REGULAR MEETING APALACHICOLA CITY COMMISSION TUESDAY,JUNE3, 2025 - 6:00PM FORMER APALACHICOLA MUNICIPAL LIBRARY 74 6TH STREET, APALACHICOLA. FLORIDA 32320 AGENDA You are welcome to comment on any matter under consideration by the Apalachicola City Commission when recognized to do SO by the Mayor. Once recognized please rise to the podium, state your name for the record and adhere to the five-minute time limit for public comment. Comments may also be sent by email to the City Manager or to Commissioners. I. Call to Order Invocation Pledge of Allegiance II. Agenda Adoption III. Presentation: Code Enforcement Partnership IV. Public Comment V. New Business 1. Proposal for General Planning Assistance 2. Space for Moving In Action- Frenchy Haynes VI. Onfinished Business 1. Floodplain Variance 2025-01 (125 water St) 2. Riverfront Park Fountain VII. Mayor and Commissioner Comments VIII. City Manager Communications - Report Attached IX. Finance Director Communications X. Attorney Communications XI. Consent Agenda- P&Z3.10.25 Meeting Minutes; 4.14.2025 Meeting Minutes; BOA 5,28.25 Meeting Minutes XII. Department Reports - Included in Agenda Packet Adjourmment Any person who desires to appeal any decision at this meeting will need a record ofthe proceeding and for this purpose, may need to ensure that a verbatim record ofthe proceeding is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting. e S - - # - # # - - PN $ - # - - - - - - U - / 8 I APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: June 3, 2025 SUBJECT: Proposal for General Planning Assistance AGENDA INFORMATION: Agenda Location: New Business Item Number: 1 Department: Planning Presenter: Michael Brillhart and/or Bree Robinson BRIEF SUMMARY: In consideration of the letter of resignation presented by City Planner, Bree Robinson, the city has advertised the City Planner position. No viable candidate to fulfill the role has been identified. There is a concern with the limited number of professionally capable candidates with community planning experience to perform the role at the budgeted amount for the position within the city budget. As such, we have reached out to the Apalachee Regional Planning Council for a proposal to perform professional general planning services. The Council is identified as a sole source entity under Florida Statutes for bid procurement purposes. Therefore, the City was not required to advertise for bids specific to this entity or need. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend that the City Commission approve the "Proposal for General Planning Services" with the Apalachee Regional Planning Council, dated May 16, 2025, in an amount not to exceed $55,000 annually. FUNDING SOURCE: Professional Planning/Consulting Services ATTACHMENTS: Proposal for General Planning Services for the City of Apalachicola. STAFF'S COMMENTS AND RECOMMENDATIONS: Staff recommends that the City Commission approve the "Proposal for General Planning Services" with the Apalachee Regional Planning Council, dated May 16, 2025, in an amount not to exceed $55,000 annually. This option is favorable at this time in light of a shortage of professional planners capable of performing the work on a full-time basis within budget in the Forgotten Coast region. - a a m 5 a < : PROPOSAL FOR GENERAL PLANNING SERVICES FOR THE CITY OF APALACHICOLA Apalachee Regional Planning Council Proposed Scope of Services 5/16/2025 Proposed Scope of Services City of Apalachicola General Planning Services for the City of Apalachicola Project: Proposed Scope of Services and Work Plan for general planning services for the City of Apalachicola. Program Lead(s): Justin Stiell, Growth Management & Land Use Manager Apalachee Regional Planning Council 2507 Callaway Road, Suite 100 Tallahassee, FL. 32303 stiell@arpc.orgi (850)312-3164 Kwentin Eastberg, Deputy Director Apalachee Regional Planning Council 2507 Callaway Road, Suite 100 Tallahassee, FL. 32303 keastbergOarps.org 850-312-3932 ARPC Point of contact: Justin Stiell, Growth Management & Land Use Manager Apalachee Regional Planning Council 2507 Callaway Road, Suite 100 Tallahassee, FL. 32303 jstiell@arpc.orgi (850) 312-3164 Submitted: May 16, 2025 1 CONTENTS PROJECT SUMMARY AND SERVICES AVAILABLE. 3 PROJECT STAFFING 3 PROPOSED BUDGET 4 INVOICING 4 2 PROJECT SUMMARY AND SERVICES AVAILABLE Apalachee Regional Planning Council (ARPC) is an agency of the State of Florida (120.52 F.S.) created by an interlocal agreement, and as such is not subject to competitive solicitation 287.057/3)e)12 (F.S.)). Franklin County is one of the nine member counties that are party to the interlocal agreement which establishes ARPC. The City of Apalachicola is an incorporated municipality within Franklin County and is part of the ARPC Region. As a governmental entity, the City of Apalachicola has the option of utilizing services of ARPC to include planning technical assistance without need of a Request for Proposals (RFP). Planning Duties and Responsibilities would include: O Coordinate with the city in the review phase of applications to provide a recommendation for approval, approval with conditions, or denial. ) Provide support to the development review process in coordination with the city's engineer, building official and other applicable city departments. o Support staff in the development of updated forms and applications. O Support in the preparation of planning grant applications, as directed (for example: state-funded Community Planning Technical Assistance grants). C Code of ordinance preparation, amendment, or review. o Public workshop facilitation. o Staff support at city commission meetings as needed. o Other planning technical assistance services, in which ARPC has demonstrated experience and/or expertise, at the request of the city. ARPCis available and willing to start immediately on this project, subject to the needs of the City of Apalachicola. PROJECT STAFFING Staffing for the program will be provided by ARPC. ARPC staff have the experience and required qualifications necessary to meet the needs of the City of Apalachicola. Staff will provide the requested planning technical assistance and is prepared to assist the City of Apalachicola with any planning related tasks. ARPC staff is willing to serve as the liaison between the citizens and City and agrees to oversee planning- related matters and make recommendations to the appropriate decision makers for the City of Apalachicola. The following ARPC staff members will be involved in project activities: 3 Justin Stiell, Growth Management & Land Use Manager Justin Stiell will serve as the point of contact for ARPC on this project. Brianna Williams, Growth Management & Land Use Planner Brianna Williams will serve as growth management & land use support staff on this project to meet the planning needs of the city under the direction of the Growth Management & Land Use Manager. PROPOSED BUDGET The proposed budget for this project will be based on an hourly rate of $79 per hour for the Growth Management & Land Use Manager and $50per hour for the Growth Management & Land Use Planner. Compensation shall not exceed $55,000 annually, unless otherwise authorized by the City of Apalachicola. Any additional costs such as travel, print materials/maps, postage, advertisements etc. will be paid for by the City of Apalachicola. INVOICING ARPC shall submit an invoice for services performed each mionth. The invoice shall clearly detail the total number of hours worked per billing period, a summary of the services performed, and any additional cost being requested for reimbursement. Any questions or comments about the information contained within this document can be directed to: Justin Stiell, Growth Management & Land Use Manager Apalachee Regional Planning Council 2507 Callaway Road, Suite 100 Tallahassee, FL 32303 (850)312-3164 jstiellOarpc.org 4 APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: June 3, 2025 SUBJECT: Space for Community Moving Education - 2025 - Summer Camp, June 2t through July 11, 2025 AGENDA INFORMATION: Agenda Location: New Business Item Number: 2 Department: Presenter: Frenchy Haynes BRIEF SUMMARY: Moving Education Inc. has a lease agreement with the City of Apalachicola to use space in the existing City Hall Complex through December 2026. Mr. Haynes was informed verbally that the space is not available due to a mold condition. The reason for appearing is to request the City's assistance in securing a space for the Summer Camp 2025. Funds have been raised to pay for the Camp, and we would like to move forward providing this free summer Camp to Apalachicola's children and youth. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request the City's assistance in securing a space for the Summer Camp 2025. FUNDING SOURCE: N/A ATTACHMENTS: N/A STAFF'S COMMENTS AND RECOMMENDATIONS: APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: 6/3/25 SUBJECT: Floodplain Variance 2025-01 (125 Water Street) AGENDA INFORMATION: Agenda Location: Unfinished Business Item Number: 1 Department: Building Department Contact: Michael Brillhart/Keisha Messer, Floodplain Administrator Presenter: Michael Brillhart/Dan Hartman BRIEF SUMMARY: Applicant is seeking a floodplain variance related to the elevation requirements for 125 Water Street, The Land Development Code allows for a variance for historic structures when recommended by a Floodplain Administrator and approved by the City Commission. 125 Water Street is on the Historic Master Site File. This is a follow up from the December 2024 meeting where this was first discussed. Commissioners asked for elevations of what the structure could look like - see applicant submittal. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve a floodplain variance for 125 Water Street on the basis that it is a historic structure and proposed work will not diminish the historic value. FUNDING SOURCE: N/A ATTACHMENTS: Applicant submittal, Floodplain Admin recommendation, December 2024 agenda item and minutes. STAFF'S COMMENTS AND RECOMMENDATIONS: Floodplain administrator recommended approval. Variance Application Statement for 125 Water Street (Former Boss Oyster) To: Apalachicold City Commission From: Cutler Edwards, White Sands/Apalachicold Trading Company Date: 5/20/2025 Subject: Floodplain Variance Request for Rehabilitation of Historic Structure at 125 Water Street Follow-up to Commission comments/RAI from December 3, 2024 CC meeting Property Overview The structure at 125 Water Street, formerly known as Boss Oyster, is a contributing property within the Apalachicold Historic District and is listed on the Florida Master Site File (Site ID: FRO2436). This designation was completed in 2022 as part of the Franklin County Countywide Historical Resources Survey conducted by Terracon Consultants, Inc., and includes documentation confirming the building's historic significance and construction date of circa 1920. The property retains its historic form and character as described in that documentation. We refer only to the Boss Oyster main building that also housed the front desk of the Rainbow/River Inn. This does not include 2-story dining room/apartment on north end of Boss complex built more recently and damaged last year by fire. Purpose of Variance Request We are seeking a floodplain variance under Section 107-187 of the City Code to allow for the necessary rehabilitation of this historic structure. The variance is essential because the building cannot feasibly be elevated to meet current base flood elevation (BFE) requirements without compromising its structural integrity and historic character. We understand that the City Commission must confirm that the variance is "the minimum necessary to preserve the historic character and design of the building. . We believe our proposed work clearly meets that threshold and without the variance, the building will continue to deteriorate, potentially beyond repair. Scope of Work and Preservation Intent Our initial phase of work would be focused solely on stabilizing the structure and ensuring integrity of its mechanical, electrical, and plumbing (MEP) systems. These improvements are necessary to prevent further damage and to prepare the building for any potential future use, which has not yet been finalized. There are no plans to transform or modernize the building's appearance. The rustic, weathered exterior that defines its character will be preserved. If replacement of deteriorated components like windows or doors is required, those components will be replaced in kind matching size, style, and materials wherever possible. A rendering prepared by Ward Drafting (dated April 15, 2025) is included and demonstrates that the rehabilitated structure will closely mirror the current exterior. This approach reflects a commitment to preservation in accordance with best practices in historic rehabilitation. Proposed Future Use At this stage, no final decision has been made about the future use of the building. However, we are exploring several options that are both compatible with the site's history and supportive of the surrounding community and waterfront economy. These may include: Reestablishing a restaurant and bar, much like the original Boss Oyster; Creating a retail or service-oriented space to support a proposed marina at the same address; - Or a combination of these, preserving the building's function as an active, contributing part of downtown Apalachicold. Regardless of use, preserving the structure's historic character and visual identity is our top priority. No new construction is proposed, and we are not seeking to change the building's footprint, height, or exterior style. No new construction is proposed as part of this rehabilitation request, and we are not seeking to change the building's footprint, height, or exterior style. We understand the floodplain variance is simply a tool to enable basic repairs and stabilization not a vehicle for sweeping change. Framework for Understanding Historic Work: National Preservation Standards To help clarify our approach to and understanding of the task, we reference the Secretary of the Interior's Standards for the Treatment of Historic Properties the nationally recognized guidelines used by federal, state, and local governments to evaluate preservation work. These standards outline four treatment approaches: 1. Preservation - Maintaining a property's existing form, materials, and integrity. 2. Rehabilitation - Updating or repairing a property to allow for continued or adaptive use, while preserving its historic character. 3. Restoration Returning a property to a specific period in its history, removing changes from other eras. 4. Reconstruction = Rebuilding a non-surviving structure to replicate its historic appearance. Our project most closely aligns with Rehabilitation, which is defined as: "The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values." We are not proposing a full restoration, nor reconstruction, and while preservation would imply little or no change at all, it does not allow for the needed MEP repairs and stabilization. Rehabilitation is the only treatment category that: Allows for upgrades and repairs that ensure the structure's continued use; Preserves character-defining features; Is consistent with a long-term plan for protecting historic structures in active, working waterfront environments. This is why our project is eligible for the floodplain variance under Section 107-187: it is the minimum intervention necessary to maintain the building's designation as historic and ensure it remains a part of the city's historic landscape. Confirmation of Historic Designation To address Commissioner Anita Grove's question about the structure's listing on the Master Site File: the structure currently standing at 125 Water Street is the same as the one documented in the Florida Master Site File. The file includes photos, descriptions, and location data matching the current structure including the frame vernacular construction, two-story side-gable roof, full-width porch, and metal siding. The property was documented by Terracon staff and assigned Site ID FRO2436. This submission was part of the 2022 Franklin County Countywide Survey and confirms that this structure is eligible under the Florida Master Site File as well as city's criteria, particularly for its architectural significance and role in the fishing industry. A copy of the form and photos is provided. Conclusion Without the floodplain variance, this building cannot be rehabilitated and demolition may become the only option. That outcome would not only erase a historic building from the waterfront, but also go against the very purpose of Section 107-187: to preserve Apalachicold's historic assets. We believe our request is in full compliance with both the spirit and letter of the City Code, and we respectfully ask for your confirmation of the Floodplain Administrator's approval sO that we may begin this preservation-focused work without further delay. We remain committed to transparency throughout this process and welcome any additional questions the Commission or staff may have. Gathered from! Database: 12.4.2024 Page 1 HISTORICAL STRUCTURE FORM Site#8 FR02436 Field Date 7-26-2022 FLORIDA MASTER SITE FILE x Original Form Date 9-6-2022 Version 5.0 3/19 Update Recorder # SEM MM Shaded Fields represent the minimum acceptable levelof documentation. Consult the Guide to Historical Structure Forms for detailed instructions. Sitel Name(s) (address Ifnone) 125 Water Street Multiple Listing (DHR only) Survey Project Name Franklin CountyCountywide HRS Survey # (DHR only) 28383 National Register Category (please check one) building Jstructure district Isite Dobject Ownership: private-profit Jprivate-nonprofit private-indvidual Jprivale-nonspecific Dcity DJcounty Istate Dfederal Native American Coreign DJunknown LOCATION: & MAPPING StreetNumber Direction StreetName StreetType Suffx Direction Address: 125 Water Street Cross Streets (nearest/belween) USGS7.5 Map Name APALACHICOLA USGS Date Plat or Other Map City/Town (vithin 3r miles) Apalachicola In City Limits? yes Dno DJunknown County Franklin Township. 9S Range 7W Section 6 % section: ONW SW OISE ONE Irregular-name: Taxi Parcel # 01-09S- 08W 8330-0000-0150 Landgrant Subdivision Name Block Lot UTM Coordinates: Zone D16 017 Eastingl Northing Other Coordinates: X: Y: Coordinate System & Datum Name of Public Tract (e.g., park) HISTORY Construction Year: 1920 Japproximately lyear listed or earlier year listed orl later Original Use, Fish house From (year): 1920 To (year): unkn Current Use Abandoned/Vacant From (year) unkn To (year): 2022 Other Use From (year): To (year): Moves: lyes no Junknown Date: Original address Alterations: yes Jno Junknown Date: Nature Some windows, roof Additions: lyes ]no Junknown Date: Nature Architect (lastr name firs): Builder (lastr name first): Ownership History (especilly original owner, dates, profession, etc.) Is the Resource Affected by a Local Preservation Ordinance? Dlyes no Xjunknown Describe DESCRIPTION Style Frame Vernacular Exterior Plan Rectangular Number of Stories 2 Exterior Fabric(s) 1.Metal 2. 3. Roof Type/s) 1. Gable 2.Hip 3. Roof Material(s) 1. Sheet metal:5V crimp 2.Sheet metal: corrugated 3. Roof secondary strucs. (dormers etc.)1. 2. Windows (types, materials, etc.) wood divided 4 light fixed, replacement vinyl 1/1 sash, single pane fixed & wood 6/6 w functional shutters on 2nd story, Distinguishing Architectural Features (exterior ori interior omaments) Two-s story side gable, exposed original 4 light fixed, full width porch Ancillary Features / Outbuildings (record outbuildings, major landscape fealures; use continuation sheetifneeded.) Waterfront, overgrown vegetation encroaching on structure DHR USE ONLY OFFICIAL EVALUATION DHR USE ONLY NRI List Date SHPO - Appears to meet criteria for NRI listing: Dlyes Cno insufficient info Date Init. KEEPER Determined eligible: Dlyes Ono Date Owner Objection NR Criteria for Evaluation: Da Db Dc Dd (see National Register Bulletin 15, p. 2) HR6E046R0319, effective 05/2016 Floridal Master Site File/Div. of Historical Resources/R. A. Gray Bidg/500 S Bronough St., Tallahassee,FL 32399-0250 Rule 1A-46.001,FAC. Phone 850.245.6440/ /Fax 850.245.6439/E-mal Slefle@desmyletidacom Page 2 HISTORICAL STRUCTURE FORM Site #8 FR02436 DESCRIPTION (continued) Chimney: No. 0 Chimney Material(s): 1. 2. Structural System(s): 1. Wood frame 2. 3. Foundation Type(s): 1. Unknown 2. Foundation Material(s): 1. Obscured 2. Main Entrance (slylistic details) off center, paired wood doors W divided almost full 2 light Porch Descriptions (types, locations, rooft types, etc.) Full width open porch under hip roof, wood post supports Condition (overallr resource condition): Dexcellent Dgood Ofair deteriorated Oruinous Narrative Description of Resource This 1920 Frame Vernacular resource is in deteriorated condition. It has a Gable roof and Metal siding. Archaeological Remains ICheckiArchaolgical Form Completed RESEARCH METHODS (select all thatappl) FMSF record search (sites/surveys) library research building permits Sanborn maps IFL State Archives/photo collection Dcity directory LJoccupantlowner interview plat maps property appraiser - tax records Jnewspaper files Dneighbori interview [Publicl Lands Survey (DEP) Bcultural resource survey (CRAS) Ihistoric photos Dinterior inspection JHABS/HAER record search DJother methods (describe). Bibliographic References (give FMSF manuscript #ifn relevant, use continuation: sheetifn needed) OPINION OF RESOURCE SIGNIFICANCE Appears to meet the criteria for National Register listing individually? lyes Dno insufficient information Appears to meet the criteria for National Register listing as part of a district? lyes DJno Xinsufficient information Explanation of Evaluation (required, whether: significant orn not; use separates sheetifneeded) More information needed to determine individual significance. Building appears to have been associated with the fishing industry and may contribute to the district. Area(s) of Historical Significance (see National Register Bulletin 15, p. 8f for categories: e.g. 'architecture", "ethnich heritage", "community planning & development", etc.) 1. 3. 5. 2. 4. 6. DOCUMENTATION Accessible Documentation Not Filed with the Site File - including fieldr notes, analysis notes, photos, plans and other important documents 1) Document type Maintaining organization Document description File or accession #s 2) Document type Maintaining organization Document description File or accession #'s RECORDER INFORMATION: Recorder Name Terracon Staff Affiliation Terracon Recorder Contact Information 8012 Baymeadows Way, Suite 1, Jacksonville, FL meghan.powelleterracon.com (address/p phone/fax/e-mail, USGS 7.5' MAP WITH STRUCTURE LOCATION CLEARLY INDICATED Required LARGE SCALE STREET, PLAT OR PARCEL MAP (available from most property appraiser web sites) Attachments PHOTO OF MAIN FACADE, DIGITAL IMAGE FILE When submitting ani image, it must be included in digital AND hard copy format (plany paper grayscale aoceplabla). Digital image must be at least 1600) X 1200 pixels, 24-bit color, jpeg or tiff. a VN MIM OZEZE 1 VIOOIHPVNV OZEZE T VODIH2VIV 1E3A168BMMEZI NIISAO $508 MBIANIAO 1o3rodd EANEAVG ONIIIVaG GNZZL9L ONVM : € a aGasvGNASS acaGAGISE 3 3 - - - - 5 B K, e & B 2 9 ! 3 I & 2 : A 4 a 4 I B 5 I D I 4 3 25 I 3 E 5: a - I I 53 1 3 - - I I B 2 3 N à 3 - di I I P! e - I I I I I - 35 - - - I I I B s y E & 1 1 - I S I : 6 1 & 3 I 3 5: 5 I - I 7 OZEZE 7 VOOIHOVIVaV OZEZETH VOOIH2VIaV - 13381SH3IVMEZI SNOIIVA3TE ENNEAV GNZZL L91 EJSAO $608 ONII-VaG dAVM - e 5 2 NA acsovcuss a A4 CN 3 1 - B a I - I mi I B I - - - I I I - I - OZEZE 7 VOOIHOVIaV OZEZE 14' VOOIHOVIdV 133815 3IVMSZL NVld 3001 EAN3AY GNZZL9L NEISAO $508 9NILVd GNVM 9 2 dsa a dSCAGNASC ac asScMEEN 3 1 APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: December 3, 2024 SUBJECT: Floodplain Variance 2024-03 (125 Water Street) AGENDA INFORMATION: Agenda Locatlon: New Business Item Number: 3 Department: Building Department Contact: Travis Wade/Keisha Messer, Floodplain Administrator Presenter: Travis Wade/Dan Hartman BRIEF SUMMARY: Applicant is seeking a floodplain variance related to the elevation requirements for 125 Water Street, The Land Development Code allows for a variance for historic structures when recommended by a Floodplain Administrator and approved by the City Commission. 125 Water Street is on the Historic Master Site File. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve a floodplain variance for 125 Water Street on the basis that it is a historic structure and proposed work will not diminish the historic value. FUNDING SOURCE: N/A ATTACHMENTS: Applicant submittal, Floodplain Admin recommendation. STAFP'S COMMENTS AND RECOMMENDATIONS: Floodplain administrator recommended approval. November 21, 2024 Agenda Action Report Prepared for the Apalachicola City Commission ITEM Floodplain Variance #2024-003 INITIATED BY Cutler Edwards White Sands Investment Partners, LLC SUBJECT Variance Request from City of Apalachicola Floodplain Regulations (Ordinance 2024-05) PURPOSE Varlance from Section 107.4 of Ord. 2024-05 for Substantial improvement for Historical Structure PROJECT LOCATION 125 Water St, Apalachicola, FL 32320 WHARF LOT 15 Parcel # 01-095-08W-8330-0000-0150 FIRM Panel # 12037C0526F RECOMMENDATION Approval of Variance Request Section 107-187(LDC, art. XVI, 5 2(107.4)) - Proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as an historic building and the variance is the minimum necessary to preserve the historic character and design of the bullding. PRESENTED BY Keisha Messer, CFM Floodplain Administrator K E 8 8 Q 9 e 8 9 09 d= : - I e I I 1 I E - & 3 3 8 5 1 I b I I I I I 3 b b b b o I I I 1 t I I 1 I I I I I S I 1 1 b I b I I I 5 b 1 b I I I b 5 I I I b I b I 5 b - t b b 5 b b 6 b t t E b 6 t 6 6 t b b 0 $ € bj I I - - 5 $ $ $ 5 $ 5 I - $ € € $ I I I I I I I I I I $ $ $ B $ B N a a a 8 I : A 5 3 : 4 a : - E 6 3 $ RI R LA 8 8 I s 12 8 - I 8 s $ - a 8 - B 5 E 9 s 3 8 a > & C 8 * a 5 E b B 8 5 a - 8 a f 5 A b I a : le : DE a B 3 a B B A A e e A - e X 5 b € - 5 N N N E & E E 1 I I a a - N of - a E 3 3 E I 8 # 5 5 E I € E E 5 I I I $ $ o% 4 I A a a a a a a a # a a a I - A R 8 a a - a LA 8 3 3 3 B $ B 5 E 3 9 3 8 8 3 I 8 8 B 8 8 8 4 A 4 4 5 6 4 4 43 4 4 4 4 4 4 4 4 4 4 6 4 6 6 W 4 4 A 4 A 5 4 8 s 4 4 4 4 6 W 4 6 - € 9 2 2 3 * - - - - & 9 a I I - - - - - - - I - I I I - - - I - I I - I I I I 1 - I I - - 1 - - I & 2 ELORIDE Application for FEMA Variance- Historical Structure GENERAL INFORMATION: Properly Owner Name/Address Agent or Representative Name/Address Apalachicola Trading Co Cutler Edwards 2812 Agnes Scott Drive 161 COMMERCE ST. Panama City FL 32405 APALACHICOLA, FL: 32320 Phone, Phone (850)247-8603 Emall Email: CUTIEROWATESANDSINVESTMENT.COM Property Address, Legal Description, Parcel ID: 125 WATER: ST WHARF LOT 15 OR 175/315 CITY OF APALACH OR 269/174 658/45 1286/208 1341/221 Current Zoning: RF Riverfront Current Land Use: Commerclal Part of conditionally, Is the property part of a prevlously approved development proposal? Yes X No approved Boss Marina properly, but original Ify yes, provlde the file/case number/s). proposal did not include restoration of this structure DETAILS OF THE REQUEST: (Add additional sheets If necessary) WE PLAN TO RENOVATE THE HISTORIC BOSS OYSTER RESTAURANT TO BE INCORPORATED AS PART OF THE PROPOSED BOSS MARINA PROJECT. IT ISL LISTED AS AI HSTORICALSTRUCTURE ON" THE FLORIDA MASTER: SITE FILE AS SITE FRO2436 AND: SHOULD NOT BE REQUIRED TO BE ELEVATED' TO THE CURRENT BASE FLOOD ELEVATION REQUIREMENT. THEREFORE, AN ADMINISTRATIVE VARIANCE IS BEING REQUESTED PURSUANT TO: SEC. 101-63(1) &( (2). Signature of Applicant/Authorized Agent and Date ) ELORIDE FEMA VARIANCE APPLICATION Applicants must acknowledge understanding of the following and initial each of the statements below. If you do not understand any of these, staff will explain them to you. 0 - I understand that a non-conforming use or structure in a particular zoning district does not, in any way, provide justification for the granting of a variance. Furthermore, the existence of a permitted use or structure in adjacent districts does not constitute grounds for a variance. a) On all variances, a majority vote is required. Action on this application by the Commission may be continued to a later meeting. 0 I understand that if variance is approved by the Commission, the applicant is required to obtain the appropriate building permits within 1 year from the date of the decision. If no permit is obtained within 1 year, the approval from the Commission becomes voided. 0 I understand that any person aggrieved by the final decision has the right to file a petition in Franklin County Circuit Court within 30 calendar days after the decision. Permits for construction may be granted prior to the expiration of this 30-day period, but an appeal will be revocation of the permit. Q) lunderstand that I, as the applicant, or my authorized representative must be present at all scheduled public meetings on the application. 0 Understand that, if a variance from Section 107.4 of Ordinance 2013-02 is approved, that: 1. The variance will not preclude the structure's continued designation as a historic structure. 2. The variance is the minimum necessary to preserve the historic character and design of the original structure. 0 have been notified in writing from the Community Official about the NFIP Flood insurance implications of variances. After acknowledgement ofthese conditions, please make sure your application Is complete prior to submission, Incomplete applications will be returned to the applicant. Signature of Applicant/Authorized Agent and Date OFFICE OF THE FLOODPLAIN ADMINISTRATOR MEMO To: Applicant From: Keisha Messer, CFM, CMC Date: September 6, 2023 RE: Disclosure Per 44CFR 60.6(A)(5) NFIP Flood Insurance Implications of Varlances Please be advised that you are requesting a varlance to allow a substantial Improvement to your property which Is either renovation(s) and/or additions(s). Substantial improvement means any repair, reconstruction, rehabllitation, addition, or other improvement of a building or structure at which the cost equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred 'substantial damage" any repairs are considered substantial improvement regardless of the actual repair work performed. Without a variance the building recelving the substantial improvement would be required to be elevated above the required Base Flood Elevation (BFE) as designated by the Federal Flood Insurance Rate Map. If your variance is granted and you complete the work be advised that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of Insurance coverage and (lI) Such construction below the base flood level increases risks to life and property. AI Regular Meeting of the Apalachicola City Commission was held on Tuesday, December 3, 2024, at 6:00 PM at the Former Apalachicola Municipal Library, 74 6th Street, Apalachicola, Florida. Present: Mayor Brenda Ash, Commissioner Anita Grove, Commissioner Adriane Elliott, Commissioner Despina George, City Manager Travis Wade, City Clerk Sheneidra Cummings, City Planner Bree Robinson Absent: Commissioner Duncan. Commissioner Duncan arrived at 6:50pm. Meeting called to order by Mayor Ash followed by prayer and Pledge of Allegiance AGENDA ADOPTION Motion to adopt the agenda with an amendment to include a Presentation from the Southern Group and to pull Agenda Item number 2, Grant Approval Policy, Motion made by Commissioner George to adopt the agenda with the changes. Motion seconded by Commissioner Grove. None opposed. Motion carried, 5-0. PRESENTATION Kate Deloach with The Southern Group provided the Commission with a few updates regarding the upcoming grant cycle and the upcoming administration change. Oyster license under this session the Commission would have the opportunity to decide if they would like the State to issue and control the issuance of license or fori it to remain with the City. Discussion held. Deloach suggested submitting an appropriation application to apply for the full 5mil in funding and will submit a draft to the Commission. Deloach also suggested that oyster licenses be issued locally and apply for admin funding from the Dept of Agriculture to administer the process and issuance. PUBIIC COMMENT Richard Bracken commented. Barbara Mcinturff commented. 12.3.24 CC Regular Meeting Minutes Page 2 of 4 NEW BUSINESS: Prado St. Speed Limit Reduction Commissioner Elliott made a motion to approve lowering the speed limit on Prado St. from 30mph to 25mph; and utilize the City's radar sign as a speed deterrent along with an increase in law enforcement presence. Motion was seconded by Commissioner Grove, with Discussion. Chief Varnes commented. No further discussion, None opposed. Motion carried, 5-0. NEW BUSINESS:! Floodplain Variance 1 &2 Attorney Hartman and Samantha Kilborn, with Whitesands presented a request for a floodplain variance for both 119 Water Street and 125 Water Street. Discussion held. Attorney Hartman recommended tabling the motion, subject to additional information to be provided to the Floodplain Administrator. Attorney Hartman suggested that he meet with Samantha Kilborn and discuss the variance proposals and specific remaining requirements and bring it back to the Commission after the variance has been approved by the Floodplain Administrator. Ar motion to table New Business items 2 & 3 made by Commissioner George, seconded by Commissioner Grove. Commissioner Elliott, discussion, None opposed. Motion carried 4-0. NEW BUSINESS Motion to approve the award to Jason White Construction made by Commissioner Grove, seconded by Commissioner George. None opposed. Motion carried, 5-0. UNFINISHED BUSINESS- 19 Reading Attorney Hartman read Ordinance 2024-06 by title. Motion to approve 1St reading with the addition of the repeal language made by Commissioner George. Motion seconded by Commissioner Elliott. None opposed. Motion carried, 5-0. APALACHICOLA CITY COMMISSION REQUEST FOR BOARD ACTION Meeting Date: June 3, 2025 SUBJECT: Riverfront Park Fountain AGENDA INFORMATION: Agenda Location: Unfinished Business Item Number: 2 Department: Parks and Recreation Committee Presenter: Parks & Rec/ Michael Brillhart BRIEF SUMMARY: A decision needs to be made regarding the fountain at Riverfront Park. Currently there is not a potable water source for Riverfront Park which is badly needed for the public. The Parks & Recreation Committee is requesting the City Commission to formally decide the future of the fountain. RECOMMENDED MOTION AND REQUESTED ACTIONS: (1) Remove it and landscape the area to add to the paved walkway. FUNDING SOURCE: N/A ATTACHMENTS: Parks & Rec recommendation STAFF'S COMMENTS AND RECOMMENDATIONS: The Parks & Recreation Committee is recommending that the fountain be removed due to the chronic problems it has experienced over the years. If the recommendation to remove the fountain is approved the Parks & Recreation Committee will bring to the City Commission options for landscaping this area of the park. . CITY OF APALACHICOLA CITY CLERK'S DEPARTMENT REPORT May 2025 Processed and mailed out utility bills before the end of the month Training New-Hire, Alayna Smith as the new front office Receptionst/Desk Clerk Training former receptionist for Utility Billing position Applied late payment penalties Conducted interviews for Receptionist/ Desk Clerk Completed Billing Clerk's monthly tasks and conducted account audits Compiled agenda packets and emailed to Commission and City Attorney. Notified 2K Web Group to upload meeting agenda packets to website and post meeting dates and times to website. Assisted customers with cemetery items, utility bill questions and payments, garbagelyard trash complaints, public records request, golf cart decals, Battery Park ramp stickers, business licenses, and other miscellaneous duties. Processed ACH billing Processed adjustment requests and refund requests Completed tasks assigned by the City Manager and Mayor. Fulfilled 6 Public Records Request; 4 open requests Completed and mailed general monthly billing. Assisted Staff with various issues and project reporting. Assisted employees with HR related issues Responded to emails and fulfilling requests that requires research Additional tasks related to maintaining the Clerk's Office and overseeing Utility Billing City of Apalachicola Public Works Monthly Report May 2025 The public works department, services all city vehicles and replaces all the tires on city vehicles, services all the mowers and weed eaters, cut all city parks, cut all city properties, empty all garbage cans downtown and city parks, clean city right of ways, cut city right of ways, and patch holes on city roads as needed. Completed a lots of work order this month Collected trash from downtown and public parks. Cut our routine main roads parks and cemeteries. foB); Picked up old trash piles that has been around town for a while Hauled trash to land fill Cut grass at water plant Cut grass at 5th street water tower Doing maintenance on equipment Change oil in 2 trucks Patched some pot holes around town Cutting a lot of dead palms tree around town and hauling them land fill Cleaning lot of ditches around town for storm season coming up Building and Maintenace Crew . Replaced lights in public restroom . Replaced air filters in all city buildings Clean out downtown water fountain at river front park . Scipio creek restroom is now open for public Completed by Greg Harris Grant Updates City Commission - May 2025 Applications Pending Results: 1. DEP - Resilient Florida - Waste Water Treatment Plant Phase II a) An application requesting the funding for Package B (refer to 22SRP17 + WG038) is being drafted. This program begins accepting applications July 1, 2025. City will be applying for all funding needed to complete the WWTP. 2. FDOT - M-SCOP - Commerce Street Avenue F. - Avenue G a) An application requesting improvements along Commerce Street from Avenue F to Avenue G in the amount of $547,759.64 was submitted on 3/13/25 to FDOT. If funded, this project would fund the design work and construction work needed to restore and restripe the existing roadway. The underground infrastructure would be replaced as needed. b) Application deemed as complete by FDOT on 5/9/25. 3. Small Cities CDBG Program - Well Rehabilitation a) An application requesting $344,250 to rehabilitate the City's three wells was submitted on 9/13/24 to the Commerce RIF program this project was to funded, but Commerce staff reached out to inform us that this project might be a good fit for the Small Cities CDBG program. Eligibility is currently being determined - the City does not inherently meet the program eligibility requirements, but might be able to through a sample survey. b) The specific technology requested would allow for quicker repairs and lessen the risk of future boil water notices. c) Application submitted 5/16/25. 4. DHR - 2025-26 Special Category - Phase II HCA (Harrison-Raney Building) mitigation/repair. $350,000 (City Cash Match $21,875) FUNDED a) 2025-26 DHR Special Category grant request for Phase II to complete additional repairs to HCA currently being drafted and was submitted by June 3, 2024. Phase II to complete repairs not funded in Phase I and will include windows, doors and additional masonry work. b) Application submitted for consideration $21,875 cash match is obligated under the application as approved at the 6/4/24 CC meeting. c) FUNDED - HCA phase Il application was reviewed and ranked favorably during Nov. 19 Florida Trust Board Meeting. Trust board recommended funding; funding is pending legislative budget approval. Funded Applications: FDACS: 1. UCF-C Grant Program - Lafayette Park Tree Canopy Improvements Project $10,000 + $10,000 City Match (32077) a) An application requesting funding for the planting of 34 trees in Lafayette Park was submitted 7/18/24. The project was funded and the agreement from FDACS was executed mid-March. The work was bid out competitively and awarded to Gulf Coast Landscaping & Supply contract has been drafted and signed by all parties tree planting should be underway ASAP. b) This contractor was unable to supply all the required species in time to plant during the spring season. Planting has been postponed to the fall season, pending the original contractor meeting the fall planting dates. FDOT: 1. SCOP - Leslie Street $610,169.30 (G2N05) a) This project will remedy the underground issues, resurface the entire street length, and obtain new 1 road signs based off engineer's estimate and recommendations. Engineering firm, Dewberry, has completed the plans and they were sent to FDOT for a final review prior to procurement 5/23/24 the plans were approved and advertisements for procurement were scheduled in The Times and The Tallahassee Democrat. b) City procured North Florida construction for the construction work 7/25 - CEI was awarded to Urban Catalyst Engineering. c) CONSTRUCTION START DATE WAS SEPTEMBER gth! Construction in progress - during construction it was discovered that the stormwater pipe is made of terra cotta. City has requested a change order to replace the terra cotta with a new concrete pipe to prevent any future issues. Brick manholes were also discovered and an additional change order has been requested to replace them while they are exposed to avoid disrupting the street in the future. Once approved by FDOT, this project will move forward. d) Asecond change order was approved in March 2025 for additional curbing and final work needed. e) Leslie Street opened on 3/31 and final reimbursement was filed for 5/23/25. Project is in close out. DEP: 1. Resilient Florida Critical Asset Flood Management $2,403,500 (24SRP65) a) This grant will complete identified drainage projects in the city that have been documented, but not funded by other sources, Funds will repair known nuisance flooding drainage issues in 29+ locations throughout the city. The City of Apalachicola Critical Asset Flood Mitigation Projects include the replacement and retrofit of pipe systems at multiple roadway intersections, addition of inlets, pipes, water quality vaults, crown reconstruction, and construction of roadway conveyance system. DEP has tentatively scheduled a site visit in October. b) Bay Media Services was awarded a contract for administering this grant at the June City Commission meeting, c) Baskerville Donovan Inc was scored highest and selected by City Commission to negotiate engineering services. 10/24 d) Negotiations with Baskerville Donovan were unsuccessful. All bids were rejected and staff has modified scope based on field visit with DEP and is advertising new RFQ for engineering services. e) The modified scope was readvertised, and three firms submitted qualifications: Dewberry Engineers; Anchor CEI and Inovia Consulting Group. Staff ranked the three based on criteria including experience with related projects, qualifications and availability of staff, demonstrated ability to meet schedules and pricing constraints. The firms were ranked in order: Inovia, Dewberry, Anchor. A Board Action Request to the Commission to enter into negotiations with the highest-ranking firm has been drafted. a Inovia Engineering firm was ranked highest and selected by the City Commission. Staff met with Inovia on March 21 and conducted a site visit. Pending proposal submittal. Inovia Engineering firm submitted a proposal that was reviewed by staff, modified by Inovia and approved. Awaiting final proposal for signature and beginning of project. 2. Resilient Florida Planning Grant - COA Adaptation Plan $67,000 (24PLN12) a) This award is funding for preparing a infrastructure plan for flood protection. The City of Apalachicola will complete the City of Apalachicola Adaptation Plan Project to include an Adaptation Plan consistent with the Florida Adaptation Planning Guidebook. The project will include public outreach and stakeholder engagement. Agreement signed 3/20/24 and project procurement is underway. b) Bay Media Services was awarded the contract for this scope of work at the June City Commission meeting. 1Workshop is planned for later this fall, following completion of Vuinerability Assessment. c) Project pending completion ofVA update (June 2025). 3. Resilient Florida - Comprehensive Vuinerability Assessment $272,500 (22PLN10) a) The City of Apalachicola will conduct the City of Apalachicola Comprehensive Vulnerability Assessment project to include an update to the 2017 Vulnerability Assessment. This includes the impact of sea-level rise, storm surge, and rainfall flooding. The impacts of flooding will be projected and mapped over a planning horizon that extends to 2070. Critical assets, vulnerable infrastructure, and historic properties at risk will be identified. Comprehensive plan amendments to comply with the Peril of Flood statute and adaptation strategy recommendations will also be included in the Project. 2 $200,000 in supplemental funding was awarded as part of the VA help resolve identified data gaps and will result in the City digitizing its infrastructure facilities including water distribution lines, sewer and stormwater. b) Data Gap infrastructure mapping 100% complete. Exposure Analysis 100% complete. Sensitivity Analysis 100% complete. Focus Area Identification 100%. The updated VA is expected to be completed by the end of March with a presentation to the commission April 8. C) All deliverables except final report have been submitted and approved. Anticipate final report submittal by the end of May for completion of project. 4. Resilient Florida - Wastewater Plant Repairs $13,381,516 (22SRP17) + SLFRP WWTP Headworks & SBR Relocation, Replacement and Upgrades for Advanced Wastewater Treatment $5,551,875 (WG038) = Total $18,933,391 for WWTP Relocation/Replacement a) These grants combined are to replace and repair critical wastewater facility components and to relocate the facility to ensure it is out of the flood zone. The project will ensure that the City is storm ready for years to come! b) The project is at 85% design and the permit applications have been submitted and is currently sitting at 60% complete. Currently, final design is underway which includes biological process modelling, and process equipment selection. c) DEP is creating an amendment to WG038 to combine the budget into one line item to ensure that there are no issues with the ARPA funding pools in the future. (completed in August 24) d) Pay Request 41 has been submitted to DEP for payment 8/12/24 and has been reimbursed via advanced pay. e) Pay Request 5 submitted December 2024. Updated cost estimates exceed existing funds; Gouras & Associates / Dewberry working with DEP to finalize scope of work to be completed with existing funds and submit additional funding applications. f) New budget split based on cost overruns has been developed by Dewberry Engineering and submitted to DEP for review, the City along with Gouras continue to interface with DEP to solidify the plan to complete WG038 before the end of the period of performance and to continue the project via 22SRP17 and additional funding to be secured. g) Completion of plans currently scheduled for March 2025! i. Plan set has been split into 2 phases. Phase 1 can be completed within the current funding allocated to this project - City staff and consultants are seeking funding for Phase 2. ii. The plant will be operation after Phase 1 is complete. Phase 2 work will be completed as soon as additional funding is secured. iii. Projected construction start date: JULY 2025 - PENDING DEP APPROVAL TO BID iv. Projected initiations of operations date: December 2026 V. Projected construction end date: December 2026 h) DEP has authorized the City to move forward with two separate bid packages (Package A/ / Package B). This will allow utilization of all funds that expire in September 2026 (Package A), while also allowing the City to apply for additional funds needed to complete Package B. Packages will be: i. Package A: Construction of headworks, electrical building, and in-plant reuse system. Owner direct purchase and storage of long-lead components of Package B. All items to be purchased will become permanent components of the facility (i.e., no movable equipment). Total Construction Budget: $9.75M. This will fully expend funding from WG038. ii. Package B: Construction of remaining WWTP components, including already purchased/stored ODP components. Total Construction Budget: $15.25M. This will expend remaining funds from 22SRP17 and will require additional funding to complete. iii. The engineer currently estimates that Bid Package A will be ready for bid by mid-June 2025, and Bid Package B will be ready for bid as early as July 2025. i) The City will pursue Resilient Florida funding to supplement Package B. Applications will be accepted beginning July 1, 2025 3 Florida Commerce Formerly DEO): 1. Rural Infrastructure Fund - Water Treatment Plant Improvements, Potable Water Studies $147,000 (D0225) a) This grant wille evaluate existing conditions, create an enhanced sampling plan, hydraulic modeling, treatability studies and alternatives analysis. Engineering firm, Dewberry, is in progress and these studies are 45% complete! b) A one-year extension request has been requested to complete this project - it was executed mid- September and the deadline is now May 2025. Dewberry's work continues. c) The report has been completed! Deliverables and reimbursement requests are being drafted to send in to Commerce to close this project out in the coming months. d) Commerce had questions on the final report - Dewberry is reorganizing the report to be more in line with the grant deliverables. e) Final report accepted - reimbursement requested 5/21/25. Project is in close out! 2. Rural Infrastructure Fund - Drainage Basin Analysis Phase Il + Camera Work of Stormwater Lines $300,000 (D0260) a) This grant will fund an analysis of the drainage basins that border Apalachicola River and Bay. The proposal also includes funding to begin camera-work of the stormwater lines in Phase 1. The project aims to document all stormwater conveyance characteristic, both structural and natural, along with deficiencies of each that have contributed to localized flooding within 18 drainage basin areas totaling 310 acres in the city. The City will then prioritize repairs in areas where localized flooding is present and plan for water quality treatment at the stormwater outfalls which discharge into the Apalachicola River and Apalachicola Bay. Basins 11 and 3 were covered by the 2018 grant. This grant application would address the following basins: 1, 2, 4,5, 6, 7,8 8, 9, 10, 12-19 b) Agreement signed 2/1/24. Grant administration with grant continuing services procurement approved at. July City Commission meeting. Task order to engage Dewberry Engineering drafted; currently in review by Florida Commerce. Request for contract extension drafted, pending Commerce approval. c) Contract extension approved 10-14-24. Pending Dewberry mobilization. d) Engineers are currently conducting the drainage basin investigation in accordance with the agreement requirements. Field investigation work is complete. Pending a July workshop to update commission on issues found. 3. CDBG-DR - Avenues Stormwater Repair Project $3,891,869 ($29,000 City Cash Match) (M0016) a) This grant is to fund repairs and upgrades for the avenues stormwater drainage system. Dewberry is the engineering firm for this project. b) Quotes received for drainage pipe inspections and route. survey. Existing conditions CCTV survey was completed. The engineer received videos and reports which have been analyzed. The engineer worked with contractor to revise scope and cost for drainage pipe survey. c) An amendment request was submitted on 5/10/2024 to add CE&I as a reimbursable task and to extend the period of performance through September 2025. d) Meetings were held with Commerce's consultant (KPMG) to discuss project progress and reiterate that the project must be finalized by 09.30.2025. e) Engineering: i. Engineering: Survey is 100% complete. Design and permitting are 100% complete as of 02.28.2025. The project engineer is developing technical specifications and bid documents. f) Environmental: i. The ERR was certified on 01.02.2025. The Combined Public Notice of FONSI/NOI- RROF/Final Floodplain Notice was posted to the City's website on 01.02.2025 and the City accepted comments through 01.22.2025. FONSI documentation and HUD Form 7015.15 were submitted to Commerce's environmental team on 01,31.2025. Commerce issued environmental clearance / AUGF on 02.19.2025. g) SCHEDULE: i. Projected Bid Date Begin bidding in June 2025 ii. Projected Start Construction: September 2025 Hl. Projected Complete Construction: March 2026 4 h) Plans / drawings were provided to Commerce's environmental team on 04.11.2025 for review. i) Comments were received from Commerce on 04.23.2025. j) The engineer is currently making revisions to the plans to address Commerce comments. 4. CDBG-DR - Hometown Revitalization (Riverfront) $4,400,000 ($70,000 Private Owner Match + $313,365 City Cash Match) (M0034) a) This grant is to revitalize the businesses and public areas in the riverfront district. This work includes private business's docks along with public docks, sidewalks, lighting, and parking areas. b) Certifications and liability agreements have been distributed to all owners matching funds have been requested from owners 30-days prior to bidding the project. c) The City Commission planned to amend the scope for the Popham Building to just design and partial demolition as the deliverables. After several meetings, Commerce agreed with the scope change presented by the City and it has been incorporated into the scope. d) Meetings were held with Commerce's consultant (KPMG) were held in. June to discuss project progress and reiterate that the project must be finalized by 09.30.2025. e) The engineer has continued work on survey drawings, environmental evaluations, permit applications, and preliminary and schematic designs. (Note that construction activities cannot commence until Commerce approves the Environmental Review Record.) The project engineer reported the following for April: i. Plan Set 1: 1. Design and plans for Plan Set 1 along Scipio Creek sites are complete. An Opinion of Probable Costs for Plan Set 1 has been finalized. SUBMITTED to City of Apalachicola. 2. CDBG-DR NEPA Environmental Review is ongoing. 3. Edgewater Group has continued with the environmental permitting process developing permit documentation required for the USACE, Section 10 issues regarding regulated wildlife and State 404 permitting needs. 4. Comment responses to RAls from agencies is completed. 5.The Cultural Resource Assessment Survey (CRAS) for the Riverfront Revitalization project is completed. TGEA completed an onside evaluation of thei final streetscape route. Minor concerns were noted and recommendations for excluding a small area of sensitivity will be provided. 6. Overall no encumbrances to the project are expected. 7.F Participated in meeting to discuss Commerce concerns and actions necessary. 8. Updated plan set to reflect scope removals requested by the City, Resubmitted to the City. ii. Plan Set 2: 1. Design and plan drawings of the proposed Water, Commerce and 4th Street upgrades are complete - Signed-Sealed and submitted to City of Apalachicola. 2. Permitting for Plan Set 2 is underway. With 100% Plans submittal, permitting team will finalize the permit submittal for review. 3. Final geotechnical tasks are completed and the final geotechnical report and recommendations has been submitted. 4. The Cultural Resource Assessment Survey (CRAS) for the Riverfront Revitalization project has completed. 5.No updates for the CRAS for Plan Set 2. 6. Components of Plan Set 2 required modification based on comments from the CRAS team. Some removal of impervious surfaces occurred and pervious pavement details were modified based on CRAS recommendations. lii. Popham Building: 1. Hammond Design Group (HDG) is 95% on construction documents for the approved deck area at the Popham Building site. HDG is finalizing structural engineer details. iv. Environmental Review Record: EA Form Completion, Wetlands Worksheet Completion, and Floodplain Worksheet completion are scheduled for this week. Final drafts will be submitted to Commerce for review/comment. 5 f) SCHEDULE: i. Best case August depending on how long environmental clearance and Commerce authorization takes. g) Letters mailed and emailed to private owners on 5/22/25 requesting their matching funds be deposited to the City by. July 1, 2025 or they risk being removed from the bid plan sets. 5. CDBG-DR - Hill Community Project $935,753 ($910,000 Funded + $25,000 City Cash Match) (M0033) a) This project is to revitalize three (originally 5, two locations dropped out by choice) businesses within the Hill through exterior work and renovations each location's scope differs. This project is also to create sidewalks and lighting in the Hill area to spur economic development through walkable connectivity. Gouras and Associates is the grant administrator and CDG is the engineering firm working on the plans. Certifications for the private business owners have been prepared and sent to each owner to ensure that the program guidelines are being met by all parties. b) The City Commission finalized the scope of the Sidewalk & Lighting project at a special meeting on 2/20/24 after workshopping the previously approved scope. The below image shows the final scope of these improvements these are subject to Commerce approval. The cost of materials has increased during the progression of this grant, SO the priority for the funding willl be sidewalks first with primary focus on MLK and the 8th Street section. Apalachicola CDBG Sidewalk Scope Legend SDEWALKS ACMATMSTREEIeMISTREL & 70h Street Sdewak ANDDR.I MARTNLUTHERK KNG. JR. AVENUE & BhStreets Sdewak & MKJ Jr. Avenue Side - Ab) d) Florida Commerce and the City held a TA call on 4/29/2024 to discuss scope changes requested by the City. Changes to the sidewalk layout based on public feedback was discussed, as well as structural issues that have been identified for several commercial buildings. e) Liability Agreements were created by the City Attorney and distributed to the business owners. Project guidelines were also provided. Meetings to discuss these documents are scheduled with business owners. 3/3 project beneficiaries have submitted their signed documents. A meeting was held with the remaining property owners and FloridaCommerce to review grant requirements; as a result of this meeting, Commerce subsequently confirmed participant eligibility, pending submission of additional documentation from the participant. The City has continued to work with property owners to finalize agreements between the City and the Property Owner for utilization of CDBG funds for project activities. f) An amendment has been received from the engineer to modify the sidewalk layout and update the scope of engineering to correspond with modified building scopes; this was submitted to Commerce for authorization to execute on 07.03.2024. g) Environmental Clearance / AUGF issued by Commerce 01.02.2025 h) Game Room owners requested the City Commission obligate extra funding towards their building - 6 Commission met in March 2025 and stated they would be interested in obligating additional funding towards the Game Room location (upwards of 240k) in order to fully renovate the building as requested by the owners. Staff proceeded with a request to Commerce to amplify the Game Room scope. i) April 2025, Commerce issued a determination that the Game Room cannot be completed as a construction component of this project due to structural instability of the building in conjunction with the limited time and budget available to complete all project activities. In lieu of reconstruction, Commerce offered to provide a complete plan set (including structural assessment) that would allow the property owners to repair the building with their own funding source at a later time. a. Game Room owners were sent this determination on 4/18/25 and a deadline to accept or refuse the accommodation was set for May 2nd. The deadline was extended to May gth. Multiple attempts to offer assistance or coordinate a meeting for the owners t meet with Commerce were made, but no answer was received, J) City Manager issued a letter of removal to the Game Room owners on 5/21/25 - an amendment has been requested to fully remove the Game Room from the scope of work and to modify the window type on the remaining projects. Once the amendment is executed, the remaining two owner projects willl be ready to bid. k) Architectural Update: a. Plans are complete for current scope of work. Modifications to windows on owner locations needed. I) Sidewalk Update: a. Plans nearing completion - City Commission approved final lighting choice at their May meeting. m) SCHEDULE: a. Best case - we could be bidding in June depending on how long Commerce authorization takes. DOS: 1. DHR African American Cultural and Historical Grants Apalachicola History & Culture African American Museum $1,250,000 ($1,000,000 Award, $250,000 City Cash Matching Funds) (23.s.a2.900.039) a) This project is funding the design and construction of a one-story, 2,000SF building with elevated ceilings. Priorities include: security, storage, office space, greeting station/gift shop, breezeway to Holy Family, bathrooms, controlled lighting for displays. b) There was a meeting on 1/16/2024 to show the concept direction of elevations and floor plans for the proposed museum. The third set of concepts was introduced to the City Staff, Commission, and community stakeholders. There was a presentation introducing potential site planning concepts, indoor and outdoor arrangements of display area, and potential exterior plaza configuration. Commission voted on exterior and interior layouts and designs for the museum provided by the architects. The modern style building, second floor plan, and exposed roof style were. all chosen. The next phase is moving these concepts to construction documents - the architect/engineering team is in progress. See the concept design below: 7 B C) d) A public workshop was held. July 2nd for the Architect team to present the 50% plans for the site, building, and space to the City Commission and interested citizens. e) An updated timeline has been communicated to DOS and an extension to. June of 2025 has been granted. The project completion date is estimated to be in December of 2025, SO City staff and DOS are anticipating another 6-month extension to be filed February of 2025. f) Hammond Design to presented 95% Plans to the City Commission 10/8/24. g) A workshop to discuss tile options has been scheduled for 12/3/24 prior to the City Commission regular meeting. Tile options were solidified and plans are very close to completion and ready to bid out! h) City held a workshop on 1/28/25 to discuss options for if the bids come in over budget as expected, City Commission consensus was to move forward with the project aware that the building materials and design might have to be slightly changed in order to stay under budget. i) BIDDING WILL OPEN 3/27! This project is funded through. ARPA, which means the project must be fully closed out by 12/26. Construction must e complete by 8/26 in order to meet this deadline. j) Bids came in around $700,000 over budget. The City Commission met 5/19 to discuss the project scope and next steps. They agreed to re-bid the plans with several optional reductions in order to see if bids come in within the project budget. Architect stated it is unlikely the bids come back in budget, but will attempt to re-bid. There is no additional funding from the program available for cost overages. 2. DHR Special Categories - Old City Hall Phase II Structural Damage $395,000 + $98,750 In-Kind Match ($50,000 Cash Match) 24.h.sc.100.069) a) City was funded for Phase II of the repair/structural work to the old city hall building! Agreement was signed 8/8/23. Bay Media will continue with grant administration as well as 4M Design, Mark Tarmey, on the designs as allowed by DOS. This grant is to secure funding to complete the Old City Hall Renovation and support the ongoing repairs funded through the NPS grant. The purpose is to stabilize the building, by proposing to install an interior rigid steel frame to provide the structural integrity of the building, exterior masonry, and support the historic second floor wood frame. b) Phase II will install structural interior steel framing, additional 2nd floor shutters and interior/exterior masonry work, electrical, plumbing. Admin to schedule staff, architect (4M Design) and contractor (OSP) onside meeting to finalize Phase II scope and develop construction contract. c) Contractor agreement for shutters and windows with Oliver Sperry executed. Scope modification approved by DHR. Construction of first contract deliverables pending arrival of windows and shutters. Building interior has been LIDAR scanned to verify scale and structural dimensions of existing second floor framing with high degree of accuracy for required Structural improvements to second floor framing. Awaiting structural drawings and estimate for remainder of phase II construction work. 8 d) Upstairs windows and shutters to arrive for installation mid December. Structural plans for interior stabilization scheduled to be completed mid December. e) Upstairs windows and shutters installed. f) Structural plans approved and quoted.. Awaiting contract submittal and beginning of work expected to begin in June. 3. DHR Special Categories - City Hall Phase III $340,000 + $30,000 City Cash Match 25.h.sc.100.036) a) DOS reached out 6/18/24 to announce that this project was awarded through the FY25 Special Category Grants program. The phase III funding for City Hall will complete the second-floor structural work, interior/exterior masonry repair of second floor and will complete the mechanical and plumbing not completed in phase II for the first floor and all for the second floor. Additionally, it will provide a second-required stair access to the second level. b) Agreement signed 10/25/24! c) Procurement underway for architect/contractor BAR prepared for City Commission to retain Oliver Sperry as contractor to continue phase Il work upon completion of phase II. d) Procurement underway for architectural services. Work won't begin on this phase until phase II is closed out. FEMA: 1. Hurricane Michael - Bodiford Park Dock Repairs (76103) a) Dewberry engineers completed the engineered plans for this project. Project construction was bid out and awarded to Coastline Clearing in the amount of $53,824 on 4/2/24! Contracts are in progress and work should begin soon. Waiting on an extension from FEMA. Held a call with FEMA and City staff. They requested revised drawings. Once approved, an extension should be granted. b) Drawings approved, extension requested 5/14/25. 2. Hurricane Michael - Scipio Creek Marina Finger Dock Repairs (76103) a) Dewberry engineers completed the engineered plans for this project. Project construction was bid out and awarded to Coastline Clearing in the amount of $74,090 on 4/2/24! Contracts are in progress and work should begin soon. Waiting on extension from FEMA. Held a call with FEMA and City staff. They requested revised drawings. Once approved, an extension should be granted. b) Drawings approved, extension requested 5/14/25. 3. Hurricane Michael - VI Pier Dock Repairs a) Dewberry engineers completed the construction plans for this project the pier falls within the original footprint and no additional permitting is required. FEMA reviewed the original ADA accessible fishing pier plans and a revised plan set was created afterwards for just the original pier- revised set is still pending FEMA review and approval to bid out for construction. b) City staff is re-bidding out the V Pier rebuild plans in anticipation of FEMA funding coming to fruition or the TDC taking over the project. Bids are due by 4/17. c) Bid awarded on 5/19/25 - request to TDC being drafted. FEMA extension requested 5/14/25. FDEM: 1. HMGP Market Street Vacuum Station $120,000 (4399-150-R) with DEO Match of $37,500 (M0142) a) The scope of this project is for the design of a new vacuum sewage station located near intersection of Market Street and Avenue G. The purpose of this project is to provide protective measures to wastewater infrastructure of the historic downtown commercial district in Apalachicola. CPWG Madrid is 90% complete with the engineered plans for the Market Street Vacuum Station - they submitted 100% designs and permits, but there were some remaining issues/priorities in the plans pointed out by staff that are currently being remedied. Monthly meetings with Commerce continue. b) The Engineer submitted all deliverables and staff is reviewing them prior to submitting to FDEM. Once approved by staff, all documents will be uploaded and FDEM will conduct a CBA to determine Phase H. c) Submitted deliverables to FDEM. They have come back and asked for additional documentation from 9 the engineers. Waiting for CPWG Engineering to supply cost estimate documentation! d) CPWG supplied the cost estimate information and then an additional RFI (request for information) was issued and questions were answered 10/24/24. This is a good sign that the construction could be soon funded. e) FDEM has sent multiple RFI's and CPWG engineers are answering as needed. FDEM RFI's have been resolved, DEP Permit RFI: still outstanding. f) More RFI's received in April/May - were answered by CPWG. FDEM requested final plans with all modifications signed and sealed on 5/21/25. 2, HMGP Critical Facilities Generators $241,862 (4399-092-R) with DEO Match of $26,064.75 (M0141) a) This grant will provide protection and storm mitigation by providing City Hall, the police, and fire department with portable generators. One will be at City Hall, the other will be shared by Police and Fire. The purpose oft this project is to provide protection to a critical facility in Apalachicola. The project is for the purchase and installation of an emergency generating system to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. b) The contract with BGN was executed and monthly progress meetings with Commerce continue permitting isi in process and general installation will begin very soon! Generators have been ordered. c) The City is waiting on generators to arrive. The next step is to pour concrete and install electrical. d) Work has begun on this project. The only delay is the generator delivery. Some sizes are back ordered. The end goal is to have both generators installed by October 2024 pending no further shipping delays. e) Generators delivered - work is underway! Generators installed! City to soon seek reimbursement. ) Deliverable and reimbursement package submitted, final inspection has been requested. 3. HMGP Wastewater Vacuum Station Portable Generator $170,000 (4486-007-R) a) For purchase and setup of an emergency generator system to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards at the 108 Avenue F location. (The current generator is too small for the need and this will provide an appropriately sized and portable generator.) b) The bid for this project came in over budget. A budget increase was requested in February, 2024. We are waiting on determination from FDEM. The contractor has guaranteed his price without an increase until June 24, 2024. FDEM approved the cost increase. Waiting for FEMA's approval of the budget increase. c) Budget increase was approved by FEMA, waiting on contract modification from FDEM. State Appropriations: 1. Spray Field & Solar Project $130,000 (LPA0452) a) The original request for this award was for 150 replacement spray heads and installation of 11 solar controllers and supplementary batteries. The spray heads are $553.00 apiece, and the solar installation costs (in total) amounts to $87,880.00 for 22 locations. b) DEP issued an amendment in April 2024 allowing for the funds to be used solely for acquisition of needed parts instead of having to hire out a contractor for the parts and install. This will allow The City to stretch the budget further and be able to buy more spray heads and install them in house procurement is in the works as acquisition quotes will need to be obtained and approved by DEP prior to ordering. Work will be completed by 12/31/25. c) Meeting with DEP was held 2/21/25 regarding procurement ordering of sprayheads is underway! d) Sprayheads have been ordered - City staff is compiling quotes for the remainder of the items needed. e) After all the purchases made for the original scope items (sprayheads, solar panels/batteries, and a single use pump) we only spent $76,409.90 our of our $130,000 appropriation. We requested that the scope of our agreement be amended to reflect the following items, which if purchased would close out this project at around $127,020 out of the original $130,000. All of these items needed are still specific to the City Sprayfields. i. Shut off valves (50, $2,128) We have many shut off valves that were damaged in the past from freezing conditions and they are split and do not work. The handles are also inoperable on a lot of the valves. (Quotes attached.) 10 ii. Road repair materials (oversized concrete, 15 loads, $12,000)- This is needed to repair and bed the roadways to gain access to the spray houses to make the required repairs and install the new parts. The roads currently are in major failure and vehicles are getting stuck in the mud while trying to traverse to and from the locations. ill. Communication system (Rafa Systems LLC., $36,482.25) Our current communication system for the spray field control houses are very outdated and are no longer repairable. This new system could be installed and repaired as needed in the future. The communications system controls the field control houses, which turn the spray fields on and off virtually instead of manually. f) Pending amendment from DEP! Quotes for new items are in the file ready to go for acquisition. 2. Inflow & Infiltration Study $300,000 (LPA0451) a) The City of Apalachicola has an aging infrastructure made of terra cotta pipes and faulty water lines. The City is funded to do an infiltration and inflow study the study will assess local sources of surface water and/or groundwater prior to entering a sewage system. This will be done with typical methods such as smoke testing, dye testing, and visual inspections to locate structural defects or water stains to summarize existing data pertinent to the hydrologic conditions and hydrogeology in the study and surrounding area. This will produce a pre- design report that will detail the scope of the problem in the analysis area, outline design options, and identify the tasks required to complete a resolution to the problem by 6/30/25. b) Award of 1&I Study on March agenda for award - awarded to Dewberry engineers and task order has been signed! C) Extension granted by DEP to 3/27. d) Project completion is at 10%. Dewberry is working on getting their basemap together and plans to begin smoke testing around June 1. 3. Stormwater Pipe Relining & Backflow Devices $100,000 (LPA0140) a) Urban Catalyst is the procured engineer for this project. The following locations in Apalachicola will be addressed: 1) Fred Meyer Street near: 18th Street just east of the intersection, where the road is sinking at a damaged pipe joint; 2) 5th Street between Avenue C and Avenue E., where the road has several areas where the pipe joints are caving in; and 3) Avenue B between 11th and 12th Street. Funding agency does not anticipate that the funding under this Agreement will result in a fully completed project, 5O this award will cover a portion of the work. b) An extension to 6/30/25 was granted - engineering is complete and the City tried to bid out the work with no responses twice DEP agreed for us to be able to obtain quotes to move forward instead of going through the bidding process. Quotes for the final work are being acquired. c) An award for the work on Fred Meyer and exploratory excavation was made at the December meeting. The contract has been signed with. Jason White Construction 1/25. Pending construction. 4. Avenue H Parking Lot $135,013 (HL268) a) The 2024 legislative session funded half of the requested funding for the Avenue H Parking Lot project. This project will provide 39 parking spaçes in an area with very few options for public parking and encourage additional economic activity in the downtown area. Permeable parking will also help with storm water management. Parking for local businesses will be provided additionally, parking spaces will be provided that will be available for parking mitigation by local businesses. b) Agreement received - City Commission gave consensus at February meeting to opt for a gravel parking lot in order to meet the budget constraints. Procurement will soon follow. 5. Fire Hydrant Replacement Phase II $275,000 (Waiting for Agreement) a) The 2024 Legislative session funded the Fire Hydrant Replacement Phase II project. The request was originally for $550,000 to finish out the project, but only $275,000 was funded. The City has worked over the last three years to replace 215 old and noperable fire hydrants throughout the city. There are currently 110 fire hydrants remaining that are still in need of replacement. These new hydrants will benefit residents in close proximity in obtaining homeowners insurance, they will benefit the City with FDEP required flushing of drinking water and will benefit the all City residents with fire suppression and control. The funding should cover 55 of the remaining needed 110 hydrants. b) An agreement has not yet been reçeived report will be updated once the agreement has been 11 executed. C) Introductory meeting with state legislative grants staff held 7/25/24 - state staff stated that an agreement would not be drafted until a purchase order for the hydrants has been approved. City Manager Wade is working on this. d) Pending new City Manager appointment - PO is pending. City Manager will need to work with Rhett Butler to secure quotes and PO. All information in this report is accurate up to 5/22/25 at 12:00PM! If you have questions regarding any of the above projects, please direct your questions to Bree Robinson - City Planner brobinson@cityofapalachicola.com. 12 City of Apalachicola WWTP Monthly Report for May 2025 Some of the items that we have been working on this month are listed below. Recorded all required daily paramcters as outlined by the permit. Completed all required monthly testing as. outlined by the permit. Completed all monthly reports and submitted them on time as outlined in the permit. At the time this report was made, the WWIP treated and discharged 619mg during the month of May 2025. This still leaves 6 more days in the month for extra flow to be accounted for. Staff conducted interviews for the WWIPOperator position andonly found one candidate that was currently licensed. This did nof work out becauseof findings in a criminal background check. Wehavedecided to move forward to an operator traince position again. There is a new employce supposed to start on June 2, 2025, as an operator traince. Staff have discovered that the check valves 01 the blowers are not functioning properly and allowing air to push back through the blowers not running and creating back pressure the mo tor must overcome during start- up and causing the soft start to fail and need to be reset causing problems with adequate treatment. Staff have ordered and installed twoof these check valves sO far and will be replacing the other four in the next few weeks. Staff have continued to remove pine trees in the spray ficlds and pile them for controlled burning with a Department of Forestry permit. This excess oft trees makes it impossiblec to cut properly or safcly with the equipment in these areas. AAG Electric removed reuse pump #1 to repair as part of the reuse grant. The clectric motor was found to be seized up when removed, sO pricing will need to be given for possible repair to the motor as well. T'his separate item would not be part of the reuse grant funding. Staffhavecontinued to install the irrigation spray heads that are part ofthe grant funding for the re use system. Staff are in the process of collecting price bids for repairs and parts as outlined in the grant. Wearec currently waiting for DEP to approve theother items such as valves, rock and the Rafa System for the reuse projcct. Oncethose are ordered and received, we will be installing those as well. Wereceivedsolar pancls for the reuse project. Oneof them has been installed so far. Wer received, the batteries for the solar project as well. Someofthem have already been installed. STREET ADDRESS, CIY,ST/IPCODE T (123) 456-7890 U WVICOMIPANY.CON DEP - inspecied our 1,000 gallon diescl fuel lank and mac some recommendations. Wewill be making thosc changes over the next few wecks. W'edid no! have lo us(' our reject pond during the month of May 2025. 0 Staff havec continued to kecp the grounds cut and presentable at the WWIP. Inmates are heing used by the City of palachicola public works to weed cat around the property again. Staff have continued to work 111 the spray fieks usig the mulcher and the bush hog as well. Staff have had to fake the John Deere 5085E. to Bcard Equipment to have some repairs done to ir. Stalf have (aken a hydraulic cylinder from the John Deere 10backhocto be replaced bccausc of a broken shaft. This part is having to be manufactured al Florida Hoscand Rubber, Staffl have had 1o routincly take apart the Huber screen on the headworks to clean the rags and debris out oft the auger head prior to the discharge point. There was an annual inspection done by Huber to inspect the equipment during the month of May. Staffcleanedou the EQ tank during the month of May. Staff replaced the control wiring for the decanier in SBR 2 for the decant weir. The previous cable was crackedandalloving walct to get inside the wires and was causing failed Icontacts. T'his was creating problems with proper operation of the decanier. Ai the time of this report, 4 loads of sludge have been hauled 10 the Franklin County Landfill for disposal during the month of May. 2 a APALACHICOLA VOLUNTEER FIRE/RESCUE Bi-Monfhly Report calls 44 April 2025 1. Accidents 7. Gas Leaks. 2. Lift Assist EMS 8. Life Flights 3. Bi-Monthly Meetings 9. Plemc 4. Brush Fires 10. Training 5. House Fires 11. Transformer Fires 6. wch 12. Vessels !sH Regponder Call 43 Firefighter Attendance 1. George Watkins 11. =: 2. Fonda Davis 12. Avery, Siett 3. Ginger Creamer 13. 4. Albert Floyd 14. cohn Amisen 5. Rhett Butler 15. Anthony Croom 6. Briemfalfm, 16. Riy Cebrer 7. 'almer Philyaw 17. R-rcks Kislon 8. 18. Shannon Segree 9. Troy Segree 19. Adam Joseph 10. Rick Hernandez 20. Craig Gibson Additional Notes: Recorded by: Date: ELOBID CITY OF APALACHICOLA CODE ENFORCEMENT 192 Coach Wagoner Blvd * Apalachicola, Plorida 32320 * 850-653-8222 CODE ENFORCEMENT OFFICE May 2025 4 (City) ) Tree Permits 6Treel Permits 129 Shortt term Rentals at 64 different locations Dally Phone Inquirles & Emails Answered Daily inspections Code Violation Issues: 2 Short-term Rentals 1- residential (ongoing) Nuisance (Trash, waste, burning, etc.) 3 in progr'ess Encroachment issues (1) on-going Multiple complaints and questions about various code enforcement CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes Attendance: Jim Bachrach, Elizabeth Milliken, Myrtis Wynn, Greg Golgowski Regular Meeting: 6:00 PM 1. Approval of February 10th, 2025 meeting minutes. a. Motion to approve by Elizabeth Milliken; 2nd by Myrtis Wynn. All in favor = motion carried. 2. Review, Discussion and Decision for Accessory Structure. (R-1)(Historic District) @ 121 Coach Wagoner Blvd., Block 89 Lot 9-10. For Jeff Stephens - Owner; Contractor: TBD a. Motion to approve by Elizabeth Milliken; 2nd by Greg Golgowski. All in favor = motion carried. 3. Review, Discussion and Decision for Certificate of Appropriateness & New Construction (R- 1)(Historic District) @ 114 8th Street, Block 69 Lot 3. For Brandon Bogle - Owner; Contractor: Tyler Poloronis a. Dennis Winterringer gave public comment = requested special attention for tree permits and a stormwater management plan. Staff noted that a stormwater management plan would be required during permitting by the building permit clerk/building official. b. Motion to approve contingent upon parking in the rear of the property through the alley but allowing for a parallel parking pad in the front as well, as determined in the architectural review as to be more visually appealing than fully parking in the front by Greg Golgowski; 2nd by Myrtis Wynn. All in favor - motion carried. 4. Review, Discussion and Decision for New Construction (R-2) @ 197 22nd Avenue, Block 236 Lot 16-19. For Ron R. - Owner; Contractor: Tyler Poloronis a. Motion to approve by Greg Golgowski; 2nd by Elizabeth Milliken. All in favor = motion carried. 1 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes 5. Review, Discussion and Decision for New Construction (R-2) @ 191 14th Street, Block 140 Lot 10. For RG Building & Framing Inc. - Owner; Contractor: Ronnie Gooch a. Motion to approve by Greg Golgowski; 2nd by Myrtis Wynn. All in favor = motion carried. 6. Review, Discussion and Decision for New Construction (R-2) @ 190 13th Street, Block 140 Lot 1. For RG Building & Framing Inc. - Owner; Contractor: Ronnie Gooch a. Motion to approve by Elizabeth Milliken; 2nd by Myrtis Wynn. All in favor - motion carried. 7. Review, Discussion and Decision for New Construction (R-2) @ 193 14th Street, Block 140 Lot 9. For RG Building & Framing Inc. - Owner; Contractor: Ronnie Gooch a. Motion to approve by Greg Golgowski; 2nd by Elizabeth Milliken. All in favor = motion carried. 8. Review, Discussion and Decision for Pavers (R-2) @ 108 22nd Avenue, Block 262 Lot 12-15. For James Grater & Kathleen Binder - Owner; Contractor: Self a. Motion to approve by Greg Golgowski; 2nd by Myrtis Wynn. All in favor = motion carried. 9. Review, Discussion and Decision for Accessory Structure (R-1) @ 54 17th Street, Block 113 Lot 3. For Barbara Matheny. - Owner; Contractor: TBD a. Motion to approve by Elizabeth Milliken; 2nd by Greg Golgowski. All in favor = motion carried. 10.F Review, Discussion and Decision for Parking Plan (C-1)(Historic District) @ 51 Avenue C, Block 1. For Gibson Inn LLC - Owner; Contractor: N/A a. City Attorney gave an overview on the process that the Gibson owners have went through to get to this point. He clarified that they are not seeking mitigation or waivers, but are requesting to formally tie in 45 Avenue D to the Gibson property in order to meet their parking requirements set by the LDC. 2 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes b. Cutler Edwards presented on behalf of the Gibson Inn. C. Public CommentDiscussion: i. Bonnie Davis gave public comment = questioned the use of 45 Avenue D and wanted to confirm that if the use of 45 Avenue D changes that it would be subject to P&Z review in the future. Cutler Edwards responded and confirmed that the point of the binding legal agreement is for this purpose as the use of 45 Avenue D would be limited to event space. ii. Board members discussed event space as it pertains to the City LDC = City Planner stated that the LDC does state that the P&Z Board has the ability to assign parking spaces as needed, but historically the P&Z Board has consistently not assigned parking spaces to event spaces. She referenced the most recent application for a wedding pavilion space and the board's determination that parking was not required for it. iii. Bonnie Davis gave public comment and asked it to be made clear what the intent of the structure on 45 Avenue D is and if the intent is to rent it on a regular basis as a venue. She stated that the pavilion mentioned by staff is owned by the state and not subject to the City review so it is not applicable to this situation. She asked that the board assign parking spots to the event space use as applicable. iv. Board member Jim Bachrach asked the City Planner if other spaces in town rent out as venues and if the City requires parking = City Planner responded that almost every bar in the downtown area rents out for weddings and they are not held to a higher standard for the increased density on event days. She also stated that all City parks rent out for weddings and that the pavilion mentioned previously is a similar situation as it was treated the same as any other application and faced P&Z and City Commission review before approval. V. Bonnie Davis gave public comment and stated that everything mentioned was built prior to 1991 sO the ability to require parking is somewhat tied to 3 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes when the structure was put to use. Bonnie Davis stated that if the board does not require parking for the event space then the board needs to define what an event space is and it needs to be made clear that increased density in the future or changing the use of the structure will have to be addressed through a new parking plan. vi. Board member Jim Bachrach asked the City Attorney if this is the intent of the legal document provided to tie in 45 Avenue D? City Attorney confirmed that yes this is the intent of the legal document. If they change the use of the building then they have to come back for a new parking review. vii. Board member Jim Bachrach asked if the event space is removed from the conversation, otherwise does this plan contain all the parking they need to meet the LDC? City Attorney responded yes and that the City has historically not assigned parking for events. He noted that even though the Gibson itself was built prior to 1991 that due to increased density it had to come up to current parking standards. vili. Bonnie Davis asked that the agreement have a default condition specifically laid out in the document. She suggested that these kinds of approvals be recorded as a deed would be so they run with the property. ix. Board member Jim Bachrach asked if the Gibson sold, would the documents we're discussing and requirements also pass along to the new owner? City attorney stated yes, and that the first document that tied in the Taranto lot' was already filed in this manner and any future documents would also follow this method. He agreed that a provision could be added to the document that if the owner wants to repurpose that parking they must seek approval from the City or risk default. X. Cutler Edwards stated that was fine with him as that has been the intent and the goal has been to be transparent all through this process. 4 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes xi. Board member Jim Bachrach asked staff if the current parking plan meets the LDC? City Attorney stated yes and the structure on 45 Avenue D is listed as an event space and storage on the site plan. xii. Bonnie Davis gave public comment and pointed out that this was an opportunity to reformat and tie in the Taranto lot parking lot as well as 45 Avenue D and keep everything tidy. xiii. City Attorney stated that the first parking lot is already tied in legally, but clarifying and including it in the new documents is not an issue if the board would like to see this. xiv. Citizen asked a question = what happens to the parking plan if the City Commission decides to remove parking spaces on Avenue D after a safety study? City attorney replied and confirmed that any changes to the current streetscape will not affect the parking plan. Citizen also asked if there is a definition of event space currently in the LDC - there is not at this time. d. Board Discussion: i. Jim Bachrach asked if the attorney could incorporate the changes discussed to the legal document (default provision and tying in of both parking lots) after a contingent approval = City Attorney said yes. ii. Elizabeth Milliken spoke on the safety concerns at the corner of Avenue D and questioned the priorities of the parking plan drafted by the applicant's project engineer. She referenced the City Commission's recent decision to hire an engineer to look at the corner of Avenue D in lieu of safety concerns. She stated that before this parking plan is approved, she would like to see the parking and safety review on Avenue D and Market Street prioritized. iii. City Planner responsed that the parking plan is being reviewed based on current conditions and while she agreed that there is a safety concern on this corner, the parking plan review cannot be held up based on the decision to have a parking study completed. 5 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room - 74 6th Street Minutes iv. The City Attorney stated that the current public parking on Avenue D is the City's design and responsibility as it is existing parking. He explained that in the event that the City chooses to remove parking from Avenue D, this action does not affect or remove spots from the Gibson's parking plan submission as this is an existing project and application. V. Jim Bachrach agreed that there may need to be some spots eliminated form the Avenue D ROW, but that it doesn't affect their application as that's 'changing the rules after the game has been played.' vi. Greg Golgowski asked if it is the City's responsibility to maintain passable walkways in the City downtown area - City Attorney responded that the current sidewalk in question does meet compliant width. vii. Myrtis Wynn voiced concern on there being too much wiggle room in terms of changing the legal document = she would like for him to make the changes and then bring them back to them for approval. viii. City Attorney stated that any potential changes/provisions could be voiced in the motion and would then be added to the legal document = default provisions and Taranto Lot tie in. ix. Greg Golgowski asked if a definition of event space would be included in the legal document - City Attorney stated that while the City should define this in our LDC, since there is not one at this time it will not be included in the legal document. X. Pete Whitesell spoke as a citizen and noted the importance of the public seeing the legal document before it is finalized. xi. Cutler Edwards addressed Elizabeth Milliken's comments on the parking plan = he clarified that it is based on survey measurements and takes FDOT parking spot dimensions into account. e. Greg Golgowski made a motion to approve, but including the addition of a default provision and declaration that the additional parking lots will all be combined into one document. 6 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes f. Elizabeth Milliken made a motion to table item 10 including review, discussion, and decision for a parking plan until we have in writing all the details for the event space and parking, sO we can read them and understand them, and until the City has a traffic engineer evaluation completed with the emphasis of public safety for pedestrians crossing Market Street from Avenue D. i. Point of order - Greg Golgowski withdrew first motion. ii. City Attorney responded to the motion and stated he is against requiring the applicant to do any of the city's job and the City has already voted to order a safety study on Avenue D, but we have to treat this application like every other application. Run the numbers and be careful about adding anything in that seems to treat this applicant differently than others. iii. Jim Bachrach noted that something that happens 2-3 weeks from now can't affect an application that has been made months ago. City Attorney agreed that we cannot take on-street parking away from an applicant during an open application process. City Attorney stated that changing the parking during the application process is a big red flag, legally speaking. iv. Elizabeth Milliken restated the motion as-is City Planner stated that including the study as part of the consideration in this project is unnecessary, not applicable and against staff and legal advice. V. Elizabth Milliken stated that her motion remains as-is. vi. Motion died due to lack of second. g. Greg Golgowski made a motion to approve the parking plan with the understanding that the contingency of incorporating the changes to the legal document has to happen before the decision is finalized. i. City Attorney restated the motion - Motion to approve subject to the added declaration and adding the specific provision that if the parking and structure on 45 Avenue D is to be repurposed that they must seek the approval of the City and the Taranto lot is added to this declaration. 7 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room - 74 6th Street Minutes ii. Jim Bachrach seconded the motion. He stated that in the event that the City were to remove all parking on Avenue D tomorrow, it would not affect this application or approval in any way = City Attorney agreed. ili. Call for vote = Greg Golgowski and Jim Bachrach in favor, Elizabth Milliken and Myrtis Wynn opposed. Motion died. h. Applicant representative, Cutler Edwards, asked for the reasoning for opposition and direction on how to move forward. i. Greg Golgowski made a motion to table this issue until next month's meeting with the understanding that the modified agreement can be brought back before the board at that meeting and distributed and made available to the public. i. Myrtis Wynn seconded the motion. All in favor = motion caried. j. Greg Golgowski made a motion to request that the City Commission direct the P&Z Board to workshop the definition of event space. 2nd by Myrtis Wynn. All in favor = motion carried. *5 Minute Recess* 11.Review, Discussion and Decision for Sketch Plat (R-2) @ Block 262 Lots 1-7 & 20-30. For It's a Cluster LLC - Owner; Contractor: Poloronis a. Chuck Leonard presented the project. b. City Planner references report and clarifies that while the applicant supplied more documentation than necessary for sketch plat approval, tonight the board is just reviewing the sketch plat documentation. She walked through the plat process as listed in the planner report. C. Applicant presented more details regarding the lot coverage as shown in application materials. d. Kathleen Binder & Jim Grater gave public comment = they mentioned that public notice should be routine for a development of this nature as it does impact the neighborhood. She mentioned a fence dispute with another neighbor and the applicant offered to remedy the fence issue at their own expense. Questions were 8 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes asked in relation to the stormwater best management property = City Planner and P&Z Board confirmed that this will be covered in the Final Plat presentation. e. Greg Golgowski asked if the parking could be moved to the rear of the homes instead of the front yard, just sO 22nd doesn't look like a line of cars at first glance. f. Greg Golgowski made a motion to approve; 2nd by Myrtis Wynn. All in favor - sketch plat approved. Other/New Business: OutstandingUnresolved Issues: City Planner to request permission to workshop stormwater best management practices and incentives from the City Commission at April meeting. P&Z Board requested that City Planner also request to workshop the definition of "event space". Motion to adjourn the meeting by Greg Golgowski; 2nd by Elizabeth Milliken. Meeting adjourned. 9 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, April 14th, 2025 City Meeting Room - 74 6th Street Minutes Attendance: Chair = Joe Taylor, Greg Golgowski, Lee McLemore, Bobby Miller, Myrtis Wynn, Elzabeth Milliken, Jim Bachrach Regular Meeting: 6:00 PM 1. Approval of March 10th, 2025 meeting minutes. a. Motion to approve by Jim Bachrach; 2nd by Elizabeth Milliken. All in favor - motion carried. 2. Review, Discussion and Decision for Certificate of Appropriateness & Accessory Structure. (R-1)(Historic District) @ 101 6th Street. Block 18 Lot 10. For David & Lisa Albright - Owner; Contractor: TBD a. Motion to approve by Jim Bachrach; 2nd by Myrtis Wynn. All in favor - motion carried. 3. Review, Discussion and Decision for Mobile Home (R-3)@ 301 23rd Avenue, Block 227 Lot 6. For Lee Spears - Owner; Contractor: TBD a. Motion to approve by Jim Bachrach; 2nd by Bobby Miller. All in favor - motion carried. 4. Review, Discussion and Decision for Certificate of Appropriateness, New Construction, & Fence R-1)(Historic District) @ 132 7th Steet, Block 65 Lot 3&4. For Bradley & Sara Heinz Owner; Contractor: Construct Group SE Inc. a. Greg Golgowski disclosed ex-parte communication with Dennis Winterringer. b. Motion to approve by Jim Bachrach contingent upon the accessory not being used as a residence; 2nd by Bobby Miller. All in favor - motion carried. 5. Review, Discussion and Decision for Certificate of Appropriateness & Fence (R-1) @ 98 12th Street, Block 83-88 Lot 1-10. For ABC School - Owner; Contractor: TBD a. Jim Bachrach stated that he serves on the ABC Board, but there is no recuse from this discussion. 1 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, April 14th, 2025 City Meeting Room - 74 6th Street Minutes b. Bobby Miller made a motion to approve the fence plan contingent upon a variance for the height being issued by the BOA; 2nd by Myrtis Wynn. All in favor - motion carried. 6. Review, Discussion and Decision for Parking Plan Approval (C-1)(Historic District) @ 51 Avenue C, Block 1. For Gibson Inn LLC - Owner; Contractor: N/A a. Applicant presented their submission. b. Staff presented their comments - City Attorney presented the legal document tying 45 Avenue D to the Gibson. C. Bobby Miller asked if this document follows the development legally? City Attorney responded yes. d. AI Ingle presented during public comment = handout attached. e. Bonnie Davis presented public comment and discussed the written narrative she provided to the P&Z Board and recommended they use it as a final order or insert into the minutes - handout attached. f. Susan Keith presented public comment - her handout was included in agenda packet. Final comments were in regards to grammar corrections needed. g. Jim made a motion to approve contingent upon the grammar corrections be made and with the condition of consent by the lender; 2nd by Bobby Miller. h. Discussion: i. Elizabeth Milliken asked if the document presented by Bonnie Davis is included in the motion and if it could be added? ii. City Attorney stated that the City will use the document as a template for an order if the item is approved, but including the document in the motion is not necessary. The City Attorney will draft an order based on the motion. i. Motion carried 6-1; Elizabeth Milliken opposed. Other/New Business: The City Commission did not move forward with the parking study on Avenue D. 2 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, April 14th, 2025 City Meeting Room = 74 6th Street Minutes Outsandingunvesolves Issues: Joint Workshop with the City Commission is scheduled for Monday, May 12th at 5PM to discuss SBMP and incentives. Motion to adjourn the meeting by Jim Bachrach; 2nd by Greg Golgowski. Meeting Adjourned. 3 THIS INSTRUMENT RETURN TO: Daniel W. Harlman, Esq. 192 Coach Wagoner Blvd Apalachicola, FL32320 850-653-9319 STATE OF FLORIDA: COUNTY OF FRANKLIN: PARKING RESTRICTION AND DEDICATION DECLARA' TION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this "Declaration")t is made and enteredinto this day of 2025, by Gibson Inn, LLC, a Florida limited liability company ("Gibson" or "Declarant") and the City of Apalachicola, a Florida municipal corporation (the "City"). WHEREAS, GIBSON is the owner ofa tract ofreal Property consisting of Lots 8, 9, 10 and part oftheLol7, ofBlock: 2 and) Lots 1 and 2 ofBlock 10in the City of Apalachicola, Parcel ID N0.8)01-095-08W-8330-0002-0070, 01-093-08W-8330-0010-0020 and 01-095-08W-8330- 0010-0010, County of Franklin, State of Florida, more particularly described in Exhibit A attached hereto and incorporated by reference, and intends to restrict the use of the parking located 011 and adjacent to thel Property forthebenefit ofa separate parcel of Property owned by Gibson Inn, LLCI located at 51 Ave C with a Parcel ID No. 01-095-08W-8330-0001-0010 more particularly described in Exhibit B; and WHEREAS, the City is tasked with providing for the public health, safety and welfare within the City which includes approving, regulating and authorizing parking associated with commercial developments within the City; and WHERBAS, GIBSON, as the owner ofthe Properties shown in Exhibits A and B, desires to utilize the parking associated with the Property commonly known as 45 Ave D. and the Taranto Lot(s) (Exhibit A) for the guests and employees utilizing the Properties shown in Exhibits A and B; and NOW, THEREFORE, in consideration of the above premises and for other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Incorporation of Recitals; Certain Definitions. The recitals above stated are incorporated herein by reference. For the purposes ofthis Declaration, the following terms shall have the following meanings: a. "Parking Spaces" shall mean the seventeen (17) parking spaces currently located on 45 Ave D, the nine (9) on street parking spaces attributed to this address, and the thirteen (13) space parking lot created on the Taranto Lot(s) all located on the Properly described in Exhibit A; b. "Improvements" " shall mean all buildings, outbuildings, underground or above ground utility and rrigation installations, slope alterations, roads, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, windbreaks, plants, trees, shrubs, poles, signs, loading areas and all other structures or landscaping improvements of every type and kind located from time to time on the Properties described in the Attachments hereto. C. "Owner" shall mean the record owner of any portion of the Properties. d. "Properties" shall meanl the property described in Exhibits A and B. e. "Site Plan" shall mean the plan reflecting the Improvements located on the Properties. 2. Dedication of AII Parking Spaces. (a) Gibson, as the present fee simple Owner of the Property described in Exhibit A hereby dedicates all on site and attributed street parking associated with the Exhibit A property to the Improvements located on theproperty described in Exhibit B. The Gibson acknowledges that this deprives theproperty describedi in Exhibit A of any onsite or street parking required for any use associated with improvements on the Exhibit A Property. (b) These Covenants and Restrictions were required by the City in order for the Declarant to obtain an approved parking plan for the Improvements found on the property described in Exhibit B. 3. Covenants Running with the Land; Non-merger, The Covenants and Restrictions described in this Declaration shall: run with the land in perpetuity. Itis the intent of Declarant to this instrument to subject its fee simple interest currently held by the Gibson Inn, LLC in the property described in Exhibit(s) A and B to this Declaration. Any existing easement interests shall remain separate and distinct interests attributable to the applicable Property as provided hereunder which shall continue in full force and effect. 4. Changes/Alteration of On Site Parking (45 Ave D and Taranto). The Gibson shall have the right to fromt time to time reconfigure the driveways and parking areas 011 Exhibit A (thc 45 Ave D and Taranto) property as long as such changes will in no way change oralter the total amount of on-site Parking spaces. The Gibson may apply to the City to remove. all or a portion ofthe property described in Exhibit A from the terms of this Declaration upon submittal of a revised Parking Plan for the Exhibit B property which complies with the City Land Development Code parking requirements. Similarly, the Gibson may apply for a change in the use ofthe structure located at 45Ave DI from special event venuei to another use provided that parking sufficient to meet thc parking requirements then in effect are met. Any change of use or loss of onsite parking without appropriate City approval will be a violation of this Declaration. 5. Indemnification The Gibson shall and does hereby, indemnify and hold the City, its legal representatives, employees, successors and assigns (all of whom shall be collectively referred to as the "Indemnitees")! harmless of, from and against any and all loss, cost, expense, suits,judgmentsand liabilities for damages or injuries, of whatsoever kind associated with the purpose and basis for this Declaration ; provided, however, that saidi indemnity andhold harmless shall exclude any and all loss, cost, expense, suits, judgments and liabilities for damages or injuries, of whatsoever kind, whether to persons or property, caused by negligence of "Indemnitee, " or any other person acting under their direction or contract with them, or other third partics. 6. Default. In the event ofa default by the Declarant with respect to any obligations under this Declaration, the City shall provide written notice thercof to the Declarant and the Declarant shall curesuch default within thirty (30) days ofreceipt ofwritten notice ofthe default (ors such longer time period if such default cannot be reasonably cured within thirty (30) days provided that the defaulting party commences a cure within thirty (30) days and diligently pursues such cureofthe default); provided, however, in the event the default involves potential danger to the health or safety of persons then the defaulting Declarant shall cure such default immediately. If Declarant fails to cure the default pursuant to the provisions of this paragraph, then the City may cure such default on behalf of the Declarant and any amount which the City expends for such purpose, or which will otherwise be due by the Declarant to the City, will be paid to the City on demand, without contest, upon delivery of an invoice from the City for the same, together with interest at the lower of(i) the rate of 10% per annum, or (ii) the maximum rate permissible from time to time under applicable law, all from the date of the expenditure to the date of payment in full. 7. Amendment. Except as otherwise expressly provided in the following sentence, this Declaration may not be modified or amended, in whole or in part, except by the written consent ofthe Declarant and City as evidenced! bya an amendment to this Declaration that has been fully exccuted and acknowledged and recorded in the Franklin County Official Records. 8. Waiver. No waiver of any breach ofany covenant orprovision herein contained shalll be deemed a waiver ofany preceding or succeeding breach thereof, or ofany other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligation or act. 9. Severability. If any term, covenant o1 condition of this Declaration or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, theremainderofthis: Declaration shall not be affected thereby: and each such term, covenant or condition of this Declaration shall be valid and enforceable to the full extent permitted by law. 10. Governing) Law. Theterms ofthis Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 11. Notice. Any notices given pursuant to this Declaration shall be in writing, and shall be sent by nationally recognized overnight carrier, personally delivered or deposited in the United States certified mail, postage prepaid, return receipt requested, at the following addresses. Upon the conveyance ofany ofthe Property byt the Declarant or by any successive Owners, the notice address for the new Owner shall be provided either(a) by providing a notice to the City in compliance with the termsofthis Section and by recording a notice describing this Declaration and stating its address for notice with the Franklin County Official Records, (b) through an amendment to this Declaration, or (c) through the vesting deed conveying title to such new Owner. Any Declarant/Owner may change its noticeaddress by providing a notice to the City in compliance with the termsofthis Section and by recording a notice describing this Declaration and changing its address for notice with the Franklin County Clerk's office. 12. Integration. This Declaration is an integrated agreement and expresses the completc agreement and understanding ofthe parties. Any and all prior or contemporancous oral agreement or prior written agreement regarding the subject matter hereof shall be merged herein and then extinguished. 13. Authority. Each party hereto represents and warrants to the other that the execution of this Declaration and any other documents required or necessary to be executed pursuant to the provisions hereofare valid, binding obligations and are enforceable in accordance with their terms. 14. Successors and Assigns. The terms, conditions and requirements of this Declaration shall be binding on and inure to the bencfit of the parties and their respective successors and assigns. 15. Attorneys' Fees. In the event it becomesnccossary for cither party hereto or any subsequent Owner to file suit to enforce this Declaration or any provision contained herein, the prevailing party in such suit shall be entitled to recover, in addition to all other remedies and damages as provided herein, its reasonable attorneys' fees, paralegal fecs and costs incurred in such suit at trial, appellate, bankruptcy and/or administrative proceedings. (Signaturc/Notary pages attached) IN WITNESS THEREOF, the Declarants have executed this Declaration as of the day and year first above written. GIBSON: GIBSON Inn, LLC, a Florida limited liability company Witness: By: Gibson Inn, LLC Address: Its: Manager By: (SEAL) Witness: Steven Etchen, its Manager Address: STATE OF FLORIDA : ACKNOWIEDGEMENT COUNTY OF FRANKLIN: I, the undersigned notary public, do hereby certify that Steven Etchen, Manager of Gibson Inn, LLC, a Florida limited liability company, personally andj physically appcared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and seal this day of 2025. Notary Public for Florida My Commission Expires: EXHIBIT A 45 AVENUE D All of lots elght (8), nine (9), and ten (10), and that part of lot seven (7) adjoining lot elght (8), fronting five (5) feet on fourth street and extending back to the line between lot seven (7) and lot four (4). All In Block two (2) of the Xity of Apalachicola, in the County of Franklin, In the State of Florlda according to the Map or Plat of said City In general use; all of sald lands comprising a Parcel or Tract fronting one hundred elghty-five (186) feet on fourth street extending back one hundred fifteen (116) feet and fronting onel hundred fifteen (115) feet on Avenue "D", Less and except, by Thurman Roddenborry & Assoclates, Inc. Survey contalning job no. 93-399esmt. Dated August 9, 2007: Begln at the most Northeasterly corner of Lot 10, Block 2 of the City of Apalachlcola, as per Map or Plat thereof In common use on file at the Clerk of the Circuit Olfice In Franklin County, Florida, said point also lying on the Northwesterly right-of-way boundary of Avenue "D". From sald point of beginning run South 41 degrees 05 minutes 20 seconds West along sald right-of-way boundary 10,00 feel, thonce leaving sald right-of-way boundary run North 48 degrees 54 minutes 40 seconds West 82,00 feet, thence run North 41 degrees 05 minutes 20 seconds East 10.00 feet to the Northeasterly, boundary of Lot 9, Block "2" of sald City of Apalachicola, thence run South 48 degrees 54 minutes 40 seconds East along the Northeasterly! boundary of Lots 9 & 10, Block "2" of sald City ofApalachicola a distance 82.00 feet to the polnt of beginning. Above parce! being further described on survey by Edwin G. Brown & Assoclates, Inc., dated April 3, 2008, containing Job no. 95-339 psc:31613: Property described In Officlal Records Book 277, Page 250 oft the Official Records of Franklin County, Florida, less and except lands described in Official Records Book 944, Page 171 of the 32 Officlal Records of Franklin County, Florida, being more particularly described as follows: Begln at the Southwest corner of Block' "2" of the City ofA Apalachicola as recorded In Official Record Book "M", Pago 437 of the Officlal Records of Franklin County, Florida, said point also lying on the Intersection of the Northerly right of way of Avenue "D" and the Northeasterly right of way of Fourth Street and also sald polnt belng tho polnt of beginning; thençe leaving said polnt of beginning run along sald Northerly right ofv way Avenue D, North 40 degrees 41 minutes 17 seconds East 105.211 feet to a point lying on the Southwesterly boundary of lands as described in Officlal Record Book 944, Page 170 of the Officlai Records of Frankiin County, Florida; thence leaving sald Northerly right ofway of Avenue D run along sald Southwesterly boundary line North 48 degrees 64 minutes 18 seconds Wost 82.00 feet to a point lying on the Northwesterly boundary of lands as described In Official Record Book 944, Pago 170 of tho Official Records of Franklin County, Florlda; thence leaving sald Southwesterly boundary run along sald Northwesterly boundary North 40 degrees 41 minutes 17 seconds East 10.00 feet to a polnt lying on the Northeasterly boundary lIne of Lots 8: and 9 Block' "2" of the City of Apalachicola; thence run along sald Northeasterly boundary lne of lots 8 and 9, run North 48 degrees 64 minutes 18 seconds west 97.131 feet to a re-bar marking the Northeast corner ofLot 8 Block "2" ofthe City of Apalachlcola; thence South 43 degrees 36 minutes 35 seconds West 115.33 foot to a nall and cap lying on the Northeasterly right of way of Fourth street; thence run along sald Northeasterly right of way South 48 degrees 64 minutes 40 seconds East 185.01 feet tot the point of beginning. Less and excopt: The Northerly 15 feet of lands as described in Officlal Record Book 277, Page 250 of the Officlal Records of Franklin County, Florida and being more particularly described as follows: Commence at the Southwest corner of Block' "2" of the City of Apalachicola 88 recorded In Officlal Record Book' "M", Page 437 of tho Official Records of Franklin County, Florida, said polnt also lying on the Intersection of the Northerly right ofv way of Avenue "D" and the Northeasterly right of way of Fourth street; thence run along sald Northeastorly right of way North 48 degrees 54 mlnutes 40 seconds West, a distance of 170.01 feet to the point of beginning; thence leaving said point of beginning and sald Northeasterly right of way run North 43 degrees 36 minutes 35 Beconds East, a distance of 116.33 foet to a set re-bar lying on the Easterly boundary line of Lot 8 Block "?" oft the Clty of Apalachlcola as described in Official Record Book 277, Page 250 oft the Official Records of Franklin County, Florida; thence run along said Easterly boundary of Lot 8, North 48 degrees 64 minutes 18 seconds West, a distance of 15.00 feet to a found re-bar marking the Northeast corner of sald Lot 8; thence South 43 degrees 36 minutes 36 seconds West, a distance of 115.33 foet to a nail and cap lying on the Northeasterly right of way of Fourth street; thence run along sald Northeasterly right of way South 48 degrees 54 minutes 40 seconds East, a dIstance of 15.00 feet tot the point of beginning. Also; A portion of property descrlbed in Official Records Book 963, Page 270 In the Public Records of Franklin County, Florlda. Being more particularly described as follows: Begin at the Southwest comer of Block "2" oft the City of Apalachicola as recorded In Official Record Book' "M", Page 437 ofthe Public Records of Franklin County, Florida, said polnt lylng on the Intersection of the Northerly right of way Ine of Avenue "D" and the Northeasterly right of way, 3 line of Fourth street, sald point also being the point of beglnning; thence leaving sald point of beglnning run along sald Northerly right of way Iine of Avenue D, North 40 degreos 41 minutes 17 soconds East 105,34 feet; thence leaving sald Northerly right of way line of Avenue D, run North 49 degrees 01 minutes 08 seconds West 82.12 feet, thence run North 41 degrees 03 minutes 09 seconds East 10.04 feet; thence run North 48 degrees 57 minutes 29 seconds West 82.19 feet to a rod and cap; thence run South 43 degrees 35 minutes 38 seconds West 115.39 feet to a nall and cap said polnt lying on the Northeasterly right of way line of sald Fourth street; thence run along sald Northeasterly right of way line South 48 degrees 67 minutes 03 seconds East 170.10 feet to the point of beginning. TARANTO LOTS ALL OF LOTS ONE (1) AND' TWO (2) OF BLOCK TEN (10) OF THE CITY OF APALACHICOLA, COUNTY OF FRANKLIN, AND STATE OF FLORIDA, ACCORDING TO A MAP OR PLAN OF SAID CITY! IN MOST GENERAL USE, EXHIBIT B The land referred to hereln below Is situated In the County of Franklin, State of Florida, and Is descrlbed as follows: PARCEL 1 ALL OF LOTS 1 AND 2, THE SOUTHEASTERLY HALF OF LOT 3, THE EAST 14 FEET OF THE NORTHWESTERLY HALF OF LOT: 3, AND ALL OF FRACTIONAL LOT 8, OF BLOCK 1, OF THE CITY OF APALACHICOLA, FLORIDA, AS RECORDED IN DEED BOOK "M", PAGE 437, OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA, NOWI IN COMMON USE. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED, AS A WHOLE. AS FOLLOWS: BEGIN ATA AN IRON ROD AND GAP (MARKED #7160) MARKING THE MQST WESTERLY SOUTHWEST CORNER OF THE SOUTHEASTERLY HALF OF LOT 3, BLOCK "1", OF THE CITY OF APALACHICOLA, FLORIDAAS RECORDED IN DEED BOOK "M", PAGE 437 OF THE PUBLIG RECORDS OF FRANKLIN COUNTY, FLORIDA; THENCE RUN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST 20.00 FEETTO A' "X" MARK IN CONCRETE; THENGE RUN SOUTH 48 DEGREES 40 MINUTES 38- SECONDS EAST 161.79 FEET TO AN "X" MARK IN CONCRETE; THENCE RUN NORTH 56 DEGREES 44 MINUTES 39 SECONDS EAST 97.06 FEET TO A NAIL AND CAP (MARKED 7160); THENCE RUN-NORTH-27 DEGREES 47 MINUTES 06 SEGONDS WEST 223,83 FEET TO AN IRON ROD AND CAP (MARKED #7160); THENCE RUN SOUTH 53 DEGREES 37 MINUTES 11 SEGONDS WEST 6.13 FEET; THENCE RUN SOUTH 39 DEGREES 12 MINUTES 66 SECONDS WEST 61.97 FEET" TO AI REBAR; THENCE RUN SOUTH 49 DEGREES 40 MINUTES 56 SECONDS EAST 30.66 FEETT TO A HOLE PUNCH IN CONCRETE; THENCE RUN SOUTH 41 DEGREES 19 MINUTES 22 SEÇONDS WEST 86.00 FEET TO THE POINT OF BEGINNING. LESS AND EXOEPT ALL THAT PROPERTY CONTAINED IN THAT CERTAIN AGREEMENT BETWEEN THE CITY OF APALACHICOLA, AND THE GIBSON VENTURE, AS RECORDED IN OFFICIAL RECORDS OF FRANKLIN COUNTY, FLORIDA, VOLUME 221 PAGE 109, OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN. AT AN IRON PIPE MARKING THE MOST WESTERLY SOUTHWEST CORNER OF THE SOUTHEASTERLYI HALF OF LOT: 3, BLOCK "1", OF THE CITY OP APALACHICOLA, FLORIDA AS RECORDED IN DEED BOOK "M", AT PAGE 437 OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA/ AND RUN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WESTI AI DISTANCE OF 19.50 FEET TO AI POINT ON THE BACK OF A CONCRETE CURB, THEN SOUTH 48 DEGREES 40 MINUTES 38 SECONDS EAST ALONG SAID BACK OF CURB A DISTANCE OF 151.97 FEET TO THE INTERSECTION OF SAID BACK OF CURB WITH THE BACK OF A SIDEWALK, THEN NORTH 66 DEGREES 58 MINUTES 16 SECONDS EAST ALONG THE BACK OF SAID SIDEWALKAND THROUGH A CONCRETE MONUMENT, A DISTANCE OF 97.06 FEET TO AN IRON PIPE, THEN NORTH 27 DEGREES 21 MINUTES 51 SECONDS WEST ALONG THE BACK OF A SIDEWALKA DISTANCE OF 223,72 FEET TOAN IRON PIPE, THEN LEAVING SAID BACK OF SAID SIDEWALK RUN SOUTH 53 DEGREES 04 MINUTES 53 SECONDS WEST. A DISTANCE OF 6.19 FEET TO AN IRON PIPE ON A LINE 50 FEET SOUTHWESTERLY OF AS MEASURED ATI RIGHT ANGLES TO AND PARALLEL WITH THE CENTERLINE OF PAVEMENT OF MARKET STREET - STATE ROAD NO, 30 (U,S. 98), THEN SOUTH 27 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 196,32 FEET TO AI POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF SAID BLOCK "1" THEN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST ALONG SAID BOUNDARY LINE THROUGH, AN IRON PIPE A DISTANCE OF 77.5B FEETTO AI POINT ON THE SOUTHWESTERLYI BOUNDARY LINE OF SAID BLOCK "1", THEN NORTH 48 DEGREES 40 MINUTES 33 SECONDS WEST ALONG SAID BOUNDARY LINE Al DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING, PARCEL2 ALL OF LOTS ONE (1). AND TWO (2) OF BLOCK TEN (10) OF THE CITY OF APALACHICOLA, COUNTY OF FRANKLIN AND STATE OF FLORIDA, ACCORDING TO A MAP OR PLAN OF SAID CITYIN MOST GENERAL USE, -BonnieDavis Planning and Zoning Board Proposed Order on Gibson Inn Parking Plan April 11, 2025 This cause came on with an application filed on April 23, 2021, by the Gibson Inn for approval to build an Addition to the historic Gibson Inn. The Addition would provide additional hotel rooms, include a swimming pool, and add dining capacity. In addition to the original historic Gibson Inn and the Addition, at this time, the entire Gibson Complex, which was brought under common ownership, also includes: a separate historic structure, the Buck (Hayes) House, which has been renovated for use as a hotel; two vacant lots (the old Taranto house site); the property at 45 Avenue D (the old A&P) which contains a vacant historic structure and a paved parking lot; and an outbuilding. On January 10, 2022, this Board approved the site plan for the Addition with several conditions that were to be met before a building permit was issued and construction commenced. At issue here is the condition that there be a parking plan that complied with the Land Development Code. Thereafter the Gibson obtained a building permit and commenced construction, although the parking plan was not formally approved or denied by this Board or the City Commission. On February 23, 2023, the Gibson, by letter, agreed to dedicate the Taranto house site lots for the exclusive purpose of parking for the Gibson Complex. A number of substantial revisions were proposed by the Gibson for its parking plan over the course ofthe next three years. A revised parking plan was submitted by the Gibson for the September 3, 2024, City Commission meeting, but withdrawn at the request of the Gibson. A parking plan with further revisions was submitted for 1 consideration at the January 7, 2025, City Commission meeting. This parking plan which would have achieved compliance through a combination of physical on-site spaces; off-site spaces; parking mitigation by cash payment, as provided in the Land Development Code; and further mitigation by parking waivers for historic structures, based on the presence of the original Gibson Inn and the Buck (Hayes) House. The parking plan was before the City Commission because the Commission is vested with the power to grant parking mitigation. The Commission granted a waiver of eight spaces, the maximum allowed, for the original Gibson Inn; tabled the requests for the Buck (Hayes) House; and tabled for further refinements regarding the number, configuration and dimensions of parking spaces, including handicapped parking. At the February 4, 2025, meeting the Gibson presented a revised plan that dropped fee-based mitigation and added the Avenue D (the old A&P) property, dedicating all its physical on- and off-site spaces to the Gibson and requesting a waiver based on the presence ofthe vacant historic structure (the old A&P) on the property. The Commission denied a waiver for the Buck (Hayes) House and deadlocked on whether to grant the request for a waiver for the Avenue D historic structure (the old A&P). Subsequently the Gibson presented a newly revised parking plan for consideration at the March 4,2025, City Commission meeting. In this plan, a request for further historic structure waivers was dropped, and therefore the City Commission voted to refer the plan to the Planning and Zoning Board for final approval. This Board considered the March 4, 2025 plan at our March 10th meeting. In this current plan, compliance with the Code hinges on two factors: 1) significantly reducing the Food and Beverage capacity of both the Gibson Inn and the Addition, thereby lessening 2 the required parking spaces for patrons and staff; and, 2) dedicating all of the physical on-site and off-site parking spaces attributable to the Avenue D (the old A&P) property to the parking requirements of the Gibson Inn, the Addition, and the Buck House. One consequence of this proposal is that no on-site or off-site parking would be available to meet any parking requirements that arose from any use of the Avenue D building (the old A&P) for which a parking requirement would be imposed by the Code. The Gibson stated that as an aspirational goal, the Avenue D (the old A&P) property would be renovated for use as an event venue in case of rain for events scheduled at the Gibson Complex. The term event venue is not defined in the Land Development Code, and we note that the City has not addressed whether any parking requirements for event venues are imposed by the Code. We approve this March 4, 2025, plan, as shown on Exhibit attached to this order, and as itis further memorialized in the Parking Restriction and Declaration, Declaration of Covenants and Restrictions, appended to this Order as Exhibit which is to be recorded as a dedication and covenant running with the land, and find that it meets the current requirements of the Code. However, approval is based on the express recognition that, due to the factors that brought the Gibson into parking compliance, should the Gibson desire to increase the Food and Beverage capacity of the Complex, or change the use of the Avenue D property causing a parking requirement to be imposed, the Gibson would be required to obtain prior approval of a revised parking plan that would achieve continued compliance with the Land Development Code. 3 Al Ingle ETCHEN P&Z PARKING ISSUES 04_13_25 WITH REGARDS TO THE CURRENT PARKING PLAN: 1. Do all five (5) intersections meet the visibility/setback requirements? What Muni Code or other ordinances is your basis for compliance? For residential (GENERAL Section 111-288), it is 50' from the intersection of the two streets. 2. The six (6) spaces on the east side of 4th St, abutting the building/fence, eliminate any sidewalk continuance along that street. Is this allowed by Muni Code? If yes, please specify. 3. The eight (8) spaces on the 4th Ave Overflow Parking Lot do not allow for any turning radius. Cars entering and embarking from one of these spaces must encroach into both Ave Clanes. Ihave never seen this arrangement ever, anywhere. (Look at the current arrangement and notice that the vehicles are parked deeper into the lot to allow for proper ingress/egress.) See attached picture of the current parking lot. 4. Is this parking plan handicapped compliant? Gibson Inn, LLC, must be made accountable for compliance as there is a specialized legal industry in ADA litigation. What State/Federal provisions were used to create this parking plan? 5. Where are the proposed loading/unloading zones? Reference 109-51 Site Plan Requirements (2) b. X. And: General 111-288 (i) (7) Off-Street Loading and Unloading COMMENTS (included in P&Z packet) Jesse Whitesell Comments = Good points, believe that Gibson Inn, LLC, is doing its best to enact this new parking system. Susan Keith Comments - Good, all issues need to be addressed prior to approval. Bonnie Davis Comments - Good, all issues need to be addressed prior to approval. 3 wP CITY OF APALACHICOLA BOARD OF ADJUSTMENT QUASI-JUDICIAL PUBLIC HEARING WEDNESDAY, MAY 28th, 2025 City Meeting Room - 74 6th Street Minutes Attendance: City Planner - Bree Robinson, City Attorney - Dan Hartman Chair - Carrie Kienzle, Dodie Alber, Tricia McLemore, Diane Brewer, Chris Presnell, Dennis Winterringer Quasi-ludiciall Public Hearing: 6:00PM 1. Review & Discussion for proposed 6' fence in the "front yard" of the parcel located at 98 12th Street (R- 1/Historic District), more specifically described as Block 83, 84, 87, 88 Lots 1-10. Applicant is requesting approval ofa 6' fence surrounding the entire perimeter within the required 'front yards'. For Apalachicola Bay Charter School - Owner; Represented By: Felipe Caquimbo a. City Planner referenced the proof of notice for the request as found in the agenda packet, The comments from the letters are available within the agenda packet. b. Board members disclaimed any ex-parte information received - no one submitted any ex- parte information. C. City attorney provided a brief description of all documentation being entered into the record. (Written evidence that the board is making their decision based upon. This included: the agenda packet and applications, the staff findings report, letters received, and any ex-parte communications presented. Dan also noted that this includes public comments made in the meeting,) d. Applicant representative presented their application, referenced agenda packet. a. Board member Dennis Winterringer asked why they are replacing the whole fence when only some sections need it - applicant responded that the fence has been pieced together over time, they have the funding to replace it all, and would like for it to be fully updated. e, City Planner presented planner report. f. There was no public comment, therefore no applicant or staff rebuttal, g. BOARD DELIBERATION: a. Diane Brewer made a motion to approve the variance for the 6' height. Dodie Alber seconded the motion. b. Discussion: i, N/A C. Vote called - all in favor. Variance approved. CITY OF APALACHICOLA BOARD OF ADJUSTMENT QUASI-JUDICIAL PUBLIC HEARING WEDNESDAY, MAY 28th, 2025 City Meeting Room - 74 6th Street Minutes Other/New Business: City Planner stated this would be last BOA meeting as her last day with the City will be June 6th, Outstanding/Uhresolved Issues: Dodie Alber made a motion to adjourn the meeting, Diane Brewer 2nd. - meeting adjourned.