, & installed asphalt patch Looked at L/S1 15 support boards for electrical boxes to rebuild  WATER/ SEWER  REGULATORY COMPLIANCE SAMPLING Monthly Bacteriological sampling Static Water Levels Locates-118 Turn meter on-12 Turn meter off-14 Manually read meters-131 New meters installed-1 Meters replaced--31 Mi.Nodes replaced--13 Water Leaks/ Breaks repaired-1 Replaced curbstops-2 Water Leaks/ Breaks repaired-2 Check meters for issues/ leaks-2 Public Works Activities August 2024  Water Leaks/ Breaks caused by contractors repaired-1  pg. 2    Pulled meters-1 Bored pipe under road-1 Valves repaired--3 Sewer calls-5 Sewer line cleaning-5 Sewer line video-3 Cleaned Lift Stations-3  Support Staff  REGULATORY COMPLIANCE REPORTING  Prepared & sent. July" '24 Monthly Operational Report (MORS) to FDEP & Poly, Inc Sent 5-day Report to FDEP & Health Dept following sewer break on Government Ave Prepared TTHM documentation & sent with sampling results to FDEP & Poly Inc  Prepared & sent WQ Analysis to NWFWMD Sent Nitrate/ Nitrite sampling results to FDEP & Poly Inc  RECORDS MAINTENANCE Filed MORS monthly  Filed bacteriological sampling each month Continuously updating Lead & Copper Inventory Continuously updated Water Distribution Log throughout month Monthly updating Disinfectant residual information for quarterly report Updated GDP Well Totals Workbook for. July Updated Flow Rates spreadsheet for July Monthly Recorded Water Uses/ Losses in FRWA: spreadsheet Produced Aug' '24 Static' Water Level Report & recorded in log! book Produced Aug' 24 Purge Data Report Daily maintained record of all activities of depts in Public' Works Prepared. July' '24 Public' Works Activities Reports Daily record phone calls received Formatted vehicle fuel sheets andi issued for Sept '24 Made 6F Pavilion signs Made 3 kennel logs and: sent tol PD Ordered RootX & locate flags  Redrew Sanitation route map: and updated Trash p/ul bys street and sent copy to City Hall  WORK ORDERS GENERATED! PROCESSED In-house work orders generated-68 Work orders processed from City Hall-35 Locate requests processed from Sunshine 811-189 Meter Leak Alert customers contacted-39 Meters/ Mi.Nodes commissioned--44 PHONE CALLS RECEIVED-305 Cemetery-0 Parks-4 Sanitation-56 Shop-10 Streets-18 Water/ Sewer-75 Misc/ Other Depts-142  Public Works Activities August 2024  pg.3