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HomeMy Public PortalAbout02272023 City Council Regular Meeting Agenda Packet CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 27, 2023 6:00 P.M. CITY COUNCIL CHAMBERS The Public is invited to view our meetings on the City of Crestview Live stream at https://www.cityofcrestview.org or the City of Crestview Facebook Page. You may submit questions on any agenda item in advance (by 3:00 p.m. the day of the meeting) to cityclerk@cityofcrestview.org. 1. Call to Order 2. Invocation, Pledge of Allegiance 2.1. Pastor Jeff Childers of The Shepherd's Church 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Presentations and Reports 6. Consent Agenda 6.1. Approval of the minutes of February 13, 2023 6.2. Appointment to the Crestview Housing Authority 7. Public Hearings / Ordinances on Second Reading 8. Ordinances on First Reading 8.1. Amendment to the Code of Ordinances Chapter 38 - Property Maintenance and Housing Standards 9. Resolutions 10. Action Items 10.1. City Manager Annual Performance Evaluation 10.2. Support in Developing EPA WIFIA Loan Application 10.3. Permission to secure price for fire trucks 10.4. Letter of Support for Mayor JB Whitten Page 1 of 134 11. City Clerk Report 11.1. Appointment of Bryan Follmar as a full member of the Planning and Development Board 11.2. Planning and Development Board Volunteer Needed 12. City Manager Report 12.1. Financial Update - Finance Director 12.2. Fire Department Report - Fire Chief Anthony Holland 13. Comments from the Mayor and Council 13.1. Appointment of Ray Nelson to the Citizen's Advisory Council 13.2. Letter of Support for Restoring Passenger Rail in Pensacola/North Florida 14. Comments from the Audience 15. Adjournment All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. Florida Statute 286.0105. Notices of meetings and hearings must advise that a record is required to appeal. Each board, commission, or agency of this state or of any political subdivision thereof shall include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency, conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The requirements of this section do not apply to the notice provided in s. 200.065(3). In accordance with Section 286.26, F.S., persons with disabilities needing special accommodations, please contact Maryanne Schrader, City Clerk at cityclerk@cityofcrestview.org or 850-628-1560 option 2 within 48 hours of the scheduled meeting. Any invocation that is offered before the official start of the City Council meeting shall be the voluntary offering of a private person, to and for the benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Council or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. Persons in attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered. A person may exit the City Council Chambers and return upon completion of the opening invocation if a person does not wish to participate in or witness the opening invocation. Page 2 of 134 CITY OF CRESTVIEW Item # 6.1. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 2/17/2023 SUBJECT: Approval of the minutes of February 13, 2023 BACKGROUND: Routine approval of City Council minutes. DISCUSSION: The draft minutes were distributed prior to the meeting. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Staff respectfully requests a motion to approve the minutes of February 13, 2023. Page 3 of 134 Attachments 1. 02132023 City Council Meeting Minutes Draft Page 4 of 134 City Council Minutes - DRAFT February 13, 2023 6:00 p.m. Council Chambers 1.Call to Order The Regular Meeting of the Crestview City Council was called to order at 6:00 p.m. by Mayor JB Whitten. Board members present: Mayor Pro-Tem Andrew Rencich, Council members: Doug Capps, Cynthia Brown, and Ryan Bullard. Also present: City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney Jonathan Holloway, and various staff members. Councilmember Joe Blocker, was excused. 2.Invocation, Pledge of Allegiance 2.1.Elder Sylvester Echols from the First Church of God in Christ The Invocation and Pledge of Allegiance was led by Elder Sylvester Echols of the First Church of God in Christ. Mayor Whitten extended the Invocation to include the moment of silence for Malcolm Haynes, who recently passed away. 3.Open Policy Making and Legislative Session Mayor JB Whitten announced Councilmember Blocker was excused and declared there was a quorum. 4.Approve Agenda Mayor JB Whitten asked for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Cynthia Brown to approve the agenda, as amended. Councilmember R. Bullard requested that the Presentation from the S.W.A.T. team be combined with Item 8.1. Roll Call: Cynthia Brown, Andrew Rencich, Douglas Capps, and Ryan Bullard, Ayes. All ayes. Motion carried. 5.Presentations and Reports 5.1.Moment of Silence for Mr. Malcolm Haynes Presented under Invocation. 5.2.S.W.A.T. Club - Crestview High School The Crestview High School S.W.A.T. Club presented the no-smoking, no-vaping request. Moved to Item 8.1 6.Consent Agenda Mayor JB Whitten called for action. Page 5 of 134 Motion to Councilmember Cynthia Brown and seconded by Councilmember R. Bullard to approve the Consent Agenda, as presented. Roll Call: Cynthia Brown, Andrew Rencich, Douglas Capps, and Ryan Bullard, Ayes. All ayes. Motion carried. 6.1.Approval of the January 23, 2023 Regular Meeting Minutes 7.Public Hearings / Ordinances on Second Reading None brought forward. 8.Ordinances on First Reading 8.1.Create Legislation and Conduct an Open Forum for Council to Discuss a Smoking and Vaping Ban in City Parks Mayor JB Whitten introduced Ordinance 1917 and asked the Crestview High School S.W.A.T. team to come forward. The Crestview High School S.W.A.T. Club came forward and Lauren Woodward, the president, explained they are students working against tobacco and support legislation against tobacco use. The Club asked the Council to consider the ban on smoking and vaping stating they are passionate about the Council passing the legislation, as it is such a big problem, with the youth. The team mentioned the litter and environmental and health concerns. Mayor Whitten thanked the team for presenting. Councilmember C. Brown thanked the club for their work but she considers the legislation a government over-reach. City Manager Tim Bolduc presented Ordinance 1917 to the City Council stating the history of HB105 that allows cities to ban smoking in parks. He mentioned Councilmember R. Bullard had brought the issue up several months ago. He then asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read Ordinance 1917 by Title: An Ordinance of the City of Crestview, Florida, Providing For Authority; Providing For Amending Chapter 58 of the Code of Ordinances to Prohibit Smoking Within City-Owned Parks as Authorized by Chapter 386.209 of the Florida Statutes; Providing For Filing of This Ordinance With the Clerk of the Circuit Court of Okaloosa County; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of All Ordinances or Parts of Ordinances In Conflict Herewith; and Providing for an Effective Date. Discussion ensued on health concerns and representation of all taxpayers’ rights. Page 6 of 134 Motion by Councilmember Ryan Bullard and seconded by Councilmember Douglas Capps to approve Ord 1917 on first reading. Roll Call: Douglas Capps, Ryan Bullard, Ayes. Cynthia Brown, Andrew Rencich, Nays. Motion failed, as the vote ended in a tie. Mayor Pro-Tem A. Rencich stated he wanted to get more engagement from the citizens and voiced concern about enforcement. He requested community engagement. Councilmember C. Brown said we need to have more public input. Councilmember R. Bullard said he brought the ordinance forward in order to protect the children. Children play in the parks, and they are being placed at risk. The Mayor and City Council applauded the students for their presentation. 9.Resolutions 9.1.Annexation Fee Moratorium Extension City Manager T. Bolduc introduced Resolution 2023-06 stating the purpose is to extend the moratorium on fees, as we continue to incorporate areas. City Manager T. Bolduc asked the City Clerk to read the Resolution. City Clerk Maryanne Schrader read the Resolution by title: A Resolution of the City of Crestview, Florida, Amending the Comprehensive Fee Schedule, Providing For a Twelve-Month Waiver Period for the Collection of Annexation Application Fees; Providing For Severability; Providing For Repeal of All Resolutions or Parts of Resolutions In Conflict Herewith and Providing For an Effective Date. Mayor JB Whitten called for Action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Douglas Capps to approve Resolution 2023-6. Roll Call: Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard, Ayes. All ayes. Motion carried. 10.Action Items 10.1.Blackwater Golf Course Entrance and Parking Lot Improvements City Manager T. Bolduc said this item was brought up by Councilmember Capps at a previous meeting regarding finishing the golf course. During discussion, improvements to the gates was brought up, and Councilmember Bullard mentioned the state of the asphalt. He reviewed the quotes received, stating the total for all is $102,850 or $98,850 without the gate openers. He added this is the last piece to finish the golf course. Contract negotiations will be discussed at the next Crestview Page 7 of 134 Unlimited meeting. Discussion ensued on the good quote on asphalt paving pricing, the issue with the gate openers tending to break quickly, and that our maintenance workers are available to open and close the gates. Councilmember R. Bullard requested that the motions be discussed separately. Mayor JB Whitten asked about the contractor, and their responsibilities. City Manager T. Bolduc clarified that there were cuts in the original contract because of cost overruns. He added that Crestview Unlimited would not pay for this improvement. Motion Councilmember R. Bullard to accept Top Notch Painting and Cleaning LLC for the Blackwater Golf Course parking lot improvement. City Manager T. Bolduc explained the Council would have to approve the deviation from the purchasing policy. Discussion ensued on the painting cost, the timeliness in completing the project, the value of separating each contractor for the project, and the need for a warranty. Motion by Councilmember R. Bullard and seconded by Councilmember C. Brown to accept Top Notch Painting and Cleaning, LLC for the Blackwater Golf Course parking lot improvement and to deviate from the purchasing policy to select from the middle bidder for painting. Roll Call: Cynthia Brown, Ryan Bullard; Ayes. Andrew Rencich, Douglas Capps Nays. Motion failed. Motion Councilmember A. Rencich and seconded by Councilmember D. Capps to follow our purchasing policy and accept the lowest bid from Sergio’s Painting and Small Repair, LLC. City Manager T. Bolduc explained the low bidder process and his spending authority, adding the staff believes the proposal meets all requirements. City Attorney J. Holloway also explained the purchasing manual which states the city awards to the lowest and responsive bidder. Mayor Pro-Tem Andrew Rencich withdrew his original motion, seconded by Councilmember D. Capps. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember D. Capps to accept all three contractors, as presented. Page 8 of 134 Motion by Mayor Pro-Tem Andrew Rencich to amend the motion to approve the recommendation from staff. Final amended motion: Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember D. Capps to approve the recommendation from staff and to include eliminating the gate opener. Roll Call: Cynthia Brown, Ryan Bullard; Andrew Rencich, Douglas Capps, Ayes. All ayes. Motion carried. 11.City Clerk Report City Clerk Maryanne Schrader announced a sign with a QR Code is now displayed outside of the Chambers for anyone to scan to display the agenda and packet from their device. She mentioned that Housing Trust Group contacted her to determine whether the Council could attend a groundbreaking for Princeton Grove, an affordable housing project. It is scheduled for March 14, at 11:30 a.m. at 475 Aplin Road. She also mentioned the Northwest Florida League of Cities Summer Conference will be held April 28, 2023 in Ft. Walton Beach. 12.City Manager Report 12.1.Tentative Budget Workshops and Hearings City Manager T. Bolduc mentioned the budget retreat schedule for July 6th as an all- day event. He mentioned workshops are set for August 14th and August 28th, and September 12th and 28th are reserved for the budget Hearings. The Hearings are held for TRIM compliance. He asked that Council look at the dates. He briefed the Council on the CDC and Base meetings he has had on childcare concerns. He has spoken to the CDC on affordable housing issues, as well. He announced Crestview Commons is moving along with late Spring as the target opening date. He has also met with Texas Roadhouse, and they are moving forward and hope to open before the end of the year on their new site. 13.Comments from the Mayor and Council Mayor JB Whitten asked for comment from the City Council. Councilmember R. Bullard mentioned the roof repair at the gym at Twin Hills stating we are working on getting it fixed. City Manager T. Bolduc explained the roof leaked, and the gym was shut down in that area. It will cost about $65,000 for the repair and $125,000 to replace the roof. We are holding off while we work on a solution and the overall plan. Councilmember R. Bullard also asked about the employee assistance program, stating he has spoken to the city manager and will continue the conversation. He added the weeds at the corner of Highway 85 and John King Road in the median need to be cleaned up. Page 9 of 134 Mayor Pro-Tem A. Rencich said he will set up a Town Hall meeting to determine the citizens’ needs on the smoking and vaping ordinance. Mayor JB Whitten said the Bush House celebration went well. Councilmember C. Brown agreed, as she was in attendance. Mayor JB Whitten said the billboards are up and Signs of Hope have donated space for the Opioid Awareness campaign. A task force has been created. Dr. Brown and he made a presentation to the School Board, as well. Mayor JB Whitten mentioned the evaluation for the city manager is due by the end of this month. City Manager T. Bolduc said Jessica will send out the information to the Council. Mayor JB Whitten asked for a resolution or a letter of support for his run for the second vice president for the Florida League of Cities. In response to Councilmember C. Brown’s request for a back-up for the Okaloosa County Library Cooperative, Councilmember R. Bullard accepted. 14.Comments from the Audience Mayor JB Whitten asked for public comment. Shannon Hayes came forward. He thanked the Mayor and Council for several items and mentioned his brother, Reverend Hayes, a Crestview resident is speaking at the National Baptist Convention of America in Nashville, Tennessee. He invited the Council to attend an event for another of Crestview’s own on February 17 at 6 p.m. at the Carver Hill Museum. He asked that the lights be looked at, particularly in District 1, as there are numerous outages. Loyd Childree of Waste Pro, Director of Government Affairs, came forward to address the Council and stated the complaints went to corporate. A management change was made last Wednesday. He has spoken to the members of the Council regarding the complaints. He met with Michael Criddle, and he drove with one of the team members to view the issues. Waste Pro has ordered more trucks, and they picked up 21 tons of yard waste. Waste Pro will continue to bring trucks in from other areas to get things cleaned up. 15.Adjournment Mayor JB Whitten adjourned the meeting at 7:07 p.m. Minutes approved this __ day of __, 2023. _____________________________________ JB Whitten, Mayor _____________________________________ Maryanne Schrader, City Clerk Page 10 of 134 Proper Notice having been duly given Page 11 of 134 CITY OF CRESTVIEW Item # 6.2. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 2/22/2023 SUBJECT: Appointment to the Crestview Housing Authority BACKGROUND: The Crestview Housing Authority has a vacancy on the Board. DISCUSSION: The bylaws for the Crestview Housing Authority require the Mayor of the City of Crestview to appoint its board members. Upon being notified of a vacancy, the City Clerk advertised for applicants to fill the vacancy. Upon receipt of the applications, Mayor JB Whitten, interviewed the applicants. As a result of the interview process, Mayor Whitten is appointing Wendy Neel. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT N/A Page 12 of 134 RECOMMENDED ACTION Staff respectfully requests a motion to accept the appointment of Wendy Neel to the Crestview Housing Authority. Attachments None Page 13 of 134 CITY OF CRESTVIEW Item # 8.1. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Tim Bolduc, City Manager DATE: 2/23/2023 SUBJECT: Amendment to the Code of Ordinances Chapter 38 - Property Maintenance and Housing Standards BACKGROUND: In April of 2021, the City Council adopted Ordinance 1813, repealing and replacing the health and sanitation code. Over the last two years, the Code Enforcement Division has been widely successful in improving the quality of life for Crestview residents by ensuring a minimum standard of housing and property maintenance During this time period, the compliance officers identified some areas of the code that required clarification. DISCUSSION: The proposed ordinance amends Chapter 38 of the Code of Ordinances to provide clarity and address certain areas of the code that were previously left out. The following provides an example of some of the areas which have been amended. 1. Definitions – several of the current definitions in Chapter 38 lack the clarity to assist property owners in understanding what is required. Several of these include the definitions for yards, developed, vegetative state and weeds. 2. Section 38-20 – The changes provide for a clear understanding of the owner's responsibility for properties that are undeveloped and left in a vegetative state. 3. Section 38-64 – Clarified the duties of the Building Official and Fire Marshal as it relates to Code Enforcement and defined "Like Materials." 4. Section 38-65 – Clarified the requirements for skirting under a structure, maintenance requirements for exterior finishes, repair and maintenance of window and door openings, limitations on "boarding windows," clarification on roof maintenance, standards for exterior electrical systems, standards for pool safety, and clarification on fence maintenance. 5. Section 38-66 – Clarification was provided on accessory structures’ allowable uses and maintenance requirements. 6. Section 38-69 – Clarification was provided on the maintenance of vacant buildings. 7. Section 38-70 – Clarification was provided on various unsightly conditions to include exterior finishes that are not maintained and temporary covers. The list provides an overview of the proposed changes. The attached strike-through and underlined copy of the section of the code will provide better clarity on the changes in context with the code in its entirety. GOALS & OBJECTIVES Page 14 of 134 This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Infrastructure – Satisfy current and future infrastructure needs. Communication – To engage, inform and educate public and staff. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Safety – Ensure the continuous safety of citizens and visitors. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT There is no direct financial impact on this item. RECOMMENDED ACTION Staff requests a motion to approve Ordinance 1918 on 1st Reading and move to 2nd Reading for final adoption. Attachments 1. Chapter_38 Strikethrough Ord 1918 - 23-0223 Page 15 of 134 ORDINANCE: 1918 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING CHAPTER 38 PROPERTY MAINTENANCE AND HOUSING STANDARDS, OF THE CODE OF ORDINANCES; PROVIDING FOR INTENT; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida Statutes, and Section 2 of the City Charter. SECTION 2 – INTENT. This Ordinance is intended to amend sections of Chapter 38 of the Code of Ordinance Property Maintenance and Housing Standards for the purpose of providing a clear and concise set of regulations to protect the health, safety, and welfare of the citizens of Crestview. SECTION 3 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 4 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk. SECTION 5 – ORDINANCE TO BE LIBERALLY CONSTRUED. This ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 6 – REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 7 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 13TH DAY OF MARCH, 2023. Approved this 13th day of March, 2023. _____________________________________ J. B. Whitten Mayor ATTEST ______________________________________ Page 16 of 134 Maryanne Schrader City Clerk Chapter 38 PROPERTY MAINTENANCE AND HOUSING STANDARDS ARTICLE I. DEFINITIONS Sec. 38-1. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cover- Any device, equipment, container, close-fitting tarpaulin, chain, rope, wire, or line used on vehicles to prevent any part of a vehicle load to shift, blow, leak, fall or escape in any manner from the vehicle. Developed- Any lot, tract, or parcel which is currently improved or has been improved in the past. Improvements include but are not limited to clearing, development orders, parking lots, building structures, drainage systems and utilities. Enforcement agency- The City of Crestview Police Department, Code Enforcement Division, and designee. Front yard-Any yard as described in the City of Crestview Land Development Code. Graffiti- Any unauthorized writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye, or other similar substances on public or private buildings, structures, or places, regardless of the content or the nature of materials, not permitted under the City Code and ordinances. Hazardous trees- A tree is considered hazardous if it has defects, is diseased or is dying, that may cause the tree to fall on the right-of-way, adjacent property resulting in property damage, personal injury, or death. Litter-Refuse and rubbish, including, but not limited to, paper, bottles, cans, glass, crockery, scrap metals, plastic, rubber, yard trash, tar paper, lumber, masonry, concrete, drywall, packaging and crating materials, tree, and shrub trimmings, leaves and disposable packages and containers. Nuisance- An unlawful act, or omission of the performance of a duty, or the suffering or permitting any condition or thing to be or to exist, which act, omission, condition, or thing either: (1) Injures or endangers the comfort, repose, health, or safety of others; (2) Offends decency; (3) Is offensive to the senses; (4) Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch, or drainage; (5) In any way renders other persons insecure in life or the use of property; (6) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others; (7) Is declared by ordinance to be a nuisance; or (8) Is declared by state law to be a nuisance or public nuisance. Preserve areas- Vegetative areas required to be preserved by law. Property owner-The owner of any lot, tract, or parcel as listed in the current Okaloosa County tax records. Public right-of-way- The paved and unpaved area of a highway, roadway, street or alley, or other such strip of land, reserved for public use, whether established by prescription, easement, dedication, gift, purchase, eminent domain, or any other legal means. Rear yard- Any yard as described in the City of Crestview Land Development Code. Page 17 of 134 Recreational vehicle- Any vehicle used for recreational purposes such as, over-sized vehicles, travel trailers, camping trailers, motorhomes, private motor coaches, any vehicle designed as temporary living quarters for recreational, camping, or travel use which either has its own mode of power or is mounted on or drawn by another vehicle, van conversions, park trailers, fifth-wheel trailers, and other similar type vehicles. Salvaging- The controlled removal of valuable or useful material from solid waste for utilization. Side yard-Any yard as described in the City of Crestview Land Development Code. Special magistrate A licensed attorney and a member of the Florida Bar appointed by the City Council. The special magistrate has the authority to subpoena witnesses and records, order rulings on violations, assess fines and order liens to be placed upon property. Storage-The interim containment of litter in an approved manner, such as by use of roll-off containers, wire fencing, wood fencing or other controlled measures, after generation and prior to proper and final disposal. Unauthorized accumulation- The accumulation of litter on residential or commercial properties in violation of any of the provisions of this division. This shall not include building materials used in constructing or repairing a building or stored for future construction or repairs. Vegetative State- The state of a lot, tract or parcel in which the property is covered in natural vegetation native to the area. Weeds- Plants that by reason of abandonment, lack of care or lack of maintenance choke outgrowth, or other plant material in the area. Dead, dying, or unattended plant life, named or unnamed, which is abandoned or overgrown. Written corrective notice/Notice of Violation- A written statement issued to the violator of any of the provisions of this division, identifying and specifying the violation, the date of issuance, the corrective measures to be taken and the date by which the correction is to be completed. ARTICLE II. ENFORCEMENT; PENALTIES; ABATEMENT; NUISANCE CORRECTION Unless stated otherwise, violations of this chapter are punishable as provided for in article II. Imposition of the penalty provided in this section shall not prohibit a court from imposing civil penalties for violations of any of the provisions of this chapter, including, but not limited to, picking up litter or performing other labor commensurate with the offense committed. Sec. 38-2. Enforcement authority. The City of Crestview Police Department, and the Code Enforcement division shall enforce this chapter. Police officers are hereby authorized to issue citations, court summonses, to make arrests, and to issue written corrective notices, to persons violating this chapter. Code enforcement officers are hereby authorized to issue written corrective notices and citations, in accordance with this chapter. Sec. 38-3. Right of entry by city. The city manager or designee shall have the right to enter upon real property, and shall be immune from prosecution, civil or criminal, for trespassing upon such real property, in the discharge of the duties in removing, terminating, or abating a public nuisance as described in this Code. Sec. 38-4. Illegal litter prosecution. Violation of any of the provisions of this chapter shall be initiated by the enforcement agency who witnesses such offense or has sufficient probable cause to believe that such offense has been committed, or who discovers an article of litter bearing the name or address of a person on the property of another, or on any public property. It shall be presumed that any article of litter discovered, is the property of such person whose name or address appears thereon, and that such person placed, or caused to be placed such article of litter on the property of another or public property. This presumption is based on the tenet that all generators of such litter are responsible for such litter until such time as it has been properly disposed of. Page 18 of 134 Sec. 38-5. Corrective notice, citations, to abate nuisances. Whenever the code enforcement division, the building official, or any other authorized designee becomes aware of, or finds that any nuisance condition exists, it shall be their duty to immediately give written notice to the owner of the property. The notice shall be mailed by certified mail, by personal service, or by posting such notice on the property, directing such person to remove, terminate and abate such public nuisance within the time specified in the notice, with the time for compliance beginning on the date of the mailing, personal delivery, or posting as the case may be. The written notice shall include a sufficient description to identify the property upon which the public nuisance exists, a description of the public nuisance to be terminated, and a statement notifying the owner that if the property remains in violation after the specified time frame, a citation may be issued, a notice to appear may be issued, a public hearing before the special magistrate may be held, or the city will cause the nuisance to be abated and all costs, fees including administrative costs, and the city shall cause a lien to be placed on the property for all such costs. If the certified mailing is not signed for by the property owner, or if the property is unoccupied, or vacant, then posting of the notice upon the property shall constitute sufficient notice to the owner, and no additional notice shall be required for any action pursuant to this chapter. Citations shall be issued pursuant to chapter 24 of the City of Crestview's Code of Ordinances. All citations, notices, and court summons issued, shall be maintained by the issuing authority for public inspection during normal office hours. Sec. 38-6. Remedy for noncompliance with corrective notice. If a person served with a corrective notice fails to comply with the notice within the period stipulated, the council may cause the property to be cleaned up and the nuisance abated. The cost for such cleanup shall be billed and mailed via certified mail to the last known address of such owner. If such bill is not paid within 30 days from the mailing date, the city shall cause a lien to be placed on the property for the amount expended on the nuisance abatement, including administrative costs, which amount shall accrue interest at the applicable prejudgment interest rate until the lien is satisfied. The lien shall contain the authority for the lien imposition; the legal description of the subject real property; the name of each title holder of record as of the date the lien is prepared, according to the records of the county property appraiser; and the amount of the lien itemized as to charges and costs. Sec. 38-7. City clerk duties. The city manager shall furnish a copy of the lien to the city clerk who shall, upon receipt of such document: (1) Cause a copy of the lien to be entered in a book, which shall be prepared and kept for that purpose by the city clerk. The book shall show the title holder of record, the amount of such cost, the date of completion of the work and a legal description of the property upon which the lien is placed. A certified copy of the lien shall be recorded in the official records of the county; and the original of the lien shall be kept on file as a public record in the office of the city clerk. (2) Upon entry of the copy of the lien into the lien book, cause a copy of the lien to be sent by certified mail, return receipt requested, to each title holder of record according to the records of the county property appraiser on the date the notice was mailed. Sec. 38-8. Finality and priority of lien. The lien shall be effective and final against the real property upon which the work has been done from the time of entry of the copy of the lien into the lien book. Liens in the lien book shall take priority as of the time of the entry therein. With respect to liens recoded in the official records of Okaloosa County, lien priority shall be based on the time of recording unless otherwise required by applicable statutes. Sec. 38-9. Payment and enforcement of lien. Each of the liens provided for in this action may be paid within 90 days after the publication of the notice of assessment and lien without interest. Thereafter, the lien, including administrative costs and the cost of the publication of the notice of assessment and lien, together with interest at the applicable statutory rate for judgment as established in F.S. § 55.03, and the costs of collection, shall be a lien against the property and shall be collected and enforceable in the same manner as is provided by law for the enforcement of other taxes levied upon the property. Page 19 of 134 Sec. 38-10. Rates and charges. The city manager or designee shall cause to be prepared a current schedule of rates, charges and costs that may be assessed by the city using its own equipment and personnel for abatement of public nuisances, as provided in this chapter, and shall file such schedule with the city clerk. If no rates are filed, the rates charged shall be consistent with the rates allowed for labor, equipment and materials by FEMA for reimbursement or as charged by a contractor hired by the city. Sec. 38-11. Judicial proceedings for nuisance abatement. Whenever, in the judgment of the city manager or designee, it is necessary for the city to obtain the assistance of the courts to remove, terminate or abate a public nuisance, and in all cases in which the person in possession of the property involved has refused the city manager or designee entry upon such property, the city manager or designee shall request that the council commence and maintain all necessary actions in a court of competent jurisdiction to assist the city in carrying out its responsibilities under this chapter. Such actions may encompass any or all the following proceedings: (1) An application for an injunction or restraining order, whether temporary or permanent, to prevent a person from maintaining or continuing to maintain any of the conditions declared in this chapter to be public nuisances, or to compel a person to remove, terminate or abate a public nuisance as provided in this chapter or to compel the performance of any act specifically required of a person to remove, terminate, or abate a public nuisance; or (2) To empower the city manager or designee to enter upon any property whereon a public nuisance exists or is maintained for the purpose of removing, terminating, or abating such nuisance and to prevent the person in possession of such property from interfering with the city manager or designee while exercising this power in accordance with the court's order. Sec. 38-12. Judicial proceedings as last resort. The judicial remedies authorized to be sought by this section are in addition to the power of the city manager to terminate public nuisances granted in this chapter. The manager or designee shall, as much as possible, terminate public nuisances without recourse to the courts. Sec. 38-13. Contractor as city's agent. Whenever the city manager has contracted with a private contractor to terminate a public nuisance, as provided in this chapter, the remedies authorized in this chapter to be sought for the city manager or designee and the city may be sought by the city manager or designee on behalf of the private contractor, to the extent that they are necessary to enable the private contractor to terminate the public nuisance. Sec. 38-14, 38-15. Reserved. ARTICLE III. DECLARATION OF GENERAL NUISANCE Sec. 38-16. Purpose. The purpose of this article is to establish minimum standards for the maintenance, upkeep, and appearance of improved or unimproved premises; to minimize impacts of construction; and to provide a just, equitable and practicable method to preclude: (1) Residential and commercial buildings, structures, and premises from causing and/or endangering the life, limb, health, property, safety, or welfare of the public or theirs; (2) Diminished property values; or (3) Detracting from the appropriate appearance of the residential area, by way of example: Page 20 of 134 a. Failure to remove abandoned property, litter, or debris; or b. Failure to cut and/or remove the accumulation of weeds, grass, or uncultivated vegetation. Sec. 38-17. Property nuisances prohibited. No person shall cause, permit, allow or suffer any of the conditions described in this section to occur or exist upon any lot, tract or parcel of land, improved or unimproved, or in any building thereon, in the city, to an extent and in a manner that such lot, tract or parcel of land or building is or may reasonably become infested with or inhabited by rodents, vermin, reptiles or wild animals, or may furnish a breeding place for mosquitoes, vermin or reptiles, or may threaten or endanger the public health, safety or welfare or where the condition of the unmaintained property will negatively impact the peaceful use or value of surrounding properties. Such conditions are hereby declared to be public nuisances and may be abated as such. Sec. 38-18. Nuisance conditions. A public nuisance includes, but is not limited to, the following actions or omissions: (1) Failure to maintain property in accordance with the standards set forth in this section or Code in general. (2) Accumulation or open storage of trash, debris, garbage, tires, vehicle parts, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. (3) Any condition that provides harborage for rats, mice, snakes, other vermin, or pests except on pristine lots and in preserve areas. (4) Any building or structure which does not meet the requirements of the Florida Building Code, or this code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. (5) All unnecessary or unauthorized noises and annoying vibrations, including animal noises, generators, and activities not germane to the zoning district. (6) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches. (7) Hazardous trees that potentially may fall on adjacent properties or rights-of-way shall be removed. (8) Any condition constituting a fire hazard. (9) Any worn-out, scrapped, partially dismantled, non-operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (10) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non-operative, unusable, or discarded, as provided in this chapter. (11) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed 12 inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Bushes, trees and other landscape ornamentals shall be maintained in a manner that will not create any unsafe or unhealthy conditions. Landscape features shall be maintained to ensure that the growth of such feature does not damage any structure. Sec. 38-19. Duty of property owner. It shall be the duty of the owners, or other persons in control of property within the city to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. Page 21 of 134 Sec. 38-20. Duties for developed, undeveloped property. The owner, or person in charge or control of the property, developed or undeveloped, within the city shall cut down and remove all weeds, grass, and undergrowth on said property when said weeds, grass, or undergrowth exceeds 12 inches in height. Vegetative material growing in the abutting right-of-way shall not exceed 12 inches in height for both developed and undeveloped properties. Undeveloped properties or those properties that have returned to a vegetative state must be maintained in a manner that will prevent nuisances in this chapter or those of a criminal nature from occurring. Sec. 38-21. General standards. (a) All vacant lots shall be free from potential fire hazards, to include but not be limited to dead trees, loose branches, and palm fronds. (b) All vacant lots, including the area between the edge of pavement in the street and the lot line, shall be kept free from dry vegetation, accumulation of weeds, grass, and uncultivated vegetation: (1) Which present a visual blight upon neighborhoods; (2) Which may harbor insect or rodent infestations; (3) Which may likely become a fire hazard; (4) Which result in a condition which may threaten the health and safety or the economic welfare of abutting or adjacent property owners; or (5) All grasses or weeds, and uncultivated vegetation, shall not exceed 12 inches in height on vacant lots including the area between the edge of the pavement in the street and the lot line. (c) Motor vehicles are prohibited from parking on or driving across any portion of a vacant lot, except for: (1) Areas designated and approved by the community development services director; and (2) Where the owner of the vacant lot has given written permission to the vehicle owner or operator. Sec. 38-22. Preserve areas. In preserve areas all maintenance requirements shall be determined by the department of environmental protection, except that the entire property shall be kept free of trash, debris, and litter. Sec. 38-23. Landscape materials. Landscape materials shall be maintained reasonably free of weeds and foreign matter and shall always be kept in reasonably healthy conditions. Landscaping shall be kept in accordance with the approved DO and upon CO. All dead material shall be removed. Hazardous trees that potentially may fall on adjacent properties or rights-of-way shall be removed. Sec. 38-24—38-29. Reserved. ARTICLE V. GRAFFITI NUISANCE. Sec. 38-30. Graffiti nuisance. It shall be prohibited for any person to write, paint, inscribe, scratch, scrawl, spray, place or draw graffiti of any type on any public or private building, structure or any other real or personal property. Page 22 of 134 (1) It shall be prohibited for any person owning property, acting as manager or for the owner of the property, or in possession or control of the property to fail to remove or effectively obscure any graffiti upon any public or private building, structure or any other real or personal property. (2) This section shall not be construed to prohibit temporary, easily removable chalk or other water-soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with: a. Traditional children's activities such as drawing, creating bases or a playing field for games such as stickball, kickball or handball, hopscotch, and similar activities, and any lawful business or public purpose or activity. b. Any lawful business or public purpose or activity. ARTICLE VI. CONSTRUCTION SITE MAINTENANCE Sec. 38-31. Development activity, grading or excavating of land. Development activity, grading or excavating of land, must receive prior approval before construction activity can proceed. Sec. 38-32. Construction Waste. All construction and demolition contractors, and owners shall provide onsite control measures for the storage of loose debris, paper, tar paper, packaging and crating materials and other litter to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of daily. All litter tarpaper, packaging and crating materials and similar materials shall be removed within 30 days after the completion of the construction or demolition. In the event of a failure to control construction debris resulting in litter, the enforcement authority may provide a written citation to the master permit holder, property owner or both. Sec. 38-33. Erosion and sediment control, landscape maintenance, shrubbery, plants, and ground cover. All premises shall be maintained in a condition to prevent erosion of soil by: (1) Landscaping with grass, trees, shrubs, other planted ground cover, silt fencing. (2) Such other suitable means as shall be approved by the building official. (3) Where landscape plans have been specifically incorporated and approved in a development plan, the landscape areas shall be maintained in a manner equal to the original landscaping approval. (4) Failure to maintain erosion and sediment control may result in a written citation to the master permit holder, the property owner, or both. Sec. 38-34. Draining; re-grading; fill required. Any lot, tract, or parcel, which shall be unwholesome or unsanitary, have stagnant water standing thereon, or be in such other condition as to be susceptible to producing disease shall be drained, re-graded or filled by the owner in a manner approved by the city. Sec. 38-35. Clay pits; storm water ponds; caves; depressions. The owner, lessor, or occupant of any real property in the city wherein there exists any clay pit, storm water ponds, cave, or other depression, so located and of such depth that a child might conceivably be drowned therein when such depression is filled with rainwater or other liquid, shall enclose the depression with a fence of a height of six feet or more, with a vertical mesh spacing not to exceed two inches. The enclosure shall be of such construction as not to be penetrable without the aid of tools or another mechanical device. The existence of any such depression not so protected is hereby declared to be a dangerous and attractive nuisance. Page 23 of 134 Sec. 38-36—38-40. Reserved. ARTICLE VII. LITTER CONTROL Sec. 38-41. Areas to be free of trash and debris. The property, and right-of-way shall be kept free of trash, debris, and litter. Sidewalks shall be kept free of trash, debris, or litter. Bushes, trees, and other vegetative matter shall not obstruct the public sidewalk or obstruct motorist's vision. Sec. 38-42. Storage of litter. (a) All commercial businesses shall store litter in containers to eliminate wind-driven debris. The number and size of receptacles for each commercial business shall be that number required to maintain a clean, neat, and sanitary premises. Spillage and overflow of litter around containers is a violation. (b) Commercial businesses shall provide and maintain litter containers adequate to contain litter generated from such business at its loading and unloading zones. (c) Commercial businesses open to the public shall provide and maintain containers adequate to contain litter generated from such business. (d) Every person in possession or in control of any place, public or private, where litter is accumulated or generated shall provide and maintain adequate and suitable containers capable of holding such litter until proper final disposal is accomplished. (e) Any accumulation of litter in or upon any property, vacant or improved, is deemed a nuisance, and is prohibited. Failure to remove the accumulation by the property owner, tenant, manager, or other person who owns, maintains, or controls any premises or portion thereof, whether improved or unimproved, is a violation. Sec. 38-43. Unauthorized disposal. No private property owner, tenant, or occupant shall grant permission to any person to dispose of litter on the property in any manner other than in permitted disposal sites. Sec. 38-44. Disposal of litter required. Whomever generates litter in the city shall manage, store, handle, transport and dispose of it in accordance with the provisions of this Code. No person shall throw, discard, place, drop, or deposit litter in any manner or amount in or upon any public property, private property, highway, street, right-of-way, or body of water within the limits of the city, except in such containers specifically provided and designated for the disposal of litter, is a violation. Litter strewn by a pedestrian except at approved and permitted disposal sites is a violation. Litter ejected or discarded from a motor vehicle except at approved and permitted disposal sites is a violation. Sec. 38-45. Materials, objects blown from vehicles. An owner, or driver of a vehicle, from which any materials or objects have fallen, blown, leaked, sifted, or otherwise escaped, shall immediately cause the materials or objects on public property or private property to be cleaned up and shall pay any costs. Sec. 38-46. Litter at commercial, public establishments. Page 24 of 134 The owners and operators of commercial establishments shall store their litter in a controlled manner to eliminate wind- driven debris and litter in and about their establishments, to include but not be limited to the following requirements: (1) The number and size of containers necessary for each commercial establishment shall be required to control all waste generated on the premises. (2) Spillage and overflow around containers shall immediately be cleaned up by the generator thereof as it occurs. (3) All commercial establishments shall provide adequate receptacles in the loading and unloading areas to store loose debris, paper, cardboard, packaging materials and similar materials. (4) Every person owning or operating a public establishment, or public place, shall have adequate receptacles available to contain litter generated. (5) Every person in possession, in charge of, or in control of any place, public or private, where litter is accumulated or generated, shall always maintain litter in adequate and suitable receptacles and/or containers capable of holding such materials until proper final disposal is accomplished. (6) No person shall keep an accumulation of litter on any property, vacant or occupied, on any premises, public street, alley, public or private. Sec. 38-47. Responsibility for surrounding areas. Each operator owner, or operator of any business, industry, or institution, private or public, profit or nonprofit, shall keep the adjacent and surrounding areas clean of wind-driven litter generated from such business, industry, or institution. These areas include public property, roads, rights-of-way, grounds, parking lots, loading, and unloading areas and vacant lots owned or leased by such business, industry, or institution. Sec. 38-48. Property exteriors. (a) Property exteriors shall be free of trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, excluding furniture specifically designed for outdoor use. Failure to maintain the premises in a clean, safe, and sanitary condition is a violation. The owner and operator shall keep that part of the exterior property subject to its control or occupancy in a clean and sanitary condition. (b) No owner, operator, or tenant shall maintain premises, private or open to the public, upon which litter is permitted, caused, allowed or existing in any manner as to be a sanitary nuisance. Sec. 38-49—38-54. Reserved. ARTICLE VIII. VEHICLE STORAGE Sec. 38-55. Outside storage of recreational vehicles. (a) Recreational vehicles shall not be lived in, slept in, or otherwise used as a residence or for residential or commercial purposes to include storage, except as provided in section 38-56, Temporary use of recreational vehicles. (b) Recreational vehicles shall not be connected to any water or sanitary sewer line, or utility apparatus, except as provided in section 38-56, Temporary use of recreational vehicles. (c) One recreational vehicle may be stored on a parcel in a single-family dwelling district zoning, provided such recreational vehicle shall: (1) Any electrical service connection to a recreational vehicle shall be done in a lawful, safe, and secure manner in accordance with the manufacturer's specifications and applicable Florida Building Code. Page 25 of 134 Sec. 38-56. Temporary use of recreational vehicles. (a) The parcel must be located within the single-family dwelling district zoning. (b) Prior to the occupancy of a recreational vehicle, a temporary use permit, which allows the recreational vehicle to be temporarily used in a residential capacity, must be obtained from the City of Crestview Building and Inspection Department. (c) The temporary use permit is valid for 180 consecutive days, however, if the continuation of the construction elements is necessary for the structure to return to acceptable condition and there is a valid, open building permit for the construction activities, the temporary use of the vehicle may be continued via new permit or an extension of permit for an extension period of 90 days. (d) The recreational vehicle shall be fully licensed and ready for highway use. (e) Any electrical service connection to a recreational vehicle shall be done in a lawful, safe, and secure manner in accordance with the manufacturer's specifications and applicable Florida Building Code. (f) Any potable water connection to a recreational vehicle must be completed under the regulations and inspection of the city’s building inspections division and must have the required backflow protection device installed prior to use. (g) Recreational vehicles must be pumped out by a Florida licensed and bonded wastewater hauler or taken to a fully licensed wastewater receiving station. Under no circumstance, shall connection be made to any sanitary sewer service or any disposal of wastewater be disposed of in a manner inconsistent with this Code of Ordinances and Florida law. (h) The provisions of this section are not intended to, nor shall they be interpreted as in any way preempting the requirements of any private agreement and/or covenant. Sec. 38-57. Recreational vehicle placement. Recreational vehicles may be placed in the side and rear yards. Recreational vehicles are prohibited from being placed in the front yard. Sec. 38-58—38-63. Reserved. ARTICLE IX. PROPERTY MAINTENANCE Sec. 38-64. General provisions. All premises shall be maintained in compliance with the standards in this section. (a) Maintenance. Equipment, systems, devices, and safeguards required by this chapter or a prior code under which the structure or premises was constructed, altered, or repaired shall be maintained in good working order. The requirements of this chapter are not intended to provide the basis for removal or abrogation of fire protection or safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures, and premises. (b) Existing remedies. The provisions in this chapter shall not be construed to abolish or impair other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the removal or demolition of any structure. (c) Requirements not covered by this chapter. The building official or Fire Marshal may determine additional requirements necessary for the strength, stability or proper operation and general conditions acceptable for an existing fixture, structure or equipment not specifically covered by this chapter in accordance with their prescribed authority. (d) Like Materials- Like materials shall be defined as the original product. When the original product is no longer available may be defined as a material of a similar design, appearance, construction and installation. (e) Compliance. It shall be the duty of every owner and operator of improved or unimproved property within the city to comply with the requirements set forth in this chapter. No permit or certificate of occupancy shall be issued unless there is Page 26 of 134 compliance with all applicable sections of this chapter. No premises or building, or combination, shall be used in a manner inconsistent with or in conflict with the requirements of this chapter or as allowed in the Land Development Code. (f) Conflict with other codes. The provisions of this chapter shall apply to all buildings, structures or premises in existence or built within the city limits or annexed therein. Where the provisions of this chapter impose a standard different than that set forth in any other ordinance of the city or under the laws of the state, the most restrictive standard shall prevail. (g) Building permits. Prior to commencing work to correct a violation as described in section 38-65 below, a building permit, or approval from the building official is required. Failure to obtain a building permit is punishable by F.S. ch. 553. Sec. 38-65. Standards for improved property. (a) Foundation. The building foundation system shall be adequately maintained and capable of supporting the load for which it was designed. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. Skirting material must comply with the standards provided in the Land Development Code. (e) Exterior walls. Exterior walls of buildings shall be: (1) Maintained free from holes, breaks, and loose or rotting materials; and (2) Maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration. Exterior finishes must be of material designed for such purposes and installed in accordance with the manufacture’s specifications. For repairs, like materials must be used. Decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. (3) Any graffiti shall be removed or repainted to match existing surfaces. (f) Windows. (1) Every window shall be maintained in sound working condition and good repair to be substantially weather-tight and rodent-proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the building official for enclosure. Prior to the enclosure of the any window, a building permit must be obtained providing for the final product to be used in this action. The permit shall ensure that the enclosure of a window is by a material that is designed for the purpose of exterior finish and is consistent with the remainder of the structure. (3) In the event of an emergency, when the boarding of an opening must be used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the Notice of Violation. When an act of God, such as a hurricane or tornado, the city manager may extend the time as needed. (g) Shutters. All shutters shall be maintained in good repair and securely attached to a structure. Peeling paint or preservatives is prohibited. (h) Exterior doors. Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (i) Exterior doorframes and storefronts. Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. (j) Exterior surface treatment. All exterior surfaces, including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior surfaces shall be protected from the elements and decay by painting or other protective treatment applied in accordance with the manufacturer’s instructions. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Structural supports. Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. Page 27 of 134 (l) Porches and balconies. All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads for which they were designed. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair, free from defects and maintained for the purpose for which they were designed. Paint and other finishes shall be in good condition. (m) Stairs. All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand the loads they were designed for or as prescribed by the Florida Building Code. (n) Roofs. Roofs shall be maintained in a structurally sound and safe manner, free of holes, missing roof material and without leaks. Roofs shall be repaired using like materials to existing materials. (o) Gutters and downspouts. Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. Commercial gutters existing must be maintained in accordance with the initial design or building permit and cannot be removed. (p) Chimneys, flues, and vent attachments. Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the downtown overlay district, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. (r) Insect screens. All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per 25 mm. Every swinging door shall have a self- closing device in good working condition. (s) Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition per section 38-66. (t) Swimming pools. No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. All swimming pools, spas, architectural pools, ponds, or bodies of water shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or to become polluted. Pools and spas shall be kept in working order, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. Roofs or other structures, or improvements designed for the retention of water are exempt from this section but shall be subject to the design capabilities of a said roof, structure, or improvement or other governing codes. All swimming pools, spas, architectural pools, manmade ponds shall be provided with a pool safety feature such as a barrier to prevent anyone from accidently obtaining access into the pool. Such barriers must comply with the Residential Swimming Pool Safety Act. (u) Rodent harborage. All structures and exterior premises shall be kept free from rodent harborage and infestation. Where rodents are found, the owner shall promptly exterminate rodents through a process which will not be injurious to human health. (v) Electrical Systems. All Electrical systems shall be maintained in a safe and operating manner to include but not be limited by: (1) Exterior lighting shall be installed in accordance with the manufacture’s specifications and shall not shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse. (2) Exterior lighting systems shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) All exterior wiring shall be installed in accordance with the manufacturer’s specifications and all applicable codes. Exterior wiring systems shall be of materials designed for this purpose and maintained in working order. (4) All electrical systems shall be maintained in full operating condition or removed. (w) Fences and walls. Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with a material designed for this purpose. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. Fences shall comply with the standards for fencing as provided in the Land Development Code. Page 28 of 134 (x) Floors, interior walls, and ceilings. All floors, interior walls and ceilings of every structure shall be maintained in a structurally sound manner and in a condition consistent with its use. Sec. 38-66. Accessory structures. Garages, storage buildings and all other accessory structures shall be 1. Used for the purposes allowed by the Land Development Code 2. Maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found in disrepair, shall be repaired or demolished within the timeframe set within the Notice of Violation. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains, the sign faces are to be replaced with blank panels (permit required). The design and color are subject to the standards of the Land Development Code. (3) All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of an advertising structure, such as a sign, all supporting members shall be removed. Awnings must be repaired or replaced to original condition. Where supporting members have been left from sign removal prior to adoption of the ordinance from which this chapter is derived, such supporting members shall be removed within three months of the effective date of such ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks, or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. Sec. 38-67. Responsibilities of owner and operator. It shall be the duty and responsibility of the operator and the owner to ensure compliance with the following: (1) All parts of the premises under the control of the owner or operator shall be maintained in a safe and sanitary condition consistent with the business use. (2) The owner or operator shall not perform any acts: a. Which render other parts of the premises unsafe or unsanitary; b. Which obstruct any adjacent owner or operator from performing any duty required or maintaining the premises in a safe and sanitary condition. (3) Every owner or operator shall eliminate infestation of rodents or insects in and on the premises subject to the owner's or operator's control. (4) Every owner or operator shall maintain all plumbing fixtures in a safe and sanitary condition. (5) Upon learning of a defect or inoperable status of any facility, utility or equipment required under this chapter, which is the owner's responsibility, the operator shall provide written notice to the owner. Sec. 38-68. General maintenance. (a) Nuisances and hazards. Premises shall be maintained free of nuisances and any hazards to the safety of the customers or persons utilizing the premises or to pedestrians passing by. (b) Walls exposed because of demolition. Where a wall of a building is exposed because of demolition, the owner of the building shall have the wall with its doors, windows, vents, or other similar openings closed with material of the type composing the wall. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stucco or bricked, and weatherproofed, if necessary, based on construction material, to prevent deterioration of the wall. Page 29 of 134 (c) Storage of flammable or combustible materials. There shall be no storage or accumulation of flammable or combustible liquids or other materials on the premises and only in such quantities prescribed by the regulations. (d) Abandoned curb cuts. Where curb cuts are abandoned due to new construction or change of access by the owner, the curb cut shall be closed and replaced in accordance with the requirements of the land development code, curb, and gutter design to match original. (e) Sidewalks or curbs damaged by delivery vehicles. Damage to public sidewalks or curb and gutter located in the public right-of- way shall be repaired or replaced by the owner at no expense to the city when such damage is caused by vehicles making deliveries to the commercial premises. Sec. 38-69. Applicability of standards to vacant buildings; securing vacant buildings. The provisions of this chapter that apply to the exterior premises include vacant structures. Vacant structures are not required to comply with the interior requirements of this chapter. All vacant structures shall be secured to prevent the entry of unauthorized persons or the formation of nuisance conditions. Securing a vacant structure may include boarding of the building to comply with Section 38-65 (f), for a limited time not to exceed 90 days from the Notice of Violation at which time the openings must be returned to full operating condition. ( Ord. No. 1813 , § 2, 4-26-21) Sec. 38-70. Unsightly conditions. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the city: (1) Structures that are: a. Partially destroyed; b. Left in a state of disrepair; or c. Left in a state of partial construction beyond the valid timeframe of the permit. (2) Abandoned or broken equipment; broken or discarded furniture and household appliances in visible yard areas. (3) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (4) Garbage and trash containers stored in a manner visible from the street. (5) Exterior finishes that are not maintained to prevent the buildup of dirt, grime, algae and other such substances. (6) Temporary covers made of tarps or other similar materials visible from the public right-of-way to include free standing structures, piles of debris or other items, or attached to permanent buildings, fences, or other structures. (7) Tarps or other like materials used to cover a vehicle, boat or RV which are not fitted and designed for this purpose or are in disrepair. Page 30 of 134 PART II ‐ CODE OF ORDINANCES  Chapter 38 PROPERTY MAINTENANCE AND HOUSING STANDARDS      Chapter 38 PROPERTY MAINTENANCE AND HOUSING STANDARDS  ARTICLE I. DEFINITIONS  Sec. 38‐1. Definitions.  The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to  them in this section, except where the context clearly indicates a different meaning:   Cover‐ means aAny device, equipment, container, close‐fitting tarpaulin, chain, rope, wire, or line used on  vehicles to prevent any part of a vehicle load to shift, blow, leak, fall or escape in any manner from the vehicle.   Developed‐ means Aany lot, tract, or parcel which is currently improved or has been improved in the past.   Improvements include but are not limited to clearing, development orders, parking lots, building structures,  drainage systems and utilities.currently has a structure or structures upon said property or an approved parking lot  which meets the requirements of this Code.   Enforcement agency means‐ tThe City of Crestview Police Department, Code Enforcement Division, and  designee.   Front yard‐ means Any lot line that abuts a public right‐of‐way, pursuant toyard as described in the City of  Crestview Land Development Code.   Graffiti‐ means Any unauthorized writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye, or  other similar substances on public or private buildings, structures, or places, regardless of the content or the  nature of materials, not permitted under the City Code and ordinances.   Hazardous trees‐ means aA tree is considered hazardous if it has defects, is diseased or is dying, that may  cause the tree to fall on the right‐of‐way, adjacent property resulting in property damage, personal injury, or  death.   Litter‐ means refuse Refuse and rubbish, including, but not limited to, paper, bottles, cans, glass, crockery,  scrap metals, plastic, rubber, yard trash, tar paper, lumber, masonry, concrete, drywall, packaging and crating  materials, tree, and shrub trimmings, leaves and disposable packages and containers.   Nuisance means‐ aAn unlawful act, or omission of the performance of a duty, or the suffering or permitting  any condition or thing to be or to exist, which act, omission, condition, or thing either:   (1) Injures or endangers the comfort, repose, health, or safety of others;   (2) Offends decency;   (3) Is offensive to the senses;   (4) Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any public  or private street, highway, sidewalk, stream, ditch, or drainage;   (5) In any way renders other persons insecure in life or the use of property;   (6) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the  value of the property of others;   (7) Is declared by ordinance to be a nuisance; or   (8) Is declared by state law to be a nuisance or public nuisance.   Preserve areas‐ means vVegetative areas required to be preserved by law.   Page 31 of 134         Page 2 of 17  Property owner‐ means tThe owner of any lot, tract, or parcel as listed in the current Okaloosa County tax  records.   Public right‐of‐way means‐ tThe paved and unpaved area of a highway, roadway, street or alley, or other  such strip of land, reserved for public use, whether established by prescription, easement, dedication, gift,  purchase, eminent domain, or any other legal means.   Rear yard‐ means Aany lot line that is not a front or side lot lineyard as described in , pursuant to the City of  Crestview Land Development Code.   Recreational vehicle‐ means Aany vehicle used for recreational purposes such as, over‐sized vehicles, travel  trailers, camping trailers, motorhomes, private motor coaches, any vehicle designed as temporary living quarters  for recreational, camping, or travel use which either has its own mode of power or is mounted on or drawn by  another vehicle, van conversions, park trailers, fifth‐wheel trailers, and other similar type vehicles.   Salvaging‐ means Tthe controlled removal of valuable or useful material from solid waste for utilization.   Side yard‐ means Aany lot line that intersects a front lot line, pursuant toyard as described in the City of  Crestview Land Development Code.   Special magistrate means the special magistrate is aA licensed attorney and a member of the Florida Bar  appointed by the City Council. The special magistrate has the authority to subpoena witnesses and records, order  rulings on violations, assess fines and order liens to be placed upon property.   Storage‐ means tThe interim containment of litter in an approved manner, such as by use of roll‐off  containers, wire fencing, wood fencing or other controlled measures, after generation and prior to proper and final  disposal.   Unauthorized accumulation‐  means tThe accumulation of litter on residential or commercial properties in  violation of any of the provisions of this division. This shall not include building materials used in constructing or  repairing a building or stored for future construction or repairs.   Vegetative State‐ The state of a lot, tract or parcel in which the property is covered in natural vegetation  native to the area.    Weeds‐ means pPlants that by reason of abandonment, lack of care or lack of maintenance choke outgrowth,  or other plant material in the area. Dead, dying, or unattended plant life, named or unnamed, which is abandoned  or overgrown. to a height more than 12 inches in height shall, for the purpose of this code, be defined as a weed  unless it is pristine.   Written corrective notice/Notice of Violation‐ means aA written statement issued to the violator of any of the  provisions of this division, or an, identifying and specifying the violation, the date of issuance, the corrective  measures to be taken and the date by which the correction is to be completed.   ARTICLE II. ENFORCEMENT; PENALTIES; ABATEMENT; NUISANCE CORRECTION  Unless stated otherwise, violations of this chapter are punishable as provided for in article II. Imposition of  the penalty provided in this section shall not prohibit a court from imposing civil penalties for violations of any of  the provisions of this chapter, including, but not limited to, picking up litter or performing other labor  commensurate with the offense committed.   Sec. 38‐2. Enforcement authority.  The City of Crestview Police Department, and the Ccode Eenforcement division shall enforce this chapter.  Police officers are hereby authorized to issue citations, court summonses, to make arrests, and to issue written  corrective notices, to persons violating this chapter. Code enforcement officers are hereby authorized to issue  written corrective notices and citations, in accordance with this chapter.   Page 32 of 134         Page 3 of 17  Sec. 38‐3. Right of entry by city.  The city manager or designee shall have the right to enter upon real property, and shall be immune from  prosecution, civil or criminal, for trespassing upon such real property, in the discharge of the duties in removing,  terminating, or abating a public nuisance as described in this Code.   Sec. 38‐4. Illegal litter prosecution.  Violation of any of the provisions of this chapter shall be initiated by the enforcement agency who witnesses  such offense or has sufficient probable cause to believe that such offense has been committed, or who discovers  an article of litter bearing the name or address of a person on the property of another, or on any public property. It  shall be presumed that any article of litter discovered, is the property of such person whose name or address  appears thereon, and that such person placed, or caused to be placed such article of litter on the property of  another or public property. This presumption is based on the tenet that all generators of such litter are responsible  for such litter until such time as it has been properly disposed of.   Sec. 38‐5. Corrective notice, citations, to abate nuisances.  Whenever the code enforcement division, the building official, or any other authorized designee becomes  aware of, or finds that any nuisance condition exists, it shall be their duty to immediately give written notice to the  owner of the property. The notice shall be mailed by certified mail, by personal service, or by posting such notice  on the property, directing such person to remove, terminate and abate such public nuisance within the time  specified in the notice, with the time for compliance beginning on the date of the mailing, personal delivery, or  posting as the case may be. The written notice shall include a sufficient description to identify the property upon  which the public nuisance exists, a description of the public nuisance to be terminated, and a statement notifying  the owner that if the property remains in violation after the specified time frame, a citation may be issued, a  notice to appear may be issued, a public hearing before the special magistrate may be held, or the city will cause  the nuisance to be abated and all costs, fees including administrative costs, and the city shall cause a lien to be  placed on the property for all such costs. If the certified mailing is not signed for by the property owner, or if the  property is unoccupied, or vacant, then posting of the notice upon the property shall constitute sufficient notice to  the owner, and no additional notice shall be required for any action pursuant to this chapter. Citations shall be  issued pursuant to chapter 24 of the City of Crestview's Code of Ordinances. All citations, notices, and court  summons issued, shall be maintained by the issuing authority for public inspection during normal office hours.   Sec. 38‐6. Remedy for noncompliance with corrective notice.  If a person served with a corrective notice fails to comply with the notice within the period stipulated, the  council may cause the property to be cleaned up and the nuisance abated. The cost for such cleanup shall be billed  and mailed via certified mail to the last known address of such owner. If such bill is not paid within 30 days from  the mailing date, the city shall cause a lien to be placed on the property for the amount expended on the nuisance  abatement, including administrative costs, which amount shall accrue interest at the applicable prejudgment  interest rate until the lien is satisfied. The lien shall contain the authority for the lien imposition; the legal  description of the subject real property; the name of each title holder of record as of the date the lien is prepared,  according to the records of the county property appraiser; and the amount of the lien itemized as to charges and  costs.   Sec. 38‐7. City clerk duties.  The city manager shall furnish a copy of the lien to the city clerk who shall, upon receipt of such document:   (1) Cause a copy of the lien to be entered in a book, which shall be prepared and kept for that purpose by  the city clerk. The book shall show the title holder of record, the amount of such cost, the date of  Page 33 of 134       completion of the work and a legal description of the property upon which the lien is placed. A certified  copy of the lien shall be recorded in the official records of the county; and the original of the lien shall  be kept on file as a public record in the office of the city clerk.   (2) Upon entry of the copy of the lien into the lien book, cause a copy of the lien to be sent by certified  mail, return receipt requested, to each title holder of record according to the records of the county  property appraiser on the date the notice was mailed.   Sec. 38‐8. Finality and priority of lien.  The lien shall be effective and final against the real property upon which the work has been done from the  time of entry of the copy of the lien into the lien book. Liens in the lien book shall take priority as of the time of the  entry therein. With respect to liens recoded in the official records of Okaloosa County, lien priority shall be based  on the time of recording unless otherwise required by applicable statutes.   Sec. 38‐9. Payment and enforcement of lien.  Each of the liens provided for in this action may be paid within 90 days after the publication of the notice of  assessment and lien without interest. Thereafter, the lien, including administrative costs and the cost of the  publication of the notice of assessment and lien, together with interest at the applicable statutory rate for  judgment as established in F.S. § 55.03, and the costs of collection, shall be a lien against the property and shall be  collected and enforceable in the same manner as is provided by law for the enforcement of other taxes levied  upon the property.   Sec. 38‐10. Rates and charges.  The city manager or designee shall cause to be prepared a current schedule of rates, charges and costs that  may be assessed by the city using its own equipment and personnel for abatement of public nuisances, as provided  in this chapter, and shall file such schedule with the city clerk. If no rates are filed, the rates charged shall be  consistent with the rates allowed for labor, equipment and materials by FEMA for reimbursement or as charged by  a contractor hired by the city.    Sec. 38‐11. Judicial proceedings for nuisance abatement.  Whenever, in the judgment of the city manager or designee, it is necessary for the city to obtain the  assistance of the courts to remove, terminate or abate a public nuisance, and in all cases in which the person in  possession of the property involved has refused the city manager or designee entry upon such property, the city  manager or designee shall request that the council commence and maintain all necessary actions in a court of  competent jurisdiction to assist the city in carrying out its responsibilities under this chapter. Such actions may  encompass any or all the following proceedings:   (1) An application for an injunction or restraining order, whether temporary or permanent, to prevent a  person from maintaining or continuing to maintain any of the conditions declared in this chapter to be  public nuisances, or to compel a person to remove, terminate or abate a public nuisance as provided in  this chapter or to compel the performance of any act specifically required of a person to remove,  terminate, or abate a public nuisance; or   (2) To empower the city manager or designee to enter upon any property whereon a public nuisance  exists or is maintained for the purpose of removing, terminating, or abating such nuisance and to  prevent the person in possession of such property from interfering with the city manager or designee  while exercising this power in accordance with the court's order.   Page 34 of 134       Sec. 38‐12. Judicial proceedings as last resort.  The judicial remedies authorized to be sought by this section are in addition to the power of the city  manager to terminate public nuisances granted in this chapter. The manager or designee shall, as much as  possible, terminate public nuisances without recourse to the courts.   Sec. 38‐13. Contractor as city's agent.  Whenever the city manager has contracted with a private contractor to terminate a public nuisance, as  provided in this chapter, the remedies authorized in this chapter to be sought for the city manager or designee and  the city may be sought by the city manager or designee on behalf of the private contractor, to the extent that they  are necessary to enable the private contractor to terminate the public nuisance.   Sec. 38‐14, 38‐15. Reserved.  ARTICLE III. DECLARATION OF GENERAL NUISANCE  Sec. 38‐16. Purpose.  The purpose of this article is to establish minimum standards for the maintenance, upkeep, and appearance  of improved or unimproved premises; to minimize impacts of construction; and to provide a just, equitable and  practicable method to preclude:   (1) Residential and commercial buildings, structures, and premises from causing and/or endangering the  life, limb, health, property, safety, or welfare of the public or theirs;   (2) Diminished property values; or   (3) Detracting from the appropriate appearance of the residential area, by way of example:   a. Failure to remove abandoned property, litter, or debris; or   b. Failure to cut and/or remove the accumulation of weeds, grass, or uncultivated vegetation.   Sec. 38‐17. Property nuisances prohibited.  No person shall cause, permit, allow or suffer any of the conditions described in this section to occur or exist  upon any lot, tract or parcel of land, improved or unimproved, or in any building thereon, in the city, to an extent  and in a manner that such lot, tract or parcel of land or building is or may reasonably become infested with or  inhabited by rodents, vermin, reptiles or wild animals, or may furnish a breeding place for mosquitoes, vermin or  reptiles, or may threaten or endanger the public health, safety or welfare or where the condition of the  unmaintained property will negatively impact the peaceful use or value of surrounding properties. Such conditions  are hereby declared to be public nuisances and may be abated as such.   Sec. 38‐18. Nuisance conditions.  A public nuisance includes, but is not limited to, the following actions or omissions:   (1) Failure to maintain property in accordance with the standards set forth in this section or Code in  general.   (2) Accumulation or open storage of trash, debris, garbage, tires, vehicle parts, bottles, paper, cans, rags,  dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn  Page 35 of 134       and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap  lumber or any other refuse of any nature.   (3) Any condition that provides harborage for rats, mice, snakes, other vermin, or pests except on pristine  lots and in preserve areas.   (4) Any building or structure which does not meet the requirements of the Florida Building Code, or this  Ccode and is in such a dilapidated condition that it is unfit for human habitation or kept in such a  structurally unsafe or unsanitary condition that is a menace to the health of people residing in the  vicinity thereof or presents a fire hazard to the vicinity in which it is located.   (5) All unnecessary or unauthorized noises and annoying vibrations, including animal noises, generators,  and activities not germane to the zoning district.   (6) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes  which give rise to the emission or generation of such odors and stenches.   (7) Hazardous trees that potentially may fall on adjacent properties or rights‐of‐way shall be removed.   (8) Any condition constituting a fire hazard.   (9) Any worn‐out, scrapped, partially dismantled, non‐operative, unusable, or discarded materials or  objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof,  trailers, or other such items.   (10) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other  registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or  occupier of the property upon which said vehicle or part thereof is located. Failure to have such license  or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie  evidence that said property is worn‐out, scrapped, non‐operative, unusable, or discarded, as provided  in this chapter.   (11) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not  exceed 12 inches in height on improved property, including the area between the edge of the  pavement in the street and the lot line. Bushes, trees and other landscape ornamentals shall be  maintained in a manner that will not create any unsafe or unhealthy conditions.  Landscape features  shall be maintained to ensure that the growth of such feature does not damage any structure.    Sec. 38‐19. Duty of property owner.  It shall be the duty of the owners, or other persons in control of property within the city to maintain their lot,  tract or parcel and the abutting right‐of‐way but not including that area which is paved as roadway consistent with  the standards set out in this title.   Sec. 38‐20. Duties for developed, undeveloped property.  The owner, or person in charge or control of the property, developed or undeveloped, within the city shall  cut down and remove all weeds, grass, and undergrowth on said property when said weeds, grass, or undergrowth  exceeds 12 inches in height. VSaid vegetative material growing in the abutting right‐of‐way shall not exceed 12  inches in height for both developed and undeveloped properties.   Undeveloped properties or those properties that have returned to a vegetative state must be maintained in a  manner that will prevent nuisances in this chapter or those of a criminal nature from occurring.  Sec. 38‐21. General standards.  (a) All vacant lots shall be free from potential fire hazards, to include but not be limited to dead trees, loose  branches, and palm fronds.   Page 36 of 134       (b) All vacant lots, including the area between the edge of pavement in the street and the lot line, shall be kept  free from dry vegetation, accumulation of weeds, grass, and uncultivated vegetation:   (1) Which present a visual blight upon neighborhoods;   (2) Which may harbor insect or rodent infestations;   (3) Which may likely become a fire hazard;   (4) Which result in a condition which may threaten the health and safety or the economic welfare of  abutting or adjacent property owners; or   (5) All grasses or weeds, and uncultivated vegetation, shall not exceed 12 inches in height on vacant lots  including the area between the edge of the pavement in the street and the lot line.   (c) Motor vehicles are prohibited from parking on or driving across any portion of a vacant lot, except for:   (1) Areas designated and approved by the community development services director; and   (2) Where the owner of the vacant lot has given written permission to the vehicle owner or operator.   Sec. 38‐22. Preserve areas.  In preserve areas all maintenance requirements shall be determined by the department of environmental  protection, except that the entire property shall be kept free of trash, debris, and litter.   Sec. 38‐23. Landscape materials.  Landscape materials shall be maintained reasonably free of weeds and foreign matter and shall always be  kept in reasonably healthy conditions. Landscaping shall be kept in accordance with the approved DO and upon  CO. All dead material shall be removed. Hazardous trees that potentially may fall on adjacent properties or rights‐ of‐way shall be removed.   Sec. 38‐24—38‐29. Reserved.  ARTICLE V. GRAFFITI NUISANCE.  Sec. 38‐30. Graffiti nuisance.  It shall be prohibited for any person to write, paint, inscribe, scratch, scrawl, spray, place or draw graffiti of  any type on any public or private building, structure or any other real or personal property.   (1) It shall be prohibited for any person owning property, acting as manager or for the owner of the  property, or in possession or control of the property to fail to remove or effectively obscure any graffiti  upon any public or private building, structure or any other real or personal property.   (2) This section shall not be construed to prohibit temporary, easily removable chalk or other water‐ soluble markings on public or private sidewalks, streets or other paved surfaces which are used in  connection with:   a. Traditional children's activities such as drawing, creating bases or a playing field for games such  as stickball, kickball or handball, hopscotch, and similar activities, and any lawful business or  public purpose or activity.   b. Any lawful business or public purpose or activity.   Page 37 of 134 PART II ‐ CODE OF ORDINANCES  Chapter 38 ‐ PROPERTY MAINTENANCE AND HOUSING STANDARDS  ARTICLE VI. CONSTRUCTION SITE MAINTENANCE        ARTICLE VI. CONSTRUCTION SITE MAINTENANCE  Sec. 38‐31. Development activity, grading or excavating of land.  Development activity, grading or excavating of land, must receive prior approval before construction activity  can proceed.   Sec. 38‐32. Construction Waste.  All construction and demolition contractors, and owners shall provide onsite control measures for the  storage of loose debris, paper, tar paper, packaging and crating materials and other litter to prevent wind‐driven  scattering of such materials if the materials are otherwise not properly disposed of daily. All litter tarpaper,  packaging and crating materials and similar materials shall be removed within 30 days after the completion of the  construction or demolition. In the event of a failure to control construction debris resulting in litter, the  enforcement authority may provide a written citation to the master permit holder, property owner or both.   Sec. 38‐33. Erosion and sediment control, landscape maintenance, shrubbery, plants, and  ground cover.  All premises shall be maintained in a condition to prevent erosion of soil by:   (1) Landscaping with grass, trees, shrubs, other planted ground cover, silt fencing.   (2) Such other suitable means as shall be approved by the building official.   (3) Where landscape plans have been specifically incorporated and approved in a development plan, the  landscape areas shall be maintained in a manner equal to the original landscaping approval.   (4) Failure to maintain erosion and sediment control may result in a written citation to the  permitmaster  permit holder, the property owner, or both.   Sec. 38‐34. Draining; re‐grading; fill required.  Any lot, tract, or parcel, including swimming pools thereon, which shall be unwholesome or unsanitary, have  stagnant water standing thereon, or be in such other condition as to be susceptible to producing disease shall be  drained, re‐graded or filled by the owner in a manner approved by the city.   Sec. 38‐35. Clay pits; storm water ponds; caves; depressions.  The owner, lessor, or occupant of any real property in the city wherein there exists any clay pit, storm water  ponds, cave, or other depression, so located and of such depth that a child might conceivably be drowned therein  when such depression is filled with rainwater or other liquid, shall enclose the depression with a fence of a height  of six feet or more, with a vertical mesh spacing not to exceed two inches. The enclosure shall be of such  construction as not to be penetrable without the aid of tools or another mechanical device. The existence of any  such depression not so protected is hereby declared to be a dangerous and attractive nuisance.   Sec. 38‐36—38‐40. Reserved.  ARTICLE VII. LITTER CONTROL  Page 38 of 134           Created: 2021‐11‐04 06:04:09 [EST]  (Supp. No. 27)    Page 9 of 17  Sec. 38‐41. Areas to be free of trash and debris.  The property, and right‐of‐way shall be kept free of trash, debris, and litter. Sidewalks shall be kept free of  trash, debris, or litter. Bushes, trees, and other vegetative matter shall not obstruct the public sidewalk or obstruct  motorist's vision. Irrigation systems shall not overspray the public sidewalk.   Sec. 38‐42. Storage of litter.  (a) All commercial businesses shall store litter in containers to eliminate wind‐driven debris. The number and  size of receptacles for each commercial business shall be that number required to maintain a clean, neat, and  sanitary premises. Spillage and overflow of litter around containers is a violation.   (b) Commercial businesses shall provide and maintain litter containers adequate to contain litter generated from  such business at its loading and unloading zones.   (c) Commercial businesses open to the public shall provide and maintain containers adequate to contain litter  generated from such business.   (d) Every person in possession or in control of any place, public or private, where litter is accumulated or  generated shall provide and maintain adequate and suitable containers capable of holding such litter until  proper final disposal is accomplished.   (e) Any accumulation of litter in or upon any property, vacant or improved, is deemed a nuisance, and is  prohibited. Failure to remove the accumulation by the property owner, tenant, manager, or other person  who owns, maintains, or controls any premises or portion thereof, whether improved or unimproved, is a  violation.   Sec. 38‐43. Unauthorized disposal.  No private property owner, tenant, or occupant shall grant permission to any person to dispose of litter on  the property in any manner other than in permitted disposal sites.   Sec. 38‐44. Disposal of litter required.  Whomever generates litter in the city shall manage, store, handle, transport and dispose of it in accordance  with the provisions of this Code.   No person shall throw, discard, place, drop, or deposit litter in any manner or amount in or upon any public  property, private property, highway, street, right‐of‐way, or body of water within the limits of the city, except in  such containers specifically provided and designated for the disposal of litter, is a violation. Litter strewn by a  pedestrian except at approved and permitted disposal sites is a violation. Litter ejected or discarded from a motor  vehicle except at approved and permitted disposal sites is a violation.   Sec. 38‐45. Materials, objects blown from vehicles.  An owner, or driver of a vehicle, from which any materials or objects have fallen, blown, leaked, sifted, or  otherwise escaped, shall immediately cause the materials or objects on public property or private property to be  cleaned up and shall pay any costs.   Page 39 of 134       Sec. 38‐46. Litter at commercial, public establishments.  The owners and operators of commercial establishments shall store their litter in a controlled manner to  eliminate wind‐driven debris and litter in and about their establishments, to include but not be limited to the  following requirements:   (1) The number and size of containers necessary for each commercial establishment shall be required to  control all waste generated on the premises.   (2) Spillage and overflow around containers shall immediately be cleaned up by the generator thereof as it  occurs.   (3) All commercial establishments shall provide adequate receptacles in the loading and unloading areas  to store loose debris, paper, cardboard, packaging materials and similar materials.   (4) Every person owning or operating a public establishment, or public place, shall have adequate  receptacles available to contain litter generated.   (5) Every person in possession, in charge of, or in control of any place, public or private, where litter is  accumulated or generated, shall always maintain litter in adequate and suitable receptacles and/or  containers capable of holding such materials until proper final disposal is accomplished.   (6) No person shall keep an accumulation of litter on any property, vacant or occupied, on any premises,  public street, alley, public or private.   Sec. 38‐47. Responsibility for surrounding areas.  Each operator owner, or operator of any business, industry, or institution, private or public, profit or  nonprofit, shall keep the adjacent and surrounding areas clean of wind‐driven litter generated from such business,  industry, or institution. These areas include public property, roads, rights‐of‐way, grounds, parking lots, loading,  and unloading areas and vacant lots owned or leased by such business, industry, or institution.   Sec. 38‐48. Property exteriors.  (a) Property exteriors shall be free of trash, litter, debris, packing boxes, lumber, construction material, solid  waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, excluding  furniture specifically designed for outdoor use. Failure to maintain the premises in a clean, safe, and sanitary  condition is a violation. The owner and operator shall keep that part of the exterior property subject to its  control or occupancy in a clean and sanitary condition.   (b) No owner, operator, or tenant shall maintain premises, private or open to the public, upon which litter is  permitted, caused, allowed or existing in any manner as to be a sanitary nuisance.   Sec. 38‐49—38‐54. Reserved.  ARTICLE VIII. VEHICLE STORAGE  Sec. 38‐55. Outside storage of recreational vehicles.  (a) Recreational vehicles shall not be lived in, slept in, or otherwise used as a residence or for residential or  commercial purposes to include storage, except as provided in section 38‐56, Temporary use of recreational  vehicles.   Page 40 of 134       (b) Recreational vehicles shall not be connected to any water or sanitary sewer line, or utility apparatus, except  as provided in section 38‐56, Temporary use of recreational vehicles.   (c) One recreational vehicle may be stored on a parcel in a single‐family dwelling district zoning, provided such  recreational vehicle shall:   (1) Any electrical service connection to a recreational vehicle shall be done in a lawful, safe, and secure  manner in accordance with the manufacturer's specifications and applicable Florida Building Code.   Sec. 38‐56. Temporary use of recreational vehicles.  (a) The parcel must be located within the single‐family dwelling district zoning.   (b) Prior to the occupancy of a recreational vehicle, a temporary use permit, which allows the recreational  vehicle to be temporarily used in a residential capacity, must be obtained from the City of Crestview Building  and Inspection Department.   (c) The temporary use permit is valid for 180 consecutive days, however, if the continuation of the construction  elements is necessary for the structure to return to acceptable condition and there is a valid, open building  permit for the construction activities, the temporary use of the vehicle may be continued via new permit or  an extension of permit for an extension period of 90 days.   (d) The recreational vehicle shall be fully licensed and ready for highway use.   (e) Any electrical service connection to a recreational vehicle shall be done in a lawful, safe, and secure manner  in accordance with the manufacturer's specifications and applicable Florida Building Code.   (f) Any potable water connection to a recreational vehicle must be completed under the regulations and  inspection of the public services department city’s building inspections division and must have the required  backflow protection device installed prior to use.   (g) Recreational vehicles must be pumped out by a Florida licensed and bonded wastewater hauler or taken to a  fully licensed wastewater receiving station. Under no circumstance, shall connection be made to any sanitary  sewer service or any disposal of wastewater be disposed of in a manner inconsistent with this Code of  Ordinances and Florida law.   (h) The provisions of this section are not intended to, nor shall they be interpreted as in any way preempting the  requirements of any private agreement and/or covenant.   Sec. 38‐57. Recreational vehicle placement.  Recreational vehicles may be placed in the side and rear yards. Recreational vehicles are prohibited from  being placed in the front yard.   Sec. 38‐58—38‐63. Reserved.  ARTICLE IX. PROPERTY MAINTENANCE  Sec. 38‐64. General provisions.  All premises shall be maintained in compliance with the standards in this section.   (a) Maintenance. Equipment, systems, devices, and safeguards required by this chapter or a prior code under  which the structure or premises was constructed, altered, or repaired shall be maintained in good working  order. The requirements of this chapter are not intended to provide the basis for removal or abrogation of  Page 41 of 134       fire protection or safety systems and devices in existing structures. Except as otherwise specified herein, the  owner shall be responsible for the maintenance of buildings, structures, and premises.   (b) Existing remedies. The provisions in this chapter shall not be construed to abolish or impair other remedies  of any local, state or federal jurisdiction or its officers or agencies relating to the removal or demolition of  any structure.   (c) Requirements not covered by this chapter. The building official or Fire Marshal may determine additional  requirements necessary for the strength, stability or proper operation and general conditions acceptable for  an existing fixture, structure or equipment not specifically covered by this chapter in accordance with their  prescribed authority.   (d) Like Materials‐  Like materials shall be defined as the original product.  When the original product is no longer  available may be defined as a material of a similar design, appearance, construction and installation.   (c) Requirements not covered by this chapter. The building official shall determine requirements necessary for  the strength, stability or proper operation and general conditions acceptable for an existing fixture, structure  or equipment not specifically covered by this chapter.   (d) Deviation from chapter. Where practical difficulties are prohibitive in carrying out the provisions of this  chapter, the building official has the authority to grant modifications for individual cases. The modification  must comply with the intent and purpose of this chapter and shall not lessen health, life, and fire safety  requirements. The basis for granting modifications shall be recorded and entered in the department files.   (e) Compliance. It shall be the duty of every owner and operator of improved or unimproved property within the  city to comply with the requirements set forth in this chapter. No permit or certificate of occupancy shall be  issued unless there is compliance with all applicable sections of this chapter. No premises or building, or  combination, shall be used in a manner inconsistent with or in conflict with the requirements of this chapter  or as allowed in the Land Development Code..   (f) Conflict with other codes. The provisions of this chapter shall apply to all buildings, structures or premises in  existence or built within the city limits or annexed therein. Where the provisions of this chapter impose a  standard different than that set forth in any other ordinance of the city or under the laws of the state, the  most restrictive standard shall prevail.   (g) Building permits. Prior to commencing work to correct a violation as described in section 38‐65 below, a  building permit, or approval from the building official is required. Failure to obtain a building permit is  punishable by F.S. ch. 553.   Sec. 38‐65. Standards for improved property.  (a) Foundation. The building foundation system shall be adequately maintained and capable of supporting the  load for which it was designed.   (b) Wood supports shall be sound and free from insect infestation and rot.   (c) Metal supports and connections shall be free from rust and the equivalent of new supports.   (d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be  securely attached and sized from the ground to the lower outside perimeter of the structure. Skirting  material must comply with the standards provided in the Land Development Code.  (e) Exterior walls. Exterior walls of buildings shall be:   (1) Maintained free from holes, breaks, and loose or rotting materials; and   (2) Maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration.  Exterior finishes must be of material designed for such purposes and installed in accordance with the  manufacture’s specifications. For repairs, like materials must be used. Decorative features such as  Page 42 of 134       cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in  good repair with proper anchorage.   (3) Any graffiti shall be removed or repainted to match existing surfaces.   (f) Windows.  (1) Every window shall be maintained in sound working condition and good repair to be substantially  weather‐tight and rodent‐proof.   (2) Openings originally designed as windows shall be maintained as windows unless approved by the  building official for enclosure. Prior to the enclosure of the any window, a building permit must be  obtained providing for the final product to be used in this action.  The permit shall ensure that the   enclosure of a window is by a material that is designed for the purpose of exterior finish and is  consistent with the remainder of the structure.   (3) In the event of an emergency, when the boarding of an opening must be used, it shall be of trim fit,  sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of  the building. The boarding shall not remain for a period of more than 90 days from the date of the  Notice of Violation. When an act of God, such as a hurricane or tornado, the city manager may extend  the time as needed.   (2) Openings originally designed as windows shall be maintained as windows unless approved by the  building official for enclosure. The enclosure of a window shall be by either bricking the opening,  blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When  boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to  conform to the other exterior portions of the building. The boarding shall not remain for a period of  more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or  tornado, the city manager may extend the time as needed.   (g) Shutters. All shutters shall be maintained in good repair and securely attached to a structure. Peeling paint or  preservatives is prohibited.   (h) Exterior doors. Every exterior door and hatchway or garage door shall be kept in sound working condition  and good repair.   (i) Exterior doorframes and storefronts. Exterior doorframes and storefronts shall be maintained in good  condition. All moldings shall be securely attached to the structure and maintained in good condition without  splitting or deterioration.   (j) Exterior surface treatment. All exterior surfaces, including by way of example and not limitation, doors and  window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good  condition. Exterior wood surfaces, other than decay‐resistant woods, shall be protected from the elements  and decay by painting or other protective treatment applied in accordance with the manufacturer’s  instructions. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to  inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated.   (k) Structural supports. Every structural element of a dwelling shall be maintained in a structurally sound  condition and shall not show evidence of deterioration that would make it incapable of carrying normal  loads.   (l) Porches and balconies. All exterior porches, balconies, stairs, and fire escapes shall include banisters or  railings properly designed and maintained to minimize the hazard of falling and installed to withstand the  loads prescribed by the Florida Building Codefor which they were designed. All exterior porches, landings,  balconies, stairs, and fire escapes shall be kept structurally sound, in good repair, and  free from defects and  maintained for the purpose for which they were designed. Paint and other finishes shall be in good  condition.   Page 43 of 134       (m) Stairs. All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without  broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a  tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand  the loads they were designed for or as prescribed by the Florida Building Code.   (n) Roofs. Roofs shall be maintained in a structurally sound and safe manner, free of holes, missing roof material  and without leaks.. Roofs shall be repaired using like materials to existing materials.   (o) Gutters and downspouts. Gutters and downspouts shall be maintained in good repair, and securely installed.  Water run‐off shall be contained on the property and shall not run‐off onto adjacent properties. Commercial  gutters existing must be maintained in accordance with the initial design or building permit and cannot be  removed.  (p) Chimneys, flues, and vent attachments. Chimneys, flues, and vent attachments shall be maintained in a  structurally sound manner, free from defects to capably perform the functions for which they were designed.   (q) Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal  awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly  anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the  elements, decay, or rust. For properties located in the downtown overlay district, any commercial awning in  disrepair must be repaired to original condition. Awnings in this district may not be removed but must be  repaired. In the event the original material cannot be located, the property owner must obtain a permit and  replace with a similar product.   (r) Insect screens. All windows and other outside openings required for ventilation of food preparation areas,  food service areas, or any areas where products utilized in food for human consumption are processed,  manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than 16  mesh per 25 mm. Every swinging door shall have a self‐closing device in good working condition.   (s) Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained and  kept in good repair and sound structural condition per section 38‐66.   (t) Swimming pools. No person owning, operating, or having possession of any property within the city shall  allow the accumulation of stagnant water. All swimming pools, spas, architectural pools, ponds, or bodies of  water shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water  shall not be allowed to stagnate or to become polluted. Pools and spas shall be kept in working order, and  the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects.  Roofs or other structures, or improvements designed for the retention of water are exempt from this section  but shall be subject to the design capabilities of a said roof, structure, or improvement or other governing  codes. All swimming pools, spas, architectural pools, manmade ponds shall be provided with a pool safety  feature such as a barrier to prevent anyone from accidently obtaining access into the pool.  Such barriers  must comply with the Residential Swimming Pool Safety Act.    (u) Rodent harborage. All structures and exterior premises shall be kept free from rodent harborage and  infestation. Where rodents are found, the owner shall promptly exterminate rodents through a process  which will not be injurious to human health.   (v) Electrical Systems. All Electrical systems shall be maintained in a safe and operating manner to include but  not be limited by:   (1)   Exterior lighting shall be installed in accordance with the manufacture’s specifications and shall not shine  into the eyes of drivers of vehicles or pedestrians which could impair safe traverse.   (2)   Exterior lighting systems  shall be shielded and aimed at the owner's premises, or sidewalk and street  abutting the premises.   (3)   All exterior wiring shall be installed in accordance with the manufacturer’s specifications and all  applicable codes.  Exterior wiring systems shall be of materials designed for this purpose and maintained in  working order.   Page 44 of 134       (4)  All electrical systems shall be maintained in full operating condition or removed.   Exterior lighting. All outdoor lighting shall comply with the following:   (1) Non‐vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair  safe traverse are prohibited.   (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the  premises.   (w) Fences and walls. Fences and walls shall be maintained in a safe and structurally sound condition, in good  repair with a material designed for this purpose. the surface coated or painted. Fences shall be free from  loose or rotting materials. Metal fencing shall be free from rust or deterioration. Fences shall comply with  the standards for fencing as provided in the Land Development Code.   (x) Floors, interior walls, and ceilings. All floors, interior walls and ceilings of every structure shall be maintained  in a structurally sound manner and in a condition consistent with its use.   Sec. 38‐66. Accessory structures.  Garages, storage buildings and all other accessory structures shall be   (a) Used for the purposes allowed by the Land Development Code   (b) mMaintained in good repair and sound structural condition. Structures attached or unattached, to the  principal structure, which are found in disrepair, by the building official to be structurally deficient,  shall be repaired or demolished within the timeframe set within the Notice of Violation. by the building  official. Maintenance of accessory structures shall comply with the following:   (1) The exterior of the building and premises to include but not limited to parking areas and landscaped  areas shall be maintained in a sound, clean and neat condition.   (2) Signs shall be maintained in good condition. Where the sign structure remains, the sign faces are to be  replaced with blank panels (permit required). The design and color are subject to the standards of the  Land Development Code. approval by the building official.   (3) All advertising structures, awnings and accompanying supporting members shall be maintained in good  repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not  properly maintained in accordance with this subsection shall be removed. Awnings or marquees made  of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal  of an advertising structure, such as a sign, all supporting members shall be removed. Awnings must be  repaired or replaced to original condition. Where supporting members have been left from sign  removal prior to adoption of the ordinance from which this chapter is derived, such supporting  members shall be removed within three months of the effective date of such ordinance. Nothing in this  subsection shall be construed to authorize any encroachments on streets, sidewalks, or other parts of  the public right‐of‐way.   (4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by  installation of parking bumpers pinned to the pavement.   Sec. 38‐67. Responsibilities of owner and operator.  It shall be the duty and responsibility of the operator and the owner to ensure compliance with the  following:   (1) All parts of the premises under the control of the owner or operator shall be maintained in a safe and  sanitary condition consistent with the business use.   (2) The owner or operator shall not perform any acts:   Page 45 of 134       a. Which render other parts of the premises unsafe or unsanitary;   b. Which obstruct any adjacent owner or operator from performing any duty required or  maintaining the premises in a safe and sanitary condition.   (3) Every owner or operator shall eliminate infestation of rodents or insects in and on the premises subject  to the owner's or operator's control.   (4) Every owner or operator shall maintain all plumbing fixtures in a safe and sanitary condition.   (5) Upon learning of a defect or inoperable status of any facility, utility or equipment required under this  chapter, which is the owner's responsibility, the operator shall provide written notice to the owner.   Sec. 38‐68. General maintenance.  (a) Nuisances and hazards. Premises shall be maintained free of nuisances and any hazards to the safety of the  customers or persons utilizing the premises or to pedestrians passing by.   (b) Walls exposed because of demolition. Where a wall of a building is exposed because of demolition, the  owner of the building shall have the wall with its doors, windows, vents, or other similar openings closed  with material of the type composing the wall. No protrusions or loose material shall be in the wall. The  exposed wall shall be painted, stucco or bricked, and weatherproofed, if necessary, based on construction  material, to prevent deterioration of the wall.   (c) Storage of flammable or combustible materials. There shall be no storage or accumulation of flammable or  combustible liquids or other materials on the premises and only in such quantities prescribed by the  regulations.   (d) Abandoned curb cuts. Where curb cuts are abandoned due to new construction or change of access by the  owner, the curb cut shall be closed and replaced in accordance with the requirements of the land  development code, curb, and gutter design to match original.   (e) Sidewalks or curbs damaged by delivery vehicles. Damage to public sidewalks or curb and gutter located in  the public right‐of‐way shall be repaired or replaced by the owner at no expense to the city when such  damage is caused by vehicles making deliveries to the commercial premises.     Sec. 38‐69. Applicability of standards to vacant buildings; securing vacant buildings.  The provisions of this chapter that apply to the exterior premises include vacant structures. Vacant  structures are not required to comply with the interior requirements of this chapter. All vacant structures shall be  secured to prevent the entry of unauthorized persons or the formation of nuisance conditions. Securing a vacant  structure may include boarding of the building to comply with Section 38‐65 (f), for a limited time not to exceed 90  days from the Notice of Violation at which time the openings must be returned to full operating condition., as  determined by the building official. If required by the building official, windows and doors shall be boarded by the  owner and the boarding shall be maintained to keep the building secured. The design and color of boarding is  subject to approval by the building official and shall be designed so that the building does not appear to be  abandoned.   ( Ord. No. 1813 , § 2, 4‐26‐21)  Sec. 38‐70. Unsightly conditions.  The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following  conditions are prohibited on any premises in the city:   Page 46 of 134       (1) Structures that are:   a. Partially destroyed;   b. Left in a state of disrepair; or   c. Left in a state of partial construction beyond the valid timeframe of the permit.   (2) Abandoned or broken equipment; broken or discarded furniture and household appliances in visible  yard areas.   (3) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable  diminution of surrounding property values.   (4) Garbage and trash containers stored in a manner visible from the street.   (5) Exterior finishes that are not maintained to prevent the buildup of dirt, grime, algae and other such  substances.   (6) Temporary covers made of tarps or other similar materials visible from the public right‐of‐way to  include free standing structures, piles of debris or other items, or attached to permanent buildings,  fences, or other structures.   (7) Tarps or other like materials used to cover a vehicle, boat or RV which are not fitted and designed for  this purpose or are in disrepair.   (5) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use,  performance bond or equivalent security shall be filed with the city, or a letter of credit may be  submitted to the city manager for approval, in the amount defined below.   a. Total demolition. The amount to demolish the building, and remove all debris from the site, and  disposal cost for the debris and grading the lot in compliance with the land development code; or   b. Partial demolition. The amount to demolish the building, and remove all debris from the site, and  disposal cost for the debris, grading the lot and the cost of additional construction or  reconstruction so the exterior of any partially demolished building or building abutting an  adjacent building that results in repair or reconstruction complies with this chapter and the  Florida Building Code, as amended.   (g) Where buildings in any zoning district are destroyed by fire, disaster or other acts of God, the  requirements of this section and the land development code shall apply.     Page 47 of 134 CITY OF CRESTVIEW Item # 10.1. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jessica Leavins, Administrative Services Director DATE: 2/22/2023 SUBJECT: City Manager Annual Performance Evaluation BACKGROUND: In February 2019, the City of Crestview entered into an employment contract with Mr. Bolduc which includes an annual performance review. In January 2020, the City of Crestview adopted its core values: Teamwork, Respect, Adaptability, Communication, and Knowledge (TRACK). Later that year, we developed an employee evaluation system based on these values and fully implemented these evaluations and merit-based pay increases became effective October of 2021. In June 2022, general employees received a mid-year cost of living increase of 3%. As a part of the 22-23 budget, general employees received a 3% cost of living increase effective 10/1/2022. General employees also have the potential to receive up to 3% on their anniversary date based on the evaluation score. Appointed officials, such as the City Manager and City Clerk receive pay changes only according to contract. At this time, it is once annually on the anniversary date. In November 2022, the City Clerk received her annual evaluation with a score of 2.68 and a 6% base salary increase, with 3% designated for merit and 3% for cost of living. On February 14th, 2023, the council was provided with an evaluation form and memo explaining the process as it pertains to city manager performance evaluations. DISCUSSION: The average total evaluation score is 2.84 out of 3, consisting of score of a 2.8 in adaptability, 2.8 in communication, 3 in knowledge, 2.6 in respect, and 3 in teamwork. This score would equate to an exceeds expectations for a general employee and be associated with a 3% merit-based pay increase. Recommendations and comments from the council include: A 6% salary increase, with 3% for merit and 3% for cost of living An appropriate salary increase based on merit. Mr. Bolduc has shown excellent leadership, meeting and exceeding goals including increasing the reserve and lowering the millage rate. He excels and grows with our city. Expectations are high and will remain high, Mr.Bolduc is performing at an excellent level. The city is operating at a higher capacity than it ever has before because Mr.Bolduc knows how to lead and create new leaders. Page 48 of 134 Mr. Bolduc is an asset to the team and this sentiment is mirrored by officials at all levels of government. Effectively diagnosing complex problems and finding sustainable solutions is one of his strong points. It was recommended that Mr. Bolduc should separate personal and official government communication, specifically social media. Public meetings and forums should remain neutral for all interested citizens. Teamwork is Mr. Bolduc's strong point. He is great at rallying the community, employees, city leaders, and citizens; he shows enthusiasm even during difficult times. The complete performance review forms are attached. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The financial impact is yet to be determined but will be absorbed by the 22-23 fiscal year budget. RECOMMENDED ACTION Staff respectfully requests council discuss and vote on a percentage increase to base salary. Attachments 1. Score sheet 2. City Manager Evaluation Forms Page 49 of 134 Adaptability Communication Knowledge Respect Teamwork Average Rencich 3 3 3 3 3 Bullard 2 2 3 1 3 Capps 3 3 3 3 3 Brown 3 3 3 3 3 Blocker 3 3 3 3 3 Average 2.8 2.8 3 2.6 3 2.84 City Manager Performance Evaluation Scores 2023 Page 50 of 134 Page 51 of 134 Page 52 of 134 Page 53 of 134 Page 54 of 134 Page 55 of 134 Page 56 of 134 Page 57 of 134 Page 58 of 134 Page 59 of 134 Page 60 of 134 CITY OF CRESTVIEW Item # 10.2. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Michael Criddle, Public Services Director DATE: 2/23/2023 SUBJECT: Support in Developing EPA WIFIA Loan Application BACKGROUND: The City of Crestview continues to experience significant growth in land area and population, particularly the west side of SR-85. As the new By-Pass road is completed, annexation and growth in both residential and commercial sectors will closely follow. In order to facilitate this growth, expansion of water, sewer, and reclaimed water infrastructure is required, which will in turn require significant capital expenditures. This Task Order, 2023-09, is to authorize Jacobs Engineering to provide professional engineering services to support the development of the EPA WIFIA (Water Infrastructure Finance and Innovation Act) application. DISCUSSION: The WIFIA Loan process is a lengthy application process followed by numerous documents and certifications from the City. There are several features of the WIFIA funding that make this an ideal fit for the infrastructure needs of Crestview. The repayment terms are one of the most attractive features, allowing the loan repayment to begin up to five (5) years after the completion of project construction. This timing will allow for the City to begin collecting fees from the use of the new infrastructure in advance of any required debt-service payments. Most other funding sources require debt-service repayment to begin within one year from the receipt of project funding. In order to meet the requirements of the structure of the WIFIA Letter of Intent (LOI), support from Jacobs Engineering is required and has been organized to reflect the major tasks of the LOI, summarized as Tasks 1 through 6. As EPA has not yet issued its notice of funding availability (NOFA) for the current year, the scope of work listed below is based on the LOI requirements for 2022. In recent years, EPA has made some slight adjustments to the requirements for the LOI each year, though the basic requirements have remained largely the same. The proposed work and fee estimate builds on the previous financial and engineering work that Jacobs has performed for the City. The following services proposed are described in detail in the following task descriptions: • Task 1 – Project Management Services • Task 2 – Key Loan Information (LOI Section A) • Task 3 – Engineering and Credit (LOI Section B) • Task 4 – Selection Criteria (LOI Section C) • Task 5 – Contact Information, Certifications, and Notification of State Infrastructure Authority (LOI Sections D, E, and F) • Task 6 – Finalize WIFIA LOI GOALS & OBJECTIVES Page 61 of 134 This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Quality of Life- these areas focus on the overall experience when provided by the city. Safety- Ensure the continuous safety of citizens and visitors Opportunity- Promote an environment that encourages economic and educational opportunity FINANCIAL IMPACT The engineering cost to prepare the WIFIA Loan Application is estimated to be $67,700. Funding is currently available in the Capital Improvements Fund account #332.1633.533.63.00. RECOMMENDED ACTION Staff respectfully requests a motion to approve the Mayor to execute Task Order 2023-09 to allow Jacobs Engineering to proceed with developing the EPA WIFIA Loan Letter of Interest. Attachments 1. CrestviewWIFIALOI_TO2023-09_R2 Page 62 of 134 City of Crestview Professional Services for WIFIA Loan Letter of Interest PPS0206231454PNS 1 THIS TASK ORDER IS ISSUED PURSUANT TO THE PROFESSIONAL ENGINEERING CONTINUING SERVICES CONTRACT DATED MAY 3, 2021 (AGREEMENT), FOR THE CITY OF CRESTVIEW, FLORIDA, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE, WITH RESPECT TO City of Crestview Task Order 2023-09 Scope of Services and Fee for City of Crestview Support in Developing EPA WIFIA Loan Letter of Interest February 8, 2023 Introduction Jacobs will assist the City of Crestview, Florida (the City), in the development of a letter of interest (LOI) to the U.S. Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) loan program to help finance a number of proposed improvements to the City’s water and wastewater system. The LOI is the first submittal required in the process to be considered for a low-interest loan from the WIFIA loan program administered by the EPA. The LOI phase of the WIFIA loan application process is the competitive part of the process. The City is planning to develop an LOI for Year 7 of the WIFIA program. The EPA has not, at the time of this scope of work’s development, issued its notice of funding availability (NOFA) for 2023. In Year 6, WIFIA moved to a rolling application process, instead of having a hard deadline, as it has had in prior years. LOIs for the current cycle, Year 6, were opened for submission on September 6, 2022. After an LOI is submitted, and if EPA evaluates it and decides it is worthy of a full application, EPA will carry it over into the next fiscal year funding when funds become available. Scope of Work In accordance with the structure of the WIFIA LOI, support has been organized to reflect the major tasks of the LOI, summarized as Tasks 1 through 6. As EPA has not yet issued its NOFA for the current year, the scope of work presented herein is based on the LOI requirements for 2022. In recent years, EPA has made some slight adjustments to the requirements for the LOI each year, though the basic requirements have remained largely the same. The proposed work and fee estimate build on the previous financial and engineering work that Jacobs has performed for the City. The following services proposed are described in detail in the following task descriptions: •Task 1 – Project Management Services •Task 2 – Key Loan Information (LOI Section A) •Task 3 – Engineering and Credit (LOI Section B) •Task 4 – Selection Criteria (LOI Section C) •Task 5 – Contact Information, Certifications, and Notification of State Infrastructure Authority (LOI Sections D, E, and F) •Task 6 – Finalize WIFIA LOI The estimated schedule for the LOI services and the estimated compensation for the services are detailed in this document following the task descriptions. As the EPA’s requirements may change in 2023, a small contingency allowance is provided for possible changes to the LOI requirements for 2023. Task 1 – Project Management Services Jacobs will conduct project management, including coordination with the City, schedule, and budget management, monthly progress reports and invoices, project administration, and quality control on Page 63 of 134 City of Crestview Professional Services for WIFIA Loan Letter of Interest 2 deliverables. Upon receipt of the City’s Notice to Proceed (NTP), Jacobs will coordinate with the City to commence the work and will prepare and hold a project kickoff meeting with the City to discuss the project execution plan. Up to two professionals from Jacobs will attend the kickoff meeting. Before the kickoff meeting, Jacobs will provide the City with a list of requested information, which will be made available by the City at the kickoff meeting. Deliverables: •List of requested information •Kickoff and progress meeting summaries in Adobe PDF electronic format •Monthly progress reports and invoices in Adobe PDF electronic format Task 2 – Key Loan Information (LOI Section A) Jacobs will summarize contact information, proposed projects and their descriptions, loan information, and other supporting information that needs to be included in Section A of the LOI. This will include working with the City to select projects to include in the WIFIA LOI, descriptions of those projects proposed for funding from the WIFIA program, their estimated capital cost, purpose, and expected timing. Deliverables: •Support the City in the 1-hour virtual pre-application meeting with EPA that is permitted by WIFIA that provides both an opportunity to ask questions and give the EPA WIFIA team an early opportunity to hear about the projects and the City’s context ahead of their LOI review. •Work with the City to select projects to be included in the WIFIA LOI and provide descriptions of those projects, their purpose and public benefits, anticipated start and finish dates, and estimated construction costs to include in the WIFIA loan program application. •Completed Section A of WIFIA LOI including loan information. Task 3 – Engineering and Credit (LOI Section B) Subtask 3A – Project Information Jacobs will compile the supporting documentation for the LOI as required to satisfy the requirements of Section B of the WIFIA LOI. The supporting documentation for the proposed WIFIA-funded projects may include the following: •Preliminary Engineering Report •Preliminary Design Report •Planning Documents •Executed Contract Documents •Procurement Documents •Detailed project schedule(s) •Engineer’s Cost Estimate associated with detailed project scope •Existing Operation and Maintenance Plan •Professional Service Contract or similar evidence of new Operation and Maintenance Plan to be developed •Risk Mitigation Plan/Matrix •Project Management Plan •Evidence of Experience with similar projects •Draft of Final Bid Specifications with required language •Sample of Final Bid Specifications with required language Page 64 of 134 City of Crestview Professional Services for WIFIA Loan Letter of Interest 3 In addition, Jacobs will support development of the schedule required to be completed as part of Section B. Subtask 3B – WIFIA Financing Plan (Note: If the City has received a water revenue bond rating within the last year, the City may not be required to submit a financing plan with its WIFIA LOI. However, the City may want to develop a financing plan so that it fully understands the implications of its proposed construction program, the WIFIA loan obligations and repayment schedule, and the requirements of the other sources of funding that the City may be relying on to finance its Capital Improvement Plan (CIP.) A financing plan may also be required by the other sources of financing that the City may be pursuing to finance the portions of the CIP not financed by the WIFIA program. It was assumed in the development of this scope of work that the City has not received a revenue bond rating within the last year, and thus would be required to include a financing plan with its LOI, or that it would like to have a financing plan prepared for other reasons.) The financing plan will include the following: •Development of sources and uses of funds table, including the proposed WIFIA assistance and identification of any ineligible project costs. •Estimated total eligible project costs (in dollars): •Requested amount of the WIFIA loan (in dollars): •Draft narrative describing the project(s) plan of finance. It will identify the availability and credit terms of other project funding sources and include any preliminary revenue projections, with description of underlying assumptions. •Description of the proposed credit terms of the WIFIA assistance including any security pledge, the requested lien position (if subordinate position requested includes note that other project debt cannot enjoy senior security without springing parity security rights), maturity date (term), and amortization structure (such as straight-line or sculpted). •Describe the City’s financial condition. •Gather and prepare for submittal the year-end audited financial statement for the past 3 years, as available, as an attachment. •Develop and prepare a pro forma financial model for attachment to the WIFIA LOI. The financial pro forma would present key revenue, expense, and debt repayment assumptions for the revenue pledged to repay the WIFIA loan through the final maturity of the proposed WIFIA debt, including up to 3 years of historical data, as available. The pro forma will be developed in an editable Microsoft Excel format, as required by the WIFIA submittal requirements. The pro forma will include, at a minimum, the following: o Sources of revenue o Operations and maintenance expenses o Dedicated source(s) of repayment o Capital expenditures o Debt service payments and reserve transfers, broken down by funding source and including the WIFIA credit assistance o Projected debt service coverage ratios for total existing debt and the WIFIA debt o The project’s or system’s debt balances broken down by funding sources Page 65 of 134 City of Crestview Professional Services for WIFIA Loan Letter of Interest 4 o Equity distributions, if applicable o Sensitivity projections, if available •Indication of any related SRF funding applications and status, as required by the WIFIA submittal requirements Subtask 3C – Timing and Priority of CIP In addition to developing a financial plan focused on the projects that would be partially financed from the WIFIA loan program, the City has other improvements that it must plan for their construction and financing. To assist the City, Jacobs will develop construction schedules and plans for financing of these additional improvements from sources other than the WIFIA loan program. Jacobs will develop two alternative scenarios for implementation of these additional improvements and plans for financing of these improvements for the City’s consideration. Assumptions: •City staff will be available to respond to questions and help provide supporting information it may have related to the planned improvements, WIFIA financial plan and pro formas, and financial plan scenarios for funding and financing of the other planned improvements. Deliverables: •Supporting materials for Section B of the LOI, and for review by City staff •A financing plan for funding of improvements that will be partially financed or funded through the WIFIA loan program, for review by the City, including the pro forma financial model that will need to be uploaded to the SharePoint site that EPA will provide to the City •Two financial plan scenarios for funding and financing additional improvements beyond those being partially financed through the WIFIA loan program Task 4 – Selection Criteria (LOI Section C) Jacobs will lead the development of the Selection Criteria section of the LOI, as required to satisfy the requirements of Section C, Selection Criteria, in the WIFIA LOI. This will include drafting material for this section and identifying appropriate supplemental supporting material to include as attachments to the LOI as follows: •National or regional significance: Describe the extent to which the project is nationally or regionally significant, with respect to the generation of economic and public benefits, such as (1) the reduction of flood risk; (2) the improvement of water quality and quantity, including aquifer recharge; (3) the protection of drinking water, including source water protection; and (4) the support of international commerce. •New or innovative approaches: Describe the extent to which the project uses new or innovative approaches, particularly water reuse and water recycling. •Protection against extreme weather events: Describe the extent to which the project (1) protects against extreme weather events, such as floods or hurricanes, or (2) helps maintain or protect the environment. •Serves energy exploration or production areas: Describe the extent to which a project serves regions with significant energy exploration, development, or production areas. •Serves regions with water resource challenges: Identify the water resource challenge and the extent to which a project serves regions with significant water resource challenges, including the need to address (1) water quality concerns in areas of regional, national, or international Page 66 of 134 City of Crestview Professional Services for WIFIA Loan Letter of Interest 5 significance; (2) water quantity concerns related to groundwater, surface water, or other resources; (3) significant flood risk; (4) water resource challenges identified in existing regional, state, or multistate agreements; and (5) water resources with exceptional recreational value or ecological importance. •Addresses identified priorities: Describe the extent to which the project addresses identified municipal, state, or regional priorities. •Repair, rehabilitation, or replacement: Describe the extent to which the project addresses needs for repair, rehabilitation or replacement of a treatment works, community water system, or aging water distribution or wastewater collection system. •Economically stressed communities: Describe the extent to which the project serves economically stressed communities or pockets of economically stressed rate payers within otherwise non-economically stressed communities. •Reduces exposure to lead or emerging contaminants: Describe the extent to which the project reduces exposure to lead or addresses emerging contaminants, including PFOA (perfluorooctanoic acid) and PFAS ( perfluoroalkyl and polyfluoroalkyl substances), in the nation’s drinking water systems. •Readiness to proceed: Describe the readiness of the project to proceed toward development, including a demonstration by the prospective borrower that there is a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a federal credit instrument is obligated for the project. •Enables project to proceed earlier: Describe the likelihood that assistance under WIFIA would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. •Financing plan: Describe the extent to which the project financing plan includes public or private financing in addition to assistance under WIFIA. •Reduction of federal assistance: Describe the extent to which assistance under WIFIA reduces the contribution of federal assistance to the project. Assumptions: •The City will be available to respond to questions and help provide supporting information it may have related to the topics within the Selection Criteria Responses. Deliverables: •Draft material for portions of the Section D Selection Criteria of the LOI, for review by the City. Task 5 – Contact Information, Certifications, and Notification of State Infrastructure Authority (LOI Sections D, E, and F) Jacobs will work with City staff to identify contacts and compile the numerous certifications required by the WIFIA loan program for inclusion in the LOI. Jacobs will not develop these certifications but will coordinate their collection and compilation for use in the LOI Section E. The required certifications consist of the following: 1.National Environmental Policy Act: The undersigned acknowledges that EPA will not approve a loan until a final agency determination, such as a Categorical Exclusion, Finding of No Significant Impact, or a Record of Decision, has been issued. Page 67 of 134 City of Crestview Professional Services for WIFIA Loan Letter of Interest 6 2.American Iron and Steel: The undersigned acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use iron and steel products produced in the United States and must comply with all applicable guidance. 3.Prevailing Wages: The undersigned acknowledges that all laborers and mechanics employed by contractors or subcontractors on projects receiving credit assistance under this program will be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141-3144, 3146, and 3147 of Title 40 (Davis-Bacon wage rules). 4.Lobbying: United States Code (U.S.C.) Title 31, Section 1352 provides that none of the funds appropriated by any Act of Congress may be expended by a recipient of a contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, or an employee of a Member of Congress in connection with the award or making of a federal contract, grant, loan, or cooperative agreement or the modification thereof. EPA interprets this provision to include the use of appropriated funds to influence or attempt to influence the selection for assistance under the WIFIA and state infrastructure financing authority WIFIA (SWIFIA) program. Prospective borrowers must file a declaration: (a) with the submission of an application for SWIFIA credit assistance; (b) upon receipt of SWIFIA credit assistance (unless the information contained in the declaration accompanying the SWIFIA application has not materially changed); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed in connection with the SWIFIA credit assistance. The undersigned certifies, to the best of their knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients will certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 68 of 134 City of Crestview Professional Services for WIFIA Loan Letter of Interest 7 5.Debarment: The undersigned further certifies that it is not currently: (1) debarred or suspended ineligible from participating in any federal program; (2) formally proposed for debarment, with a final determination still pending; or (3) indicted, convicted, or had a civil judgment rendered against it for any of the offenses listed in the Regulations Governing Debarment and Suspension (Governmentwide Non-procurement Debarment and Suspension Regulations: 2 Code of Federal Regulations Part 180 and Part 1532). 6.Default/Delinquency: The undersigned further certifies that neither it nor any of its subsidiaries or affiliates are currently in default or delinquent on any debt or loans provided or guaranteed by the federal government. 7.Other Federal Requirements: The undersigned acknowledges that it must comply with all other federal statutes and regulations, as applicable. A non-exhaustive list of federal cross-cutting statutes and regulations can be found at the following link: https://www.epa.gov/wifia/wifia- resources#complianceanchor. 8.SWIFIA Requirements: The undersigned acknowledges that it must comply with EPA requirements regarding the loans included in the SWIFIA Project, acceptance of standard terms or indenture requirements, and other SWIFIA program requirements outlined in regulation and guidance materials. 9.Signature: By submitting this LOI, the undersigned certifies that the facts stated, and the certifications and representations made in this LOI are true, to the best of the prospective borrower’s knowledge and belief after due inquiry, and that the prospective borrower has not omitted any material facts. The undersigned is an authorized representative of the SIFA. 10.Notification of State Infrastructure Authority: Jacobs will help coordinate the City’s response under Section F of the LOI. Assumptions: •City staff will assist in coordinating obtaining certifications from City and contractors. Deliverables: •Compiled City contact information and certifications for use in the LOI Task 6 – Finalize WIFIA LOI Jacobs will support the City in finalizing and submitting the LOI to EPA. This could include support in areas such as the following: •Compiling the material required for the various sections of the LOI from assigned primary authors into a single file. •Providing editorial support in finalizing the material in the LOI. •Assisting the City in uploading the LOI and attachments to EPA’s WIFIA site. •Supplemental consulting support for political advocacy, as requested by City. (This scope of work includes approximately 16 hours of support.) Deliverables: •Revised final version of material to submit as the City’s WIFIA LOI. Page 69 of 134 City of Crestview Professional Services for WIFIA Loan Letter of Interest 8 Schedule The intended submittal time of each deliverable is included in the following table. The anticipated total duration of this amendment is 30 weeks. Task Time from NTP Task 1 - Project Management Services including kickoff meeting and data requests 3 weeks Task 2 - Key Loan Information (LOI Section A)8 weeks Task 3 - Engineering and Credit (LOI Section B)14 weeks Task 4 - Selection Criteria (LOI Section C)20 weeks Task 5 - Contact Information and Certifications (LOI Sections D, E, and F)26 weeks Task 6 - Finalize WIFIA LOI 30 weeks Compensation A summary of costs for tasks associated with the WIFIA Loan LOI Assistance described in the Scope of Work are provided in Table 1. Compensation for services and expenses under this Task Order shall be on a lump sum basis with an amount of $67,700. Jacobs will provide the City a monthly invoice for the services provided, along with a summary of activities performed under this contract. An estimated earned value (percent complete) for each project subtask will be the basis for progress payments. Additional Assumptions •Selection of a WIFIA LOI is not guaranteed. •The City will provide historical data to Jacobs as required, within14 calendar days, to assist with the development of any component of a WIFIA LOI. Historical data could include technical, as well as financial data, and future CIP and pro forma data. Jacobs will reasonably rely on the accuracy, timeliness, and completeness of the information provided by the City. •The City will make timely decisions, within14 calendar days, regarding WIFIA LOI, on questions or issued posed by Jacobs as material is developed for inclusion in the WIFIA LOI. •All documents, reports, memoranda, agendas, minutes, invoices, and other submittals will be transmitted to the City electronically unless otherwise specified. •In providing opinions of cost, economic feasibility projections, and schedules for projects, Jacobs has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Jacobs makes no warranty that the City’s actual project costs, economic feasibility, or schedules will not vary from Jacobs’ opinions, analyses, projections, or estimates. •Jacobs will obtain written approval before proceeding with additional tasks under this agreement. •This scope of work is limited to consulting services; no direct supervision of City employees or contractors will occur. Page 70 of 134 City of Crestview Professional Services for WIFIA Loan Letter of Interest 9 •Jacobs may reasonably rely on the accuracy of information provided by City employees and contractors. •Jacobs will not be responsible for the quality and completeness of information provided by City employees and contractors, nor for acts by City employees and contractors. Authorized Representatives The Authorized Representatives designated below are authorized to act with respect to Task Order 2023-09. Communications between the parties and between Jacobs's subcontractors shall be through the Authorized Representatives: For the City of Crestview, Florida For Jacobs Engineering Group, Inc Name: Mike Criddle Name: Scott Jernigan Address: P.O. Drawer 1209 Crestview, Florida 32536 Address: 25 W. Cedar Street, Suite 350 Pensacola, Florida 32502 Telephone: (850) 682-6134 Telephone: (850) 266-3975 Authorization: Task Order 2023-09 is effective as of __________, 2023 Accepted for City by:Accepted for Jacobs Engineering Group, Inc. by: Name: J.B. Whitten Name: Scott L Jernigan, PE Title: Mayor Title: Pensacola Area Market Lead Page 71 of 134 CITY OF CRESTVIEW Item # 10.3. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Anthony Holland, Fire Chief DATE: 2/23/2023 SUBJECT: Permission to secure price for fire trucks BACKGROUND: In Fiscal Year 2023, the City will pay the final payment for two fire engines currently being leased. To stay current with the growth of the city, the acquisition of two additional engines is necessary. DISCUSSION: In preparation for the 2024 budget, the Fire Chief obtained information to lease two additional engines from our current vendor to maintain consistency in the fleet. Since growth means more emergencies and non- emergency calls, our equipment needs to stay up to date. We are looking at leasing two (2) new fire engines for the budget year 2023-2024. With the leasing of the two (2) apparatuses, the fire department will be able to dispose of our current backup apparatuses that are out dated and require constant maintenance. To secure the pricing of the two additional engines, the vendor must receive our lease commitment by February 28, 2023. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Page 72 of 134 Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT There is currently no financial impact on the new leased engines. The payments will begin being budgeted in fiscal year 2024. RECOMMENDED ACTION Staff respectfully requests the approval to move forward with this commitment, as presented. Attachments None Page 73 of 134 CITY OF CRESTVIEW Item # 10.4. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Tim Bolduc, City Manager DATE: 2/23/2023 SUBJECT: Letter of Support for Mayor JB Whitten BACKGROUND: Mayor JB Whitten is running for 2nd Vice President for the Florida League of Cities. DISCUSSION: Letter Of Support The Florida League of Cities is an important organization that represents over 400 of the 411 cities in the state of Florida. They have done great work for the City of Crestview in the past and we anticipate this to continue in the future. To accomplish their goal of always representing the needs of our cities, they must have committed leaders who are knowledgeable of our cities’ needs and totally involved with the League of Cities. Our Mayor, JB Whitten, personifies these needs. He is currently a member of the Board of Directors for the Okaloosa County League of Cities, a past President and current Board of Directors member of the Northwest Florida League of Cities, a member of the Florida League of Cities Transportation and Intergovernmental Relations Committee for a third year, a member of Advocacy Committee for a second year, a member of the Federal Action Strike Team for a second year, a member of the Florida League of Mayors Board of Directors for a second year, and a member of the Florida League of Cities Board of Directors for a second year. In addition, he represents our city well by meeting with our State Senators and Representatives annually and attending the Florida League of Cities Annual Conference every year. He recently led the city in partnering with the Northwest League of Cities by hosting an Overdose Summit which addressed the horrific opioid crisis in society. All this leads us as members of the Crestview City Council to, without any reservations, endorse JB Whitten to be the next 2nd Vice President of the Florida League of Cities. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Page 74 of 134 Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT Na RECOMMENDED ACTION Staff respectfully requests a motion to sign a Letter of Support for Mayor JB Whitten for nomination to the 2nd VP for Florida League of Cities. Attachments None Page 75 of 134 CITY OF CRESTVIEW Item # 11.1. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 2/17/2023 SUBJECT: Appointment of Bryan Follmar as a full member of the Planning and Development Board BACKGROUND: In January, a vacancy occurred on the Planning and Development Board. DISCUSSION: The Code of Ordinances provides instructions for the filling of a seat of the Planning and Development Board when vacancies occur. • If a vacancy occurs on the Board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor as a regular member. In the event both alternates have served for the same continuous period of time, then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. 1.In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment will simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. Bryan Follmar served as an alternate and attended the meetings, as required. Both Michael Roy, Chair, and Community Development Director Barry Henderson, endorse his recommendation. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Page 76 of 134 Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Staff respectfully requests a motion to appoint Bryan Follmar as a regular member of the Planning and Development Board with the full term to begin at the first meeting in March 2023. Attachments None Page 77 of 134 CITY OF CRESTVIEW Item # 11.2. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 2/17/2023 SUBJECT: Planning and Development Board Volunteer Needed BACKGROUND: A vacancy exists on the Planning and Development Board for an Alternate. DISCUSSION: A vacancy exists on the Planning and Development Board for an alternate. The link to apply is on our website: https://www.cityofcrestview.org/FormCenter/Boards-and-Committees-17/Planning-and-Development-Board- 83, or a volunteer applicant may contact me at 850 682-1560 ext. 250 or email cityclerk@cityofcrestview.org to obtain an application. An applicant must reside within the city limits. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT Page 78 of 134 n/a RECOMMENDED ACTION No action required. Attachments None Page 79 of 134 CITY OF CRESTVIEW Item # 12.1. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Gina Toussaint, Finance Director DATE: 2/23/2023 SUBJECT: Financial Update - Finance Director BACKGROUND: This is a presentation of the monthly financial information as required by the City Charter. DISCUSSION: Below you will find the link to the January disbursement registers. Also provided are the monthly Unaudited Schedules of Revenues & Expenditures and Cash Carryforward ending December 31, 2022. Follow this link by clicking on the icon with the arrow for the January check registers and financial statements: January Check Register January Epayables Register December 2022 Monthly Financial Statement Pooled Cash Carryforward Ending December 2022 GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Page 80 of 134 Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT N/A RECOMMENDED ACTION For informational purposes. No action required. Attachments None Page 81 of 134 CITY OF CRESTVIEW Item # 12.2. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Anthony Holland, Fire Chief DATE: 2/23/2023 SUBJECT: Fire Department Report - Fire Chief Anthony Holland BACKGROUND: Monthly Department Head Report DISCUSSION: Presenting the Council last year's stats on emergency/nonemergency calls. Update on our goals that were set in our strategic plan. Informing the council on the north end fire department's training at the new facility. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Page 82 of 134 No action required. Attachments None Page 83 of 134 CITY OF CRESTVIEW Item # 13.1. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 2/22/2023 SUBJECT: Appointment of Ray Nelson to the Citizen's Advisory Council BACKGROUND: A vacancy exists on the Board, as Ryan Knox has resigned. DISCUSSION: The Citizen's Advizory Committee is a committee apointed by the mayor to advise him on issues of concern. The recently vacated seat will be filled by Mr. Nelson. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT N/A RECOMMENDED ACTION Page 84 of 134 n/a Attachments None Page 85 of 134 CITY OF CRESTVIEW Item # 13.2. Staff Report CITY COUNCIL MEETING DATE: February 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Tim Bolduc, City Manager, Jerry Whitten, Mayor DATE: 2/23/2023 SUBJECT: Letter of Support for Restoring Passenger Rail in Pensacola/North Florida BACKGROUND: Cited from Gulf Coast Working Group Report to Congress: "In 2005, Hurricane Katrina caused significant damage to the rail infrastructure in the Gulf Coast Corridor, leading to the suspension of Amtrak’s passenger rail service east of New Orleans. Over the course of the past decade, it has become clear that the restoration of passenger rail service along the corridor is important to the region in order to sustain its economic growth and provide additional connectivity between growing economic centers and the region’s smaller communities and rural areas and north-south intermodal routes. The Federal Railroad Administration (FRA) and the Southern Rail Commission (SRC) held the first meeting of the Gulf Coast Working Group (GCWG). Congress directed the formation of the GCWG in December 2015 in the Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94, § 11304, 129 Stat. 1312, 1655 [Dec. 4, 2015]). Section 11304 of the FAST Act requires the GCWG to evaluate the restoration of intercity passenger rail service between New Orleans, LA and Orlando, FL and to submit a report (Report) to Congress that includes a preferred option for restoring service; the reasons for selecting that option; a prioritized inventory of capital projects; the infrastructure, costs, and benefits associated with restoration of service; potential funding sources; and any other related information. This Report, which fulfills the requirements of Section 11304, identifies the preferred option as restoring service between: • New Orleans, LA and Orlando, FL via long-distance train for one daily round trip, and • New Orleans, LA and Mobile, AL via state-supported train for one daily round trip." DISCUSSION: The Gulf Coast Working Group (GCWG) is seeking support from all cities and counties that would be affected by restoring the passenger rail. In GCWG's Report to Congress the following are mentioned as potential economic benefits: To fully assess the potential return on an investment to support the restoration of passenger rail service along the Gulf Coast, the region is presented as a whole, looking across political boundaries. Over twenty-two million people live in the four-state region, working in crucial U.S. industries like commercial seafood, shipping, tourism, and oil and gas production. By the year 2050, the Gulf Coast megaregion’s population is expected to increase by an estimated 10 million people, or 76%; similarly, the Florida megaregion is expected to grow by an estimated 13.8 million people, or 80%.4 Passenger rail service could improve links between growing economic centers and the region’s smaller communities and rural areas. The proposed services (including long-distance service between Orlando and New Orleans and daily state- supported service between Mobile and New Orleans) are anticipated to provide a number of economic benefits to communities, residents, visitors, and businesses across the Gulf Coast region: Page 86 of 134 • Expanded customer markets for tourism and business travel; • Improved access to labor markets, educational opportunities, and healthcare; and • Expanded transportation options. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT RECOMMENDED ACTION Staff respectfully requests council to approve a letter of support to restore passenger rail in Pensacola/North Florida and provide a letter of resolution at the next council meeting on March 13, 2023. Attachments 1. 2017-07-17_Gulf Coast Working Group Report to Congress (Main Section)- Final Page 87 of 134 Gulf Coast Working Group Report to Congress Prepared for: Committee on Commerce, Science and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives Submitted by: The Gulf Coast Working Group Final Report July 2017 Page 88 of 134 Gulf Coast Working Group Report to Congress i Table of Contents 1 OVERVIEW .............................................................................................................................. 1 2 BACKGROUND AND HISTORY ................................................................................................. 1 2.1 DESCRIPTION OF GCWG SCOPE OF WORK ...................................................................... 1 2.1.1 THE FAST ACT AND RESPONSE TO CONGRESS ............................................................... 1 2.1.2 GOALS .............................................................................................................................. 2 2.1.3 REPORT ORGANIZATION .................................................................................................. 2 2.2 HISTORY .......................................................................................................................... 2 2.2.1 PREVIOUS PASSENGER RAIL SERVICE TO THE GULF COAST ........................................... 2 2.2.2 RECENT HISTORY OF LOCAL SUPPORT TO RESTORE PASSENGER SERVICE .................... 4 2.3 REGIONAL ECONOMIC SUMMARY .................................................................................... 4 2.3.1 POTENTIAL ECONOMIC BENEFITS .................................................................................... 4 2.4 DESCRIPTION OF PARTIES INVOLVED ............................................................................... 5 2.4.1 GULF COAST WORKING GROUP STRUCTURE & MEMBERSHIP ........................................ 5 2.4.2 GCWG INTERACTION WITH CONGRESSIONAL MEMBERS ............................................... 5 3 EXISTING CONDITIONS ........................................................................................................... 6 3.1 EXISTING RAILROAD INFRASTRUCTURE ........................................................................... 6 3.1.1 ELEMENTS OF RAIL INFRASTRUCTURE ............................................................................ 6 3.1.2 EXISTING GULF COAST CORRIDOR RAIL INFRASTRUCTURE ........................................... 6 3.1.2.1 OTHER INFRASTRUCTURE ................................................................................................ 9 4 PROPOSED RESTORATION PLAN .......................................................................................... 10 4.1 PREVIOUSLY STUDIED OPTIONS ..................................................................................... 10 4.2 DESCRIPTION OF PROPOSED SERVICE OPTIONS .............................................................. 12 4.2.1 ALTERNATIVE A ............................................................................................................ 12 4.2.2 ALTERNATIVE A1 .......................................................................................................... 13 4.2.3 PREFERRED OPTION ....................................................................................................... 14 4.3 PASSENGER SERVICE SCHEDULE COMPARISON .............................................................. 14 4.4 OPERATIONAL REQUIREMENTS ...................................................................................... 15 4.4.1 TERMINALS .................................................................................................................... 15 4.4.1.1 NEW ORLEANS ............................................................................................................... 15 4.4.1.2 MOBILE .......................................................................................................................... 15 4.4.1.3 ORLANDO AREA AND SUNRAIL OPERATIONS ................................................................ 15 4.4.1.4 ROLLING STOCK EQUIPMENT ........................................................................................ 16 4.5 CAPITAL IMPROVEMENTS............................................................................................... 16 4.5.1 STATION REVIEW ........................................................................................................... 16 4.5.1.1 APPROACH TO DEFINING INCREMENTAL STATION IMPROVEMENTS ............................. 16 4.5.1.2 HIGHLIGHTS/SUMMARY OF ASSESSMENT FINDINGS ..................................................... 17 4.5.1.3 ORDER-OF-MAGNITUDE CAPITAL COST SUMMARY...................................................... 18 4.5.2 RAIL INFRASTRUCTURE ................................................................................................. 19 4.5.2.1 BACKGROUND ................................................................................................................ 19 4.5.2.2 ASSESSMENT OF INFRASTRUCTURE IMPROVEMENTS .................................................... 20 4.5.2.3 FRA IDENTIFIED IMPROVEMENTS .............................................................................. 23 4.5.2.4 FRA IDENTIFIED IMPROVEMENTS FOR CSX LINE AND ORDER OF MAGNITUDE CAPITAL COSTS .............................................................................................................................. 29 Page 89 of 134 Gulf Coast Working Group Report to Congress ii 5 IMPLEMENTATION ................................................................................................................ 30 5.1 FRA IDENTIFIED PROGRAM OF IMPROVEMENTS ........................................................ 30 5.1.1 OPERATIONS AND MAINTENANCE (O&M) COSTS ......................................................... 31 5.1.2 SUMMARY OF STATION, INFRASTRUCTURE & OTHER IMPROVEMENT COSTS .............. 31 5.2 FUNDING ........................................................................................................................ 32 5.2.1 LOCAL FUNDING ............................................................................................................ 32 5.2.1.1 LOCAL MATCH TO FRA GRANTS .................................................................................. 32 5.2.1.2 OTHER LOCAL FUNDING INITIATIVES ........................................................................... 33 5.2.1.3 BP OIL SPILL SETTLEMENT PROCEEDS .......................................................................... 33 5.2.2 THE FAST ACT .............................................................................................................. 33 5.2.2.1 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (CRISI) PROGRAM ....................................................................................................................................... 33 5.2.2.2 RESTORATION AND ENHANCEMENT (REG) PROGRAM ................................................. 33 5.2.2.3 FASTLANE GRANTS ........................................................................................................ 33 5.2.3 TIGER GRANTS ............................................................................................................... 34 5.2.4 HIGHWAY-RAIL GRADE CROSSINGS ............................................................................. 34 5.2.4.1 ALABAMA DOT ............................................................................................................. 34 5.2.4.2 LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT (DOTD) .............. 34 5.2.5 RRIF/TIFIA PROGRAMS ................................................................................................ 35 5.3 NEXT STEPS ................................................................................................................... 35 5.3.1 VERIFY RECOMMENDED IMPROVEMENTS ..................................................................... 35 5.3.2 CONFIRM PTC REQUIREMENTS ..................................................................................... 35 5.3.3 EVALUATE SAFETY AT GRADE CROSSINGS ................................................................... 35 5.3.3.1 PROPOSED GRADE CROSSING STUDY ............................................................................ 35 5.3.3.2 MISSISSIPPI RAILROAD CORRIDOR WORKING GROUP .................................................. 35 5.3.4 NEPA ENVIRONMENTAL REVIEW ................................................................................. 36 5.3.5 EXECUTE NECESSARY AGREEMENTS ............................................................................ 36 5.3.6 APPLICATION OF POTENTIAL FUNDING ......................................................................... 36 5.3.6.1 REQUEST FOR FUNDING: ................................................................................................ 37 5.3.7 IDENTIFICATION OF REAL ESTATE REQUIREMENTS & DEVELOPMENT OPPORTUNITIES 37 5.3.8 OTHER RECOMMENDATIONS ......................................................................................... 37 5.3.8.1 EXTEND LONG-DISTANCE SERVICE TO TAMPA, FL ...................................................... 37 5.3.8.2 ASSESSMENT OF EXTENDING STATE-SUPPORTED SERVICE TO ATMORE, AL ............... 37 6 CLOSING STATEMENT ........................................................................................................... 38 Page 90 of 134 Gulf Coast Working Group Report to Congress iii List of Tables TABLE 1 – EXISTING GULF COAST RAIL INFRASTRUCTURE ......................................................... 7 TABLE 2 – SUMMARY OF ALTERNATIVES CONSIDERED IN AMTRAK 2015 STUDY ..................... 12 TABLE 3 – SCHEDULE COMPARISON OF LONG-DISTANCE TRAIN ............................................... 15 TABLE 4 – SUMMARY OF ESSENTIAL STATION RESTORATION COSTS ........................................ 19 TABLE 5 – CAPITAL COST SUMMARY - FRA'S IDENTIFIED IMPROVEMENTS .............................. 30 TABLE 6 – CAPITAL COST SUMMARY BY PHASED IMPLEMENTATION ........................................ 32 TABLE 7 – FIVE-YEAR FUNDING PLAN FOR FRA’S IDENTIFIED IMPROVEMENTS ....................... 32 List of Figures FIGURE 1 – CORRIDOR ROUTE MAP ............................................................................................. 3 FIGURE 2 – MAP OF EXISTING GULF COAST RAIL INFRASTRUCTURE ........................................... 8 FIGURE 3 – ALTERNATIVE A ...................................................................................................... 13 FIGURE 4 – ALTERNATIVE A1 .................................................................................................... 14 FIGURE 5 – MAPS OF FRA’S IDENTIFIED IMPROVEMENTS .......................................................... 27 Appendices APPENDIX A – LETTERS FROM GCWG MEMBERS REGARDING REPORT TO CONGRESS APPENDIX B – GLOSSARY OF RAILROAD TERMS APPENDIX C – SCHEMATIC DIAGRAMS OF PREVIOUS GULF COAST PASSENGER RAIL SERVICES APPENDIX D – REGIONAL ECONOMIC AND LOCAL SUPPORT APPENDIX E – GULF COAST WORKING GROUP MEMBERSHIP DETAILS APPENDIX F – SUPPORTING DOCUMENTATION/INFORMATION FROM GULF COAST WORKING GROUP MEMBERS APPENDIX G – RESOLUTIONS OF SUPPORT APPENDIX H – STATUS UPDATE LETTERS TO CONGRESS APPENDIX I – SEGMENT-BY-SEGMENT DESCRIPTION OF EXISTING CONDITIONS APPENDIX J – (AMTRAK) STATION CONDITION ASSESSMENT APPENDIX K – REPORT ON OPERATIONS MODELING ANALYSIS FOR IMPLEMENTING PASSENGER RAIL SERVICE ON CSX LINES IN THE GULF COAST CORRIDOR, AUGUST 11, 2016 APPENDIX L – CAPITAL COST DOCUMENTATION FOR FRA IDENTIFIED INFRASTRUCTURE IMPROVEMENTS APPENDIX M – US COAST GUARD CORRESPONDENCE FROM OCTOBER 2016 Page 91 of 134 Gulf Coast Working Group Report to Congress ES-1 EXECUTIVE SUMMARY The Federal Railroad Administration (FRA) and the Southern Rail Commission (SRC) held the first meeting of the Gulf Coast Working Group (GCWG). Congress directed the formation of the GCWG in December 2015 in the Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94, § 11304, 129 Stat. 1312, 1655 [Dec. 4, 2015]). Section 11304 of the FAST Act requires the GCWG to evaluate the restoration of intercity passenger rail service between New Orleans, LA and Orlando, FL and to submit a report (Report) to Congress that includes a preferred option for restoring service; the reasons for selecting that option; a prioritized inventory of capital projects; the infrastructure, costs, and benefits associated with restoration of service; potential funding sources; and any other related information. This Report, which fulfills the requirements of Section 11304, identifies the preferred option as restoring service between: • New Orleans, LA and Orlando, FL via long-distance train for one daily round trip, and • New Orleans, LA and Mobile, AL via state-supported train for one daily round trip. This option consists of two of the five alternatives studied by Amtrak for its December 2015 report for the SRC. That report, titled Potential Gulf Coast Service Restoration Options, included an analysis of ridership levels, projected revenues, and associated costs. For the purpose of this Report, Amtrak’s analysis was used to estimate annual operating needs for each service: $5.48 million for the long-distance train between New Orleans and Orlando, and $4 million for the state-supported train between New Orleans and Mobile. The GCWG identified the Orlando and Mobile services as preferred because they outperformed the other options studied by Amtrak in terms of ridership demand and operating funding needs. In addition, they are expected to expand markets for tourism and business travel; reduce vehicular congestion on Interstate 10; improve access to jobs, education, and healthcare; and provide support for disaster and emergency response in a region susceptible to coastal storm events. This Report considers restoring passenger rail service on the aforementioned corridor segments at two investment levels: • Minimum needed for passenger rail service 1 – primarily station improvements. This investment level would support restoration of a long-distance train only at the level similar to the suspended Sunset Limited operations between New Orleans, LA and Orlando, FL; and • Service level for ongoing operations – improvements that are intended to reduce trip times and enhance service reliability. This investment level would support the addition of the state-supported train, which would operate during the day when freight traffic between New Orleans and Mobile is higher; as a result, more improvements are recommended. However, the effectiveness of the improvements for on-time performance has not been validated as part of this Report, but doing so is recommended as a next step. 1 The minimum needed for passenger rail service does not include Positive Train Control since the specific need for it has not yet been determined. Page 92 of 134 Gulf Coast Working Group Report to Congress ES-2 The GCWG discussed different proposals that require further discussion. FRA also identified a program of capital improvements and developed preliminary costs at each investment level for each corridor segment. See the Capital Cost Summary table below. Existing station improvements and associated costs were derived from Amtrak’s 2016 analysis regarding the condition of suspended service stations along the Gulf Coast Corridor in Mississippi, Alabama, and Florida. All other improvements and costs listed were developed from infrastructure analysis conducted by FRA, which is the result of evaluating CSX’s track charts, outputs from CSX’s model that shows the freight activity along the corridor (i.e., string line diagrams), and recent aerial photos of the corridor. Furthermore, for the service level for ongoing operations investment level, most of the proposed improvements for the restoration of passenger rail service from New Orleans to Orlando will benefit the freight operations and the proposed passenger service. With the exception of the passenger station related work, the following improvements will help the rail freight services as well as accommodate the passenger service: additional yard bypass tracks; improvements to passing sidings; addition of higher speed turnouts to existing siding tracks; and upgrades to miter rails on moveable bridges, which would allow for higher speeds, as well as others identified in Chapter 4. It should be noted that Positive Train Control (PTC) and any associated signal system needs and costs are not included in FRA’s recommendation because FRA, Amtrak, and CSX Transportation (CSX), which owns the right-of-way along this corridor, need to further assess the existing and planned operations on the line to make a final determination on those items before passenger rail service is restored, in accordance with federal law. A range of preliminary estimates for the cost of installing a PTC system is provided in Chapter 4 (Section 4.5.2.3), but these estimates relate only to PTC installation costs, not ongoing operation and maintenance (O&M) costs. Page 93 of 134 *XOI&RDVW:RUNLQJ*URXS5HSRUWWR&RQJUHVV (6  &DSLWDO&RVW6XPPDU\±)5$¶V,GHQWLILHG,PSURYHPHQWVIRU5HVWRUDWLRQRI*XOI&RDVW ,QWHUFLW\3DVVHQJHU5DLO6HUYLFH  $VSDUWRILWVLQIUDVWUXFWXUHDQDO\VLV)5$FRQVLGHUHGDQGLQFRUSRUDWHGVRPHRIWKHHOHPHQWV HJ\DUGE\SDVVWUDFNV IURPWZRLQIUDVWUXFWXUHLPSURYHPHQWSODQVSURGXFHGE\&6;&6;¶V LQLWLDOSODQZKLFKKDVDELOOLRQHVWLPDWHZDVEDVHGRQRSHUDWLRQVPRGHOLQJDQDO\VLV SHUIRUPHGE\&6;DQGLWVFRQVXOWDQWVKRZHYHU&6;VWDWHGLWVWLOOPD\QRWEHSRVVLEOHIRU SDVVHQJHUWUDLQVWRRSHUDWHZLWKDQRQWLPHSHUIRUPDQFHRIDWDOOVWDWLRQVHYHQDIWHUVXFK LQYHVWPHQWVZHUHPDGH&6;WKHQGHYHORSHGDSODQZLWKDUHGXFHGVFRSHRILPSURYHPHQWV ZKLFKLVEDVHGRQDVLWHYLVLWRIWKH*XOI&RDVW&RUULGRU RSHUDWLRQVPRGHOLQJDQDO\VLVZDVQRW FRQGXFWHG DQGLQFOXGHVQHZDQGH[WHQGHGVLGLQJVDVZHOODVWUDFN\DUGEULGJHDQGVLJQDO LPSURYHPHQWV7KHUHYLVHGSODQ¶VFRVWHVWLPDWHLVPLOOLRQ,Q&6;¶VYLHZWKH LPSURYHPHQWVLGHQWLILHGLQLWVLQIUDVWUXFWXUHSODQVSURYLGHQHFHVVDU\FDSDFLW\WRLQFUHDVHVHUYLFH UHOLDELOLW\DQGOLPLWLPSDFWVWKDWZRXOGLQWHUIHUHZLWK&6;¶VIUHLJKWRSHUDWLRQV +RZHYHUVLQFHSURYLGLQJWKHUHGXFHGVFRSHRILPSURYHPHQWV&6;KDVGHWHUPLQHGLWLVQRW YDOLGDQGLQVLVWVWKDWWKHLULQLWLDOSODQ¶VELOOLRQFRVWHVWLPDWHLVQHFHVVDU\WRVXSSRUW SDVVHQJHUVHUYLFH&6;EHOLHYHVWKDWWKHPRVWDFFXUDWHDQDO\VLVRIZKDWZRXOGEHUHTXLUHGWR DGGPRGLILHG$PWUDNVHUYLFHGHVFULEHGLQWKLV5HSRUWLVWKHLQLWLDOPRGHOLQJDXWKRUL]HGDQG IXQGHGE\)5$DQGFRQGXFWHGE\+'5ZLWK&6;DVWKHLQWHUPHGLDU\ 7KH+'5VWXG\IRXQGWKDWPRQXPHQWDOFDSDFLW\FKDOOHQJHVH[LVWDORQJWKH&6;UDLOOLQHIURP 1HZ2UOHDQV/$WR0RELOH$/WR'HODQG)/ZKLFKZLOOPDNHRSHUDWLQJWKHSURSRVHGQHZ SDVVHQJHUVHUYLFHWKDWPHHWVWKHUHTXLUHGRQWLPHSHUIRUPDQFHRIYHU\GLIILFXOWDQGYHU\ H[SHQVLYH(YHQZLWKWDUJHWHGFDSLWDOSURMHFWVHVWLPDWHGWRFRVWPRUHWKDQELOOLRQWKH PRGHOLQJHVWLPDWHVWKHORQJGLVWDQFHWUDLQZRXOGVWLOORQO\UHDFKRQWLPHSHUIRUPDQFHZHOO EHORZWKHIHGHUDOUHTXLUHPHQW&6;DVVHUWVWKDWRWKHUHIIRUWVWRVHHNIHZHULQIUDVWUXFWXUH HQKDQFHPHQWVDQGORZHUFRVWDOWHUQDWLYHVIDLOWRDGHTXDWHO\DGGUHVVIHGHUDOO\PDQGDWHGRQWLPH SHUIRUPDQFHUHTXLUHPHQWVSRWHQWLDOGHJUDGDWLRQRIIUHLJKWVHUYLFHDQGPDMRUFDXVHVRIGHOD\ LQFOXGLQJPRYHDEOHEULGJHV+RZHYHUWKH+'5VWXG\ZDVFRQGXFWHGVROHO\E\+'5DQG&6; 7KLVWDEOHGRHVQRWLQFOXGHRSHUDWLQJFRVWV Page 94 of 134 Gulf Coast Working Group Report to Congress ES-4 and the non-proprietary assumptions, methodology, and inputs used to develop the model have not yet been fully shared with any other members of the GCWG. As such, the GCWG could not validate the results of the HDR study. The GCWG cannot concur with any proposed capital investment from CSX without understanding how the proposal was developed. It is CSX’s position that if Amtrak wishes to add modified passenger rail service along the Gulf Coast, the appropriate next step is for it to initiate the planning process with a formal notice to CSX so that the two parties, and ultimately the Surface Transportation Board (STB), can establish a path forward. To illustrate an implementation schedule, FRA prepared an estimate of capital funding needs to implement FRA’s identified improvements over the next five years, which is shown in the Five- Year Funding Plan table below. Five-Year Funding Plan for FRA’s Identified Improvements As indicated above, a combination of local, state, and federal funding needs to be secured to support initial and ongoing capital costs. This is also the case for O&M needs; although, at this time, a funding plan for O&M needs has not been determined. However, in accordance with the requirements of FAST Act, Section 11304, this Report identifies potential funding and financing sources, both existing and anticipated, that could support the restoration of passenger rail service: Existing • Railroad Rehabilitation and Improvement Financing (RRIF) Program • Transportation Infrastructure Finance and Innovation Act (TIFIA) Program • Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program • Restoration and Enhancement (REG) Program • Infrastructure for Rebuilding America Grant Program • Transportation Investment Generating Economic Recovery (TIGER) Program • Railway-Highway Crossings (Section 130) Program • Fiscal Year 2006 Gulf Coast High-Speed Rail Corridor Earmark Funds • Local Community Funds Anticipated • British Petroleum’s (BP) Oil Spill Proceeds The next steps outlined in this Report are critical to advance the investment plan. CSX, FRA, Amtrak, and the SRC need to verify the recommended improvements to ensure the proper investments are identified for the restoration of service. Also, determining a funding plan for O&M needs and capital improvements will require additional analysis, coordination, and Federal Non-Federal Federal Non-Federal Federal Non-Federal Federal Non-Federal Federal Non-Federal Federal Non-Federal Planning & Project Development $4,000,000 $1,000,000 Stations $3,887,200 $971,800 $3,887,200 $971,800 $3,270,667 $817,667 $3,270,667 $817,667 $3,270,667 $817,667 Infrastructure & New Stations $24,183,733 $6,045,933 $24,183,733 $6,045,933 $24,183,733 $6,045,933 Annual Totals $4,000,000 $1,000,000 $3,887,200 $971,800 $3,887,200 $971,800 $27,454,400 $6,863,600 $27,454,400 $6,863,600 $27,454,400 $6,863,600 Costs shown are in 2016 dollars. For planning purposes, FRA assumes a federal share of 80% and non-federal share of 20%. * Positive Train Control (PTC) & base signal system installation needs and costs from Flomaton, AL to Jacksonville, FL and Flomaton, AL to Tallahassee, FL, respectively, have not been determined by the time this report was finalized. The installation of PTC could significantly increase the service restoration costs. Year 1 Year 2 Year 3 Project Element Year 4 Year 5 Planning and Project Development Minimum Needed for Passenger Rail Service*Service Level for Ongoing Operations Page 95 of 134 Gulf Coast Working Group Report to Congress ES-5 collaboration among GCWG members. To maintain the momentum achieved by the GCWG, this Report recommends that Congress act quickly to provide at least $5 million (estimated) for planning and project development—which would include additional planning for operations modeling, required environmental studies, property acquisition for new station and terminal facilities, design/engineering, and construction. Lastly, GCWG members, CSX, and Norfolk Southern Railway (NS), as host railroads, have been key stakeholders throughout this process, as have Amtrak and SRC. This Report identifies a number of important elements for the restoration of passenger service as well as additional considerations that need to be examined. However, CSX and NS have expressed concerns with some of the details in the Report, which are outlined in their letters to FRA dated April 18, 2017. CSX and NS remain important partners that the other stakeholders will continue to look to for input to make the restoration of passenger rail service a reality. FRA also received a letter from Amtrak expressing their support for this Report and their commitment to seeking solutions concerning the agreed upon infrastructure improvements. The SRC also provided a letter to FRA expressing their support for this Report and implementation of the preferred option, along with sentiments of disappointment regarding actions and statements made by CSX at a stakeholder meeting. Copies of letters from the aforementioned members are in Appendix A. Page 96 of 134 Gulf Coast Working Group Report to Congress 1 1 OVERVIEW In 2005, Hurricane Katrina caused significant damage to the rail infrastructure in the Gulf Coast Corridor, leading to the suspension of Amtrak’s passenger rail service east of New Orleans. Over the course of the past decade, it has become clear that the restoration of passenger rail service along the corridor is important to the region in order to sustain its economic growth and provide additional connectivity between growing economic centers and the region’s smaller communities and rural areas and north-south intermodal routes. As described further below, the FAST Act called for the preparation of a report that would identify plans, costs, funding options, and potential benefits for the restoration of passenger rail service. This legislation directed the Secretary of Transportation to create the GCWG to assess and present findings of capacity, cost, and implementing actions necessary to restore passenger service in the Gulf Coast region. The GCWG—a collaborative effort among the SRC, the States of Alabama, Florida, Louisiana, and Mississippi, local agencies, Amtrak, CSX, and other stakeholders—is chaired by FRA, under the direction of the FRA Administrator. In order to facilitate the reading of this Report, Appendix B provides a glossary of railroad terms. 2 BACKGROUND AND HISTORY 2.1 DESCRIPTION OF GCWG SCOPE OF WORK 2.1.1 THE FAST ACT AND RESPONSE TO CONGRESS The FAST Act comprehensively addressed all aspects of surface transportation—including roads, bridges, transit systems, and passenger rail—across the United States. Title XI – Rail authorizes numerous grants and initiatives, including Amtrak reforms, Intercity Passenger Rail Policy, Safety, Project Delivery, and Financing. Section 11304 of Title XI requires the Secretary of Transportation to establish GCWG with representatives from Amtrak, the states along the route, regional transportation planning organizations, metropolitan planning organizations (MPO), municipalities, communities along the proposed routes, the SRC, railroad carriers whose tracks may be used for such service, and other entities as deemed appropriate by the Secretary. The responsibilities of the GCWG identified in Section 11304 include: • Evaluate all options for restoring intercity rail passenger service in the Gulf Coast region, including options outlined in the report Amtrak transmitted to Congress pursuant to Section 226 of the Passenger Rail Investment and Improvement Act of 2008 (PRIIA) (division B of P.L. 110–432); • Select a preferred option for restoring the selected service; • Develop a prioritized inventory of capital projects and other actions required to restore the selected service and cost estimates for such projects or actions; and • Identify federal and non-federal funding sources required to restore the selected service, including options for entering into public-private partnerships to restore the selected service. The GCWG is also tasked with creating this Report, to include the approach and rationale employed in recommending a preferred option for restoring intercity rail service, to submit to the Committee on Commerce, Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. Page 97 of 134 Gulf Coast Working Group Report to Congress 2 2.1.2 GOALS The immediate goal of the GCWG, reflected throughout the Report, is to provide sufficient, reliable information to be the starting point for restoring passenger rail service. In support of this goal, the GCWG’s objective is to define the restored intercity passenger rail service in a manner that will ultimately achieve a new and improved schedule (timetable), increasing frequency and improving reliability compared to its historic counterpart, and operate without unreasonably impairing CSX’s freight operations.3 While the primary goal for the GCWG is to comply with the FAST Act, it is also helping to define the structure to develop a more robust multi-modal transportation network serving the Gulf Coast region. This is important to the affected states, cities, and communities that recognize how essential this will be to continue the growth that has occurred in the region during the past decade and promote further economic development. 2.1.3 REPORT ORGANIZATION This Report provides an overview of the tasks assigned to the GCWG, the background of intercity passenger rail service along the Gulf Coast, and a proposed restoration and implementation plan developed by FRA, as Chair of the GCWG. This Report also provides descriptions of the parties involved and their commitment to seeing rail service restored to the region. Additionally, it outlines the station and infrastructure improvements required to restore service, along with the associated costs and benefits. Potential sources of funding are also identified. 2.2 HISTORY 2.2.1 PREVIOUS PASSENGER RAIL SERVICE TO THE GULF COAST There is a long history of passenger rail service along the Gulf Coast Corridor between New Orleans and Jacksonville. Early on, service was provided by the New Orleans-Florida Limited, plus one or two very slow, unnamed local trains that stopped at every town along the way. The New Orleans-Florida Limited was replaced by the streamlined Gulf Wind in 1949. These trains were jointly operated by the Seaboard Air Line (later Seaboard Coast Line) and Louisville and Nashville railroads, now all part of CSX. By the time Amtrak took over intercity passenger service in 1971, service had dwindled to just the Gulf Wind and was reduced to a tri-weekly schedule. Between Flomaton, AL and New Orleans, service was also provided by a daily New Orleans-Cincinnati train, and as ridership declined on this segment, the two trains were often combined. Subsequent to 1971, there were several initiatives to provide service to all or portions of the corridor. Between April 1984 and January 1985, and again between June 1996 and March 1997, Amtrak operated a daily state-funded train called the Gulf Coast Limited between New Orleans and Mobile, AL. Despite the evidence that there was strong ridership potential, the problems securing annual operating funds from the states of Louisiana, Mississippi, and Alabama resulted in the train’s termination. Between October 1989 and April 1995, Amtrak operated a daily through service between Mobile and New York via the Gulf Breeze, which operated as a section of the New York-New Orleans Crescent, separating from the Crescent at Birmingham. Amtrak discontinued the train in 1995 as 3 See 49 U.S.C. § 24308(e)(2). Page 98 of 134 Gulf Coast Working Group Report to Congress 3 part of a broad cost-cutting measure. Starting in April 1993, Amtrak extended tri-weekly Los Angeles-New Orleans Sunset Limited service east of New Orleans to Jacksonville and south to Miami, restoring passenger rail service over the full length of the Gulf Coast Corridor. In 1996, Amtrak cut back the eastern terminus to Sanford, FL, and in 1997 extended it to Orlando. As rail freight traffic congestion grew, on-time performance for the Sunset Limited became increasingly difficult, with the train often operating many hours late, and in extreme cases a day late, with on-time performance declining to 7% in the final year of service. This was exacerbated by the unusually long length of the route, resulting in frequent substitution of bus service east of New Orleans so that the rail equipment could be returned to New Orleans to get back on schedule. The poor on-time performance for the service, coupled with an inconvenient departure time from New Orleans, led to a significant decline in ridership between 2000 and 2004 (the last full year of operations). Gulf Coast trips (including trips where the origin, destination, or both were east of New Orleans) declined from 53,256 to 37,375. The full corridor route is shown in Figure 1, and the evolution and configuration of various rail services are illustrated graphically in the series of schematic service diagrams located in Appendix C. Figure 1 – Corridor Route Map Page 99 of 134 Gulf Coast Working Group Report to Congress 4 2.2.2 RECENT HISTORY OF LOCAL SUPPORT TO RESTORE PASSENGER SERVICE Starting in 2010, mayors, businesses, and civic organizations on the Gulf Coast initiated conversations and individual recommendations, including use of potential BP oil spill settlement monies to fund restoration of a daily intercity passenger rail service to the region. In 2012, led principally by the mayors of Tallahassee, FL and Mobile, AL, a consensus was formally established by the municipal leaders of the 12 station communities affected by suspended service that the service should be restored and its operation should be a daily level of service far better than its predecessor. The SRC, a strong partner with the mayors in restoring passenger rail service to the Gulf Coast, has led this effort since 2014 as mayoral leadership changed in key coastal cities. Local support culminated in February 2016 during the Amtrak and SRC-hosted Gulf Coast Inspection Train trip to examine existing infrastructure and gauge public interest in restored service. 2.3 REGIONAL ECONOMIC SUMMARY 2.3.1 POTENTIAL ECONOMIC BENEFITS To fully assess the potential return on an investment to support the restoration of passenger rail service along the Gulf Coast, the region is presented as a whole, looking across political boundaries. Appendix D provides a detailed presentation of the overall region’s economic dynamics. Over twenty-two million people live in the four-state region, working in crucial U.S. industries like commercial seafood, shipping, tourism, and oil and gas production. By the year 2050, the Gulf Coast megaregion’s population is expected to increase by an estimated 10 million people, or 76%; similarly, the Florida megaregion is expected to grow by an estimated 13.8 million people, or 80%.4 Passenger rail service could improve links between growing economic centers and the region’s smaller communities and rural areas. In addition to restoring passenger service, the continued viability of freight rail service to freight customers along the line is vital to growing the regional economy. As previously stated, one of the GCWG’s goals is to reintroduce passenger trains while not unreasonably impairing CSX’s ability to maintain freight service to its existing customers. Chapter 4 identifies the GCWG’s infrastructure analysis for restoring passenger rail service. The proposed services (including long-distance service between Orlando and New Orleans and daily state-supported service between Mobile and New Orleans) are anticipated to provide a number of economic benefits to communities, residents, visitors, and businesses across the Gulf Coast region: • Expanded customer markets for tourism and business travel; • Improved access to labor markets, educational opportunities, and healthcare; and • Expanded transportation options. 4 According to the America 2050 website (http://www.america2050.org ), the Gulf Coast megaregion extends from the southern coast of Texas to the western Florida panhandle; principal cities include Houston, New Orleans, and Baton Rouge. The Florida megaregion includes most of Florida, areas east and south of Lake City, FL; principal cities are Miami, Orlando, Tampa, and Jacksonville. Page 100 of 134 Gulf Coast Working Group Report to Congress 5 Among the proposed passenger rail services’ benefits are the expansion of business sales, income, and jobs along the corridor itself, as well as within its greater service area. Construction of needed capacity improvements, as well as operation of the proposed services, would also provide additional temporary and full-time jobs. The creation of economic investments in the corridor has already begun, and local examples are provided in Appendix D. Additional station and infrastructure improvement projects described in Section 4.5.1 will create both temporary and permanent jobs through construction and operations. They also establish initial route-specific expenditures that start the multiplier effect of downstream economic impacts. These downstream economic impacts will likely be the greatest contributors to tourism and business travel. The proposed long-distance service anchors two of the region’s largest tourist economies—New Orleans and Orlando. In between these two cities lies Mississippi, with its coastal gaming and resort venues, Alabama’s and Florida’s gulf beaches, and a coastal region already offering the 20+ millions of annual visitors vibrant experiences in outdoor recreation, military history, collegiate and professional sports, culture, and the arts. 2.4 DESCRIPTION OF PARTIES INVOLVED As the Chair of the Working Group, FRA identified the GCWG representatives who met Congress’ intent and provided a range of representation and perspectives. 2.4.1 GULF COAST WORKING GROUP STRUCTURE & MEMBERSHIP Members of the GCWG include representatives from FRA (Chair); Amtrak; State Departments of Transportation from Louisiana, Mississippi, Alabama, and Florida; municipalities and communities along the proposed route; regional transportation planning organizations; MPOs; the SRC; and railroad carriers whose tracks may be used for the proposed service (CSX, NS, and Florida DOT/SunRail). Appendices E and F provide a complete listing and detailed description of the over 60 groups/organizations that participated in the GCWG. Organizations that have submitted a resolution in support of the GCWG’s goals are noted in Appendix G. Members of the GCWG have demonstrated a deep commitment to the process and have met bi- weekly from March 2016 through September 2016, on the second Thursday of each month (via teleconference) and the fourth Thursday of the month (in-person meeting hosted by a city along the proposed route). After September 2016, the GCWG was unable to conduct routine in-person meetings due to limited travel allowances. From October 2016 to February 2017, CSX, Amtrak, SRC, and FRA formed a Technical Group and held three in-person meetings to undertake the highly technical aspects of planning for this effort. Minutes of each meeting were prepared by FRA’s Monitoring and Technical Assistance Contractor, Urban Engineers, Inc., which are available from FRA upon request. Urban Engineers, Inc. also assisted the GCWG in preparing this Report. 2.4.2 GCWG INTERACTION WITH CONGRESSIONAL MEMBERS A kick-off to the work of the GCWG was held in February 2016 during the Amtrak and SRC--hosted Gulf Coast Inspection Train trip referenced in the Executive Summary. Interested state and local elected officials and Congressional members participated in this effort in order to view, first-hand, the infrastructure and station improvements that would be required to restore passenger service. As noted in Section 2.4.1 above, the GCWG began meeting in March 2016 in Page 101 of 134 Gulf Coast Working Group Report to Congress 6 cities along the proposed route. Congressional staff members participated in some of these meetings and provided input. In September 2016, FRA, as the GCWG Chair, provided a detailed briefing to Senate Commerce Committee staff and Senator Roger Wicker on the status of the GCWG’s efforts. This was followed by status update letters submitted to Congressional members on September 2, 2016 and December 14, 2016, provided in Appendix H. 3 EXISTING CONDITIONS 3.1 EXISTING RAILROAD INFRASTRUCTURE 3.1.1 ELEMENTS OF RAIL INFRASTRUCTURE There are many elements of railroad infrastructure that impact the ability to accommodate freight and passenger rail traffic, as well as the speed and reliability of that traffic. They include track, signals, grade crossings, and bridges. Appendix I provides a detailed description of these elements in order to better understand how they influence current operations and future service needs. 3.1.2 EXISTING GULF COAST CORRIDOR RAIL INFRASTRUCTURE This section identifies the existing rail infrastructure in the Gulf Coast Corridor. General characteristics are summarized in Table 1, and are located graphically on the map in Figure 2. The characteristics show the route’s challenges regarding signal systems (or lack thereof), track speeds, track capacity, and other considerations. The Gulf Coast Corridor between New Orleans and Orlando is 775 miles in length and is almost entirely single track. There are 17 movable bridges between New Orleans and Orlando, seven of which are between New Orleans and Mobile. Between Flomaton and Tallahassee, a distance of 247 miles, there is no signal system. The average speed limits shown are for passenger trains and are calculated based on the various speed limits posted in the railroad employee timetable and the distances over which they apply. The average speed achieved by a passenger train would be lower, taking into account station stops, bridge openings, and variable operating conditions such as interaction with freight trains. Page 102 of 134 Gulf Coast Working Group Report to Congress 7 Table 1 – Existing Gulf Coast Rail Infrastructure Ne w Or l e a n s Mo b i l e Fl o m a t o n Pe n s a c o l a Ta l l a h a s e e Ja c k s o n v i l l e De l a n d D e b a r y Sa n f o r d to t o t o t o t o Ja c k s o n v i l l e to t o t o t o Mo b i l e Fl o m a t o n Pe n s a c o l a Ta l l a h a s e e Ja c k s o n v i l l e Te r m i n a l D e l a n d De B a r y S a n f o r d Or l a n d o Ow n e r NO U P T NS C S X C S X C S X C S X C S X C S X C S X Fl o r i d a D O T F l o r i d a D O T F l o r i d a D O T 3. 6 3 . 3 1 3 7 . 7 5 9 4 5 2 0 2 1 7 1 3 10 9 1 2 . 2 3 . 4 2 6 . 1 9 3. 6 0 12 7 . 1 5 3 . 4 4 5 2 0 2 1 6 8 . 8 1 . 1 1 0 3 . 3 1 2 . 2 1 . 3 1 . 9 0 3. 3 1 0 . 6 5 . 6 0 0 2. 2 1 . 9 5 . 7 0 2. 1 2 4 . 2 9 Ye s Y e s Y e s Y e s No N o Ye s Y e s Y e s Y e s Y e s Y e s 30 4 0 67 6 2 4 8 4 8 5 2 3 9 7 2 7 4 5 6 5 0 0 0 1 2 1 0 3 0 0 0 0 0 0 0 3 3 1 1 3 0 0 0 0 0 0 0 6 3 1 4 9 0 8 1 0 0 0 0 3 5 0 0 5 0 8 0 0 0 0 0 7 3 3 5 10 0 0 1 0 0 Av e r a g e S i d i n g S p a c i n g ( M i l e s ) n/ a n / a 12 . 7 6 . 7 1 5 . 0 4 0 . 4 1 1 . 3 n/ a 12 . 9 1 2 . 2 n/ a n / a Nu m b e r o f M o v a b l e B r i d g e s 0 0 7 5 0 2 0 0 3 0 0 0 0 0 15 2 1 1 5 7 1 5 6 1 2 7 1 11 1 3 2 68 0 0 26 6 9 28 2 8 0 23 3 1 0 Ps g r . 2. 5 2 0 0 0 0 0 3 3 3 21 2 0 Fr t . 0 * 6. 3 7 . 4 4 . 6 4 . 2 3 . 7 4 . 7 4 . 7 4 . 7 4 . 7 4 . 7 Ps g r . 2. 5 2 0 0 0 0 0 3 3 3 21 2 0 Fr t . 0 * 6. 4 7 . 2 4 . 6 4 3. 6 4 . 3 4 . 3 4 . 3 4 . 3 4 . 3 Fr e i g h t m o v e m e n t s a r e f r e q u e n t b u t v a r i a b l e ; a v e r a g e n o t a p p l i c a b l e . Av e r . We e k d a y Tr a i n s ( N o . ) * >8 0 0 0 f t . Si g n a l S y s t e m <4 0 0 0 f e e t 40 0 0 t o 8 0 0 0 f e e t Si g n a l e d Co n t r o l l e d NB o r W B EB o r S B No . o f G r a d e Cr o s s i n g s Fl a s h e r s a n d / o r G a t e s No A u t o D e v i c e s Ne w O r l e a n s T e r m i n a l Ro u t e M i l e s Si d i n g L e n g t h s (N o . ) Si d i n g T y p e (N o . ) Ro u t e L e n g t h ( m i l e s ) Si n g l e T r a c k Do u b l e T r a c k Av e r . P a s s e n g e r S p e e d L i m i t ( m p h ) Page 103 of 134 Gulf Coast Working Group Report to Congress 8 Figure 2 – Map of Existing Gulf Coast Rail Infrastructure Page 104 of 134 Gulf Coast Working Group Report to Congress 9 3.1.2.1 OTHER INFRASTRUCTURE POSITIVE TRAIN CONTROL Under 49 U.S.C. § 20157, each Class I railroad and each entity providing regularly scheduled intercity or commuter rail passenger transportation must implement a PTC system on: (1) its main line over which 5 million or more gross tons of annual traffic and poison- or toxic-by- inhalation hazardous materials are transported, and (2) its main line over which intercity or commuter rail passenger transportation is regularly provided.5 By law, a PTC system must be designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zones, and the movement of a train through a switch left in the wrong position.6 CSX must implement PTC systems on each main line track segment subject to the statutory mandate, unless it receives FRA approval of a de minimis exception, a routing change request, or a passenger main line track exception under FRA’s regulations. Moreover, if any new passenger service is added to CSX’s main line that triggers the need for PTC system implementation, CSX must submit to FRA a request for amendment (RFA) to its PTC Implementation Plan (PTCIP) for FRA review and approval under FRA’s RFA procedures.7 If the new passenger service qualifies for a passenger main line track exception under 49 CFR § 236.1019, the RFA may also include a request, subject to FRA review and approval, for an applicable exception for all or part of the main line track segment, as appropriate. Cost sharing options will be explored as appropriate for sections of the rail line where it is determined that PTC system implementation is not required unless there is the addition of passenger rail service. Lastly, separate from this restored passenger rail service effort, CSX has stated it will implement a PTC system between New Orleans and Flomaton and between Jacksonville and Deland. In addition, SunRail has stated it will implement a PTC system on its entire network, which includes the Deland to Orlando segment where the restored passenger service would operate. SunRail will coordinate with CSX and Amtrak to achieve interoperability of their PTC systems where they operate over the same track. ORLANDO Upon arriving in Orlando and deboarding passengers, the long-distance passenger train will need to reverse direction to return north to Sanford, where Amtrak has facilities for parking and servicing the train between runs. For departure back to New Orleans, the train will need to return south to Orlando and again reverse direction before departing north toward New Orleans. There are two wyes 8 approximately 6 and 8.5 miles, respectively, south of the Orlando station. One of these could be potentially used to turn around a train terminating at Orlando. Both wyes include a highway grade crossing, across which a turning train would have to make a backup 5 Rail Safety Improvement Act of 2008, P.L. No. 110-432, § 104(a), 122 Stat. 4848, 4857–58 (Oct. 16, 2008), as amended by the Positive Train Control Enforcement and Implementation Act of 2015, Pub. L. No. 114-73, 129 Stat. 568, 576–82 (Oct. 29, 2015) and the Fixing America’s Surface Transportation Act, P.L. No. 114-94, § 11315(d), 129 Stat. 1312, 1675 (Dec. 4, 2015). 6 See, e.g., 49 U.S.C. § 20157(i)(5); 49 CFR § 236.1005. 7 49 CFR §§ 236.1009(a)(2)(ii), 236.1021; 49 U.S.C. § 20157(a)(2)(C). 8 This railroad term and others are defined in Appendix B. Page 105 of 134 Gulf Coast Working Group Report to Congress 10 move. Between the two wyes there is a controlled siding 6,989 feet in length. At the Orlando station, SunRail recently added a third track that could be used. More information on the Orlando area and SunRail’s operations can be found in Section 4.4.1.3. In general, servicing the Orlando station will require further study. NEW ORLEANS RAIL GATEWAY The New Orleans Rail Gateway (NORG) (also known as the New Orleans Terminal Gateway) is an area within Jefferson and Orleans Parishes that provides a critical link in the east-west distribution of freight traffic and allows access to Canada and Mexico; it is where six of the seven U.S. Class I Railroads and one short line railroad converge. The NORG stretches from the City of Avondale, LA via the Huey P. Long Bridge to just west of Gentilly Yard in New Orleans. Located in the center of the NORG is the New Orleans Union Passenger Terminal (NOUPT). The NORG’s rail corridor is mostly double track with some single-track segments, and the infrastructure currently accommodates three existing Amtrak routes—the City of New Orleans, the Sunset Limited, and the Crescent—as well as the freight trains of Burlington Northern Santa Fe (BNSF), Canadian National (CN), CSX, Kansas City Southern (KCS), NS, New Orleans Public Belt (NOPB), and Union Pacific (UP). Each of these railroads maintains a major facility within the New Orleans Gateway. Initiating additional passenger frequencies in this congested area may have operational impacts beyond those already studied separate from this effort, as a result of the occupation of the terminal area track that is otherwise used by these freight carriers on through and connecting routes, and in order to interchange traffic with each other. Additionally, within one 3.3-mile segment of an anticipated new route, there are three different dispatching entities (Amtrak, NS, and CSX). A separate study is currently underway (although it is on hold) to address overall freight movement needs through the New Orleans area, including areas adjacent to the NOUPT. 4 PROPOSED RESTORATION PLAN 4.1 PREVIOUSLY STUDIED OPTIONS As required by PRIIA, Amtrak studied restoration of service between New Orleans and Sanford, FL, issuing a report in 2009. After initially considering 12 different service alternatives, Amtrak selected three options for further analysis: • Restoration of tri-weekly Sunset Limited service between Los Angeles and Orlando; • Extension from New Orleans to Orlando of the daily City of New Orleans operating between Chicago and New Orleans; and • A separate overnight service operating daily between New Orleans and Orlando. As noted on page 44 of the 2009 Amtrak report, coastal communities preferred daily service: “…Most of those in the Gulf Coast Region who provided comments via Amtrak’s stakeholder interviews and outreach efforts considered…a daily…train between New Orleans and Orlando… to be the most desirable of the three preferred options because it would provide a reliable daily service….” In 2015, Amtrak again studied restoration of service, this time at the request of the SRC, and completed a report in December 2015. Amtrak dropped the previously studied alternative of extending the tri-weekly Sunset Limited from consideration because of the extremely long route Page 106 of 134 Gulf Coast Working Group Report to Congress 11 between Los Angeles and Orlando, and the associated history of severe on-time performance issues, with the train routinely operating many hours late and in extreme cases as much as a day late. The 2015 report contains updated figures reflecting changes in market demand and operating assumptions, such as a modified schedule assumption and more economical train assumptions. Furthermore, the financial forecasts included in this 2015 evaluation reflect updated base cost data from more recent system-wide cost experience, and identifies and prices state-supported service under the PRIIA 209 methodology 9. The 2015 study considered five alternatives, including options for daily corridor service between New Orleans and Mobile, AL. The service alternatives studied are as follows: • Alternative A: A daily overnight long-distance train operating each way between New Orleans and Orlando that would operate as an extension of the Chicago-New Orleans City of New Orleans, with through equipment from Chicago to Orlando, plus a daily state-supported train operating round trip between New Orleans and Mobile. • Alternative A1: A daily overnight long-distance train operating each way between New Orleans and Orlando that would operate as an extension of the Chicago-New Orleans City of New Orleans, with through equipment from Chicago to Orlando. • Alternative B: Two daily state-supported trains operating round trip between New Orleans and Mobile, with no service east of Mobile to Orlando. • Alternative B1: Two daily state-supported trains operating round trip between New Orleans and Mobile, with a Thruway bus connecting with one of the trains to provide service east of Mobile to Jacksonville. • Alternative C: A daily overnight long-distance train operating each way between New Orleans and Orlando. The ridership, passenger miles, revenue, operating costs (not including incremental operating cost of CSX track and infrastructure maintenance), and subsidy requirements of the five alternatives are summarized in Table 2. 9 Section 209 led to the development and implementation of a single, nationwide standardized methodology for establishing and allocating operating and capital costs among the States and Amtrak associated with trains operated on each of the routes described in section 24102(5)(B) and (D) and section 24702. Page 107 of 134 Gulf Coast Working Group Report to Congress 12 Table 2 – Summary of Alternatives Considered in Amtrak 2015 Study During the February 2016 inaugural GCWG meeting, the members formally agreed to adopt Alternatives A and Al from Amtrak’s 2015 study for further consideration in this Report. Alternative A generates the highest levels of ridership and passenger miles and provides service to the entire Gulf Coast region. Alternative C generates lower ridership than A1 because it would require passengers to and from points north of New Orleans to change trains in New Orleans. Alternatives B and B1 have lower ridership and passenger miles because they do not provide rail service between Mobile and Orlando. 4.2 DESCRIPTION OF PROPOSED SERVICE OPTIONS 4.2.1 ALTERNATIVE A Alternative A provides daily service each way between New Orleans and Orlando, operating as an extension of the Chicago-New Orleans City of New Orleans train. The train would offer through service between Orlando and points north of New Orleans, including Jackson, MS; Memphis, TN; and Chicago, IL. At Jacksonville, the train would offer connections to points north toward Georgia, the Carolinas, Virginia, and Washington, DC, and points in the Northeast Corridor including Philadelphia, PA; New York City, NY; and Boston, MA. At Orlando, connections would be available to both Tampa and Miami. Amtrak Thruway motor coach service would provide connections to additional Florida cities. At New Orleans, an overnight connection to the tri-weekly Sunset Limited to points west including Houston, San Antonio, and Los Angeles would be available three days each week. Three sets of rail equipment including cars and locomotives would be required to operate this service. Through-running equipment from the City of New Orleans would include a Superliner coach, Superliner coach-baggage, Superliner Cross-County Café car (offering food service), and a Superliner sleeping car. In addition, Alternative A provides an additional state-supported train between New Orleans and Mobile, resulting in two trains that would provide service between those cities. This additional A A1 B B1**C Long Distance Train 119,100 138,300 69,100 State Supported Train 34,800 38,400 43,400 Total 153,900 138,300 38,400 43,400 69,100 Long Distance Train 61.30 63.00 24.04 State Supported Train 3.80 3.79 5.23 Total 65.10 63.00 3.79 5.23 24.04 Long Distance Train $11.96 $12.25 $4.03 State Supported Train $0.76 $0.70 $1.05 Total $12.72 $12.25 $0.70 $1.05 $4.03 Long Distance Train $17.67 $17.73 $18.43 State Supported Train*$4.54 $7.67 $9.30 Total $22.21 $17.73 $7.67 $9.30 $18.43 Long Distance Train $5.71 $5.48 $14.40 State Supported Train $3.78 $6.97 $8.26 Total $9.49 $5.48 $6.97 $8.26 $14.40 * Includes annual equipment capital expense charges to state partners ** State supported train numbers include Thruway bus between Mobile and Jacksonville Annual Incremental Operating Loss (millions) Alternatives Projected Annual Passengers Annual Rail Passenger Miles (millions) Annual Ticket, Food & Beverage Revenue (millions) Annual Operating Cost (millions) Page 108 of 134 Gulf Coast Working Group Report to Congress 13 service results in the highest total ridership of the alternatives considered, but requires additional equipment and incurs additional operating cost. Equipment for the extended City of New Orleans would include a Superliner coach, Superliner coach-baggage, Superliner Cross-County Café car (offering food service) and a Superliner sleeping car. The state-supported train would include coach service (Superliner or single-level Horizon coach) and food service (Superliner Sightseer Lounge or single-level Horizon or Amfleet-I Club dinette. Both services are shown schematically in Figure 3. Figure 3 – Alternative A 4.2.2 ALTERNATIVE A1 Alternative A1 provides service between New Orleans and Orlando, but does not include a daily state-supported train between New Orleans and Mobile. Similar to Alternative A, the train provides daily service each way between New Orleans and Orlando, operating as an extension of the Chicago-New Orleans City of New Orleans train. The train would offer through service between Orlando and points north of New Orleans, including Jackson, Memphis, and Chicago. At Jacksonville, the train would offer connections to points north in Georgia, the Carolinas, Virginia, Washington, DC, and points in the Northeast Corridor including Philadelphia, New York City, and Boston. At Orlando, connections would also be available to both Tampa and Miami. Amtrak Thruway motor coach service would provide connections to additional Florida cities. At New Orleans, an overnight connection to the tri-weekly Sunset Limited to points west, including Houston, TX; San Antonio, TX; and Los Angeles, CA, would be available three days each week. Three sets of rail equipment including cars and locomotives would be required to operate this service. Through-running equipment from the City of New Orleans would include a Superliner coach, Superliner coach-baggage, Superliner Cross-County Café car (offering food service), and a Superliner sleeping car. The service is shown schematically in Figure 4. •• • •• • • •• • •• ••••••••• • To New YorkTo Chicago To New York To Los Angeles Jacksonville Ne w O r l e a n s Ba y S t . L o u i s Gu l f p o r t Bilo x i Pas c a g o u l a Mo b i l e Atm o r e PalatkaPen s a c o l a Cre s t v i e w Ch i p l e y Tal l a h a s s e e Ma d i s o n Lak e C i t y • •Ne w O r l e a n s Ba y S t . L o u i s Gu l f p o r t Bilo x i Pas c a g o u l a Mo b i l e Atm o r e PalatkaPen s a c o l a Cre s t v i e w Ch i p l e y Tal l a h a s s e e Ma d i s o n Lak e C i t y Ne w O r l e a n s Ba y S t . L o u i s Deland• • • • • • • • Orlando Other Services Alternative A To Tampa To Miami City of New Orleans Extended (Daily) Deland Sanford State Supported Service (Daily)Winter Park Page 109 of 134 Gulf Coast Working Group Report to Congress 14 Figure 4 – Alternative A1 4.2.3 PREFERRED OPTION The GCWG selected Alternative A as the preferred service option as it would provide a daily, round trip long-distance train and a daily, round trip corridor train. However, the GCWG supports Alternative A1 as an option to restore service in the near term if initial funding resources are only available for the long-distance train. 4.3 PASSENGER SERVICE SCHEDULE COMPARISON Amtrak’s 2015 report on Potential Gulf Coast Service Restoration Options included a proposed schedule for the long-distance service operating as an extension of the Chicago-New Orleans City of New Orleans train. Similar to previous schedules when the train operated as an extension of the Los Angeles-New Orleans Sunset Limited, the run between New Orleans and Orlando spans the overnight hours; although, there are variations in the arrival and departure times at the two cities. The schedules of the service proposed in 2015 and the schedules of the train when it previously operated in 1999 and 2005 are shown for comparison in Table 3. The end-to-end running times and average speed obtained, accounting for station stops and other operating conditions including interaction with freight trains, in the proposed 2015 schedule are similar to the schedule in 1999. The 2005 schedule was slower due to reduced speed limits in some areas and additional recovery time built into schedules to account for increased delays. • • •• • •• ••••••••• • Lak e C i t y To Los Angeles Jacksonville Ne w O r l e a n s Ba y S t . L o u i s Gu l f p o r t Bilo x i Pas c a g o u l a Mo b i l e Atm o r e PalatkaPen s a c o l a Cre s t v i e w Ch i p l e y Tal l a h a s s e e Ma d i s o n To New YorkTo Chicago To New York • • Lak e C i t y Ne w O r l e a n s Ba y S t . L o u i s Gu l f p o r t Bilo x i Pas c a g o u l a Mo b i l e Atm o r e PalatkaPen s a c o l a Cre s t v i e w Ch i p l e y Tal l a h a s s e e Ma d i s o n Deland Ne w O r l e a n s Ba y S t . L o u i s • • • • • • • •City of New Orleans Extended (Daily)Orlando Other Services Alternative A1 To Tampa To Miami Deland Sanford Winter Park Page 110 of 134 Gulf Coast Working Group Report to Congress 15 Table 3 – Schedule Comparison of Long-Distance Train 4.4 OPERATIONAL REQUIREMENTS 4.4.1 TERMINALS Appropriate facilities will be required to store and service trains at their terminals. It is important to understand these requirements because they will influence the capital needs for restoring the service described in Alternatives A and A1. 4.4.1.1 NEW ORLEANS The NOUPT (owned by the City of New Orleans) already serves two daily plus one tri-weekly Amtrak trains. This station has sufficient facilities for servicing both an extension of a section of the City of New Orleans overnight train to Orlando plus a daily service between New Orleans and Mobile. The facilities include a wye track, used for turning a train around. 4.4.1.2 MOBILE A day train operating from New Orleans to Mobile and returning the same day would need a track on which to park the train during the middle of the day. If a push-pull pull train is used with a locomotive on one end and a cab control car on the other end, the train can operate in reverse to return to New Orleans, and a simple single-ended storage track is all that would be needed. The seats on the train could be reversed during the layover. Otherwise, the train will have to be turned around on a wye track. The nearest existing wye is about 13 miles south in the direction of New Orleans and would require a backup move of 13 miles in each direction, which is not considered desirable. In the other direction, the nearest wye is about 24 miles away in Bay Minette, requiring a 48-mile round trip to turn the train. 4.4.1.3 ORLANDO AREA AND SUNRAIL OPERATIONS There are limited facilities for servicing or turning a long-distance train at or near the Orlando Station, and with only three station tracks already serving 18 SunRail commuter trains in each direction, and two Amtrak trains in each direction, there is little or no opportunity for parking another long-distance train there for any length of time. However, there is a wye track for turning a train about 8.5 miles south of Orlando, and there are existing Amtrak facilities for servicing and storing trains plus a wye at Sanford, 26 miles to the north. In the past, after deboarding its passengers at Orlando, the long-distance train (Sunset Limited) from New Orleans would proceed south to the wye, turn around, and then head north to Sanford, where it would again turn on a wye and back into Amtrak’s facility for servicing and overnight storage. The next Proposed Proposed 1999* 2005*in 2015 1999* 2005*in 2015 From Los Angeles From Los Angeles From Chicago To Los Angeles To Los Angeles To Chicago New Orleans (CT)8:15 PM 10:30 PM 5:00 PM 11:26 AM 9:20 AM 9:30 AM Orlando (ET)3:20 PM 8:45 PM 11:30 AM 6:50 PM 1:45 PM 4:15 PM Running Time (Hrs:Min)18:05 21:25 17:30 17:36 20:35 18:15 Average Speed (Mph)43 36 45 44 38 43 * Source: Amtrak Public Timetables Eastbound Westbound ↓↑ Page 111 of 134 Gulf Coast Working Group Report to Congress 16 day, the train would back out onto the main line and head south to the wye south of Orlando, where it would again turn around and then head back north to Orlando, where it would load passengers and begin its trip to New Orleans. This procedure is still possible using existing infrastructure; however, it involves a total of 86 miles of dead head running, three turnings of the train, and unlike in the past, must now be integrated with frequent SunRail commuter operations. The procedure will likely take significantly more time than in the past. SunRail will consider another option, which would be a new process since it added a third track at the Orlando station. The restored passenger service would run on the third track at the Orlando Station and detrain the passengers. Amtrak would then cut the locomotive power off the south end of the train and run around the train on track #2 and couple up on the north end on the train. Once the locomotive power is on the north end, Amtrak would operate northbound back to the Amtrak Auto Train Facility. SunRail would handle the dispatching for this option. This procedure would require the Amtrak train to operate with two locomotives coupled back-to-back in order to have a control cab facing forward for the run back to the Amtrak facility in Sanford. 4.4.1.4 ROLLING STOCK EQUIPMENT For the restored Gulf Coast passenger rail service, Amtrak could utilize equipment associated with the City of New Orleans’ equipment as well as add equipment to run the long-distance train east to Orlando to maximize capacity. For the New Orleans to Mobile service, Amtrak will explore the availability of equipment currently used on corridors elsewhere in the country. There are no plans to purchase new rolling stock for this service, and, therefore, any associated costs would be considered an O&M expense. 4.5 CAPITAL IMPROVEMENTS 4.5.1 STATION REVIEW An Amtrak team of engineers and architects with significant station design experience conducted on-site surveys during the week of July 10-16, 2016, to prepare the individual (Amtrak) Station Condition Assessment provided in Appendix J. The comprehensive reports provide a condition overview assessment for the 12 stations located along the Gulf Coast in Mississippi, Alabama, and Florida, where Amtrak service was suspended. The assessment’s reports encompass the station site, station building (interior and exterior and building systems), and Americans with Disabilities Act (ADA) accessibility observations for these 12 stations. The reports also include photographic records of observed conditions and an order-of-magnitude cost estimate that considers local conditions to restore service to the stations based on 2016 costs and appropriate contingencies. The estimated order-of-magnitude capital costs for the comprehensive list of improvements is $13.4 million. And, per the GCWG’s request to identify an incremental approach for improvements, Amtrak provided a narrower list of essential (i.e., minimum) improvements needed to restore service, which are estimated to cost $7.8 million (in 2016 dollars). 4.5.1.1 AP PROACH TO DEFINING INCREMENTAL STATION IMPROVEMENTS As noted above, to reduce the immediate capital funding needs for station improvements, critical upgrades essential for the restoration of passenger rail service were identified by Amtrak. The assessment team defined “restoration of service” to each station to be the minimum required to achieve the following three objectives (also referred to as the “minimum required”): Page 112 of 134 Gulf Coast Working Group Report to Congress 17 • Allow a train to safely load and detrain passengers; • Allow passengers to travel safely from the public right-of-way to the train via a safe and code-compliant platform and path of travel; and • Comply with all current required codes and 49 CFR part 37 “Transportation Services for Individuals with Disabilities” (hereafter “49 CFR 37”). 49 CFR 37 provides the ADA Standards issued by the Department of Transportation that apply to facilities used by state and local governments to provide designated public transportation services, including bus stops and stations, and rail stations. Meeting 49 CFR 37 requirements will allow the first two objectives to be met. Consequently, the revised assessment, providing the immediate increment of improvements and associated capital costs needed to restore passenger rail service, excludes restoration of, or other improvements to, the following: • Amenities that existed at the time of service suspension, including baggage handling; • Existing station buildings or shelter construction or other appurtenances thereto; • Parking facilities not required to achieve a 49 CFR 37 compliant path from the public right- of-way to platforms; and • Site, civil, electrical, mechanical, plumbing, storm water remediation, or other utilities that are the responsibility of local municipalities that do not hinder the minimum required above. The revised/minimum required assessment recommended that the existing station buildings or shelters be immediately and completely closed and protected with access granted only to those whose duties require entry. However, individual communities are welcomed to improve these facilities to suit local needs and through separate efforts, since these facilities are not required to restore passenger rail operations. Existing parking lot surfaces that require patching, restriping, regrading or full resurfacing should also be addressed by each individual city/municipality, and are not included in the revised assessment of required improvements to initially restore service. Finally, while this assessment identifies those items required to restore service, it is understood that the responsibility for implementing these items rests with each individual city/municipality. Restoration of Gulf Coast passenger rail service need not wait for all stations to be made ready for service. Amtrak anticipates that, if necessary, service could be resumed bypassing certain stations until they have been made ready for service. 4.5.1.2 HIGHLIGHTS/SUMMARY OF ASSESSMENT FINDINGS All of the 12 stations surveyed require some prior repair work to minimally restore passenger service to this portion of the route from New Orleans to Orlando. The key observations regarding the minimum requirements for service restoration at the majority of stations are: • Sites are in adequate condition: In general, the sites and landscaping at all of the stations are in adequate condition and do not require any immediate work. Common to most stations is a general deterioration of parking lot surfacing, which requires patching, restriping, or resurfacing. As noted above, these improvements were not addressed or included in the immediate list of improvements. The exception is Pascagoula, at which a comprehensive rework of the site is required as a result of a CSX track relocation that occurred after 2005, leaving the existing passenger platform several feet away from the tracks. Page 113 of 134 Gulf Coast Working Group Report to Congress 18 • Signage requires a full upgrade: All signage at all the stations is outdated and does not meet current Amtrak or ADA standards. Signage is required to be upgraded for both operational need and ADA compliance. Signage replacement should be accomplished on a programmatic basis for all stations. • Platform Conditions: The platforms, with a few notable exceptions, are in acceptable condition and could be restored to safe service with routine patching and minor repairs. At Pascagoula and Atmore, however, a full replacement of the platforms is required prior to the restoration of service. At these stations, the platforms have deteriorated to the point where patching is not a viable solution. For both stations, an eight-inch (8”) top of rail platform is proposed in keeping with 49 CFR § 37.42 for stations adjacent to freight rail traffic. Where they exist, platform canopies are in sound physical condition; although, some require roof system repair to eliminate leaks. • Tactile Warning Surfaces require full replacement: With very few exceptions, the tactile warning surface systems require a full replacement along the full length of each platform as they are uniformly beyond a state of good repair. Like the signage replacement, this, too, should be a programmatic effort in order to ensure that work is accomplished in a uniform manner, meeting both FRA and Amtrak requirements. • ADA Considerations: All stations require ADA improvements to render them accessible to passengers with disabilities under the current requirements of 49 CFR 37, inclusive of path of travel, provision of wheelchair lifts and/or enclosures, and platform work. • Passenger Information Display systems are absent: All stations could remain without Passenger Information Display Systems (PIDS) as there were none in place before 2005, which is allowable under ADA regulations if a public address system is not present. • Electrical and Lighting Recommendations: Another programmatic recommendation is to replace all existing lighting fixtures to provide sufficient lighting to meet ADA requirements for accessible paths of travel, and test all existing utilities to ensure that required lighting can be adequately powered by these utilities in their current condition. Some have not powered facilities for over 10 years. 4.5.1.3 ORDER-OF-MAGNITUDE CAPITAL COST SUMMARY The Project Design & Construction Budget provided in Table 4 identifies a total estimated capital cost of $7.8 million to implement the recommended station improvements that are essential to restore passenger service. The notes in Table 4 identify several of the key assumptions made in developing these order-of-magnitude cost estimates. Appendix J provides the complete summary of the assessment findings essential to the restoration of passenger rail service, as well as a very detailed description of individual station findings, recommended improvements, and the order-of-magnitude cost of returning these stations to a state of good repair. In both cases, the cost includes design, construction, soft costs (administration, construction management, etc.), and a 30% contingency, which is an industry standard. Page 114 of 134 Gulf Coast Working Group Report to Congress 19 Table 4 – Summary of Essential Station Restoration Costs 4.5.2 RAIL INFRASTRUCTURE 4.5.2.1 BACKGROUND The Gulf Coast Corridor between New Orleans and Orlando is 775 miles in length, and is composed of four different owners: • City of New Orleans: Within NOUPT’s boundary, 3.6 miles of track is currently used by Amtrak passenger trains to access the New Orleans terminal station. • New Orleans Terminal: This belt line owned by NS is on the north side of New Orleans and is currently used by freight and Amtrak passenger trains. The portion that would be used by Gulf Coast passenger trains is approximately 3.6 miles in length. • CSX: From New Orleans to Deland, FL, a distance of 727 miles, the route is owned by CSX. The segment from New Orleans to Jacksonville, 615 miles, is currently freight only, while the Jacksonville station segment (3 miles) and the segment from Jacksonville to Deland (109 miles) is used by freight and Amtrak passenger trains. • SunRail: The 42 miles of track from Deland to Orlando is owned by Florida DOT and is operated by SunRail. This segment operates commuter service and accommodates freight trains and Amtrak passenger trains. 9/22/2016 Station Design Construction Soft Costs Contingency Total Costs Lake City FL $30,527 $305,273 $30,527 $109,898 $476,226 Madison, FL $29,134 $291,339 $29,134 $104,882 $454,489 Tallahassee, FL $17,999 $179,993 $17,999 $64,797 $280,789 Chipley, FL $30,130 $301,302 $30,130 $108,469 $470,031 Crestview, FL $30,266 $302,664 $30,266 $108,959 $472,156 Pensacola, FL $39,969 $399,693 $39,969 $143,889 $623,521 Atmore, AL $100,299 $1,002,987 $100,299 $361,075 $1,564,660 Mobile, AL $17,514 $175,144 $17,514 $63,052 $273,225 Pascagoula MS $105,659 $1,056,586 $105,659 $380,371 $1,648,274 Biloxi, MS $20,787 $207,874 $20,787 $74,835 $324,283 Gulfport, MS $41,600 $416,001 $41,600 $149,760 $648,962 Bay St. Louis, MS $37,369 $373,686 $37,369 $134,527 $582,950 Grand Total $501,254 $5,012,542 $501,254 $1,804,515 $7,819,566 Project Design & Construction Budget Overall Estimate to Meet Minimum Requirements to Restore Service Notes: 2. Assumes no PIDS. 5. Assumes Construction, Design (10% of Construction), Soft Costs (10% of Construction), 6. Contingency (30% of Design, Construction, Soft Costs Total ) 1. Assumes no escalation. Based on 2016 Dollars, and construction within 2016. 3. Assumes no environmental work. 4. Does not include additional 10% Owner's reserve. Page 115 of 134 Gulf Coast Working Group Report to Congress 20 The portion of the Gulf Coast Corridor owned and operated by CSX between Gentilly Yard on the eastern side of New Orleans and Jacksonville, 618 miles or 80% of the entire New Orleans- Orlando route, is the primary segment where infrastructure improvements could benefit passenger rail operations. This segment is currently occupied only by rail freight service. Freight operations are largely unscheduled and can vary from day to day based on the needs of local freight customers, the varying arrival of freight trains from connecting railroads, and general levels of freight traffic. While the existing infrastructure is adequate for freight operations, there are physical limitations (e.g., limited space within/adjacent to rail yards and bridge crossings) that may present a challenge to operating passenger trains on schedule. Furthermore, since the suspension of Amtrak service in 2005, Congress has enacted Section 213 of the PRIIA (49 U.S.C. § 24308[f]). Section 213 authorizes the STB to investigate, among other things, intercity passenger train delays. In July 2016, the STB issued a final rule specifying the formula for calculating on-time performance under Section 213. The Association of American Railroads (AAR), together with several freight railroads, have challenged this rulemaking in court, and the dispute is currently pending before the U.S. Circuit Court of Appeals for the Eighth Circuit. Due to the large territory reviewed in this analysis, train volumes vary dramatically. Between New Orleans and Mobile, CSX operates approximately 11 trains per day, excluding local traffic. The volume is made up of unscheduled and scheduled merchandise traffic (due to handoff between railroads), unscheduled unit trains, and several intermodal trains. Between Mobile and Baldwin, FL, 7 to 13 trains per day operate, primarily unit trains and merchandise traffic. The total daily train volume in the vicinity of Jacksonville station is approximately 39 trains per day, the majority of which are intermodal trains. 4.5.2.2 ASSESSMENT OF INFRASTRUCTURE IMPROVEMENTS Identifying the rail infrastructure improvements for restoring passenger rail service was an iterative process and is described below. CSX MODELING ASSESSMENT To identify the infrastructure improvements to support the restoration of passenger service over the 724 miles of CSX-hosted track, CSX, at FRA’s direction and with support from the GCWG, engaged a consulting firm, HDR, Inc., to perform rail service modeling. The Rail Traffic Controller (RTC) model was used to forecast future shared freight and passenger operations, estimate the infrastructure required to operate safely and reliably over the route, and test proposed train schedules. The RTC model is a tool to assess the rail infrastructure necessary to accommodate various levels of service. The full report of the CSX/HDR RTC results is provided in Appendix K. The outcome of this initial effort identified more than $2.3 billion in infrastructure improvements to support the passenger service, including lengthening existing passing sidings throughout the route, installing new tracks and yard improvements, and other projects. However, even with the addition of these projects, the modeling suggested that service may not meet the 80% threshold for passenger on-time performance. CSX’s analysis estimates an end-point on-time performance of 67% for the New Orleans to Orlando service and 75% for the New Orleans to Mobile service. Page 116 of 134 Gulf Coast Working Group Report to Congress 21 REVIEW & REFINEMENT OF INITIAL CSX RECOMMENDATIONS Due to the scope and cost of the initial list of infrastructure improvements developed by CSX, the other members of the GCWG found them to be disproportionate to the level of proposed passenger service, and subsequently the GCWG Technical Group was formed to conduct additional technical reviews. As a result, the Technical Group held meetings in October and December 2016. The meeting participants reviewed key infrastructure needs and developed next steps for resolving outstanding issues. The key areas along the CSX route discussed included: Gentilly Yard (New Orleans) and adding capacity through this area; the installation of a second track in the Pascagoula Yard area; improvements to Sibert Yard (Mobile) to accommodate GCWG members’ interest in having the state-supported corridor train terminate in Atmore, AL; PTC signal improvements; possible station relocation in Jacksonville; selected track upgrades to permit higher operating speeds; the construction of new sidings and extensions of existing sidings to 15,000 feet to provide improved freight operations flexibility; and other projects. CSX then conducted a site visit and more closely examined the options, focusing on a minimum set of improvements to restore passenger service without constraints of a pre-determined schedule or service frequencies. It was discussed that the schedules would be adjusted after additional analysis was completed taking the infrastructure into account. CSX presented a revised list of improvements at a GCWG Technical Group meeting on February 8, 2017. CSX’s revised cost estimate for improvements including the New Orleans to Orlando route is approximately $780 million. The New Orleans to Atmore, AL route cost estimate is approximately $515 million; if the corridor train terminates in Mobile, CSX’s cost estimate is approximately $424 million for that segment of the corridor. On-time performance analysis was not performed for this revised suite of projects. Additional discussions, modeling, and negotiations amongst the stakeholders are needed to further advance the reduce scope of improvements. For both the initial and revised cost estimates, CSX developed the order-of-magnitude capital costs as follows: • CSX took a “Program” approach given the number of projects required, and thus the individual project costs were not broken down as the estimate confidence was based on the average project cost within the program. • CSX applied historical costs based on CSX’s extensive track and signal construction knowledge. • Costs are in 2016 dollars and do not account for escalation to the time period when construction would occur. • Contingency ranged from 25-35% based on historical risks as identified by different scopes of work. • The estimates include property acquisition and environmental permitting/mitigation. • Costs for the program were compared to the highly successful and recent North Carolina DOT Piedmont Improvement Program (PIP) and were relatively close on a per mile basis ($3-million per mile for the PIP and $1 million per mile for the revised Gulf Coast proposal). However, within a couple of months after completing the reduced scope and estimate, CSX determined it is not valid and insists that their $2.3 billion proposal is necessary to support passenger service. CSX believes that the most accurate analysis of what would be required to add modified Amtrak service described in this report is the initial modeling authorized and Page 117 of 134 Gulf Coast Working Group Report to Congress 22 funded by FRA and conducted by HDR with CSX as the intermediary. It is CSX’s position that if Amtrak wishes to add modified passenger service along the Gulf Coast, the appropriate next step is for it to initiate CSX’s planning process with a formal notice to CSX so that the two parties, and ultimately the STB, can establish a path forward. AMTRAK RECOMMENDATIONS Amtrak has identified recommended improvements for restoring service, which is supported by the SRC. While recognizing the benefits of capital improvements, Amtrak believes the only necessary improvement to CSX’s line is the installation of PTC, if it is confirmed that the sole presence of passenger service warrants it, on some or all, of the segment between Flomaton, AL and Jacksonville, FL. PTC was discussed in Section 3.1.2.1, and this matter will require further review. Amtrak recommends that the priority should be restoring the maximum allowable speeds (MAS) on the corridor to their 1999 levels. Since 1999, CSX has significantly reduced passenger train speeds along the route. In total, these and other speed reductions add approximately 80 minutes to the running time between New Orleans and Jacksonville, versus when Amtrak last operated on the route. See Table 3 to compare the service running times and average speeds for 1999, 2005, and the schedule proposed in 2015. Amtrak has recognized the need to work with CSX to jointly assess intercity passenger rail service restoration and reach an agreement on the equitable distribution of costs for improvements to increase passenger service operating speed levels. In terms of capacity improvements, Amtrak supports a phased approach after service is restored. Initial phases would include improvements that provide routes around major rail yards to increase speed and minimize risk of delays and provide flexibility for meets between opposing Amtrak trains. Subsequent phases would involve improvements that would facilitate meets and overtakes between Amtrak and freight trains. After Gulf Coast service is restored, the process of identifying exact infrastructure improvements would involve a more in-depth review of the existing infrastructure and be informed by actual experience. See Amtrak’s November 10, 2016 letter to FRA in Appendix A for more details on their recommendation. FRA EVALUATION Following the February 8, 2017 Technical Group meeting, FRA, Chair of the GCWG, took action, independent of the HDR modeling analysis, to identify the infrastructure improvements that FRA considered necessary for passenger rail service. In particular, service between New Orleans and Mobile was considered crucial to the time competitiveness of a state-supported day train between the two cities. FRA identified improvements by reviewing and analyzing CSX’s track charts, outputs from CSX’s model that shows the freight activity along the corridor (i.e., string line diagrams), and recent aerial photos of the corridor. Improvements identified for CSX’s infrastructure were divided into two segments: • New Orleans to Mobile: This segment would host two daily trains in each direction—a long-distance train operating between New Orleans and Orlando, plus a state-supported train operating between New Orleans and Mobile; and • Mobile to Orlando: This segment would host only the daily long-distance train operating between New Orleans and Orlando. Page 118 of 134 Gulf Coast Working Group Report to Congress 23 4.5.2.3 FRA IDENTIFIED IMPROVEMENTS This section outlines the improvements FRA identified for enhancing the operations of passenger trains on the corridor without unreasonably impairing freight operations. Aside from the passenger station related improvements, most of the proposed improvements for the restoration of passenger service from New Orleans to Orlando will benefit both the freight operations and the proposed passenger service. Improvements including, but not limited to, additional yard bypass tracks, improvements to passing sidings, and addition of higher speed turnouts to existing siding tracks, will help the rail freight services as well as accommodate the passenger service. Developing this list into an implementation plan that finalizes how the proposed improvements will be advanced will require additional operations analysis and discussions among CSX, Amtrak, and the SRC. Where appropriate, the locations of proposed improvements are noted by railroad milepost (MP) and city location, and are shown on the maps in Figure 5. For additional context, see Appendix L. PASSING SIDINGS The Gulf Coast Corridor is largely a single track railroad. Adding passing sidings will allow trains traveling in opposite directions to pass one another or allow a faster train, such as a passenger train, to overtake and pass a slower train. Many of the passing sidings on the Gulf Coast Corridor require upgrading for one or more of the following reasons: • Siding is too short to accommodate most freight trains; • Location of sidings is based on current freight operations, not on additional passenger service; • Small turnouts leading to a siding significantly reduce operating speeds; • Siding is not signaled, restricting speed to 15 mph; and • Siding contains a highway grade crossing, which restricts the ability to stop long trains in the siding. Identified Improvements: • MP 780.4.4 to MP 781.9, Lake Catherine, LA: Replace No. 15 turnouts with No. 20 turnouts, modify signals, and upgrade track to permit high speeds. • MP 766.3 to MP 768.1, Magnolia Ridge, MS: Replace No. 15 turnouts with No. 20 turnouts, modify signals, and upgrade track to permit higher speeds. • MP 764.2, East of Ansley, MS: Install new 10,000-foot passing siding that will also allow switching of local industry without blocking the main line. • MP 745.1 to MP 746.9, White Harbor, MS: Re-align and extend siding, and replace No. 15 turnouts with No. 20 turnouts, modify signals, and upgrade track to permit higher speeds. • MP 730.3 to MP 731.9, Beauvoir, MS: Replace No. 15 turnouts with No. 20 turnouts, modify signals, and upgrade track to permit higher speeds. Also includes closing of Iris Street crossing in middle of siding. • MP 709.9 to MP 711.4, Gautier, MS: Replace No. 15 turnouts with No. 20 turnouts, modify signals, and upgrade track to permit higher speeds. • MP 699.4 to MP 701.2, Orange Grove, MS: Replace No. 15 turnouts with No. 20 turnouts, Page 119 of 134 Gulf Coast Working Group Report to Congress 24 modify signals, and upgrade track to permit higher speeds. • MP 685.6 to MP 687.4, St. Elmo, AL: Replace No. 15 turnouts with No. 20 turnouts, modify signals, and upgrade track to permit higher speeds. • MP 669.7 to MP 671.8, Mobile, AL: Replace No. 15 turnouts with No. 20 turnouts, modify signals, and upgrade track to permit higher speeds. GRADE CROSSINGS Existing public highway grade crossings in the corridor are equipped with different types of protection. Many are protected by flashing lights and/or gates that are automatically activated by the approach of a train. Private roads have only warning signs (crossbucks) or standard stop signs, relying on the motorist to watch for the approach of a train. Grade crossings are a source of numerous concerns: • Crashes: Motorists can ignore flashing lights, drive around gates, or fail to stop or yield to an oncoming train, resulting in a collision between a vehicle and a train that may cause injuries and/or fatalities, damage to vehicles and trains, damage to infrastructure, and extensive delays to trains. • Operations: To avoid blocking a highway grade crossing for extended periods of time, trains may restrict operations, such as switching and occupying sidings that have grade crossings. • Maintenance and Inspection: Crossing protections need periodic inspection and maintenance. • Ride Quality: A sudden change in track condition at grade crossings can often be felt by passengers on trains traveling at higher speeds. • Speed Restrictions: Restricting the speed of trains through grade crossings may be necessary or may be requested by the local municipality. The Gulf Coast Corridor includes a large number of grade crossings. Some have a history of frequent accidents, are closely spaced, and/or restrict switching operations and use of sing tracks. Proposed improvements will require proper coordination with the respective State Department of Transportation and local jurisdiction. Identified Improvements: • MP. 799.3, New Orleans, LA: Remove crossing at Old Gentilly Road, which could improve switching of Gentilly Yard and reduce blockage of main track by switching operations when combined with additional track capacity. • MP 795.2, New Orleans, LA: Remove Michoud Boulevard grade crossing. This will provide CSX with an additional length of track to park freight trains, allowing passage of passenger trains on main track. • West of Bay St. Louis: Remove two grade crossings to allow use of second track as passing track. • West of Gulfport through Biloxi: Out of 14 crossings in a 20-mile stretch, remove three and upgrade warning signals at two others to potentially allow removal of voluntary 45 mph speed restriction, subject to further study by CSX. FRA will need to coordinate an onsite grade crossing diagnostic team for the two locations slated to be upgraded. Team members should include (but not be limited to) state and local officials, the railroad and its signal consultants, emergency personnel, and any other stakeholders. • Mobile: Close three lightly used and closely spaced crossings to improve operational Page 120 of 134 Gulf Coast Working Group Report to Congress 25 flexibility. YARD BYPASS TRACKS Yards are used for assembling and disassembling trains, and sorting and storing of rail cars. They may also have facilities for servicing and fueling locomotives, minor car repair, and changing of crews. While most yard facilities are separate from main tracks, they can impact traffic on main tracks by trains pulling into and out of the yard, and in some locations, due to site limitations, require using main tracks for assembling and disassembling trains and/or for pushing and pulling strings of cars to and from yard tracks. Operations at Gentilly Yard on the east side of New Orleans, Bayou Cassotte Yard in Pascagoula, and Sibert Yard in Mobile frequently block main tracks for extended periods, which would impede the passage of passenger trains. Identified Improvements: • Gentilly Yard in New Orleans: Construct a new, fully signaled bypass track around Gentilly Yard in New Orleans for passenger trains on the north side of the existing main line for approximately two miles with No. 20 turnouts at each end. • Bayou Cassotte Yard in Pascagoula: Install approximately 21,000 feet of fully signaled passing track with No. 20 turnouts to allow passenger trains to bypass freight trains stopped for switching on the main track. As of March 2017, the Port of Pascagoula is working on a TIGER 2013 funded project that includes rail improvements (i.e., new rail track) in the same vicinity as this proposed passing track, east of the yard. Although construction has not started yet, CSX and Amtrak will need to coordinate with the Port to see if design modifications can be made so both projects can be built to meet the needs of each entity. INTERLOCKING IMPROVEMENTS Interlockings are locations where there are remotely controlled turnouts, crossovers, diamond crossings, and other special track work that is fully signalized. The interlocking primarily assists with moving trains to different tracks. Identified Improvements: • Gulfport, MS: Revise the interlocking where KCS trains cross CSX track to give CSX priority control for expediting passenger trains. • Theodore, AL: Replace hand thrown turnouts with interlocked remote control powered turnouts to expedite freight movements to and from the Theodore Industrial track, reducing freight train occupancy time on the main track. • Mobile, AL: Interlock and remote control the interlocking where CN trains cross CSX track to give CSX priority control for expediting passenger trains. MOVABLE BRIDGES Movable bridges, whose jurisdiction is under the U.S. Coast Guard (USCG), are those that do not have enough clearance above the water to allow passage of many types of boats. Thus, they must be opened by raising or swinging out of the way to allow passage of marine vessels. To prepare for any potential challenges with any of the bridges’ open/close cycle time, the USCG described their drawbridge operating regulation procedure for requesting modifications to bridge movements for train crossings in an October 3, 2016 letter to Senator Roger Wicker, see Page 121 of 134 Gulf Coast Working Group Report to Congress 26 Appendix M. With an understanding that the modification process is not guaranteed, this topic will need to be further explored by some of the GCWG members for the restoration of passenger service. FRA’s only recommendation for the moveable bridges is concerning the miter rails. When a movable bridge closes, it must be locked in position with the rails on the movable part of the bridge precisely aligned with the rails on the fixed part of the bridge. To ensure proper alignment is maintained, special miter rails are required. The type of miter rails impacts the allowable speed of trains. The type of miter rail used at most of the CSX bridges currently restricts train speeds. Identified Improvements: Upgrade to the miter rails and perform a structural analysis to potentially permit faster speeds at the following movable bridges: • MP 787.3, Chef Menteur • MP 775.3, Rigolets • MP 768.8, Pearl River • MP 753.0, Bay St. Louis • MP 724.4, Biloxi Bay • MP 706.8, Pascagoula River IDENTIFIED (PROPOSED) NEW STATIONS - FOR FURTHER CONSIDERATION As part of the Service Level for Ongoing Operations category of investments, FRA recommends that Amtrak and the cities of Mobile, AL and Jacksonville, FL consider the addition of two new stations as part of a long-term strategy to help encourage additional ridership. The basis for the recommendation is described further within each city’s section below. The planning and design of new stations would need to follow the respective city’s land development process as well as applicable state and federal regulations. In addition, new stations are considered a modification of service under the Amtrak-CSX contract, requiring a joint planning process between the two parties. Proposed Suburban Station West of Mobile: To improve access to the passenger service from suburban points north, northwest, and southwest of Mobile, FRA recommends that the City of Mobile consider a park and ride station with convenient highway access. This station would be in addition to restoring the downtown Mobile station, and it would eliminate the need for suburban passengers to drive 6-10 miles east to that station in order to travel west on the train. The proposed location is a site at the intersection of the railroad with Highway Route 193, which passes over the railroad. The site is near to full interchanges with I-10 and US 90, with an existing frontage road providing access to the site. The station would have a 300-foot platform adjacent to the existing main track, plus parking for 150 cars. On other passenger routes around the U.S., properly located suburban stations (a.k.a., beltway stations) have attracted ridership beyond what was expected in the planning stages. Proposed Additional Jacksonville Station: The existing Jacksonville station is located north of a direct route for a train traveling between New Orleans and Orlando. To serve this station, the train would have to make a 3-mile detour Page 122 of 134 Gulf Coast Working Group Report to Congress 27 through a very congested freight switching area and reverse direction on a wye track with a backup move. The detour and backup move is estimated to require 23 additional minutes of schedule time and would likely be subject to additional delays due to freight train activity. FRA recommends that the City of Jacksonville consider an additional station that could be located on the southwest side of Jacksonville. The new station would improve access to some suburban areas and could also be served by existing Amtrak trains. Furthermore, the station would incorporate a simple platform and canopy with vehicular access and parking, and is not intended to replace the existing Jacksonville station, which would require more extensive facilities. MOBILE STATION TRACK A daily round trip train operating from New Orleans to Mobile will need a place to park in Mobile during the middle of the day. A 1,000-foot track on the west side of the existing Mobile station platform and connected to the main track with a fully signaled and interlocked No. 10 turnout is proposed. Figure 5 – Maps of FRA’s Identified Improvements Page 123 of 134 Gulf Coast Working Group Report to Congress 28 IMPROVEMENTS REQUIRING FURTHER CONSIDERATION: PTC and Signal Systems: Based on the information provided in Section 3.1.2.1, CSX and Amtrak will need to further assess the traffic levels, precise volume of poison- or toxic-by-inhalation hazardous materials transported over each territory along the corridor, and precise beginning and end points where passenger service would be provided for a final determination on the needs and costs for PTC and any associated signal system installation, in accordance with federal law. Once the specific passenger service beginning and end points have been determined, Amtrak and CSX can detail the PTC project needs and submit to FRA, for review and approval, a request for amendment to CSX’s PTC Implementation Plan, as explained in Section 3.1.2.1. The total cost for fully implementing a PTC system on the Gulf Coast Corridor, including costs for PTC system installation, deployment, operation, and ongoing maintenance, is not yet known. PTC installation costs are very specific to each territory; as such, more detailed planning and design work is needed to develop an estimate for the Gulf Coast route. An initial projected cost range based on the experience of other railroads across the country shows that installing PTC could cost between $200,000 and $850,000 per track mile where PTC is required. The exact cost per mile is highly dependent upon many factors, including, but not limited to, the amount of work required to bring the supporting signaling infrastructure to an adequate state of Page 124 of 134 Gulf Coast Working Group Report to Congress 29 repair and/or installation of a supporting signal system to support the proposed method of operations, which has not been determined yet. As mentioned in Section 3.1.2 and shown in Figure 2, there is no signal system between Flomaton, AL and Tallahassee, FL. Amtrak and CSX also provided preliminary PTC installation cost estimates during the process of preparing this Report. Amtrak’s preliminary PTC installation cost estimate is $50 million, and it has indicated the AAR’s industry average is $170,000 per mile, which includes costs for research and development and equipping locomotives with a PTC system. Furthermore, CSX provided a $93 million preliminary estimate for the cost of installing a PTC system, including signal upgrades. The varying cost estimates are likely based on PTC installation projects that do not require the installation of a base signal system because it already exists. 4.5.2.4 FRA IDENTIFIED IMPROVEMENTS FOR CSX LINE AND ORDER OF MAGNITUDE CAPITAL COSTS For the New Orleans to Mobile daily state-supported train and the New Orleans to Orlando daily long-distance train, FRA identified infrastructure improvements for the CSX-owned line at two levels to illustrate the differences in capital needs and costs: 1) Minimum needed for passenger rail service; and 2) Service level for ongoing operations. The infrastructure improvements comprising each level and their estimated costs are shown in Table 5. MINIMUM NEEDED FOR PASSENGER RAIL SERVICE These improvements are primarily comprised of station improvements that are needed to restore passenger service. This investment level would support the long-distance train only since the proposed restoration of the long-distance service is very similar to the suspended Sunset Limited operations between New Orleans, LA and Orlando, FL. SERVICE LEVEL FOR ONGOING OPERATIONS These improvements include the addition of signals, larger turnouts, and track upgrades for increased speeds in and out of passing tracks in order to improve overall capacity and expedite all train movements, installation of new miter rails on moveable bridges, grade crossing improvements, yard improvements, and other projects. These improvements are intended to enhance the reliability and reduce the trip time of passenger trains. The effectiveness of the improvements for on-time performance has not been validated as part of this Report and is recommended as a next step. Moreover, these improvements are targeted to support the addition of the state-supported train as it would operate during the daytime (also based on the schedule in Amtrak’s 2015 report) when freight traffic between New Orleans and Mobile is higher. The order-of-magnitude capital costs incorporated the following list of assumptions: • Design and construction management (CM) costs were each calculated as percentages of the program subtotal (10% and 5%, respectively). • Unallocated Contingency of 35% was included. • Costs are in 2016 dollars and do not account for escalation to the time period when construction would occur. • For grade crossing closures, it was assumed that in all cases the "most reasonable" approach would be taken, recognizing that there may be local opposition to a crossing closure. • The ownership of right-of-way that may be required to implement the improvements was not considered, and real estate/property acquisition costs have not been included. Page 125 of 134 *XOI&RDVW:RUNLQJ*URXS5HSRUWWR&RQJUHVV    x7KH&6;7LPHWDEOHVSHHGUHVWULFWLRQV YLDWKH7UDLQ3HUIRUPDQFH&DOFXODWRURXWSXW ZHUH XVHGWRGHWHUPLQHWUDFNFODVVDQGFURVVLQJV\VWHPVVRIWZDUHDQGWRSURYLGHEDFNXSIRURWKHU DVVXPSWLRQV7KHPDMRULW\RIWKHPDLQOLQHWUDFNZDVGHWHUPLQHGWREH&ODVVWUDFN PSK PD[VSHHGIRUIUHLJKWPSKPD[VSHHGIRUSDVVHQJHU WKHUHIRUHQRLPSURYHPHQWVDUH LQFOXGHG x,WZDVDVVXPHGWKDWWUDFNFRXOGEHXSJUDGHGIURP&ODVVWUDFN PSKPD[IUHLJKWPSK PD[SDVVHQJHU WR&ODVVWUDFN PSKPD[IUHLJKWPSKPD[SDVVHQJHU RQPDQ\ H[LVWLQJVLGLQJVE\PDNLQJLPSURYHPHQWVUDWKHUWKDQUHSODFLQJWKHWUDFNVWUXFWXUH IRUD PXFKORZHUFRVW $FWXDOVLWHVXUYH\VPD\UHYHDOWKDWWUDFNPD\LQGHHGQHHGWREHUHSODFHG x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±&DSLWDO&RVW6XPPDU\)5$ V,GHQWLILHG,PSURYHPHQWV  ,03/(0(17$7,21  )5$,'(17,),('352*5$02),03529(0(176 )5$¶VLGHQWLILHGSURJUDPRILPSURYHPHQWVIRUFRQVLGHUDWLRQDQGDVVRFLDWHGFDSLWDOFRVWVDUH GHVFULEHGEHORZ7KH2 0FRVWVDVVRFLDWHGZLWKWKHVWDWHVXSSRUWHGFRUULGRUWUDLQDQGWKH ORQJGLVWDQFHWUDLQDUHGHVFULEHGDVZHOO7KH2 0FRVWVDUHRISDUWLFXODUVLJQLILFDQFHEHFDXVH $PWUDNSURMHFWVWKHWZRVHUYLFHVWR\LHOGDQQXDOLQFUHPHQWDORSHUDWLQJORVVHVERWKIHGHUDO DQGRUQRQIHGHUDO VWDWHDQGRUORFDO IXQGLQJVRXUFHVZLOOQHHGWREHLGHQWLILHGSULRUWRWKH UHVWRUDWLRQRISDVVHQJHUVHUYLFH Page 126 of 134 Gulf Coast Working Group Report to Congress 31 5.1.1 OPERATIONS AND MAINTENANCE (O&M) COSTS Amtrak’s 2015 report contains estimated passenger revenue and O&M costs 10 for the service along the entire route from New Orleans to Orlando (Alternative A1 in Section 4.2.2, without the additional round trip between New Orleans and Mobile) to yield an annual incremental operating loss of $5.48 million. If operated as a standalone service, the operation between New Orleans and Mobile (Alternative A1 subtracted from Alternative A in Table 2) would yield an annual incremental operating loss of $4 million, due primarily to the reduction in passenger volume and other sources of revenue. The combined service (Alternative A in Section 4.2.1) would yield an annual incremental operating loss of $9.49 million. Amtrak’s estimated revenues and O&M costs for restored passenger rail service are based on the corridor’s 1999 operating speeds, which were faster than the rail infrastructure currently allows, and do not incorporate any rail infrastructure improvements. As such, additional analysis of the revenues and O&M costs is recommended. In addition, ongoing capital lifecycle costs, including PTC system maintenance, have not been estimated as part of the evaluation for this Report. Lifecycle costs should be assessed as a next step when more detailed planning efforts are underway. 5.1.2 SUMMARY OF STATION, INFRASTRUCTURE & OTHER IMPROVEMENT COSTS FRA’s recommended capital improvements for restoring passenger rail service are discussed in Sections 4.5.2.3 and 4.5.2.4. The suggested approach would be to first implement the minimum improvements needed to restore service, to be followed by the service level for ongoing operations improvements as additional funding becomes available. The total estimated amount of capital investment for the recommended improvements that will be required is $117.67 million in 2016 dollars, and includes the elements shown in Table 6. . 10 Assumptions from 2015 Amtrak report: the financial forecasts based in the evaluation reflect updated base cost data from more recent system-wide cost experience, and identifies and prices state-supported service under the PRIIA 209 methodology. Methodology: In order to forecast the operating results for the proposed Gulf Coast services, including PRIIA 209 methodology pricing, Amtrak Market Research and Amtrak Finance relied on modeling processes consistent with those used for studies of other service changes throughout the Amtrak system. Page 127 of 134 Gulf Coast Working Group Report to Congress 32 Table 6 – Capital Cost Summary by Phased Implementation 5.2 FUNDING A key challenge to implementing the restored passenger rail service will be securing the necessary funds for both capital improvements and sustained financial support to cover projected operating losses. At this time, specific source(s) of funds have not been identified to cover the projected operating losses identified above. An estimate of capital funding needs to implement the identified improvements over the course of the next five years has been projected and is shown in Table 7 below. Table 7 – Five-Year Funding Plan for FRA’s Identified Improvements The following section outlines potential or existing sources of funding that can be considered to support the restoration of passenger rail service. 5.2.1 LOCAL FUNDING 5.2.1.1 LOCAL MATCH TO FRA GRANT S Several communities along the suspended service route in Louisiana, Mississippi and Alabama will invest local dollars to match federal funds to complete a variety of planning studies and construction projects. The SRC and FRA are using the $2.45 million in FY 2006 Gulf Coast High Speed Rail Corridor earmark funds to set up railroad planning and development grants. The grant will require a 50% cash match, and the SRC has received commitments from the Project Element Minimum needed for passenger rail service * Service level for ongoing operations TOTAL Planning and Project Development 5,000,000$ 5,000,000$ Station Improvements 7,820,000$ 7,820,000$ New Station/Terminal 1,898,000$ 12,265,000$ 14,163,000$ Infrastructure Improvements 90,689,000$ 90,689,000$ TOTAL 14,718,000$ 102,954,000$ 117,672,000$ * Positive Train Control (PTC) & base signal system installation needs and costs from Flomaton, AL to Jacksonville, FL and Flomaton, AL to Tallahassee, FL, respectively, have not been determined by the time this report was finalized. The installation of PTC could significantly increase the service restoration costs. Federal Non-Federal Federal Non-Federal Federal Non-Federal Federal Non-Federal Federal Non-Federal Federal Non-Federal Planning & Project Development $4,000,000 $1,000,000 Stations $3,887,200 $971,800 $3,887,200 $971,800 $3,270,667 $817,667 $3,270,667 $817,667 $3,270,667 $817,667 Infrastructure & New Stations $24,183,733 $6,045,933 $24,183,733 $6,045,933 $24,183,733 $6,045,933 Annual Totals $4,000,000 $1,000,000 $3,887,200 $971,800 $3,887,200 $971,800 $27,454,400 $6,863,600 $27,454,400 $6,863,600 $27,454,400 $6,863,600 Costs shown are in 2016 dollars. For planning purposes, FRA assumes a federal share of 80% and non-federal share of 20%. * Positive Train Control (PTC) & base signal system installation needs and costs from Flomaton, AL to Jacksonville, FL and Flomaton, AL to Tallahassee, FL, respectively, have not been determined by the time this report was finalized. The installation of PTC could significantly increase the service restoration costs. Year 1 Year 2 Year 3 Project Element Year 4 Year 5 Planning and Project Development Minimum Needed for Passenger Rail Service*Service Level for Ongoing Operations Page 128 of 134 Gulf Coast Working Group Report to Congress 33 potential grant recipients to supply the full match for their respective project(s). 5.2.1.2 OTHER LOCAL FUNDING INITIATIVES The City of Live Oak, FL does not currently have a passenger station, but has expressed strong support for one. The Suwanee County Economic Development Office, a GCWG member, has identified $2.5 million that is available for potential platform and passenger station facilities. 5.2.1.3 BP OIL SPILL SETTLEMENT PROCEEDS In April 2010, BP’s offshore oil rig Deepwater Horizon (off the Louisiana Coast) exploded, sending millions of gallons of oil into the Gulf of Mexico. Following a number of lawsuits, a $20 billion settlement was reached, providing funds to the five affected Gulf Coast states (Texas, Louisiana, Mississippi, Alabama and Florida) and localities to address environmental damage and other claims. The spill restoration funding is accessed through multiple sources, each having its own requirements and limitations on use of the monies. Only two sources offer opportunities for possible use in restoration and resilience investments, such as the restoration of passenger rail service. The sources are the Gulf states’ economic damages settlement awards and certain funds under the Revived Economies of the Gulf Coast States Act (RESTORE Act) (included in the settlement). Although no specific amount of funding has been identified from the settlement proceeds available to the Gulf States that might be directed toward possible eligible uses to support the proposed activities in this Report, this remains a viable source for potential future funding. 5.2.2 THE FAST ACT The recently passed federal surface transportation authorization, the FAST Act, includes a passenger rail title. The passenger rail programs are not guaranteed to be funded at the authorized funding levels included in the Act, in contrast to most highway and transit programs. Rather, these rail programs must rely on the federal appropriations process to receive annual funds, if any. The FY 2017 appropriations act provides some passenger rail funding available as grants to states and local governments, which is the first time since 2010 that Congress has provided these entities with passenger rail funding. These grant programs will be awarded on a competitive basis according to the statutory requirements. 5.2.2.1 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (CRISI) PROGRAM The CRISI program’s (Section 11301 of the FAST Act) purpose is to improve the safety, efficiency, and reliability of passenger and freight rail systems. This program did receive $68 million in the FY 2017 appropriations act. 5.2.2.2 RESTORATION AND ENHANCEMENT (REG) PROGRAM The REG program (Section 11303 of the FAST Act) provides up to six operating assistance grants to support initiated, restored, or enhanced intercity passenger rail transportation. This program received $5 million for operating costs in the FY 2017 appropriations act. 5.2.2.3 FASTLANE GRANTS The FASTLANE program (Section 1105 of the FAST Act) authorizes funding for critical freight and highway projects across the country. Projects are selected by the Secretary of Transportation on a competitive basis. The program limits funding to multi-modal non-freight highway projects Page 129 of 134 Gulf Coast Working Group Report to Congress 34 to $500 million over the life of the FAST Act, which expires in 2021. These funds are guaranteed on an annual basis, unlike passenger rail programs. 5.2.3 TIGER GRANTS TIGER grants are another federal funding source that the SRC and the Gulf States are familiar with through past applications. To date, roughly $500 million has been appropriated annually for capital investments in surface transportation infrastructure of all sorts. 5.2.4 HIGHWAY-RAIL GRADE CROSSINGS The Federal Highway Administration (FHWA) administers the Railway-Highway Crossings (Section 130) Program. According to FHWA’s website, “[the] Program provides funds for the elimination of hazards at railway-highway crossings. The Section 130 Program has been correlated with a significant decrease in fatalities at railway-highway grade crossings.” The Program funds are apportioned to states by formula, and serve as a potential funding source. The following section is a summary of the Alabama DOT’s and Louisiana Department of Transportation & Development’s (DOTD) Section 130 Program. 5.2.4.1 ALABAMA DOT The Alabama DOT’s (ALDOT) Section 130 Program is a 100% federally funded program dedicated to reducing crashes, injuries and deaths at highway-rail grade crossings. The Section 130 Program initiates railroad safety projects that provide for the construction and installation of active warning devices at high-risk rail-highway grade crossing locations throughout the State of Alabama. In FY 2016, the ALDOT initiated 19 projects at an estimated cost of $5.8 million. Alabama has approximately 2,748 public highway-rail grade crossings. Forty-eight percent of these grade crossings have active warning devices (signals, bells, and gates), and the remaining rail-highway crossings are equipped with passive warning devices. The ALDOT uses the U.S. DOT/AAR Accident Prediction Formula Index (Index) to establish the potential risk of a crossing and to determine which rail-highway grade crossings to select for safety improvements using Section 130 funds. This Index is used nationally by several states to rank rail-highway crossings. On average, Alabama experiences about 70 crashes between trains and vehicles each year, resulting in 35 injuries and seven to eight fatalities. On an annual basis, ALDOT selects the top 20 highway-rail grade crossing locations from the U.S. DOT/AAR Accident Prediction Formula Index. The scope of work generally consists of installing active and passive warning devices at each highway-rail grade crossing location listed. Once the Phase Document is approved by FHWA, ALDOT will initiate, process, and complete projects at each location to install warning devices. 5.2.4.2 LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT (DOTD) Louisiana has approximately 2,800 public at-grade crossings (open to the public and road approaches are maintained by the DOTD, Parish [similar to counties] or a municipality). Over 50% of these Louisiana public at-grade crossings have railroad active warning devices (railroad flashing lights with or without gates). Louisiana DOTD has a Railroad Safety Program to fund about $8 million of railroad safety projects each year. This uses the 130 Program funds and other federal funds to accomplish this effort. Louisiana DOTD uses the FRA Accident Prediction System (APS) to initially rate Page 130 of 134 Gulf Coast Working Group Report to Congress 35 crossings based on inventory data. The highest APS crossings (the top 200 plus a few over 200), and those crossings with at least two collisions within five years per FRA collision data, go through an additional review by DOTD railroad safety personnel to determine proposed railroad safety projects. Some of the recommended railroad safety projects will include multiple crossings to be upgraded. 5.2.5 RRIF/TIFIA PROGRAMS The U.S. Department of Transportation’s Build America Bureau oversees innovative financing tools for the agency—such as the TIFIA and RRIF Programs, which provide low-interest loans for capital improvements to eligible borrowers who meet credit worthiness criteria. The TIFIA programs’ project cost floors have been lowered to $10 million for station/transit area development/local projects in the FAST Act and may be a viable option for service restoration and eligible capital work. 5.3 NEXT STEPS There are a number of critical next steps that will need to be addressed in order to progress the restoration of passenger rail service in the Gulf Coast Corridor within a reasonable timeframe, as discussed below. 5.3.1 VERIFY RECOMMENDED IMPROVEMENTS CSX, Amtrak, FRA, and the SRC will need to hold collaborative meetings to verify and detail the recommended improvements. Capital improvements need to be confirmed for the New Orleans to Mobile, AL segment due to the higher volume of freight operations between these cities compared to points east. For these discussions to be productive, a certain level of conceptual engineering will need to be completed to identify fatal flaws and gain confidence in the proposed improvements. 5.3.2 CONFIRM PTC REQUIREMENTS As previously mentioned, PTC system implementation is required on main line track where intercity or commuter rail passenger service is regularly provided, in accordance with federal law. The costs for implementing a PTC system on the tracks from Flomaton, AL to Jacksonville, FL, or any segment thereof, and equipping locomotives will need to be determined by CSX and Amtrak, if passenger service is restored. The full implementation of a PTC system could significantly increase the service restoration costs. 5.3.3 EVALUATE SAFETY AT GRADE CROSSINGS 5.3.3.1 PROPOSED GRADE CROSSING STUDY Highway-rail grade crossing safety is an important topic for State DOTs and local communities. To evaluate grade crossing improvement needs along the Gulf Coast Corridor, local stakeholders and State DOTs should determine if a grade crossing study is needed. The study could evaluate installing active warning devices, upgrading active warning devices, improving roadway approaches (including elimination of “humpback” crossings capable of hanging up low‐profile vehicles), and closing crossings. 5.3.3.2 MISSISSIPPI RAILROAD CORRIDOR WORKING GROUP The Mississippi Railroad Corridor (MRC) Working Group is an example of a grade crossing safety effort that is underway. In 2016, the Gulf Regional Planning Commission (GRPC) formed Page 131 of 134 Gulf Coast Working Group Report to Congress 36 the MRC Working Group as an initiative under its ongoing transportation safety program in support of advancing multi-modal transportation options. The GRPC serves three counties (Hancock, Harrison and Jackson) and 12 cities of the Mississippi Gulf Coast. The MRC Working Group’s efforts are funded by the GRPC’s FHWA/Federal Transit Administration’s MPO Planning funds and local match. The MRC Working Group has hosted discussions focused on safety and the need for cooperation to achieve zero loss of life. The MRC Working Group has also met with CSX regarding highway grade crossing upgrades and closures. Ongoing discussions have included the CSX corridor; in particular: 1) identifying the condition of highway grade crossings across the three counties; 2) improvements to increase the safety and efficiency of the CSX rail corridor; 3) determining if safety improvements are practical and feasible; and 4) identifying resources to assist the local governments to make the safety improvements. Furthermore, members of the MRC Working Group have noticed acceptance from the public on closing crossings. In 2017, GRPC launched an initiative to create a programmatic approach for the safety and security of the entire CSX rail corridor. Once the group becomes more established and schedules regular meetings, this initiative could expand to include the entire Gulf Coast Corridor. 5.3.4 NEPA ENVIRONMENTAL REVIEW The infrastructure improvements recommended for the restoration of passenger rail service will require compliance with NEPA if federal funds are used. Section 102 of NEPA requires federal agencies to incorporate environmental considerations in the planning and development of new initiatives. There is a general hierarchy to the assessment of environmental impacts, beginning with consideration for a Categorical Exclusion (CATEX). Projects that do not have a significant impact can be categorically excluded from a detailed environmental analysis. If a CATEX does not apply, then an Environmental Assessment (EA) may be required. An EA discusses the need for a project, alternatives considered, and any environmental impacts that may ensue. If a project is found not to have a significant impact on the environment, a Finding of No Significant Impact is made. If the EA determines that a project will yield significant environmental impacts, then an Environmental Impact Statement (EIS) is prepared. The regulatory requirements for an EIS are more detailed and rigorous than those required for an EA. 5.3.5 EXECUTE NECESSARY AGREEMENTS In order to operate passenger service on CSX’s line from New Orleans to Deland, Amtrak must have an operating agreement with CSX. Similarly, from Deland, FL to Orlando, FL, Amtrak will need to establish an operating agreement with SunRail. For the existing passenger stations, the legal status of leasing and ownership needs to be determined by the respective local government, Amtrak, and/or CSX. In particular, if any agreements were in place in 2005, all parties need to know if those agreements are still valid. If a new station is built or if a station is relocated, agreements also need to be established to determine ownership and leasing responsibilities. 5.3.6 APPLICATION OF POTENTIAL FUNDING While capital costs and potential funding sources have been identified in this Report, adequate funding will be necessary for continuing the work started by the GCWG and returning passenger Page 132 of 134 Gulf Coast Working Group Report to Congress 37 rail service to the Gulf Coast Region. In addition, a stable and ongoing funding source will be required for the service’s O&M costs. 5.3.6.1 REQUEST FOR FUNDING: The short-term (years 2017-2020) items include: • Additional planning such as modeling and project development (including NEPA/environmental studies); • Design/Engineering; • Rehabilitation of existing stations; • Refurbishing of rolling stock; and • Construction of initial capital improvements The long-term items include: • Construction of new stations (which will need to go through the respective city’s development process and Amtrak’s process); and • Construction of ongoing capital improvements. 5.3.7 IDENTIFICATION OF REAL ESTATE REQUIREMENTS & DEVELOPMENT OPPORTUNITIES The possible addition of one or more new stations and new infrastructure may require property acquisition and/or easements from existing property owners. Therefore, real estate needs will need to be assessed, along with the identification of associated costs. Development opportunities and public-private partnerships to construct these new facilities will also be explored. 5.3.8 OTHER RECOMMENDATIONS 5.3.8.1 EXTEND LONG-DISTANCE SERVICE TO TAMPA, FL The possible extension of passenger rail service beyond Orlando to Tampa has been recommended for consideration. Ending the line at the existing terminus in Orlando presents several challenges for Amtrak to service trains at this location. Trains would need to turn on a wye at Stanton (8.4 miles south of Orlando), travel back north to Sanford for servicing and turning on a wye there, then return south and turn again on the wye at Stanton, and finally move north to the Orlando station to begin the trip to New Orleans, a process that would add time for the train crew. Extending the train to Tampa would encourage additional ridership while avoiding the challenging turning moves in Orlando. This alternative would have to be studied to understand the associated capital and operating costs. 5.3.8.2 ASSESSMENT OF EXTENDING STATE-SUPPORTED SERVICE TO ATMORE, AL This Report identifies the improvements needed to support an initial state-supported service between New Orleans and Mobile. However, there is strong local support for extending the state-supported train to Atmore. This extension needs further evaluation, particularly regarding identifying improvements in the Sibert Yard (Mobile) area and any potential increase to incremental operating losses and capital costs. Page 133 of 134 Gulf Coast Working Group Report to Congress 38 6 CLOSING STATEMENT In the more than 10 years since Hurricane Katrina struck, Gulf Coast leaders and residents have made great strides in rebuilding businesses, communities, and infrastructure that connect cities across the region. In the last five years, more than $3 billion in private funds were invested in industrial, medical, IT, and aerospace sectors. As mentioned earlier in this Report, during the next 30 years the Gulf Coast and Florida megaregion’s populations are expected to increase by 10 million and 13.8 million, respectively. For the region to harness this projected population growth, it needs a multi-modal transportation system that provides transportation alternatives. Page 134 of 134