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HomeMy Public PortalAbout12112023 City Council Regular Meeting Agenda Packet CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 11, 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. Elder Sylvester Echols of First Church of God In Christ 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Presentations and Reports 5.1. Civilian Lifesaving Award Presentation 6. Consent Agenda 6.1. Vehicle Purchase 6.2. Lantern Ridge Upgrade - Lift Station 21 6.3. Crestview Main Street Revitalization Contract Negotiation 6.4. DEP Agreement No. (LPA0502- Crestview Benjamin St. Septic to Sewer) 6.5. Foxwood Low Pressure Sewer System Award of Contract 6.6. Rehab for Lift Station #6 of Control Panel 6.7. Vineyard Village Site Improvements Bid Selection 6.8. Approval of City Council Regular Meeting Minutes of November 13, 2023 7. Public Hearings / Ordinances on Second Reading 7.1. Ordinance 1953 Lee Avenue Comprehensive Plan Amendment 7.2. Ordinance 1954 Lee Avenue Rezoning 7.3. Ordinance 1955 North Avenue East Comprehensive Plan Amendment Page 1 of 299 7.4. Ordinance 1956 North Avenue East Rezoning 7.5. Ordinance 1957 - Comprehensive Fee Amendment 8. Ordinances on First Reading 8.1. Ordinance 1958 - Amending the City of Crestview Police Officers’ and Firefighters’ Retirement Plan 9. Resolutions 10. Action Items 10.1. City Clerk Annual Performance Evaluation 11. City Clerk Report 11.1. Monthly Update 12. City Manager Report 12.1. Financial Update - Finance Director 12.2. Boards and Committees Update 13. Comments from the Mayor and Council 13.1. Mae Reatha Coleman Citizen of the Year Selection 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 299 CITY OF CRESTVIEW Item # 2.1. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 11/28/2023 SUBJECT: Elder Sylvester Echols of First Church of God In Christ BACKGROUND: Area clergy volunteer to provide the Invocation. DISCUSSION: The Invocation is provided as a service to the community. 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 No action required. Page 3 of 299 Attachments None Page 4 of 299 CITY OF CRESTVIEW Item # 5.1. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Stephen McCosker, Police Chief DATE: 12/6/2023 SUBJECT: Civilian Lifesaving Award Presentation BACKGROUND: Awards will be presented to Victoria Sipher and Renee Hamilton. DISCUSSION: Presentation of a Life Saving Award to two Crestview Citizens.. On September 7, 2023, we received a letter from Crestview Police Department, Charlie Squad, recognizing two civilians for their actions during a Medical Emergency. The driver of a truck became unconscious, and the vehicle did not progress with traffic. Mrs. Victoria Sipher approached the vehicle to assist with pushing it out of the road. Mrs. Sipher was informed the driver was not responsive and attempted to revive the subject. Mrs. Renee Hamilton arrived and assisted Mrs. Sipher and others with removing the male from the vehicle. Upon Officer Hilsman’s arrival, Mrs. Victoria Sipher and Mrs. Renee Hamilton were performing CPR on the roadway near the intersection of State Road 85 and U.S. Highway 90. Mrs. Hamilton and Mrs. Sipher continued active CPR until first responders with further lifesaving equipment arrived. The two continued CPR until they could be relieved by Emergency Medical Personnel. The male victim regained a pulse and was conscious before leaving the scene with EMS. It is believed the quick actions of Mrs. Hamilton and Mrs. Sipher played a large and vital part in the recovery of the victim. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Quality of Life- these areas focus on the overall experience when provided by the city. Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT None RECOMMENDED ACTION Staff respectfully request City Council members join in celebrating the lifesaving efforts of these two individuals. Attachments 1. Life Saving Award Letter Victoria Sipher1 Page 5 of 299 2. Life Saving Award Renee Hamilton1 3. Life Saving Award Victoria Sipher1 4. Life Saving Award letter Renee Hamilton1 Page 6 of 299 Page 7 of 299 Page 8 of 299 Page 9 of 299 Page 10 of 299 CITY OF CRESTVIEW Item # 6.1. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Stephen McCosker, Police Chief DATE: 12/6/2023 SUBJECT: Vehicle Purchase BACKGROUND: The Crestview Police Department has historically participated in a vehicle leasing program with Enterprise Car Leasing, but recent and unanticipated union strikes within the auto-industry have created a market-wide shortage of vehicles that are available for the leasing program. These shortages especially impact the availability of vehicles that are necessary for patrol service within the city. As a result, it became necessary for the department to re-allocate funds originally intended for obtaining and up-fitting police vehicles, and reassign those funds towards the outright purchase of vehicles. Without the purchase, we would have a shortage of vehicles for officers, essentially leaving officers without assigned patrol vehicles. Funding remains available for previously approved administrative (non-patrol vehicles) leased vehicles. We believe it is now necessary for the department to obtain vehicles from other entities to maintain the minimum number of vehicles necessary to achieve police services within the city. It was impossible to know at the time of budgeting, the potential for a union strike, the circumstance and time of the strike, in addition to the financial impact upon the market and availability of vehicles that the strike would later create for consumers. Due to these unpredictable impacts, this has created an availability shortage, which also, by-proxy, created a budgetary shortage for obtaining vehicles that could not be predicted or prevented. DISCUSSION: Fourteen (14) vehicles have been located and are currently available through a State of Florida Sheriff Association contract. The total cost (including upfitting of $238,000) is approximately $805,712. The current year's adopted budget provides funding of $608,805. An approximate difference of $200,000. An additional $50,000 is requested for any unexpected additional expenditures. When working with the City of Crestvirew's Finance Department, it was determined that funding for the shortage is available from one or both of the following sources: 1. Prior year's residuals funds in the General fund 2. Residual half-cent sales tax revenues also in the General Fund As a strategy moving forward to avoid unforeseen market increases and resulting shortfalls, Staff will be proposing early approval and ordering of vehicles before budget adoption in future budget cycles. The Council will discuss this strategy during preliminary budget meetings in early 2024. GOALS & OBJECTIVES Page 11 of 299 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. 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 FINANCIAL IMPACT The financial impact on the current year's budget is a total of $855,712. The amount originally approved in the adopted budget was $608,805. The difference of approximately $250,000 is available in the General Fund 1/2 cent sales tax and/or the prior year residual funding. RECOMMENDED ACTION Staff respectfully requests a motion for approval to purchase the vehicles with up-fitting as provided, allowing for the use of 1/2 cent funds or General Fund prior year residuals for the $250,000 as required. Attachments 1. crestviewquote Page 12 of 299 QUOTE DATE AMOUNT TOTAL $565,712.00 Accepted by:_______________________________________Date:__________________________ Printed Name:_____________________________________ Title:___________________________ If delivery address is different than Buyer address listed above, please notate below: Delivery Address:__________________________________________________________________ 12/1/2023 14 (fourteen) 2023 Dodge Durango White V6 $557,312.00 $39808.00 each x 14 = Delivery Fee $8,400.00 $600.00 x 14 = 60 months/100,00 miles Anywhere in the US Optional Additional Coverage Available MASTER AGREEMENT MA 758 2300000803 QUOTE NUMBER 120716-18-1 DATE 12/1/2023 By signing this document I understand that I accept the terms and pricing found within. By signing this document I hereby represent and warrant that I am duly authorized to execute and enter into this Agreement on behalf of Buyer. SELLER Don Franklin CDJR 1147 S Hwy 27 Somerset Ky 42501 Sheena Mitchell BUYER Crestview Police Dept 201 Stillwell Blvd Crestview FL 32539 $100 Deductible $4311.00 per Unit Call Sheena for more Information 606-416-8698 Only Government Fleet Extended Warranty in the US Page 13 of 299 QUOTE Quote is valid for 30 days from the above quoted date. Page 14 of 299 CITY OF CRESTVIEW Item # 6.2. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Wayne Steele, Director of Operations, Kyle Lusk, Carlos Jones, Assistant Director DATE: 12/6/2023 SUBJECT: Lantern Ridge Upgrade - Lift Station 21 BACKGROUND: FY 2024 budget includes $500,000 in sewer budget to upgrade Lift Station #21 in order to handle the flows from the new Phase III Lantern Ridge Subdivision currently being constructed. DISCUSSION: Lantern Ridge, Phase III is a new subdivision that is currently in the development stages. It is located near Hwy 90 east and Palmetto Drive behind Lantern Ridge Phases I & II, both built between 1986 and 1993. In order to accommodate sewer service for the newly constructed Phase III homes, an upgrade must be completed to the current Lift Station that serves this area. The attached information shows a Sole Source Quote from Pump and Process. It is necessary due to the proprietary brand of pumps in use at Lift Station #21. KSB Submersible Pumps can only be purchased from Pump and Process as they are the local vendor for KSB, which will be compatible with current equipment. 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 Infrastructure- Satisfy current and future infrastructure needs 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 Opportunity- Promote an environment that encourages economic opportunity Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The upgrade of Lift Station #21 is a 2024 approved budget item at $500,000. The Sewer Division of Public Services has secured a Sole Source quote from Pump and Process in the amount of $404,536.99 for this upgrade. This can be found in the FY 2024 budget for the Sewer Division, account information-440-1735- 533.63-01. Page 15 of 299 RECOMMENDED ACTION Staff respectfully requests a motion be made to approve the purchase from Pump and Process for the items listed on the attached quote, in the amount of $404,536.99. Attachments 1. REQ 14521 Upgrade L St 21 Lant Rdg Page 16 of 299 Page 17 of 299 Page 18 of 299 Page 19 of 299 CITY OF CRESTVIEW Item # 6.3. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Wayne Steele, Director of Operations, Jayce Vanderford, Project Manager DATE: 12/6/2023 SUBJECT: Crestview Main Street Revitalization Contract Negotiation BACKGROUND: On October 12, 2023, the City of Crestview advertised the Crestview Main Street - Roadway Improvement 23- 11-15-PS project. The City Clerk received one sealed bid for constructing the City of Crestview Downtown Streetscape Renovation Project on November 15, 2023. The bid was opened in the public domain. This project will enhance the roadway, sidewalk, and streetscape along 6 blocks of Main Street, between US Hwy 90 and Industrial Drive providing new asphalt overlay, new signage, striping, lighting, bicycle parking and new pedestrian-friendly ADA compliant features with new benches. Additionally, a new parking lot will also be constructed between Woodruff Ave E and Industrial Drive. This addition will provide 91 new parking spaces. The project will also include the installation of on-street parking, widened sidewalks, crosswalks, ADA accessibility, landscaping, new LED street lighting and other beautification features. With this project, the City of Crestview is set to transform the downtown area into a more vibrant and aesthetically pleasing space for locals and visitors alike. DISCUSSION: On November 15, 2023, City staff received a single bid of $7,238,134.18 from Andalusia, Alabama based contractor, Bullard Excavation Inc. As the bid is higher than the city's budget, city staff is requesting to engage with Bullard Excavation to negotiate a contract that fits within the budget. The negotiations will include plan alterations and value engineering. 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 Page 20 of 299 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 total cost of the project is $7,238,134.18. The project will be funded by $2.5M from 1/2 cent sales tax and $1M from an FDOT state grant for a total of $3.5M, as included in the FY 2024 budget. Following negotiations and the development of a phasing strategy, staff will return to City Council for any proposed additional funding allocations. RECOMMENDED ACTION Staff respectfully requests a motion to engage with Bullard Excavation Inc for contract negotiation. Attachments 1. Bullard Bid Bond 2. Main Street Downtown Streetscape Bid Tab Sheet 3. Bullard Submittal Section One 4. Bullard Submittal Section Two Page 21 of 299 Page 22 of 299 Page 23 of 299 Page 24 of 299 Page 25 of 299 Page 26 of 299 Page 27 of 299 Page 28 of 299 Page 29 of 299 Page 30 of 299 Page 31 of 299 Page 32 of 299 Page 33 of 299 Page 34 of 299 Page 35 of 299 Page 36 of 299 Page 37 of 299 Page 38 of 299 Page 39 of 299 Page 40 of 299 Page 41 of 299 Page 42 of 299 Page 43 of 299 Page 44 of 299 Page 45 of 299 Page 46 of 299 Page 47 of 299 Page 48 of 299 Page 49 of 299 Page 50 of 299 Page 51 of 299 Page 52 of 299 Page 53 of 299 Page 54 of 299 Page 55 of 299 Page 56 of 299 Page 57 of 299 Page 58 of 299 Page 59 of 299 Page 60 of 299 Page 61 of 299 Page 62 of 299 Page 63 of 299 Page 64 of 299 Page 65 of 299 Page 66 of 299 Page 67 of 299 Page 68 of 299 Page 69 of 299 Page 70 of 299 Page 71 of 299 Page 72 of 299 Page 73 of 299 Page 74 of 299 Page 75 of 299 Page 76 of 299 Page 77 of 299 Page 78 of 299 Page 79 of 299 Page 80 of 299 Page 81 of 299 Page 82 of 299 Page 83 of 299 Page 84 of 299 Page 85 of 299 CITY OF CRESTVIEW Item # 6.4. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jayce Vanderford, Project Manager DATE: 12/6/2023 SUBJECT: DEP Agreement No. LPA0502- Crestview Benjamin St. Septic to Sewer BACKGROUND: On January 11, 2023, City staff sent a state appropriations request to state representatives for the Benjamin St. Septic to Sewer Project. The request was for $300,000 in grant match project funding. The project is located on Benjamin Street, which is a historic low-income area of the City of Crestview. Currently, about 12 homes and a church in this area are using septic tanks for sewer treatment. However, the surrounding area has access to sewer services, and this project will provide the necessary infrastructure to connect the Benjamin Street area to the city's sewer system. The project will help to reduce the environmental impact associated with septic tanks. The project will involve the construction and installation of approximately 1,700 linear feet of new sewer force main and sewer laterals. The sewer laterals will run from the central force main to each of the 13 properties along Benjamin Street and Bess Avenue. DISCUSSION: On November 15, 2023, the Florida Department of Environmental Protection issued DEP Agreement No. LPA0502 to be executed by the City of Crestview and the Florida Department of Environmental Protection. 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 86 of 299 Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The total project cost is $500,000, funded by a $300,000 grant from the Florida Department of Environmental Protection and the remaining costs from Sewer Capital Expenses Improvements/Other than buildings 440.1735.533.63.01 in the FY 2024 budget. RECOMMENDED ACTION Staff respectfully requests a motion to accept and execute grant agreement LPA0502 between the City of Crestview and the Department of Environmental Protection, allowing for the Mayor's signature. Attachments 1. LPA0502 - Crestview Benjamin St. Septic to Sewer - Ready for Signature Page 87 of 299 DEP Agreement No. Rev. /23 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Entity Type: Grantee Address: FEID: (Grantee) 3. Agreement Begin Date: Date of Expiration: 4. Project Number: (If different from Agreement Number) Project Location(s): Project Description: 5. Total Amount of Funding: Funding Source? Award #s or Line-Item Appropriations: Amount per Source(s): ܆ State ܆Federal $ ܆ State ܆Federal $ ܆ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 6. Department’s Grant Manager Grantee’s Grant Manager Name: Name: or successor or successor Address: Address: Phone: Phone: Email: Email: 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: ܆ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ܆ Attachment 2: Special Terms and Conditions ܆ Attachment 3: Grant Work Plan ܆ Attachment 4: Public Records Requirements ܆ Attachment 5: Special Audit Requirements ܆ Attachment 6: Program-Specific Requirements ܆ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with section 215.985, F.S. ܆ Attachment 8: Federal Regulations and Terms (Federal) ܆ Additional Attachments (if necessary): ܆ Exhibit A: Progress Report Form ܆ Exhibit B: Property Reporting Form ܆ Exhibit C: Payment Request Summary Form ܆ Exhibit D: Quality Assurance Requirements ܆ Exhibit E: Advance Payment Terms and Interest Earned Memo ܆ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 (State) ܆ Exhibit H: Non-Profit Organization Compensation Form (State) Crestview Benjamin St. Septic to Sewer LPA0502 Upon Execution Lat/Long: (30.7462, -86.5722) $ 300,000.00 ✔LP, GAA LI 1705A, FY 23-24, GR 300,000.00 Jayce Vanderford Florida Dept. of Environmental Protection 3900 Commonwealth Blvd. Tallahassee, FL 32399-3000 City of Crestview 198 Wilson Street North Crestview, FL 32536 850-245-2829 850-682-1560 ✔ ✔ ✔ ✔ ✔ ✔ ✔ 300,000.00 198 Wilson Street North, Crestview, FL 32356 katie.lewis@FloridaDEP.gov The Grantee will construct approximately 1,700 linear feet of a new sewer force main and sewer laterals extending from the central force main to 13 properties along Benjamin Street. November 30, 2025 Local Government 59-6000295 City of Crestview Katie Lewis jaycevanderford@cityofcrestview.org LPA0502 Page 88 of 299 DEP Agreement No. Rev. /23 ܆ Additional Exhibits (if necessary): 8. Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ܆ Yes ܆N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ܆ Additional signatures attached on separate page. 7KHIROORZLQJLQIRUPDWLRQDSSOLHVWR)HGHUDO*UDQWVRQO\DQGLVLGHQWLILHGLQDFFRUGDQFHZLWK&)5 D    -%:KLWWHQ0D\RU Angela Knecht, Director, Division of Water Restoration Assistance ✔ City of Crestview LPA0502 Page 89 of 299 ':5$Additional Signatures ______________________________________________ .DWLH/HZLV'(3*UDQW0DQDJHU _______________________________________________ Sandra Waters'(34&5HYLHZHU Page 90 of 299 Attachment 1 1 of 13 Rev. 7/12/2023 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee’s forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties’ Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties’ records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee’s match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Page 91 of 299 Attachment 1 2 of 13 Rev. 7/12/2023 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department’s remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. i. Acceptance Process. All deliverables must be received and accepted in writing by Department’s Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. ii. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee’s lack of satisfactory performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will be at Grantee’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department’s Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department’s termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department’s notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Page 92 of 299 Attachment 1 3 of 13 Rev. 7/12/2023 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department’s Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State’s the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor’s website, if Contractor maintains a website. g. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. h. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. i. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. j. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AA/Vendors/default.htm. Page 93 of 299 Attachment 1 4 of 13 Rev. 7/12/2023 k. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department’s Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager’s approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant’s Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee’s direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the Page 94 of 299 Attachment 1 5 of 13 Rev. 7/12/2023 terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee’s contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney’s fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department’s Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department’s notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. Page 95 of 299 Attachment 1 6 of 13 Rev. 7/12/2023 e. Insurance Trust. If the Grantee’s insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. i. Termination for Convenience. When it is in the State’s best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days’ written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. ii. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. iii. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. iv. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department’s discretion, Grantee shall provide a refund for services that have been paid for but not rendered. v. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; Page 96 of 299 Attachment 1 7 of 13 Rev. 7/12/2023 g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee’s business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days’ notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee’s breach of this Agreement or the negligent acts or omissions of Grantee. Page 97 of 299 Attachment 1 8 of 13 Rev. 7/12/2023 b. The Grantee’s obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee’s sole expense; and (3) assistance in defending the action at Grantee’s sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee’s prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee’s negligence, waive Department’s sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department’s liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department’s right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department’s right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; Page 98 of 299 Attachment 1 9 of 13 Rev. 7/12/2023 may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: i. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a “project funded by President Biden’s Bipartisan Page 99 of 299 Attachment 1 10 of 13 Rev. 7/12/2023 Infrastructure Law” or “project funded by President Biden’s Inflation Reduction Act” as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: https://www.epa.gov/invest/investing-america-signage. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. i. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. ii. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. iii. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department’s Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee’s integrity or responsibility. Such information may include, but shall not be limited to, Grantee’s business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/). 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. Page 100 of 299 Attachment 1 11 of 13 Rev. 7/12/2023 b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department’s Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. Page 101 of 299 Attachment 1 12 of 13 Rev. 7/12/2023 a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department’s secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department’s actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee’s employees, subcontractors, or agents access to meetings within the Department’s facilities, unless the basis of Department’s denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third- party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee’s Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Page 102 of 299 Attachment 1 13 of 13 Rev. 7/12/2023 Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Page 103 of 299 Attachment 2 1 of 3 Rev. 10/11/2022 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LPA0502 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Crestview Benjamin St. Septic to Sewer. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2023 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category տ ܆ Salaries/Wages Overhead/Indirect/General and Administrative Costs: տ տ a. Fringe Benefits, N/A. տ տ b. Indirect Costs, N/A. ܈ տ Contractual (Subcontractors) տտTravel, in accordance with Section 112, F.S. տտEquipment տտRental/Lease of Equipment տտMiscellaneous/Other Expenses տտLand Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Page 104 of 299 Attachment 2 2 of 3 Rev. 10/11/2022 Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee’s duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers’ Compensation and Employer’s Liability Coverage. The Grantee shall provide workers’ compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department’s Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. The Grantee will identify the expected return on investment for this project and provide this information to the Governor’s Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee’s project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us, and a copy shall also be submitted to the Department at legislativeaffairs@floridaDEP.gov. 14. Common Carrier. a. Applicable to contracts with a common carrier – firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section Page 105 of 299 Attachment 2 3 of 3 Rev. 10/11/2022 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier – Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. None Page 106 of 299 DEP Agreement No. LPA0502, Attachment 3, Page 1 of 2 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Crestview Benjamin St. Septic to Sewer PROJECT LOCATION: The Project will be located in the City of Crestview within Okaloosa County; Lat/Long (30.7462, -86.5722). See Figures 1 and 2 for a location map and site plan. PROJECT BACKGROUND: Benjamin Street (St.) is in an historic low-income sector of the City of Crestview (Grantee) where approximately 12 homes and a church are currently serviced with septic tanks for sewer treatment. Sewer is available in the surrounding Project area and this Project will provide the necessary infrastructure to connect to the Grantee’s sewer system. This Project will help to reduce the environmental impact associated with septic tanks. PROJECT DESCRIPTION: The Grantee will construct and install approximately 1,700 linear feet of new sewer forcemain and sewer laterals. The sewer laterals will extend from the central forcemain to each of the 13 properties along Benjamin Street and Bess Avenue. The sewer laterals will be installed on the same side of the existing buildings as the septic tanks for ease of future connections. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task #1: Construction Deliverables: The Grantee will construct the Crestview Benjamin St. Septic to Sewer forcemain in accordance with the construction contract documents. The Grantee will submit through the Department’s GIS web-interface data collection tool, parcel-level data identifying collection system extensions, lift stations, any parcels connected to sewer, and the parcels where sewer has been made available for connection but not yet connected along with associated grant information. Documentation: The Grantee will submit: 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee’s Certification of Payment Request; and 3) a signed Engineer’s Certification of Payment Request. For the final documentation, the Grantee will also submit: For the final documentation, the Grantee will also submit: 4) An email from the Department’s GIS web- interface data collection tool, confirming that data for the project has been submitted. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Page 107 of 299 DEP Agreement No. LPA0502, Attachment 3, Page 2 of 2 PROJECT TIMELINE & BUDGET DETAIL:The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No.Task Title Budget Category Grant Amount Task Start Date Task End Date 1 Construction Contractual Services $300,000 07/01/2023 05/31/2025 Total: $300,000 Figure 1. Location Map Page 108 of 299 Attachment 4 1of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term “contract” means the “Agreement.” If Grantee is a “contractor” as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department’s custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f.IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email:public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Page 109 of 299 Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.gov/content/assistance-listings. Page 110 of 299 Attachment 5 2 of 6 BGS-DEP 55-215 revised 11/8/2022 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Page 111 of 299 Attachment 5 3 of 6 BGS-DEP 55-215 revised 11/8/2022 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Auditor General’s Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Page 112 of 299 Attachment 5 4 of 6 BGS-DEP 55-215 revised 11/8/2022 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Page 113 of 299 At t a c h m e n t 5 , E x h i b i t 1 5 o f 6 BG S - D E P 5 5 - 2 1 5 Re v i s e d 7 / 2 0 1 9 EX H I B I T – 1 FU N D S A W A R D E D T O T H E R E C I P I E N T P U R S U A N T T O T H I S A G R E E M E N T C O N S I S T O F T H E F O L L O W I N G : No t e : I f t h e r e s o u r c e s a w a r d e d t o t h e r e c i p i e n t r e p r e s e n t m o r e t h a n o n e f e d e r a l p r o g r a m , p r o v i d e t h e s a m e i n f o r m a t i o n s h o w n b e l ow f o r e a c h f e d e r a l p r o g r a m an d s h o w t o t a l f e d e r a l r e s o u r c e s a w a r d e d Fe d e r a l R e s o u r c e s A w a r d e d t o t h e Re c i p i e n t P u r s u a n t t o t h i s A gre e m e n t C o n s i s t o f t h e F o l l o w i n g: Fe d e r a l Pr o g r a m A Fe d e r a l A gen c y CF D A Nu m b e r CF D A T i t l e Fu n d i n g A m o u n t St a t e Ap p r o p r i a t i o n Ca t e gor y $ Fe d e r a l Pr o g r a m B Fe d e r a l A gen c y CF D A Nu m b e r CF D A T i t l e Fu n d i n g A m o u n t St a t e Ap p r o p r i a t i o n Ca t e gor y $ No t e : O f t h e r e s o u r c e s a w a r d e d t o t h e r e c i p i e n t r e p r e s e n t m o r e t h a n o n e f e d e r a l p r o g r a m , l i s t a p p l i c a b l e c o m p l i a n c e r e q u i r e m e n t s f o r e a c h f e d e r a l p r o g r a m i n th e s a m e m a n n e r a s s h o w n b e l o w : Fe d e r a l Pr o g r a m A Fi r s t C o m p l i a n c e r e q u i r e m e n t : i. e . : ( w h a t s e r v i c e s o f p u r p o s e s re s o u r c e s m u s t b e u s e d f o r ) S e c o n d C o m p l i a n c e r e q u i r e m e n t : i. e . : ( e l i g i b i l i t y r e q u i r e m e n t f or r e c i p i e n t s o f t h e r e s o u r c e s ) E t c . E t c . Fe d e r a l Pr o g r a m B Fi r s t C o m p l i a n c e r e q u i r e m e n t : i. e . : ( w h a t s e r v i c e s o f p u r p o s e s re s o u r c e s m u s t b e u s e d f o r ) S e c o n d C o m p l i a n c e r e q u i r e m e n t : i. e . : ( e l i g i b i l i t y r e q u i r e m e n t f o r re c i p i e n t s o f t h e r e s o u r c e s ) E t c . E t c . Page 114 of 299 At t a c h m e n t 5 , E x h i b i t 1 6 o f 6 BG S - D E P 5 5 - 2 1 5 Re v i s e d 7 / 2 0 1 9 No t e : I f t h e r e s o u r c e s a w a r d e d t o t h e r e c i p i e n t f o r m a t c h i n g r e p r e s e n t m o r e t h a n o n e f e d e r a l p r o g r a m , p r o v i d e t h e s a m e i n f o r m a t io n s h o w n b e l o w f o r e a c h fe d e r a l p r o g r a m a n d s h o w t o t a l s t a t e r e s o u r c e s a w a r d e d f o r m a t c h i n g . St a t e R e s o u r c e s A w a r d e d t o t h e R e c i p i e n t P u r s u a n t t o t h i s A gre e m e n t C o n s i s t o f t h e F o l l o w i n g M a t c h i n g R e s o u r c e s f o r F e d e r a l P r o gra m s : Fe d e r a l Pr o g r a m A Fe d e r a l A gen c y CF D A CF D A T i t l e Fu n d i n g A m o u n t St a t e Ap p r o p r i a t i o n Ca t e gor y Fe d e r a l Pr o g r a m B Fe d e r a l A gen c y CF D A CF D A T i t l e Fu n d i n g A m o u n t St a t e Ap p r o p r i a t i o n Ca t e gor y No t e : I f t h e r e s o u r c e s a w a r d e d t o t h e r e c i p i e n t r e p r e s e n t m o r e t h a n o n e s t a t e p r o j e c t , p r o v i d e t h e s a m e i n f o r m a t i o n s h o w n b e l o w f o r e a c h s t a t e p r o j e c t a n d s h o w to t a l s t a t e f i n a n c i a l a s s i s t a n c e a w a r d e d t h a t i s s u b j e c t t o s e c t i o n 2 1 5 . 9 7 , F . S . St a t e R e s o u r c e s A w a r d e d t o t h e R e c i p i e n t P u r s u a n t t o t h i s A gre e m e n t C o n s i s t o f t h e F o l l o w i n g R e s o u r c e s S u b jec t t o S e c t i o n 2 1 5 . 9 7 , F . S . : St a t e Pr o g r a m A St a t e A w a r d i n g A gen c y St a t e Fi s c a l Y e a r 1 CS F A Nu m b e r CS F A T i t l e or Fu n d i n g S o u r c e D e s c r i p t i o n Fu n d i n g A m o u n t St a t e Ap p r o p r i a t i o n Ca t e gor y Or i g i n a l Agre e m e n t De p a r t m e n t o f En v i r o n m e n t a l P r o t e c t i o n 20 2 3 - 2 0 2 4 3 7 . 0 3 9 St a t e w i d e W a t e r Q u a l i t y R e s t o r a t i o n Pr o jec t s - L I 1 7 0 5 A $3 0 0 , 0 0 0 1 4 0 0 4 7 St a t e Pr o g r a m B St a t e A w a r d i n g A gen c y St a t e Fi s c a l Y e a r 2 CS F A Nu m b e r CS F A T i t l e or Fu n d i n g S o u r c e D e s c r i p t i o n Fu n d i n g A m o u n t St a t e Ap p r o p r i a t i o n Ca t e gor y To t a l A w a r d $ 3 0 0 , 0 0 0 No t e : L i s t a p p l i c a b l e c o m p l i a n c e r e q u i r e m e n t i n t h e s a m e m a n n e r a s i l l u s t r a t e d a b o v e f o r f e d e r a l r e s o u r c e s . F o r m a t c h i n g r e s o u r ce s p r o v i d e d b y t h e D e p a r t m e n t fo r D E P f o r f e d e r a l p r o g r a m s , t h e r e q u i r e m e n t s m i g h t b e s i m i l a r to t h e r e q u i r e m e n t s f o r t h e a p p l i c a b l e f e d e r a l p r o g r a m s . A l s o , to t h e e x t e n t t h a t d i f f e r e n t re q u i r e m e n t s p e r t a i n t o d i f f e r e n t a m o u n t f o r t h e n o n - f e d e r a l r e s o u r c e s , t h e r e m a y b e m o r e t h a n o n e g r o u p i n g ( i . e . 1 , 2 , 3 , e t c . ) l i s t e d u n d e r t h i s c a t e g o r y . Fo r e a c h p r o g r a m i d e n t i f i e d ab o v e , t h e r e c i p i e n t s h a l l c o m p l y w i t h t h e p r o g r a m r e q u i r e m e n t s de s c r i b e d i n t h e C a t a l o g o f F e d e r a l D o m e s t i c A s s i s t a n c e ( C F D A ) [ht t p s : / / s a m . g o v / c o n t e n t / a s s i s t a n c e - l i s t i n g s ] a n d / o r t h e F l o r i d a C a t a l o g o f S t a t e F i n a n c i a l A s s i s t a n c e ( C S F A ) [ ht t p s : / / a p p s . f l d f s . c o m / f s a a / s e a r c h C a t a l o g . a s p x ], a n d St a t e P r o j e c t s C o m p l i a n c e S u p p l e m e n t ( P a r t F o ur : S t a t e P r o j e c t s C o m p l i a n c e S u p p l e m e n t [ ht t p s : / / a p p s . f l d f s . c o m / f s a a / s t a t e _ p r o j e c t _ c o m p l i a n c e . a s p x ]. T h e se r v i c e s / p u r p o s e s f o r w h i c h t h e f u n d s a r e t o b e u s e d a r e i n c l u d e d i n t h e A g r e e m e n t ’ s G r a n t W o r k Pl a n . A n y m a t c h r e q u i r e d b y t h e R e c i p i e n t i s c l e a r l y i n d i c a t e d in t h e A g r e e m e n t . 1 S u b j e c t t o c h a n g e b y C h a n g e O r d e r . 2 S u b j e c t t o c h a n g e b y C h a n g e O r d e r . Page 115 of 299 Exhibit A, Page 1 of 1 % STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form DEP Agreement No.: LPA0502 Project Title: Crestview Benjamin Street Septic to Sewer Grantee Name: City of Crestview Grantee’s Grant Manager: Katie Lewis Reporting Period: Select Quarter - Select Year Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period, provide an update on the estimated completion date for each task, and identify any anticipated delays or problems encountered. Use the format provided below and use as many pages as necessary to cover all tasks. Each quarterly progress report is due no later than twenty (20) days following the completion of the quarterly reporting period. Task 1: Construction ƒ Progress for this reporting period: ƒ Identify delays or problems encountered: Completion Status for Tasks: Indicate the completion status for the following tasks, if included in the Grant Work Plan. For construction, the estimated completion percentage should represent the work being funded under this Agreement. Construction (Estimated): . This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee’s Grant Manager Date (Original Ink or Digital Timestamp) Page 116 of 299 Exhibit C, Page 1 of 1 Rev. 12/02/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https://floridadep.gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. Page 117 of 299 CITY OF CRESTVIEW Item # 6.5. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Carlos Jones, Assistant Director DATE: 12/6/2023 SUBJECT: Foxwood Low Pressure Sewer System Award of Contract BACKGROUND: 2021-02 was the Task Order assigned to Jacobs Engineering to complete the design and bid for a new low pressure sewer system force main throughout the Foxwood Estates Neighborhood. The contractor shall provide and install the new sewer system in accordance with the plans and specifications and shall include all materials and labor to provide a fully functioning and reliable wastewater conveyance system. DISCUSSION: Bids were opened on Thursday, November 16th by the City Clerk in the Council's Chamber. The city received three bids submitted by Constantine Constructors, Talcon Group, and Utility Service Company for construction of the Foxwood Estates Low Pressure Sewer System. The apparent low, responsive, responsible bidder is Constantine Constructors in the amount of $1,159,292.00 However, within the bid tabulation there were observed discrepancies between Constantine Constructors' Unit Costs and the extended base bid totals. This discrepancy was found to result in a variance of $3,098 between the listed and calculated total base bid price. The correct total base bid was calculated to be $1,156,194.00 (see attachments). 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 Infrastructure- Satisfy current and future infrastructure needs Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The bid total from Constantine Constructors is one million, one hundred fifty-six thousand, one hundred ninety- four dollars and no cents - $1,156,194.00. This item is already budgeted in the 2024 FY Sewer Account (440- 1735-533.63-01). The bid total falls within the budgeted amount, which is one million, nine hundred ninety- eight thousand, seven hundred twenty dollars and no cents - $1,998,720. (See attached bid information) RECOMMENDED ACTION Page 118 of 299 Staff respectfully requests the approval of the Constantine Constructors bid of $1,156,194.00 for the Foxwood Low Pressure Sewer System project and allow the City Manager and Public Service Director to negotiate a price with the contractor to install the service connections. Attachments 1. Constantine Constructors Bid Submittal 2. Foxwood LPS_Bid Tab Page 119 of 299 Page 120 of 299 Page 121 of 299 Page 122 of 299 Page 123 of 299 Page 124 of 299 Page 125 of 299 Page 126 of 299 Page 127 of 299 Page 128 of 299 Page 129 of 299 Page 130 of 299 Page 131 of 299 Page 132 of 299 Page 133 of 299 Page 134 of 299 Page 135 of 299 Page 136 of 299 Page 137 of 299 Page 138 of 299 Page 139 of 299 Page 140 of 299 Page 141 of 299 Page 142 of 299 Page 143 of 299 Page 144 of 299 Page 145 of 299 Page 146 of 299 City of Crestview Foxwood Estates Low Pressure Sewer Force Main Bid No. 23-11-16 Bid Tabulation Unit Cost Item Cost Unit Cost Item Cost Unit Cost Item Cost 1 Mobilization/Demobilization 1 LS 12,118.00$ 12,118.00$ 100,000.00$ 100,000.00$ 8,548.36$ 8,548.36$ 2 General Conditions 1 LS 71,033.00$ 71,033.00$ 100,000.00$ 100,000.00$ 39,462.57$ 39,462.57$ 3 4-Inch Low Pressure Sewer 4500 LF 61.00$ 274,500.00$ 58.00$ 261,000.00$ 21.30$ 95,850.00$ 4 3-Inch Low Pressure Sewer 2000 LF 43.00$ 86,000.00$ 56.00$ 112,000.00$ 16.76$ 33,520.00$ 5 2-Inch Low Pressure Sewer 12000 LF 33.00$ 396,000.00$ 39.00$ 468,000.00$ 12.45$ 149,400.00$ 6 Flushing Connection (Manhole)1 EA 3,888.00$ 3,888.00$ 10,000.00$ 10,000.00$ 5,198.34$ 5,198.34$ 7 Flushing Connection (Box)32 EA 867.00$ 27,744.00$ 4,500.00$ 144,000.00$ 1,678.42$ 53,709.44$ 8 4-inch Isolation Valves 10 EA 1,421.00$ 14,210.00$ 3,000.00$ 30,000.00$ 1,181.99$ 11,819.90$ 9 3-inch Isolation Valves 8 EA 1,297.00$ 10,376.00$ 2,500.00$ 20,000.00$ 1,065.31$ 8,522.48$ 10 2-inch Isolation Valves 29 EA 1,130.00$ 32,770.00$ 2,000.00$ 58,000.00$ 741.00$ 21,489.00$ 11 Service Connections 144 EA 499.00$ 71,856.00$ 2,900.00$ 417,600.00$ 1,291.18$ 185,929.92$ 12 Air/Vacuum Valve Assembly 8 EA 3,183.00$ 25,464.00$ 12,000.00$ 96,000.00$ 4,813.03$ 38,504.24$ 13 Erosion Control 1 LS 1,209.00$ 1,209.00$ 50,000.00$ 50,000.00$ 28,421.02$ 28,421.02$ 14 Road and Driveway Repair 1 LS 15,964.00$ 15,964.00$ 40,000.00$ 40,000.00$ 171,754.95$ 171,754.95$ 15 Site Restoration 1 LS 13,062.00$ 13,062.00$ 50,000.00$ 50,000.00$ 261,722.09$ 261,722.09$ 16 Owner Allowance 1 LS 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ Total base bid 1,156,194.00$ 2,056,600.00$ 1,213,852.31$ Jacobs hereby certifies this to be a true and correct tabulation of the bids for the above-named project. 11/20/2023 W. Seth Tatman, PE Date Constantine Constructors Item Description Estimated Quantity Unit Talcon Group Utility Services Company Page 147 of 299 CITY OF CRESTVIEW Item # 6.6. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Wayne Steele, Director of Operations, Carlos Jones, Assistant Director DATE: 12/6/2023 SUBJECT: Rehab for Lift Station #6 of Control Panel BACKGROUND: 2024 FY Sewer budget includes funds for reconditioning of Lift Station #6. Attached is a quote comparison form with supporting documentation to show that three quotes were received, and Pump and Process was the company with the lowest quote. The budgeted amount for FY 2024 for this renovation is $160,000. DISCUSSION: Sanitary sewer lift stations are an essential part of the overall city sewer system, uninterrupted and continuous operation is paramount to avoid sanitary sewer overflows. Therefore, periodically, lift stations are inspected and recommendations are made for necessary maintenance to be completed to keep all lift stations in proper working condition. The renovation of this lift station's control panel is necessary maintenance and to ensure unnecessary disruption of safe and continuous operation. For this renovation, we need approval to utilize the three quotes system in order to expedite the process. The current Purchasing Manual states that any items in excess of $100,000 must go out for bids; however, due to the timeliness of this renovation, we are asking for approval using the 3 quotes system. 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 Infrastructure- Satisfy current and future infrastructure needs 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 Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT As previously stated, this money was apportioned for FY 2024 Sewer budget at $160,000. Pump and Process provided the most economical quote at a total of $130,130.26. The account number for the Sewer Division for this purchase is 440-1735-533.63-01 (Capital Expenses). Page 148 of 299 RECOMMENDED ACTION Staff respectfully requests a motion be made to approve this purchase from Pump & Process in the amount of $130,130.26. Also requested, in order to expedite the process, is to waive the current purchasing procedure of having a formal request for proposal. Attachments 1. REQ 14524 Rehab Control Panel - Sewer 11.27.23 Page 149 of 299 Page 150 of 299 Page 151 of 299 Page 152 of 299 Page 153 of 299 Page 154 of 299 Page 155 of 299 Page 156 of 299 Page 157 of 299 CITY OF CRESTVIEW Item # 6.7. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Wayne Steele, Director of Operations, Jayce Vanderford, Project Manager DATE: 12/7/2023 SUBJECT: Vineyard Village Site Improvements Bid Selection BACKGROUND: Vineyard Village is a public-private partnership development to be constructed on City-owned property in an effort to provide affordable housing. Task order 2022-02 was assigned to Alday-Howell Engineering to provide professional engineering and consulting services for the design and permitting of Vineyard Village Apartments, located between W. Bowers Avenue and W. Field Avenue. On November 1, 2023, the City of Crestview advertised the Vineyard Village Site Improvements Project 23-12-06-PS. This project will include approximately 230 tons of asphalt pavement, 2,053 square yards of base, and 1,661 LF of pipe (water/sewer/storm), 8 mitered end sections, 2 manholes, 28 water services, 786 LF of curb, and 8 inlets. This site work development project is the first phase of the overall Vineyard Village Affordable Housing project, which will provide up to 28 units containing one and two-bedroom residential apartments that will be leased at or below 80% of the Fair Market Rate. DISCUSSION: On December 6, 2023, the City Clerk publicly opened two sealed bids in the Council's Chamber. The bids were submitted by Shepheard Development, LLC and James David Site Prep & Underground, LLC. The apparent low, and responsive bidder is James David Site Prep & Underground, LLC. The lowest bid received was in the amount of $686,474.50. 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 Page 158 of 299 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 bid total submitted by James David Site Prep & Underground, LLC is six hundred and eighty-six thousand, four hundred and seventy-four dollars, and fifty cents, $686,474.50. This project is included in the 2024 FY Building G&A Account (001-0311-511-62-00) budget. The bid total is well within the budgeted amount of seven hundred and fifty thousand dollars and no cents, $750,000, and in addition, the City received a reimbursable state grant of up to $750,000 from the Florida Department of Commerce. RECOMMENDED ACTION Staff respectfully requests a motion to select James David Site Prep & Underground, LLC's bid of $686,474.50 for the Vineyard Village Site Improvements project and give the City Manager authority to proceed with contract negotiation. Attachments 1. Bid Opening Sign In sheet 12062023 2. Vineyard Village Bid Tab Sheet 3. Bid documents_Vineyard Village_James David Site Prep 4. Vineyard Village _Shepheard Development Oringinal Bid Docs_12062023 Page 159 of 299 Page 160 of 299 Page 161 of 299 Page 162 of 299 Page 163 of 299 Page 164 of 299 Page 165 of 299 Page 166 of 299 Page 167 of 299 Page 168 of 299 Page 169 of 299 Page 170 of 299 Page 171 of 299 Page 172 of 299 Page 173 of 299 Page 174 of 299 Page 175 of 299 Page 176 of 299 Page 177 of 299 Page 178 of 299 CITY OF CRESTVIEW Item # 6.8. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 11/20/2023 SUBJECT: Approval of City Council Regular Meeting Minutes of November 13, 2023 BACKGROUND: This is a routine approval of the minutes. DISCUSSION: The draft minutes were distributed to the Council 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 Motion to approve the City Council regular meeting minutes of November 13, 2023. Page 179 of 299 Attachments 1. 11132023 City Council Regular Meeting Minutes Draft Page 180 of 299 City Council Minutes - DRAFT November 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, Joe Blocker, and Ryan Bullard. Also present: City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney Jonathan Holloway, and various staff members. 2. Invocation, Pledge of Allegiance 2.1. Mr. Felton Barnes of Gideon International The Invocation and Pledge of Allegiance was led by Mr. Felton Barnes. 3. Open Policy Making and Legislative Session Mayor JB Whitten announced a quorum was present. 4. Approve Agenda Mayor JB Whitten called for action. Motion by Councilmember Joe Blocker and seconded by Councilmember Cynthia Brown to approve the agenda, as presented. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 5. Presentations and Reports 5.1. Recognition of Deputy Valentine Councilmember Doug Capps recognized Deputy Valentine for his lifesaving rescue of a young child that was attacked by a dangerous dog. Mr. Jon Holloway added that Mr. Valentine saved the mother and child's life. 6. Consent Agenda Mayor JB Whitten requested that Item 6.2 be removed and then called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Cynthia Brown to approve the Consent Agenda, as amended. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 6.1. Continuing Services Contracts Renewal 6.3. DEP Agreement No. (LPA0503- Crestview Septic to Sewer Conversion of Failing Septic Tanks) - Foxwood Estates 6.4 Approval of City Council Regular Meeting Minutes of October 23, 2023 Page 181 of 299 2 | Page 7. Public Hearings / Ordinances on Second Reading – No item brought forward. 8. Ordinances on First Reading 8.1. Ordinance 1953 Lee Avenue Comprehensive Plan Amendment CDS Planning Administrator Nicholas Schwendt presented Ordinance 1953, Lee Avenue Comprehensive Plan Amendment to the City Council stating this is the first reading for the comprehensive plan and zoning designations amendment. He went over the current zoning explaining an application was received for a lot-split. He went over the courtesy notices and advertisements. CDS Planning Administrator Nicholas Schwendt then asked the City Clerk to read Ordinance 1953 by title. City Clerk Maryanne Schrader read Ordinance 1953 aloud: An Ordinance of the City of Crestview, Florida, Amending Its Adopted Comprehensive Plan; Providing For Authority; Providing For Findings of Fact; Providing For Purpose; Providing For Changing the Future Land Use Designation From Residential (R) to Mixed-Use (Mu) On Approximately 0.40 Acres, More Or Less, In Section 21, Township 3 North, Range 23 West; Providing For Future Land Use Map Amendment; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council. In response to Councilmember J. Blocker about the clearance, CDS Planning Administrator Nicholas Schwendt stated they looked at the setback requirements, as well as density. Mayor JB Whitten called for comment from the public. In hearing none, he called for action. Motion was made by Councilmember Doug Capps and seconded by Councilmember Joe Blocker to approve Ordinance 1953 on 1st reading and move to second reading for final adoption. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 8.2. Ordinance 1954 Lee Avenue Rezoning CDS Planning Administrator Nicholas Schwendt presented Ordinance 1954, Lee Avenue Rezoning, to the City Council explaining the rezoning requirements and asked the City Clerk to read Ordinance 1954 by title. City Clerk Maryanne Schrader read the Ordinance 1954 aloud: An Ordinance of the City of Crestview, Florida, Providing For the Rezoning of 0.40 Acres, More or Less, Page 182 of 299 3 | Page of Real Property, Located In Section 21, Township 3 North, Range 23 West, Front the Single and Multi-Family Density Dwelling District (R-3) Zoning District to the Mixed-Use (MU) Zoning District; Providing For Authority; Providing For the Updating of the Crestview Zoning Map; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council and from the public. In hearing none, he called for action. Motion was made by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Cynthia Brown to approve Ordinance 1954 on 1st reading and move to second reading for final adoption. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 8.3. Ordinance 1955 North Avenue East Comprehensive Plan Amendment CDS Planning Administrator N. Schwendt presented Ordinance 1955 to the City Council. He explained that the applicant asked for a PUD amendment, as well as mixed use. He mentioned a development application has been received, and the project will contain 94 units. The current zoning designations do not provide for the density requested. The developer has entered into an agreement with Eglin AFB to provide housing for the military. City Manager T. Bolduc explained this is a project that the city and Eglin AFB have been working together to assist with the initiative to provide affordable housing for the military. This initiative will assist in holding inflation in the rental market. This housing project will only accept BAH allowances provided to military members. CDS Planning Administrator Nicholas Schwendt went over the required courtesy notices and advertisements. He then asked the City Clerk to read Ordinance 1955 by title. City Clerk Maryanne Schrader read the Ordinance 1955 aloud: An Ordinance of the City of Crestview, Florida, Amending Its Adopted Comprehensive Plan; Providing For Authority; Providing For Findings of Fact; Providing For Purpose; Providing For Changing the Future Land Use Designation From Public Lands (PL) to Mixed-Use (MU) on Approximately 5.45 Acres, More Or Less, In Section 7, Township 3 North, Range 23 West; Providing For Future Land Use Map Amendment; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing for an Effective Date. Mayor JB Whitten called for comment from the Council. Discussion ensued on the traffic around the playgrounds, ingress/egress, and the county initiative. Page 183 of 299 4 | Page Mayor JB Whitten called for comment from the audience. Anita Austin voiced concern regarding the traffic and the aging utilities in the area. She also wanted to see the signed agreement with the government. She inquired on what rank the BAH rates are based on. She mentioned the school depot is down the road and voiced concern about the water runoff. She asked that that the City Council reconsider the project. City Manager T. Bolduc said the utilities will be constructed by the developer. The signed agreement is in place between the developer and Eglin AFB with input from Representative Matt Gaetz. The engineering and design teams reviewed the project, and permits will be required from EPA for stormwater. The city will also review the traffic mitigation. Maria Thomas also voiced concern about the traffic impact stating she drives to the base and mentioned adding more vehicles to the congestion. She stated that the BAH the military receives provides adequate funds to pay for rent currently. She voiced concern about the impact of more children in the school. Mayor JB Whitten stated the agreement will be made available. City Manager T. Bolduc responded that the BAH will be specific to the rank of the servicemember. He added the BAH does create an imbalance in the rental market, so this solution will take them out of the market. The housing will be offered to the service member first. Discussion ensued regarding the influx of people to the area, the need for adequate housing, and traffic. Motion was made by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Cynthia Brown to approve Ordinance 1955 on 1st reading and move to second reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps. Nays: Ryan Bullard. Ayes: 4; Nays:1. Motion carried. 8.4. Ordinance 1956 North Avenue East Rezoning CDS Planning Administrator Nicholas Schwendt presented Ordinance 1956, North Avenue East Rezoning, to the City Council stating the PUD has been requested. Courtesy notices and advertisements are the same as with the previous ordinance. He then asked the City Clerk to read Ordinance 1956 by title. City Clerk Maryanne Schrader read the Ordinance 1956 aloud: An Ordinance of the City of Crestview, Florida, Providing For the Rezoning of 5.45 Acres, More or Less, of Real Property, Located In Section 7, Township 3 North, Range 23 West, From the Public Lands (Pl) Zoning District to the Planned Unit Development (PUD) Zoning District; Providing For Authority; Providing For the Updating of the Crestview Zoning Map; Providing For Severability; Providing For Scrivener’s Errors; Page 184 of 299 5 | Page Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council. Councilmember R. Bullard mentioned he does not support the project. Mayor JB Whitten called for comment from the public and in hearing none, he called for action. Regarding a Point of Order from Councilmember R. Bullard as a member of the public wanted to comment further, City Manager T. Bolduc explained that the second reading will provide a Public Hearing portion to take comment on the project. Motion was made by Councilmember Andrew Rencich and seconded by Councilmember Doug Capps to approve Ordinance 1956 on 1st reading and move to second reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps. Nays: Ryan Bullard. Ayes: 4; Nays:1. Motion carried. 8.5. Ordinance 1957 - Comprehensive Fee Amendment CDS Planning Administrator Nicholas Schwendt presented Ordinance 1957, Comprehensive Fee Schedule to the City Council stating there were minor adjustments needed to correct text errors and provide for general improvements. He then asked the City Clerk to read Ordinance 1957 by title. City Clerk Maryanne Schrader read the Ordinance 1957 aloud: An Ordinance of the City of Crestview, Florida, Providing For an Update to the Comprehensive Fee Schedule; Providing For Authority; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council. In response to Mayor Pro-Tem A. Rencich question on tree mitigation, City Manager T. Bolduc replied the tree portion is part of the completed development. CDS Planning Administrator Nicholas Schwendt explained that only a protected tree was included but this amendment will expand to any required tree. Mayor JB Whitten called for comment from the public and in hearing none, he called for action. Motion was made by Councilmember Ryan Bullard and seconded by Councilmember Doug Capps to approve Ordinance 1957 on first reading and move to second reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps; Ryan Bullard. All ayes. Motion carried. Page 185 of 299 6 | Page 9. Resolutions No item brought forward. 10. Action Items 10.1. Safe Haven Baby Box Discussion Councilmember C. Brown stated she has asked the staff to research a Baby Box resolution. She said this is a humanitarian project and this could provide a safe solution for people with a financial burden. Discussion ensued on statistics about where babies were abandoned, and Mayor JB Whitten provided an example of a firefighter who adopted a baby that was left in a Baby Box at his location. Mr. Michael Reed came forward to explain that he had seen a baby dropped off in a box while serving in Afghanistan. He went over statistics on abandoned babies, as well as aborted babies. City Manager T. Bolduc asked for direction from the Council to support the initiative. He mentioned that there is $7,500.00 available from Councilmember Brown's discretionary fund to contribute to any initial costs. He also provided another option of adding it to the construction for Firehouse 1. We can also look for grant funding. There will be no negative impact on the city, as our firehouses are staffed 24/7 adding this is a humanitarian initiative. Discussion ensued on fund raising efforts, anonymity of the mother, the cost of the Baby Box, whether the initiative should be delayed until construction is started and the value of the lifesaving potential, as well as the potential support from local businesses. Mayor JB Whitten responded that the State already has a law in place for a person to give a child up. He added there will be no cameras in the area. The alarm sounds when a baby is left in the box. He added the identity of the mother is protected. City Manager T. Bolduc said if we can fundraise it, we will proceed, otherwise it will come back to Council. Motion by Councilmember Cynthia Brown and seconded by Councilmember Ryan Bullard directing staff to approve staff’s recommendation to move forward with the fundraising initiative. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 10.2. Eden Lake Subdivision Preliminary Plat CDS Planning Administrator Nicholas Schwendt said the application has been received for the location near Victory Lane. The subdivision proposes 187 lots on 47.4 acres. This results in a gross density of approximately 3.93 units per acre, which Page 186 of 299 7 | Page is allowable per the applicable zoning and future land use requirements. If there are any changes that affect the layout or scope, it will come back to the Council for review. He added the Planning and Development Board has recommended approval of the plat. Mayor JB Whitten called for action. Motion by Councilmember Doug Capps and seconded by Mayor Pro-Tem Andrew Rencich to approve the Eden Lake Subdivision Preliminary Plat. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 10.3. Eagle View Subdivision Preliminary Plat and MOU CDS Planning Administrator Nicholas Schwendt said he does not expect any change to the scope. The subdivision proposes 194 lots on 186.4 acres. The density is allowable for the zoning requirements, and the Memorandum of Understanding provides for the funding to be held in escrow. Mayor JB Whitten called for action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker to approve the Eagle View Subdivision Preliminary Plat and to approve the Memorandum of Understanding to forward to the Mayor and City Clerk for signature. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 11. City Clerk Report 11.1. Monthly Update City Clerk Maryanne Schrader mentioned detailed information is in the staff report. She announced that Deputy City Clerk Natasha Peacock completed the second year of training for the Certified Municipal Clerk certification and is anticipated to complete the final segment in October of next year. 11.2. Citizen of the Year nominations are due by December 1, 2023. City Clerk Maryanne Schrader stated nominations for the City of the Year are due by December 1st. The link to the nomination page is on our website. She asked that the Council submit a name to be on the Nominating Committee before December 1st, as well. 12. City Manager Report 12.1. Presentation by the Fire Department City Manager T. Bolduc asked Fire Chief Anthony Holland to come forward and provide an update. Page 187 of 299 8 | Page Fire Chief Anthony Holland provided a comparison of calls between 2022 and this year to date including a breakdown between the stations. He also went over the fire calls, the statistics for each of the three stations on EMS and motor vehicle accidents. He mentioned that all of the stations are a “Safe Haven,” adding he supports the Baby Box initiative. He updated the Council on the hurricane recovery efforts for those deployed to assist other communities. He went over the mutual aid calls to the local area, explained the advanced training opportunities that are provided to the firefighters, as well as the use of the Training Tower facility. He said six of our firefighters participated in the Tunnel to Towers Foundation 9/11 stair climbing competition. He announced the visits they had with the local schools during Fire Prevention Month. City Manager T. Bolduc added they are working on recruitment with Strategic Planning. This weekend we will have physical agility testing and have 36 applicants. He added staff is doing a great job. In response to Councilmember C. Brown on the protocol for electric vehicles, Fire Chief A. Holland replied that we have not had it here yet, but we are training on electric vehicle fires. His staff is working on a policy and procedure on how we are going to address the issue. 12.2. Red Light Camera Discussion City Manager T. Bolduc said Councilmember R. Bullard requested we bring the item forward to start the discussion. Police Chief Stephen McCosker addressed the Council stating two red light cameras are located on 85/90 and 85 and Redstone for the north/south of the intersections. The cameras assist in enforcement by reducing the number of T-bone crashes at those locations. He mentioned the contract is revenue neutral, as the funding comes from the violators. He went over the statistics per year for each intersection. We have voluntary compliance as traffic apps depict the red-light camera usage. The fee collected is $158 per ordinance and the city receives $75 per violation, with the rest of the funding going to the various entities. He added this assists the department, as we do not have a traffic unit. Discussion ensued on the time frame of having the cameras, the $17,200 average received yearly going into the General fund, staffing, the auto-renewal of current contract and the need to have a traffic unit. Councilmember R. Bullard stated he wanted to remove the auto-renewal portion and asked for clarification on the renewal terms. Mayor Pro-Tem Andrew Rencich stated he wants to have a traffic department in five years. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Doug Capps to remove the auto renewal and negotiate the upcoming contract. Roll Call: Page 188 of 299 9 | Page Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. Discussion ensued on the feasibility of planning for a traffic unit. City Manager T. Bolduc said the contract will renew in March 2028, and the contract must come before the Council for review, so we will be able to determine the feasibility of a traffic unit dependent on staffing. City Manager T. Bolduc updated the Council on the Main Street project bid opening set for November 15th. He added the Brookmeade and Redstone project is in the final stages of the permitting process, and a community budget request was submitted for traffic improvements. The Vineyard site work bid opening is set for December 6th. The Mirage intergovernmental agreement is complete. All staff are now located at the Twin Hills Park location. We are drafting an RFP for the Twin Hills project. The engineering and design are being done with the splashpad starting in January 2024. We have four state appropriation requests on Park Drive, Redstone/Brookmeade, Twin Hills handicapped parking, and the reuse for WWTP has been submitted. He will be in Tallahassee tomorrow and will address the House Bill on building permits that set unrealistic timelines. He also stated that the Lindley Lane site plan regarding the 300 units is complete with only one-half of the approved lots being built, adding the point is we have to base our decisions on engineering data. In response to Councilmember C. Brown regarding the shade canopies at the Rotary Park, City Manager T. Bolduc replied we should see them constructed in January. 13. Comments from the Mayor and Council Mayor JB Whitten called for comment from the Council. Councilmember D. Capps said the Tourist Development Council is meeting tomorrow morning in the Chamber. Councilmember R. Bullard asked about the review of the Board expiration dates, and City Manager T. Bolduc stated he has received the research from the City Clerk. Research regarding the ordinance timelines to make the expiration dates consistent will be addressed. He added the item will be brought back by the next meeting. In response to Councilmember R. Bullard regarding the temporary barriers on Highway 85, City Manager T. Bolduc said there is other work in the intersection so he will need to meet with Jason Autry at the County. In response to Councilmember Joe Blocker regarding a facelift at the Veterans Monument gazebo, City Manager T. Bolduc said he will need to speak to the committee. Mayor JB Whitten said the Veterans parade was successful. He said the Christmas market and a movie is scheduled this Saturday. He mentioned the Thanksgiving service, the Page 189 of 299 10 | Page performances from the Crestview Chorus at Warrior’s Hall and before the Christmas Parade on December 2nd. City Manager T. Bolduc announced that the Ethics training is Wednesday morning for the City Council. 14. Comments from the Audience Mayor JB Whitten called for comment from the audience. Justin Grant voiced concern on the drastic increase on utilities. City Manager T. Bolduc said the rate increase was discussed during the budget process, adding we did a rate study on water, sewer, and garbage. The previous contract for garbage had expired, and the new provider was lower than the previous provider submitted during the bidding process. He added the cost of business is going up, but the increase was the best they could do in relation to inflation. 15. Adjournment Mayor JB Whitten adjourned the meeting at 8:25 p.m. Minutes approved this __ day of __, 2023. _____________________________________ JB Whitten Mayor _____________________________________ Maryanne Schrader City Clerk Proper Notice having been duly given Page 190 of 299 CITY OF CRESTVIEW Item # 7.1. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning Administrator DATE: 12/4/2023 SUBJECT: Ordinance 1953 Lee Avenue Comprehensive Plan Amendment BACKGROUND: On September 16, 2023, staff received an application to amend the comprehensive plan and zoning designations for property located at 602 Lee Avenue. The subject property is currently located within the city limits of Crestview with a future land use and zoning designation of Residential (R) and Single and Multi-Family Density Dwelling District (R-3), respectively. The application requests the Mixed-Use (MU) future land use designation for the property. The Planning and Development Board recommended approval of the request on November 6, 2023, and the first reading was approved by the City Council on November 13, 2023. DISCUSSION: The property description is as follows: Property Owner: Trojan Professional Mgmt LLC PO Box 312 Crestview, FL 325360000 Parcel ID: 21-3N-23-1670-0006-0010 Site Size: 0.40 acres Current FLU: Residential (R) Current Zoning: Single and Multi-Family Density Dwelling District (R-3) Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Residential (R) Single and Multi-Family Density Dwelling District (R-3) Manufactured Home & Single Family East Residential (R) Single and Multi-Family Density Dwelling District (R-3) Multi-Family South Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family Page 191 of 299 West Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family The subject property is currently developed for residential use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property use could continue as a residence or be developed for light commercial use. The applicant for this amendment concurrently applied for a lot split on the same property. With that lot split, each parcel will be approximately 0.2 acres. The applicant has stated their intent to develop each resulting property with one duplex structure each, which is consistent with the existing development adjacent to the east of this property, but is not allowed under the current allowable density. Staff finds that the resulting acreage of each parcel (0.2 acres) would not be large enough to support commercial development that would not otherwise be allowable as a home occupation as the property exists now. Staff reviewed the request for a comprehensive plan amendment and finds the following: - The proposed future land use map designation is compatible with the surrounding area. - The proposed future land use map designation is consistent with the city’s comprehensive plan and land development code. - The process for adoption of the future land use map amendment follows all requirements of Florida statute sections 163.3184 (3) and (5). - The proposed amendment does not involve a text change to goals, policies, and objectives of the comprehensive plan. It only proposes a land use change to the future land use map for a site- specific small-scale development. - The subject property is not located within an area of critical state concern. Courtesy notices were mailed to property owners within 300 feet of the subject property on October 12, 2023. The property was posted on October 23, 2023. An advertisement ran in the Crestview News Bulletin on October 26, 2023. GOALS & OBJECTIVES 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. 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. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the comprehensive plan amendment was $2,500.00. The cost of advertising was $240.50. RECOMMENDED ACTION Page 192 of 299 Staff respectfully requests adoption of Ordinance 1953 on Second Reading. Attachments 1. Exhibit Packet Page 193 of 299 ORDINANCE: 1953 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM RESIDENTIAL (R) TO MIXED-USE (MU) ON APPROXIMATELY 0.40 ACRES, MORE OR LESS, IN SECTION 21, TOWNSHIP 3 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; 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 Section 2 of the City Charter, §163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan. SECTION 2 – FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting as the Local Planning Agency with its recommendations reported to the City Council; and C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from Residential (R) to Mixed-Use (MU) on a parcel of land containing 0.40 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3 – PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is described in Section 4 below. SECTION 4 – FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 0.40 acres of land, more or less, from Residential (R) to Mixed-Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 0.40 acres, more or less, is known as Parcel 21-3N-23-1670-0006-0010 and commonly described as: LOTS 1 THROUGH 4, INCLUSIVE, BLOCK 6, MORRIS ADDITION TO CRESTVIEW, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 133, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. The Mixed-Use (MU) Future Land Use Category is hereby imposed on Parcel 21-3N-23-1670-0006-0010. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcel 21-3N-23-1670-0006-0010 thereon. SECTION 5 – 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 Page 194 of 299 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 6 – 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 7 – 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 8 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9 – EFFECTIVE DATE. The effective date of this plan amendment and ordinance shall be thirty- one (31) days after adoption on second reading by the City Council, unless the amendment is challenged pursuant to §163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the State Land Planning Agency or the Administration Commission finding the amendment in compliance with §163.3184, F.S. Passed and adopted on second reading by the City Council of Crestview, Florida on the 11th day of December, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 11th day of December, 2023. ______________________________________ J. B. Whitten Mayor Page 195 of 299 Page 196 of 299 JAMES LEE BLVD E S FERDON BLVD N F E R D O N B LV D S FERDON BLVD JAMES LEE BLVD E N FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 197 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST Existing Use ¯ 0 200100 Feet Legend Subject Parcel City Limits Existing Use Churches Manufactured Home Mobile Home Multi-Family Municipal Non-Profit Service Shop Single Family Vacant Vacant Commercial Page 198 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST CurrentFuture Land Use ¯ 0 200100 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Low DensityResidential (LDR) Page 199 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST CurrentZoning ¯ 0 200100 Feet Legend Subject Parcel City Limits City ZoningSingle Family EstateDwelling District (R-1E)Single Family LowDensity District (R-1)Single Family MediumDensity District (R-2)Single and Multi-FamilyDwelling District (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County ZoningResidential - 1 (R-1) Page 200 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST ProposedFuture Land Use ¯ 0 200100 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Low DensityResidential (LDR) Page 201 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST ProposedZoning ¯ 0 200100 Feet Legend Subject Parcel City Limits City Zoning Single Family EstateDwelling District (R-1E) Single Family LowDensity District (R-1) Single Family MediumDensity District (R-2) Single and Multi-FamilyDwelling District (R-3) Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) Planned UnitDevelopment (PUD) County Zoning Residential - 1 (R-1) Page 202 of 299 CITY OF CRESTVIEW Item # 7.2. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning Administrator DATE: 12/4/2023 SUBJECT: Ordinance 1954 Lee Avenue Rezoning BACKGROUND: On September 16, 2023, staff received an application to amend the comprehensive plan and zoning designations for property located at 602 Lee Avenue. The subject property is currently located within the city limits of Crestview with a future land use and zoning designation of Residential (R) and Single and Multi-Family Density Dwelling District (R-3), respectively. The application requests the Mixed-Use (MU) zoning designation for the property. The Planning and Development Board recommended approval of the request on November 6, 2023, and the first reading was approved by the City Council on November 13, 2023. DISCUSSION: The property description is as follows: Property Owner: Trojan Professional Mgmt LLC PO Box 312 Crestview, FL 325360000 Parcel ID: 21-3N-23-1670-0006-0010 Site Size: 0.40 acres Current FLU: Residential (R) Current Zoning: Single and Multi-Family Density Dwelling District (R-3) Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Residential (R) Single and Multi-Family Density Dwelling District (R-3) Manufactured Home & Single Family East Residential (R) Single and Multi-Family Density Dwelling District (R-3) Multi-Family South Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family Page 203 of 299 West Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family The subject property is currently developed for residential use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property use could continue as a residence or be developed for light commercial use. The applicant for this rezoning concurrently applied for a lot split on the same property. With that lot split, each parcel will be approximately 0.2 acres. The applicant has stated their intent to develop each resulting property with one duplex structure each, which is consistent with the existing development adjacent to the east of this property, but is not allowed under the current allowable density. Staff finds that the resulting acreage of each parcel (0.2 acres) would not be large enough to support commercial development that would not otherwise be allowable as a home occupation as the property exists now. Staff reviewed the request for rezoning and finds the following: - The proposed zoning is consistent with the proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on October 12, 2023. The property was posted on October 23, 2023. An advertisement ran in the Crestview News Bulletin on October 26, 2023. GOALS & OBJECTIVES 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. 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. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the rezoning request were $750.00. There is no additional cost of advertising as the rezoning request was included in the advertisement for the comprehensive plan amendment. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1954 on Second Reading. Page 204 of 299 Attachments 1. Exhibit Packet Page 205 of 299 ORDINANCE: 1954 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 0.40 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 21, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE SINGLE AND MULTI-FAMILY DENSITY DWELLING DISTRICT (R-3) ZONING DISTRICT TO THE MIXED-USE (MU) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; 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 Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2 – PROPERTY REZONED. The following described 0.40 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 0.40 acres, more or less, being formerly zoned Single and Multi-Family Density Dwelling District (R-3) with the Mixed-Use (MU) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1953, is hereby rezoned to Mixed-Use (MU) to wit: PIN # 21-3N-23-1670-0006-0010 LOTS 1 THROUGH 4, INCLUSIVE, BLOCK 6, MORRIS ADDITION TO CRESTVIEW, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 133, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. SECTION 3 – MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance, which is attached hereto. SECTION 4 – 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 5 – 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 6 – 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 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Page 206 of 299 SECTION 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1953 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 11th day of December, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 11th day of December, 2023. ______________________________________ J. B. Whitten Mayor Page 207 of 299 Page 208 of 299 JAMES LEE BLVD E S FERDON BLVD N F E R D O N B LV D S FERDON BLVD JAMES LEE BLVD E N FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 209 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST Existing Use ¯ 0 200100 Feet Legend Subject Parcel City Limits Existing Use Churches Manufactured Home Mobile Home Multi-Family Municipal Non-Profit Service Shop Single Family Vacant Vacant Commercial Page 210 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST CurrentFuture Land Use ¯ 0 200100 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Low DensityResidential (LDR) Page 211 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST CurrentZoning ¯ 0 200100 Feet Legend Subject Parcel City Limits City ZoningSingle Family EstateDwelling District (R-1E)Single Family LowDensity District (R-1)Single Family MediumDensity District (R-2)Single and Multi-FamilyDwelling District (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County ZoningResidential - 1 (R-1) Page 212 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST ProposedFuture Land Use ¯ 0 200100 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Low DensityResidential (LDR) Page 213 of 299 LEE AVE BROCK AVE E EDNEY AVE REED AVE CROSSLAND ST HENDERSON STWINGARD ST S RAYBURN ST E EDNEY AVE HENDERSON ST ProposedZoning ¯ 0 200100 Feet Legend Subject Parcel City Limits City Zoning Single Family EstateDwelling District (R-1E) Single Family LowDensity District (R-1) Single Family MediumDensity District (R-2) Single and Multi-FamilyDwelling District (R-3) Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) Planned UnitDevelopment (PUD) County Zoning Residential - 1 (R-1) Page 214 of 299 CITY OF CRESTVIEW Item # 7.3. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning Administrator DATE: 12/4/2023 SUBJECT: Ordinance 1955 North Avenue East Comprehensive Plan Amendment BACKGROUND: On October 4, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on North Avenue East. The subject property is currently located within the city limits of Crestview with a future land use and zoning designation of Public Lands (PL). The application requests the Mixed-Use (MU) future land use designation for the property. The Planning and Development Board recommended approval of the request on November 6, 2023, and the first reading was approved by the City Council on November 13, 2023. DISCUSSION: The property description is as follows: Property Owner: Grant-Moulton Properties LLC 1702 E James Lee Blvd Crestview, FL 325390000 Parcel ID: 07-3N-23-1760-0004-0010 Site Size: 5.45 acres Current FLU: Public Lands (PL) Current Zoning: Public Lands (PL) Current Land Use: Municipal The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family East Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family & Multi- Family South Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family & Multi- Family Page 215 of 299 West Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single-Family The subject property is currently developed for recreational use and a development application has been submitted. Based on the requested land-use and zoning designations, the property could be developed for residential use. Typically, at this point in the process, staff is not aware of what is being proposed on a given piece of property. In this case, this future land use amendment, and the subsequent rezoning to PUD are in conjunction with a project that is in review for 94 townhouse units. The current future land use and zoning designations do not provide for this use, and the surrounding future land use and zoning districts (Residential (R) and Single and Multi-family Density Dwelling District (R-3)) do not provide for the density requested within the application. The developer has entered into an agreement with the Eglin Air Force base to provide housing (rent and utilities) to military members at the BAH rate, providing a benefit to both those service members as well as a positive impact on the community at large. In order to achieve that threshold, the developer determined that it would be necessary to construct more units in the project than would have typically been allowed in the R-3 zoning district and Residential future land use designation. Staff discussed various options that could help the developer achieve this goal for the benefit of our community. Initially, staff considered the Mixed Use (MU) zoning and future land use designations, which would provide a density comparable to the adjacent Arbor Valley development, located off of North Pearl Street, but were not comfortable with the potential commercial development that would be possible on the property with the Mixed Use zoning district. This 5.45 acre property with the Mixed Use zoning district could theoretically provide for commercial uses with densities/intensities that may not be consistent with the surrounding area. As a result, staff determined that the most efficient and beneficial way to move forward would be to utilize the Mixed Use (MU) future land use, which allows for up to 20 units per acre, but assign the Planned Unit Development (PUD) zoning district, which references the submitted site plan for the development and, in this case, restricts the development specifically to what has been proposed - 94 townhomes. Any amendment to, or modification of the plans from that scope would require an additional ordinance to amend or remove the PUD ordinance that is being proposed coincidentally with this FLU amendment request. This provides a way for staff to ensure that this property does not develop any way other than what has generally been proposed without first consulting the Planning Board and City Council, protecting the area from development that, at this time, would not be considered consistent with the surrounding area. Most of this information pertains to the PUD zoning district that will be presented next in the agenda, but as is typical,the above information provides the background necessary to best understand the requested future land use, as well. Staff reviewed the request for a comprehensive plan amendment and finds the following: - The proposed future land use map designation is compatible with the surrounding area in conjunction with the proposed zoning district. - The proposed future land use map designation is consistent with the city’s comprehensive plan and land development code. - The process for adoption of the future land use map amendment follows all requirements of Florida statute sections 163.3184 (3) and (5). - The proposed amendment does not involve a text change to goals, policies, and objectives of the comprehensive plan. It only proposes a land use change to the future land use map for a site- specific small-scale development. - The subject property is not located within an area of critical state concern. Page 216 of 299 Courtesy notices were mailed to property owners within 300 feet of the subject property on October 12, 2023. The property was posted on October 23, 2023. An advertisement ran in the Crestview News Bulletin on October 26, 2023. GOALS & OBJECTIVES 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. 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. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the comprehensive plan amendment were $2,500.00. The cost of advertising was $240.50. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1955 on Second Reading. Attachments 1. Exhibit Packet 2. Patriot Park Site Development Plan Page 217 of 299 ORDINANCE: 1955 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM PUBLIC LANDS (PL) TO MIXED-USE (MU) ON APPROXIMATELY 5.45 ACRES, MORE OR LESS, IN SECTION 7, TOWNSHIP 3 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; 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 Section 2 of the City Charter, §163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan. SECTION 2 – FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting as the Local Planning Agency with its recommendations reported to the City Council; and C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from Public Lands (PL) to Mixed- Use (MU) on a parcel of land containing 5.45 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3 – PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is described in Section 4 below. SECTION 4 – FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 5.45 acres of land, more or less, from Public Lands (PL) to Mixed-Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 5.45 acres, more or less, is known as Parcel 07-3N-23-1760-0004-0010 and commonly described as: All of Block 4 of REPLAT NORTH HILL, according to the Plat thereof as recorded in Plat Book 1, Page(s) 121, of the Public Records of OKALOOSA County, Florida. The Mixed-Use (MU) Future Land Use Category is hereby imposed on Parcel 07-3N-23-1760-0004-0010. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcel 07-3N-23-1760-0004-0010 thereon. SECTION 5 – 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 Page 218 of 299 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 6 – 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 7 – 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 8 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9 – EFFECTIVE DATE. The effective date of this plan amendment and ordinance shall be thirty- one (31) days after adoption on second reading by the City Council, unless the amendment is challenged pursuant to §163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the State Land Planning Agency or the Administration Commission finding the amendment in compliance with §163.3184, F.S. Passed and adopted on second reading by the City Council of Crestview, Florida on the 11th day of December, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 11th day of December, 2023. ______________________________________ J. B. Whitten Mayor Page 219 of 299 Page 220 of 299 N FERDON BLVD O L D B E T H E L R D JAMES LEE BLVD W JAMES LEE BLVD E S F E R D O N B L V D JAMES LEE BLVD W J A M E S L E E B L V D EN FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 221 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR Existing Use ¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Use Churches Manufactured Home Mortuary Multi-Family Municipal Public School Res Common Rights-of-way Single FamilyResidential/Townhome Single Family Vacant Townhouse Vacant Vacant Commercial Page 222 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR CurrentFuture Land Use ¯ 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) Page 223 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR CurrentZoning ¯ 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family EstateDwelling District (R-1E)Single Family LowDensity District (R-1)Single Family MediumDensity District (R-2)Single and Multi-FamilyDwelling District (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) Page 224 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR ProposedFuture Land Use ¯ 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) Page 225 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR ProposedZoning ¯ 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family EstateDwelling District (R-1E) Single Family LowDensity District (R-1) Single Family MediumDensity District (R-2) Single and Multi-FamilyDwelling District (R-3) Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) Planned UnitDevelopment (PUD) Page 226 of 299 CHAVIS AVE. (69' ROW) ME D L E Y D R I V E (6 0 ' R O W ) E. NORTH AVE. (75' ROW) N. L L O Y D S T . (3 5 ' R O W ) FLU: RESIDENTIAL ZONING: R-3 FLU: RESIDENTIAL ZONING: R-3 FLU: RESIDENTIAL ZONING: R-3 FLU: RESIDENTIAL ZONING: R-3 FDOT DROP CURB 20' BSL 20' BSL 2 0 ' B S L 20 ' B S L 20 ' B S L 20 ' B S L R-1 STOP SIGN W/ STOP BAR R-1 STOP SIGN W/ STOP BAR UNIT 1 FFE = 239.4' UNIT 2 FFE = 239.4' UNIT 3 FFE = 239.4' UNIT 4 FFE = 239.4' UNIT 5 FFE = 239.4' UNIT 6 FFE = 239.4' UNIT 7 FFE = 239.4' UNIT 8 FFE = 239.6' UNIT 9 FFE = 239.6' UNIT 10 FFE = 239.6' UNIT 11 FFE = 240.6' UNIT 12 FFE = 240.6' UNIT 13 FFE = 240.6' UNIT 14 FFE = 240.6' UNIT 15 FFE = 240.6' UNIT 16 FFE = 240.6' UNIT 17 FFE = 240.6' UNIT 18 FFE = 240.6' UNIT 19 FFE = 240.6' UNIT 20 FFE = 240.6' UNIT 21 FFE = 240.6' UNIT 22 FFE = 240.6' UNIT 23 FFE = 240.6' UNIT 24 FFE = 241.6' UNIT 25 FFE = 241.6' UNIT 26 FFE = 241.6' UNIT 27 FFE = 241.6' UNIT 28 FFE = 241.6' UNIT 29 FFE = 241.6' UNIT 30 FFE = 241.6' UNIT 31 FFE = 241.6' UNIT 32 FFE = 243.4' UNIT 33 FFE = 243.4' UNIT 34 FFE = 243.4' UNIT 35 FFE = 243.4' UNIT 36 FFE = 242.9' UNIT 37 FFE = 242.9' UNIT 38 FFE = 242.9' UNIT 39 FFE = 241.9' UNIT 40 FFE = 241.9' UNIT 41 FFE = 241.9' UNIT 42 FFE = 241.9' UNIT 43 FFE = 241.4' UNIT 44 FFE = 241.4' UNIT 45 FFE = 239.7' UNIT 46 FFE = 239.7' UNIT 47 FFE = 240.2' UNIT 48 FFE = 240.2' UNIT 49 FFE = 240.2' UNIT 50 FFE = 240.7'UNIT 51 FFE = 240.7' UNIT 52 FFE = 240.7' UNIT 53 FFE = 241.7' UNIT 54 FFE = 241.7' UNIT 55 FFE = 241.7' UNIT 56 FFE = 241.7' UNIT 57 FFE = 242.2' UNIT 58 FFE = 242.2' UNIT 59 FFE = 242.7' UNIT 60 FFE = 242.7' UNIT 61 FFE = 242.7' UNIT 62 FFE = 243.0' UNIT 63 FFE = 243.0' UNIT 64 FFE = 241.7' UNIT 65 FFE = 241.7' UNIT 66 FFE = 242.2' UNIT 67 FFE = 242.2' UNIT 68 FFE = 242.7' UNIT 69 FFE = 242.7' UNIT 70 FFE = 242.7' UNIT 71 FFE = 243.0' UNIT 72 FFE = 243.0' UNIT 73 FFE = 242.9' UNIT 74 FFE = 242.9' UNIT 75 FFE = 242.9' UNIT 76 FFE = 243.4' UNIT 77 FFE = 243.4' UNIT 78 FFE = 243.4' UNIT 79 FFE = 243.4' UNIT 80 FFE = 244.9' UNIT 81 FFE = 244.9' UNIT 82 FFE = 245.4' UNIT 83 FFE = 245.4' UNIT 84 FFE = 245.4' UNIT 85 FFE = 245.9' UNIT 86 FFE = 245.9' UNIT 87 FFE = 243.9' UNIT 88 FFE = 243.9' UNIT 89 FFE = 244.4' UNIT 90 FFE = 244.4' UNIT 91 FFE = 244.9' UNIT 92 FFE = 244.9' UNIT 93 FFE = 245.4' UNIT 94 FFE = 245.4' LS CURB TRANSITION TBM #4 TBM #2 PA T R I O T P A R K D R . 24.0' R25.0' R15.0' R26.5' R26.5' 5' SIDEWALK FDOT DROP CURB R-1 STOP SIGN W/ STOP BAR ADA RAMP W/ TRUNCATED DOMES STORMWATER POND 10' LANDSCAPE ROW BUFFER CLEAR VISIBILITY TRIANGLE R25.0' CLEAR VISIBILITY TRIANGLE S87°42'40"E 583.87' (F) N 3 7 ° 1 1 ' 5 3 " W 2 0 5 . 2 3 ' ( F ) N0 1 ° 4 2 ' 1 4 " E 3 4 0 . 4 2 ' ( F ) N87°42'07"W 449.61' (F) S0 2 ° 1 9 ' 1 7 " W 4 9 8 . 8 7 ' ( F ) DRAINAGE EASEMENT WIDTH VARIES '50' UTILITY EASEMENT TBM #1 UTILITY EASEMENT WIDTH VARIES UTILITY EASEMENT WIDTH VARIES 75°' ADA RAMP W/ TRUNCATED DOMES ADA RAMP W/ TRUNCATED DOMESADA RAMP W/ TRUNCATED DOMES ADA RAMP W/ TRUNCATED DOMES ADA RAMP W/ TRUNCATED DOMES ADA RAMP W/ TRUNCATED DOMES CLEAR VISIBILITY TRIANGLE 20.0' 6" THICK SIDEWALK (TYP.) 5' SIDEWALK 5' SIDEWALK 5' S I D E W A L K 5' S I D E W A L K 5' SIDEWALK 5' SIDEWALK 6" THICK SIDEWALK 6" THICK SIDEWALK (TYP.) bike bike bike bike bike bike 3 LOOP BIKE RACK (TYP.) LO A D I N G Z O N E TBM #3 (P R I V A T E ) CURB TRANSITION FDOT DROP CURB TO RIBBON CURB. SLOPE TO DRAINAGE INLET. CURB TRANSITION FDOT DROP CURB TO RIBBON CURB. SLOPE TO DRAINAGE INLET. LEGEND Property Line Existing ROW Existing Road Centerline Existing Asphalt Existing Chain Link Fence Existing Concrete Proposed Chain Link Fence Proposed Concrete Proposed Edge of Pavement Building/Landscape Setback Proposed Asphalt Proposed Sign Proposed 6" Thick Sidewalk Baker Engineers, LLC P.O. Box 522 DeFuniak Springs, FL 32435 Telephone: (850) 836-4970 Cr e s t v i e w , F l o r i d a Notes AS NOTED Scale Project Number 3003 NVB Drawn By Reviewed By NVB Sheet Number Issue Date OCTOBER 13, 2023 PA T R I O T P A R K SI T E P L A N C 3.1 SITE SUMMARY OWNER: GRANT-MOULTON PROPERTIES, LLC PARCEL #: 17-3N-23-1760-0004-0010 TOTAL PROJECT AREA = 235,823 SF (5.4 AC.) ZONING: MIXED USE CURRENT LAND USE: RECREATION PROPOSED LAND USE: RESIDENTIAL FUTURE LAND USE: MIXED USE BUILDING REQUIREMENTS: FRONT SETBACK:REQUIRED = 20 FT PROVIDED = 20 FT REAR SETBACK:REQUIRED = 15 FT PROVIDED = n/a FT SIDE YARD SETBACK:REQUIRED = 7.5 FT PROVIDED = n/a FT MIN. HEIGHT: REQUIRED = 70' MAX. PROVIDED = <45', TWO STORY DENSITY: REQUIRED = 20 UNITS/AC MAX. = 108 UNITS PROVIDED = 94 UNITS PARKING REQUIREMENTS: SINGLE FAMILY DWELLING: REQUIRED = 2 SPACE PER UNIT = 2 SPACE X 94 UNITS = 188 SPACES PROVIDED = 188 SPACES BICYCLE SPACES: REQUIRED = 1 PER 10 PARKING SPACES = 18 PROVIDED = 18 SPACES FLOOR AREA RATIO: REQUIRED = 3.0 MAX. PROVIDED = 157,920 SF/235,823 SF = 0.67 IMPERVIOUS SURFACE RATIO: REQUIRED = 80% MAX. PROVIDED = 128,598 SF / 235,823 SF = 54.5% FLOOD PLAIN: FEMA FLOOD INSURANCE MAP NO. 12091C0165J, DATED MARCH 9, 2021 INDICATES THAT THIS PROPERTY IS LOCATED IN ZONE "X" FLOOD ZONE. CONTRACTOR NOTES: 1.ALL CURBING TERMINATIONS SHALL HAVE 1.5 FT TAPERS UNLESS NOTED OTHERWISE. 2.CONCRETE (CURBING AND SIDEWALKS) DAMAGED DURING CONSTRUCTION SHALL BE REMOVED AND REPLACED AT THE EXPENSE OF THE CONTRACTOR. DAMAGED AREAS SHALL BE REMOVED AND REPLACED TO THE NEAREST CONTROL OR CONSTRUCTION JOINTS TO PROVIDE CONTINUOUS AND CONSISTENT JOINT SPACING FOR THE ENTIRE PRODUCT. 3.UPON COMPLETION, THE CONTRACTOR SHALL PROVIDE AN ASBUILT SURVEY OF ALL SITE, GRADING AND UTILITY IMPROVEMENTS. Scale 1" = 40' 400 8040 BENCHMARKS NO.DESCRIPTION ELEV. TBM #1 I.R. #7237 239.00 TBM #2 I.R. #7237 245.51 TBM #3 I.R. #7237 239.69 TBM #4 I.R. #7237 237.50 .1%#6+10/#2 N.T.S. PROJECT LOCATION LEGAL DESCRIPTION (AS PROVIDED PER FGS SURVEY) ALL OF BLOCK 4 OF REPLAT NORTH HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 121, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA Page 227 of 299 CITY OF CRESTVIEW Item # 7.4. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning Administrator DATE: 12/4/2023 SUBJECT: Ordinance 1956 North Avenue East Rezoning BACKGROUND: On October 4, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on North Avenue East. The subject property is currently located within the city limits of Crestview with a future land use and zoning designation of Public Lands (PL). The application requests the Planned Unit Development (PUD) zoning designation for the property. The Planning and Development Board recommended approval of the request on November 6, 2023, and the first reading was approved by the City Council on November 13, 2023. DISCUSSION: The property description is as follows: Property Owner: Grant-Moulton Properties LLC 1702 E James Lee Blvd Crestview, FL 325390000 Parcel ID: 07-3N-23-1760-0004-0010 Site Size: 5.45 acres Current FLU: Public Lands (PL) Current Zoning: Public Lands (PL) Current Land Use: Municipal The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family East Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family & Multi- Family South Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single Family & Multi- Family Page 228 of 299 West Residential (R) Single and Multi-Family Density Dwelling District (R-3) Single-Family The subject property is currently developed for recreational use and a development application has been submitted. Based on the requested land-use and zoning designations, the property could be developed for residential use. Typically, at this point in the process, staff is not aware of what is being proposed on a given piece of property. In this case, this proposed rezoning to PUD is in conjunction with a project that is in review for 94 townhouse units. The current future land use and zoning designations do not provide for this use, and the surrounding future land use and zoning districts (Residential (R) and Single and Multi-family Density Dwelling District (R- 3)) do not provide for the density requested within the application. The developer has entered into an agreement with the Eglin Air Force base to provide housing (rent and utilities) to military members at the BAH rate, providing a benefit to both those service members as well as a positive impact on the community at large. In order to achieve that threshold, the developer determined that it would be necessary to construct more units in the project than would have typically been allowed in the R-3 zoning district and Residential future land use designation. Staff discussed various options that could help the developer achieve this goal for the benefit of our community. Initially, staff considered the Mixed Use (MU) zoning and future land use designations, which would provide a density comparable to the adjacent Arbor Valley development, located off of North Pearl Street, but were not comfortable with the potential commercial development that would be possible on the property with the Mixed Use zoning district. This 5.45 acre property with the Mixed Use zoning district could theoretically provide for commercial uses with densities/intensities that may not be consistent with the surrounding area. As a result, staff determined that the most efficient and beneficial way to move forward would be to utilize the Mixed Use (MU) future land use, which allows for up to 20 units per acre, but assign the Planned Unit Development (PUD) zoning district, which references the submitted site plan for the development and, in this case, restricts the development specifically to what has been proposed - 94 townhomes. Any amendment to, or modification of the plans from that scope would require an additional ordinance to amend or remove the PUD ordinance that is being proposed coincidentally with this FLU amendment request. This provides a way for staff to ensure that this property does not develop any way other than what has generally been proposed without first consulting the Planning Board and City Council, protecting the area from development that, at this time, would not be considered consistent with the surrounding area. Staff reviewed the request for rezoning and finds the following: - The proposed zoning is consistent with the proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on October 12, 2023. The property was posted on October 23, 2023. An advertisement ran in the Crestview News Bulletin on October 26, 2023. GOALS & OBJECTIVES 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. Page 229 of 299 Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. 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. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the rezoning request were $750.00. There is no additional cost of advertising as the rezoning request was included in the advertisement for the comprehensive plan amendment. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1956 on second reading. Attachments 1. Exhibit Packet 2. Patriot Park Site Development Plan Page 230 of 299 ORDINANCE: 1956 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 5.45 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 7, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE PUBLIC LANDS (PL) ZONING DISTRICT TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY & INTENT. The authority for enactment of this ordinance is pursuant to chapters 166 and 177, Florida Statutes, section 1, City Charter, and the City's Land Development Code. 1. The owner, Grant-Moulton Properties, LLC, applied for rezoning approval of Block 4 of North Hill Replat, according to the Plat thereof as recorded in Plat Book 1, Page 121, of the Public Records of Okaloosa County Florida, identified by parcel number 07-3N-23-1760-0004-0010. The development will consist of a 94-unit townhouse development. Approval of this rezoning will result in a new Planned Unit Development zoning district at the property. 2. The Planning and Development Board held a public hearing and considered this ordinance on November 6, 2023. The Planning and Development Board has recommended approval of the rezoning of the subject area from the Public Lands (PL) Zoning District to the Planned Unit Development (PUD) Zoning District in accordance with the Patriot Park Site Development Plan as prepared by Baker Engineering, LLC, dated October 2023, and the conditions and amendments in this ordinance. 3. The City Council then conducted a public meeting on November 13, 2023, and a public hearing on December 11, 2023, after giving due public notice pursuant to Section 166.041 of the Florida Statutes and the City's Land Development Code. SECTION 2 – FINDINGS OF FACT. The City Council finds: 1. The Planned Unit Development (PUD) is a zoning district available to encourage flexibility in the design and development of land and allow improved design and quality in new development. The PUD is intended to provide for diversification and integration of uses and structures consistent with the Future Land Use designation. 2. The Patriot Park Planned Unit Development is located at property identified by parcel number 07-3N-23- 1760-0004-0010. The subject property is approximately 5.4 acres. The development will consist of 94 townhouse units fronting E North Avenue, N Lloyd Street, Medley Drive and Chavis Avenue. 3. The Patriot Park Planned Unit Development is consistent with the City's Comprehensive Plan. 4. The proposed PUD is surrounded on all sides by public right-of-way and will not directly abut any properties with different land uses. 5. The intensity/density of the development is compatible with the surrounding area. 6. The provisions of and conditions required by this approval are necessary and in the best interests of the public health, safety, and welfare of City citizens. Therefore, the City Council approves the Patriot Park Planned Unit Development, as set forth in this ordinance. Page 231 of 299 SECTION 3 – PROPERTY TO BE REZONED. 1. The property subject to this rezoning is identified by parcel number 07-3N-23-1760-0004-0010 and is more particularly depicted in the Patriot Park Site Development Plan. 2. The requested rezoning is consistent with the City's Comprehensive Plan. Therefore, the subject property is hereby rezoned from the Public Lands (PL) zoning district to the Planned Unit Development (PUD) district, subject to all conditions and amendments of this ordinance and the Patriot Park Site Development Plan as prepared by Baker Engineers, LLC, dated October 2023. 3. The Official Zoning Map of the City of Crestview is hereby amended to change the classification of the subject property from the Public Lands (PL) zoning district to the Planned Unit Development (PUD) district. SECTION 4 – ADOPTION AND CONDITIONS TO PATRIOT PARK PLANNED UNIT DEVELOPMENT. The Patriot Park Site Development Plan as prepared by Baker Engineers, LLC, dated October 2023, is adopted by reference and approved as the site development plan, with the following amendments and conditions: 1. All improvements shall be made in accordance with the provisions of this ordinance and the site development plan document. This ordinance and the site development plan document shall be considered the development and site standards, criteria, and other requirements for development of the Patriot Park Planned Unit Development. If a subject is not addressed in this ordinance or the site development plan document, the applicable provision of the latest version of the City's Land Development Code shall apply. 2. No development shall occur on the subject property, except for townhouses with a maximum quantity of 94 units. 3. Access spacing for driveways connecting to public rights-of-way are allowed as shown in the site development plan document, notwithstanding Land Development Code requirements. 4. Maintenance of infrastructure improvements (water, sewer, stormwater, roadways, driveways, etc.) constructed on the subject property or in conjunction with the development in the right-of-way, shall be maintained by the developer until maintenance is expressly accepted by and conveyed to the City of Crestview. SECTION 5 – 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 6 – 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 7 – 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 8 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1955 and becomes legally effective. Page 232 of 299 Passed and adopted on second reading by the City Council of Crestview, Florida on the 11th day of December, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 11th day of December, 2023. ______________________________________ J. B. Whitten Mayor Page 233 of 299 Page 234 of 299 N FERDON BLVD O L D B E T H E L R D JAMES LEE BLVD W JAMES LEE BLVD E S F E R D O N B L V D JAMES LEE BLVD W J A M E S L E E B L V D EN FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 235 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR Existing Use ¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Use Churches Manufactured Home Mortuary Multi-Family Municipal Public School Res Common Rights-of-way Single FamilyResidential/Townhome Single Family Vacant Townhouse Vacant Vacant Commercial Page 236 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR CurrentFuture Land Use ¯ 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) Page 237 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR CurrentZoning ¯ 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family EstateDwelling District (R-1E)Single Family LowDensity District (R-1)Single Family MediumDensity District (R-2)Single and Multi-FamilyDwelling District (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) Page 238 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR ProposedFuture Land Use ¯ 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) Page 239 of 299 N PEARL ST E NORTH AVE M A P O L E S S T N LLOYD ST W FIRST AVE E FIRST AVE BUTLER CIR MEDLEY DR S E M I N O L E T R L THIRD AVECHAVIS AVE SIXTH AVE GRAHAM CIR ARBOR LAKE DR COLEMAN ST ADKINSON DR W NORTH AVE TERRELL DR MEDLEY DR MEDLEY DR ProposedZoning ¯ 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family EstateDwelling District (R-1E) Single Family LowDensity District (R-1) Single Family MediumDensity District (R-2) Single and Multi-FamilyDwelling District (R-3) Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) Planned UnitDevelopment (PUD) Page 240 of 299 CHAVIS AVE. (69' ROW) ME D L E Y D R I V E (6 0 ' R O W ) E. NORTH AVE. (75' ROW) N. L L O Y D S T . (3 5 ' R O W ) FLU: RESIDENTIAL ZONING: R-3 FLU: RESIDENTIAL ZONING: R-3 FLU: RESIDENTIAL ZONING: R-3 FLU: RESIDENTIAL ZONING: R-3 FDOT DROP CURB 20' BSL 20' BSL 2 0 ' B S L 20 ' B S L 20 ' B S L 20 ' B S L R-1 STOP SIGN W/ STOP BAR R-1 STOP SIGN W/ STOP BAR UNIT 1 FFE = 239.4' UNIT 2 FFE = 239.4' UNIT 3 FFE = 239.4' UNIT 4 FFE = 239.4' UNIT 5 FFE = 239.4' UNIT 6 FFE = 239.4' UNIT 7 FFE = 239.4' UNIT 8 FFE = 239.6' UNIT 9 FFE = 239.6' UNIT 10 FFE = 239.6' UNIT 11 FFE = 240.6' UNIT 12 FFE = 240.6' UNIT 13 FFE = 240.6' UNIT 14 FFE = 240.6' UNIT 15 FFE = 240.6' UNIT 16 FFE = 240.6' UNIT 17 FFE = 240.6' UNIT 18 FFE = 240.6' UNIT 19 FFE = 240.6' UNIT 20 FFE = 240.6' UNIT 21 FFE = 240.6' UNIT 22 FFE = 240.6' UNIT 23 FFE = 240.6' UNIT 24 FFE = 241.6' UNIT 25 FFE = 241.6' UNIT 26 FFE = 241.6' UNIT 27 FFE = 241.6' UNIT 28 FFE = 241.6' UNIT 29 FFE = 241.6' UNIT 30 FFE = 241.6' UNIT 31 FFE = 241.6' UNIT 32 FFE = 243.4' UNIT 33 FFE = 243.4' UNIT 34 FFE = 243.4' UNIT 35 FFE = 243.4' UNIT 36 FFE = 242.9' UNIT 37 FFE = 242.9' UNIT 38 FFE = 242.9' UNIT 39 FFE = 241.9' UNIT 40 FFE = 241.9' UNIT 41 FFE = 241.9' UNIT 42 FFE = 241.9' UNIT 43 FFE = 241.4' UNIT 44 FFE = 241.4' UNIT 45 FFE = 239.7' UNIT 46 FFE = 239.7' UNIT 47 FFE = 240.2' UNIT 48 FFE = 240.2' UNIT 49 FFE = 240.2' UNIT 50 FFE = 240.7'UNIT 51 FFE = 240.7' UNIT 52 FFE = 240.7' UNIT 53 FFE = 241.7' UNIT 54 FFE = 241.7' UNIT 55 FFE = 241.7' UNIT 56 FFE = 241.7' UNIT 57 FFE = 242.2' UNIT 58 FFE = 242.2' UNIT 59 FFE = 242.7' UNIT 60 FFE = 242.7' UNIT 61 FFE = 242.7' UNIT 62 FFE = 243.0' UNIT 63 FFE = 243.0' UNIT 64 FFE = 241.7' UNIT 65 FFE = 241.7' UNIT 66 FFE = 242.2' UNIT 67 FFE = 242.2' UNIT 68 FFE = 242.7' UNIT 69 FFE = 242.7' UNIT 70 FFE = 242.7' UNIT 71 FFE = 243.0' UNIT 72 FFE = 243.0' UNIT 73 FFE = 242.9' UNIT 74 FFE = 242.9' UNIT 75 FFE = 242.9' UNIT 76 FFE = 243.4' UNIT 77 FFE = 243.4' UNIT 78 FFE = 243.4' UNIT 79 FFE = 243.4' UNIT 80 FFE = 244.9' UNIT 81 FFE = 244.9' UNIT 82 FFE = 245.4' UNIT 83 FFE = 245.4' UNIT 84 FFE = 245.4' UNIT 85 FFE = 245.9' UNIT 86 FFE = 245.9' UNIT 87 FFE = 243.9' UNIT 88 FFE = 243.9' UNIT 89 FFE = 244.4' UNIT 90 FFE = 244.4' UNIT 91 FFE = 244.9' UNIT 92 FFE = 244.9' UNIT 93 FFE = 245.4' UNIT 94 FFE = 245.4' LS CURB TRANSITION TBM #4 TBM #2 PA T R I O T P A R K D R . 24.0' R25.0' R15.0' R26.5' R26.5' 5' SIDEWALK FDOT DROP CURB R-1 STOP SIGN W/ STOP BAR ADA RAMP W/ TRUNCATED DOMES STORMWATER POND 10' LANDSCAPE ROW BUFFER CLEAR VISIBILITY TRIANGLE R25.0' CLEAR VISIBILITY TRIANGLE S87°42'40"E 583.87' (F) N 3 7 ° 1 1 ' 5 3 " W 2 0 5 . 2 3 ' ( F ) N0 1 ° 4 2 ' 1 4 " E 3 4 0 . 4 2 ' ( F ) N87°42'07"W 449.61' (F) S0 2 ° 1 9 ' 1 7 " W 4 9 8 . 8 7 ' ( F ) DRAINAGE EASEMENT WIDTH VARIES '50' UTILITY EASEMENT TBM #1 UTILITY EASEMENT WIDTH VARIES UTILITY EASEMENT WIDTH VARIES 75°' ADA RAMP W/ TRUNCATED DOMES ADA RAMP W/ TRUNCATED DOMESADA RAMP W/ TRUNCATED DOMES ADA RAMP W/ TRUNCATED DOMES ADA RAMP W/ TRUNCATED DOMES ADA RAMP W/ TRUNCATED DOMES CLEAR VISIBILITY TRIANGLE 20.0' 6" THICK SIDEWALK (TYP.) 5' SIDEWALK 5' SIDEWALK 5' S I D E W A L K 5' S I D E W A L K 5' SIDEWALK 5' SIDEWALK 6" THICK SIDEWALK 6" THICK SIDEWALK (TYP.) bike bike bike bike bike bike 3 LOOP BIKE RACK (TYP.) LO A D I N G Z O N E TBM #3 (P R I V A T E ) CURB TRANSITION FDOT DROP CURB TO RIBBON CURB. SLOPE TO DRAINAGE INLET. CURB TRANSITION FDOT DROP CURB TO RIBBON CURB. SLOPE TO DRAINAGE INLET. LEGEND Property Line Existing ROW Existing Road Centerline Existing Asphalt Existing Chain Link Fence Existing Concrete Proposed Chain Link Fence Proposed Concrete Proposed Edge of Pavement Building/Landscape Setback Proposed Asphalt Proposed Sign Proposed 6" Thick Sidewalk Baker Engineers, LLC P.O. Box 522 DeFuniak Springs, FL 32435 Telephone: (850) 836-4970 Cr e s t v i e w , F l o r i d a Notes AS NOTED Scale Project Number 3003 NVB Drawn By Reviewed By NVB Sheet Number Issue Date OCTOBER 13, 2023 PA T R I O T P A R K SI T E P L A N C 3.1 SITE SUMMARY OWNER: GRANT-MOULTON PROPERTIES, LLC PARCEL #: 17-3N-23-1760-0004-0010 TOTAL PROJECT AREA = 235,823 SF (5.4 AC.) ZONING: MIXED USE CURRENT LAND USE: RECREATION PROPOSED LAND USE: RESIDENTIAL FUTURE LAND USE: MIXED USE BUILDING REQUIREMENTS: FRONT SETBACK:REQUIRED = 20 FT PROVIDED = 20 FT REAR SETBACK:REQUIRED = 15 FT PROVIDED = n/a FT SIDE YARD SETBACK:REQUIRED = 7.5 FT PROVIDED = n/a FT MIN. HEIGHT: REQUIRED = 70' MAX. PROVIDED = <45', TWO STORY DENSITY: REQUIRED = 20 UNITS/AC MAX. = 108 UNITS PROVIDED = 94 UNITS PARKING REQUIREMENTS: SINGLE FAMILY DWELLING: REQUIRED = 2 SPACE PER UNIT = 2 SPACE X 94 UNITS = 188 SPACES PROVIDED = 188 SPACES BICYCLE SPACES: REQUIRED = 1 PER 10 PARKING SPACES = 18 PROVIDED = 18 SPACES FLOOR AREA RATIO: REQUIRED = 3.0 MAX. PROVIDED = 157,920 SF/235,823 SF = 0.67 IMPERVIOUS SURFACE RATIO: REQUIRED = 80% MAX. PROVIDED = 128,598 SF / 235,823 SF = 54.5% FLOOD PLAIN: FEMA FLOOD INSURANCE MAP NO. 12091C0165J, DATED MARCH 9, 2021 INDICATES THAT THIS PROPERTY IS LOCATED IN ZONE "X" FLOOD ZONE. CONTRACTOR NOTES: 1.ALL CURBING TERMINATIONS SHALL HAVE 1.5 FT TAPERS UNLESS NOTED OTHERWISE. 2.CONCRETE (CURBING AND SIDEWALKS) DAMAGED DURING CONSTRUCTION SHALL BE REMOVED AND REPLACED AT THE EXPENSE OF THE CONTRACTOR. DAMAGED AREAS SHALL BE REMOVED AND REPLACED TO THE NEAREST CONTROL OR CONSTRUCTION JOINTS TO PROVIDE CONTINUOUS AND CONSISTENT JOINT SPACING FOR THE ENTIRE PRODUCT. 3.UPON COMPLETION, THE CONTRACTOR SHALL PROVIDE AN ASBUILT SURVEY OF ALL SITE, GRADING AND UTILITY IMPROVEMENTS. Scale 1" = 40' 400 8040 BENCHMARKS NO.DESCRIPTION ELEV. TBM #1 I.R. #7237 239.00 TBM #2 I.R. #7237 245.51 TBM #3 I.R. #7237 239.69 TBM #4 I.R. #7237 237.50 .1%#6+10/#2 N.T.S. PROJECT LOCATION LEGAL DESCRIPTION (AS PROVIDED PER FGS SURVEY) ALL OF BLOCK 4 OF REPLAT NORTH HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 121, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA Page 241 of 299 CITY OF CRESTVIEW Item # 7.5. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Nicholas Schwendt, CDS Planning Administrator, Wendy Tarpley, Financial Management Analyst DATE: 12/4/2023 SUBJECT: Ordinance 1957 - Comprehensive Fee Amendment BACKGROUND: The Comprehensive Fee Schedule outlines all fees and fines required for specific services or penalties within the City of Crestview. The Comprehensive Fee Schedule was amended in August, with the amendments effective since October 1st. DISCUSSION: Since implementing the amended Comprehensive Fee Schedule, staff identified a number of minor adjustments that needed to be made to new and previously adjusted fees, either due to errors when they were initially amended, or other general improvements that have been identified since October 1st. The attached fee schedule highlights those fees that have been adjusted. GOALS & OBJECTIVES 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 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. FINANCIAL IMPACT The changes proposed in the fee schedule amendment will result in a neutral financial impact, as the amendments proposed are required to maintain the current services provided by the City. RECOMMENDED ACTION Page 242 of 299 Staff respectfully requests a motion to adopt Ordinance 1957 on Second Reading. Attachments 1. Attachment 1 - Comprehensive Fee Schedule - Amended 23.12.11 Page 243 of 299 ORDINANCE: 1957 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR AN UPDATE TO THE COMPREHENSIVE FEE SCHEDULE; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the imposition of fees is a product of the City of Crestview’s home rule power; WHEREAS, the City Council of the City of Crestview finds that the collection of fees is an important measure which ensures that the City may continue to responsibly provide a variety of services to the public; and WHEREAS, the City Council of the City of Crestview finds that it is necessary to amend the Comprehensive Fee Schedule to provide for fees that adequately provide the City with the ability to continue to provide services to the public. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 – AUTHORITY. The City Council of the City of Crestview has authority to adopt this Ordinance pursuant to Section 166.021 and Section 163.31801, Florida Statutes and Article I, Section 2 of the City Charter. SECTION 2 – COMPREHENSIVE FEE SCHEDULE AMENDMENT. The highlighted elements of the Comprehensive Fee Schedule are hereby updated per the attached (Attachment 1). 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 - SCIVENER'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 - REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 7 – EFFECTIVE DATE. This ordinance shall become effective on December 11th, 2023. Passed and adopted on second reading by the City Council of Crestview, Florida on the 11th day of December, 2023. Page 244 of 299 ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 11th day of December, 2023. ______________________________________ J. B. Whitten Mayor Page 245 of 299 Comprehensive Fee Schedule for Fiscal Year 2023-2024 Effective Date: October 1, 2023 Amended: December 11, 2023 Page 246 of 299 Page 2 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Table of Contents Contents City Clerk ................................................................................................................................................................ 3 Community Development Services ........................................................................................................................ 4 Business Tax Receipts .................................................................................................................................... 4 Planning and Zoning ....................................................................................................................................... 4 Building Permits ............................................................................................................................................. 7 Public Services ...................................................................................................................................................... 12 Water and Sewer Connection Fees ............................................................................................................... 12 Per Gallon Rates [See Section 90-138 & 90-137 for full scope of fees] ...................................................... 13 Impact Fees ................................................................................................................................................... 14 Stormwater Rates* ........................................................................................................................................ 14 Engineering Plan Review Fees ..................................................................................................................... 15 Parks and Recreation............................................................................................................................................. 16 Library................................................................................................................................................................... 20 Fire Department .................................................................................................................................................... 21 Police Department ................................................................................................................................................. 22 Code Enforcement ........................................................................................................................................ 23 Animal Services ............................................................................................................................................ 24 Miscellaneous Fees ............................................................................................................................................... 26 Residential and Commercial Solid Waste, Yard Refuse, and Recycling ..................................................... 26 Natural gas utility franchise to the Okaloosa Gas District ............................................................................ 27 Recycling Services ........................................................................................................................................ 27 Assessment for law enforcement education .................................................................................................. 27 Sidewalk Fund Contribution ......................................................................................................................... 27 Page 247 of 299 Page 3 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 City Clerk Category Fee Description Current Rate Implemented Public Records Requests Base fee (requests that take longer than 30 minutes) Fees incurred in the processing of a public records request (determined by the cost of the highest paid staff member acting upon the request) (Hourly base rate of pay + value of benefits) x hours worked on request Resolution 2022-21 Copy Fee 14” x 8 ½” or less, one-sided, per page 14” x 8 ½” or less, two-sided, per page 11” x 17”, per page Flash Drive Certified copies, per page, in addition to copy fee Audio recordings Outside reproduction $0.15 $0.20 $0.25 $1.00 $1.00 Actual cost of duplication, plus administrative fees Actual cost of duplication, plus administrative fees Resolution 2022-21 Page 248 of 299 Page 4 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Community Development Services Category Fee Description Current Rate Implemented Business Tax Receipts Business Tax Receipts Base Fee $22.50 Ordinance 1949 Commercial Life Safety Fee $65.00 Ordinance 1949 Additional Inspection Fee $65.00 Ordinance 1949 Penalty for delinquent payment See Section 18-2, reference §205.053, Florida Statutes Reference §205.053, Florida Statutes Resolution 2020-13 Planning and Zoning Subdivisions Master Planned Development $2,000.00 base fee, plus $20.00 per acre or fraction thereof Resolution 2020-13 Residential development (subdivision) $350.00 base fee, plus $15.00 per lot Resolution 2020-13 Residential planned unit development $800.00 base fee, plus $15.00 per lot/unit Resolution 2020-13 Commercial and industrial development (subdivision) $350.00 base fee, plus $15.00 per lot Resolution 2020-13 Planned mixed development district $800.00 base fee, plus, $15.00 per lot Resolution 2020-13 Mobile home parks $350.00 base fee, plus $15.00 per lot Resolution 2020-13 Commercial/industrial site plan reviews. Area-wide impact projects (commercial & industrial site plan review) $2,000.00 for the 1st 100,000 square feet, plus $20.00 per 1,000 square feet or fraction thereof Resolution 2020-13 Development projects (commercial & industrial site plan review) $500.00 base fee for the 1st 10,000 square feet, plus $40.00 per 1,000 square feet or fraction thereof Resolution 2020-13 Commercial interior remodel or interior build out (commercial & industrial site plan review) 2,000 square feet or less: $250.00 2,001 square feet or greater: $350.00 Resolution 2020-13 Administrative Fees Administrative Deviation $125.00 Resolution 2020-13 Administrative Permit $125.00 Ordinance 1949 Development Order Amendment $150.00 Ordinance 1949 Out-of-city utility request for water and/or sewer Residential: $30.00 for water and/or sewer, plus impact fees (if necessary) Commercial: $100.00 for water and/or sewer, plus impact fees (if necessary) Resolution 2020-13 Land clearing/protected tree removal $125.00 Ordinance 1949 Zoning and code compliance plan review for permitting $35.00 Ordinance 1949 Page 249 of 299 Page 5 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Administrative Fees Zoning verification letter, comprehensive plan consistency letter $55.00 Ordinance 1949 Lot Split/Lot Line Adjustment $125.00 Ordinance 1949 Tree Mitigation $150.00 per diameter inch for total inches of protected or required trees removed Ordinance 1957 GIS City Limits Map (24”x36”) $15.00 Resolution 2020-13 Zoning Map (24”x36”) $15.00 Resolution 2020-13 Future Land Use Map (24”x36”) $15.00 Resolution 2020-13 CRA District Map (24”x36”) $15.00 Resolution 2020-13 Concurrency Evaluation Review Per building (single family, commercial or multi-family) $35.00 Resolution 2020-13 Local planning application, and processing fees. Voluntary annexation into the city (includes comp plan amendment and rezoning.) 50 acres or less: $1,200.00 Greater than 50 acres: $1,200.00 plus $10 per acre or fraction thereof All costs included. Ordinance 1949 Moratorium effective for 12 months beginning March 1, 2023, and ending on February 29, 2024. The waiver shall be applied to all applicable Annexation, Comprehensive Plan Amendment, and Zoning Change applications, being annexed into the City of Crestview. This fee waiver is only applicable to those applications as described above and shall not be applied to Comprehensive Plan Amendments or Zoning Change applications absent an annexation application for the same property(s). The waiver shall not be applied retroactively to any application for annexation, nor shall it apply to any annexation application that was voluntarily cancelled within 180 days of the effective date of this section. Comprehensive plan amendments, small scale $2,500.00 All costs included. Resolution 2020-13 Conventional comprehensive plan amendments $2,500.00 plus $10.00 per acre or fraction thereof All costs included. Resolution 2020-13 Zoning changes $750.00 All costs included. Resolution 2020-13 Replat request $50.00, All costs included. Resolution 2020-13 Right of way or plat vacation $600.00 All costs included. Resolution 2020-13 Page 250 of 299 Page 6 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Variances and special exceptions $1500.00 All costs included. Resolution 2020-13 Appeals to the Planning & Development Board $1,000.00 Resolution 2020-13 Development Agreement $2,500.00 Ordinance 1949 Development Agreement Amendment $2,500.00 Ordinance 1949 Land Development Code Text Amendments $1,000.00 Ordinance 1949 Page 251 of 299 Page 7 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Building Permits General Fees Building Permit Processing Fee (Base Fee) $55.00 If the permit fee does not cover the costs of the required inspections, a trip charge of $45.00 shall be added for each inspection not covered by the permit fees. Resolution 2020-13 Change of contractor, transfer of permit Prorate balance of work Resolution 2020-13 Expired permit Re-issuance-50 percent of the original fee paid if the fee is paid within 30 days of the expiration date. After 30 days, the full original fee is due. Resolution 2020-13 Undervalued permits if the building permit valuation appears to be underestimated on the application, the permit may be withheld unless the applicant can show detailed cost estimates which meet the approval of the building official. The building official may require a copy of the construction contract to be submitted with the permit application. Resolution 2020-13 Plan Review Fees Plan check fee 25% SFD 50% of building fee for occupancies other than one- and two-family dwellings Resolution 2020-13 Threshold building transmittal/processing/ICC The applicant shall pay the applicable fees assessed by the ICC at the time plans are submitted. Resolution 2020-13 Addendum fee $75.00 An addendum applies to changes that occur during construction that results in plan revisions. Resolution 2020-13 Revision fee $75.00 Revision fees apply to plans which are still under review prior to permit issuance, that do not comply with the Florida Building Code and which have been returned to the applicant for revisions Resolution 2020-13 Re-submittal fee Plans that are resubmitted to be re-reviewed shall be subject to a fee equal to ½ original plan review fee. Resolution 2020-13 * A Surcharge will be collected in accordance with and for the purposes stated in F.S 468.631 & 553.721 Page 252 of 299 Page 8 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Construction Permit Fees Master Permit Fees $15,000 and less $35.00 for the first $7,000.00 plus $5.00 for each additional thousand or fraction thereof, up to and including $15,000.00. Resolution 2020-13 $15,000.01 to $50,000.00 $75.00 for the first $15,000.00 plus $4.00 for each additional thousand or fraction thereof, up to and including $50,000.00. Resolution 2020-13 $50,000.01 to $100,000.00 $215.00 for the first $50,000.00 plus $3.00 for each additional thousand or fraction thereof, up to and including $100,000.00. Resolution 2020-13 $100,000.01 to $500,000.00 $365.00 for the first $100,000.00 plus $2.00 for each additional thousand or fraction thereof, up to and including $500,000.00. Resolution 2020-13 $500,000.01 and up $1,165.00 for the first $500,000.00 plus $1.25 for each additional thousand or fraction thereof. Resolution 2020-13 Moving Structure Fee To move any non-portable structure from one lot to another noncontiguous lot within the city, $175.00. Resolution 2020-13 To move any non-portable structure from outside of the city limits to a lot within the city limits, $250.00. Resolution 2020-13 To move any non-portable structure from one location to another location within the same lot, parcel or tract, $45.00. Resolution 2020-13 A separate building permit shall be secured for the foundation upon which such structure shall be placed, $90.00. Resolution 2020-13 Other Construction Permit Fees Mobile Home Fee $35.00 for the first $7,000.00 plus $5.00 for each additional thousand or fraction thereof, up to and including $15,000.00. Resolution 2020-13 Demolition Fee $59.50 plus $9.45 per 2,000 sq ft above 20,000 sq ft or fraction thereof Resolution 2020-13 Change of use fee $30.00 and a certificate of occupancy shall be reissued upon determining compliance Resolution 2020-13 Annual facility permit fees $150.00 and shall be valid for one-year from date of issuance, separate permit for each trade. Resolution 2020-13 Inspection Fees Temporary use permit fee $45.00 Resolution 2020-13 Additional Inspection Fee $45.00 Resolution 2020-13 After Hours Inspection Fee $100.00 per hour with a one- hour minimum charge Resolution 2020-13 Re-Inspection Fee First - $30.00 Second - $50.00 Third and more - $120.00 Resolution 2020-13 Certificates of Occupancy Certificate of Occupancy $38.00 Resolution 2020-13 Certificate of Completion $38.00 Resolution 2020-13 Temporary Certificate of Occupancy $200.00 Resolution 2020-13 TCO Extensions $50.00 Each Resolution 2020-13 Page 253 of 299 Page 9 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Electrical Permits Base Permit Fee Base Permit Fee $55.00 Resolution 2020-13 Service Fees (Includes Generators) Temporary Pole up to 100 Amp. $35.00 Resolution 2020-13 Temporary Pole over 100 Amp. $50.00 Resolution 2020-13 Main Service up to 100 Amp. $45.00 Plus, per circuit $1.85 Resolution 2020-13 Main Service 101 Amp. to 200 Amp. $70.00 Plus, per circuit $1.85 Resolution 2020-13 Main Service 201 Amp. to 400 Amp. $85.00 Plus, per circuit $1.85 Resolution 2020-13 Main Service 401 Amp. to 600 Amp. $105.00 Plus, per circuit $1.85 Resolution 2020-13 Main Service 601 Amp. to 800 Amp. $120.00 Plus, per circuit 2.25 Resolution 2020-13 Main Service over 800 Amp $0.20 per amperes $100.00 Plus, per circuit $2.50 Resolution 2020-13 Sub panel derived from main service $40.00 plus $1.85 per circuit Resolution 2020-13 Reconnect meter inspection fee $30.00 Resolution 2020-13 Electrical Motor Fees Motor up to 1 HP $5.00 Plus, per circuit $1.85 Resolution 2020-13 Motors over 1 HP up to 3 HP $7.00 Plus, per circuit $1.85 Resolution 2020-13 Motors over 3 HP up to 5 HP $9.00 Plus, per circuit $1.85 Resolution 2020-13 Motors over 5 HP up to 8 HP $10.00 Plus, per circuit $1.85 Resolution 2020-13 Motors over 8 HP up to 10 HP $12.00 Plus, per circuit $1.85 Resolution 2020-13 Motors over 10 HP up to 25 HP $14.00 Plus, per circuit $1.85 Resolution 2020-13 Motors over 25 HP $17.00 Plus, per circuit $1.85 Resolution 2020-13 Miscellaneous Fees Branch Circuits, Feeders $2.50 Resolution 2020-13 Repair (Work-With) $30.00 Resolution 2020-13 Elevator, Electrical $175.00 Resolution 2020-13 Swimming Pool Fees Private swimming pool electrical $30.00 Plus, per circuit $1.85 Resolution 2020-13 Public swimming pool electrical $100.00 Plus, per circuit $1.85 Resolution 2020-13 Transformer Fees Transformer up to 50 Amp. $25.00 Plus, per circuit $1.85 Resolution 2020-13 Transformer over 50 Amp. $35.00 Plus, per circuit $1.85 Resolution 2020-13 X-Ray Unit Fees Initial Unit $50.00 Plus, per circuit $1.85 Resolution 2020-13 Each Additional Unit $25.00 Plus, per circuit $1.85 Resolution 2020-13 Alarm System Fees Security Alarm Permit (wired) $40.00 Plus, per circuit $1.85 Resolution 2020-13 Fire Alarm up to $999.99 $70.00 Plus, per circuit $1.85 Resolution 2020-13 Fire Alarm $1000-$4999.99 $100.00 Plus, per circuit $1.85 Resolution 2020-13 Fire Alarm $5000-$9999.99 $150.00 Plus, per circuit $1.85 Resolution 2020-13 Fire Alarm $10,000 and up $200.00 Plus, per circuit $1.85 Resolution 2020-13 Early Power (No Master Permit) Commercial Power, First service $38.00 Resolution 2020-13 Commercial Power, Each additional service $38.00 Resolution 2020-13 Residential Power, First service $38.00 Resolution 2020-13 Residential Power, Each additional service $38.00 Resolution 2020-13 Irrigation Shallow Well $35.00 Resolution 2020-13 Residential (1 &2 Family) $30.00 Resolution 2020-13 Commercial $70.00 Resolution 2020-13 Gas Gas Fixture (New) $3.50 Resolution 2020-13 Gas Fixture (Replacement) $30.00 Resolution 2020-13 Gas Line (Repair or Replacement) $30.00 Resolution 2020-13 Page 254 of 299 Page 10 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Mechanical Permits and Inspections General Fees Base permit fee $55.00 Resolution 2020-13 Electric Heating Fees, each system $15.00 for the first $1,000 or fraction thereof of the valuation of installation plus $2.75 for each additional $1,000 or fraction thereof Resolution 2020-13 Central air conditioning (including heat pump) fees, each system $15.00 for the first $1,000 or fraction thereof of the valuation of installation plus $2.75 for each additional $1,000 or fraction thereof Resolution 2020-13 Miscellaneous Fees Standard Miscellaneous Fee $5.80 plus $3.45 for each additional $1,000 or fraction thereof Resolution 2020-13 Rehabilitation of Substandard Reduced by 50% housing, unless permit is for minimum of $5.00. Repairs, alterations and additions to an existing system under $500.00 Resolution 2020-13 Commercial kitchen exhaust hood $15.00 for the first $1,000 or fraction thereof of the valuation of installation plus $2.75 for each additional $1,000 or fraction thereof Resolution 2020-13 Plumbing General Fees Base Permit Fee $55.00 Resolution 2020-13 Plus, per fixture, floor drain or trap, including water and drainage pipe $3.50 Resolution 2020-13 Electric Water Heater Replacement $30.00 Resolution 2020-13 Grease trap/interceptor, new and replacement, per interceptor Sink interceptor/underground system $150.00 Resolution 2020-13 Repair or replacement of any water distribution line, building drain piping, or sewer line $30.00 Resolution 2020-13 Water and Sewer Permit Fees Per each residential sewer/water tap and line roughed in $30.00 Resolution 2020-13 Per each non-residential sewer/water tap and line roughed in $45.00 Resolution 2020-13 Fire Sprinkler System Permit One- and two-family dwellings $120.00 per building Resolution 2020-13 Commercial; small, six heads or less $120.00 per building Resolution 2020-13 Commercial; large, seven or more heads $250.00 per building Resolution 2020-13 Existing systems; each relocated or additional sprinkler head $5.00 Resolution 2020-13 Exhaust hood fire suppression system $60.00 per hood system Resolution 2020-13 Floodplain Development Permit Minor Development Accessory Structures $30.00 Resolution 2020-13 Habitable buildings $100.00 Resolution 2020-13 Major Development New development $250.00 Resolution 2020-13 Other development $200.00 Resolution 2020-13 Miscellaneous Letter of map change/ flood study review $150.00 Resolution 2020-13 Installation of pollutant/hazardous storage tank fees Above ground $175.00 Resolution 2020-13 Underground $350.00 Resolution 2020-13 Removal of storage tank $70.00 Resolution 2020-13 Page 255 of 299 Page 11 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Driveway permit inspection Residential (one-and two-family dwellings) $35.00 Resolution 2020-13 Commercial (all other driveways)) $50.00 Resolution 2020-13 In ground swimming pool permit Private pools and spas $135.00 Resolution 2020-13 Public pool fees shall be assed based on the contract price of the pool See Master Permit fees Resolution 2020-13 Pool modifications $100.00 Resolution 2020-13 Minor residential accessory structure permit One-and two-family dwellings $15.00 Resolution 2020-13 Sign Permit Fees $15,000 and less $35.00 for the first $7,000.00 plus $5.00 for each additional thousand or fraction thereof, up to and including $15,000.00. Resolution 2020-13 $15,000.01 to $50,000.00 $75.00 for the first $15,000.00 plus $4.00 for each additional thousand or fraction thereof, up to and including $50,000.00. Resolution 2020-13 $50,000.01 to $100,000.00 $215.00 for the first $50,000.00 plus $3.00 for each additional thousand or fraction thereof, up to and including $100,000.00. Resolution 2020-13 $100,000.01 to $500,000.00 $365.00 for the first $100,000.00 plus $2.00 for each additional thousand or fraction thereof, up to and including $500,000.00. Resolution 2020-13 $500,000.01 and up $1,165.00 for the first $500,000.00 plus $1.25 for each additional thousand or fraction thereof. Resolution 2020-13 Miscellaneous Permit Fees Work Without Permit Owner-builders Fee of two times the usual permit fee for each required permit Resolution 2020-13 Contractors Fee of four times the usual permit fee plus an additional $500.00 each occurrence for each required permit Resolution 2020-13 Special Circumstances Reduced fee or no-cost permits Reduced fee or no-cost permits shall not be granted pursuant to F.S. § 553.80(7)(b)(2), except for city projects carried out by the city public services department employees. Costs for these permits shall be covered by utilities and other services provided by the city at no expense to the building division. Resolution 2020-13 Refunds of permit fees Conditional; no work has commenced, & permit has not expired; requires written notice to the BO. Shall not include base fee or plan review fee if applicable. Resolution 2020-13 Page 256 of 299 Page 12 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Public Services Category Fee Description Current Rate Implemented Water and Sewer Connection Fees Inside City Limits Water Connection 3/4“ $992.00 Ordinance 1949 1” $1,240.00 Ordinance 1949 1 1/2” $1,860.00 Ordinance 1949 2” $4,960 Ordinance 1949 Larger than 2” At Cost plus $250.00 for installation Ordinance 1949 *Additional Road Cut $750.00 Ordinance 1949 **Additional Pipe Footage in excess of 50’ $250.00 for each additional 20’ Ordinance 1949 Sewer Connection Residential 4” $1,884.00 Ordinance 1949 Commercial 4” $2,145.00 Ordinance 1949 Commercial 6” $2,703.00 Ordinance 1949 Commercial 8” $3298.40 Ordinance 1949 *Additional Road Cut $750.00 Ordinance 1949 **Additional Pipe Footage in excess of 40’ $250.00 for each additional 20’ Ordinance 1949 Backflow Inspection Residential Backflow prevention device (up to 4”) $45.00 Ordinance 1949 Outside City Limits Water Connection 3/4“ $1488.00 Ordinance 1949 1” $1860.00 Ordinance 1949 1 1/2” $2790.00 Ordinance 1949 2” $7440.00 Ordinance 1949 Larger than 2” At Cost plus $250.00 for installation Ordinance 1949 Sewer Connection Residential 4” $2827.20 Ordinance 1949 Commercial 4” $3217.80 Ordinance 1949 Commercial 6” $4054.80 Ordinance 1949 Commercial 8” $4947.60 Ordinance 1949 *Additional Road Cut $750.00 Ordinance 1949 **Additional pipe footage in excess of 40” $250.00 per 20’ Ordinance 1949 Backflow Inspection Residential backflow prevention device $67.50 Ordinance 1949 Other Water and Sewer Charges Deposits Inside Residential $100 Ordinance 1949 Outside Residential $125.00 Ordinance 1949 Inside Commercial $300.00 Ordinance 1949 Outside Commercial $350.00 Ordinance 1949 Minimum Average Bill Water $13.02 Ordinance 1949 Sewer (subtract if on septic) $24.20 Ordinance 1949 Garbage $33.98 Ordinance 1957 Stormwater $2.50 Ordinance 1957 Total $73.70 Ordinance 1957 Lock Damaged $20.00 Ordinance 1949 Curb Stop Damaged $75.00 Ordinance 1949 Register Damaged $125,00 Ordinance 1949 Pull meter/replace meter (Customer request) $200.00 Ordinance 1949 Meter Test $75.00 Ordinance 1949 Septic to Sewer Ordinance 1949 Page 257 of 299 Page 13 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Restoration of water service through existing connection A person desiring to have water service restored…” [See Section 90-30 for full scope of fee] Equal to new water service connection fee Ordinance 1949 “Utility service may be restored or continued…” [See Section 90-139 for full scope of fee] Equal to new water service connection fee Ordinance 1949 Transfer of utility services from one location to another “A customer desiring to transfer his utility…” [See Section 90-31 for full scope of fee] $20.00 Ordinance 1949 Temporary connection of utilities “In the event a landlord, homeowner, or …” [See Section 90-32 for full scope of fee] Water and Sewer Service Garbage Service $40.00 Ordinance 1949 Private Sewage Disposal System Permit and Inspection Fee $150.00 Ordinance 1949 Damaged MXU Single Port MXU $179.80 Ordinance 1949 Dual Port MXU $204.60 One Triple Wire $22.94 Building Sewer Permit and Inspection Fee Residential, Commercial or Industrial $150.00 Ordinance 1949 Hydrant Meter Deposit Residential, Commercial or Industrial $1,000.00 Ordinance 1949 Hydrant Meter Installation Residential, Commercial or Industrial $50.00 Ordinance 1949 Construction Water Deposit Residential, Commercial or Industrial $35.00 Ordinance 1949 Cleaning Water Deposit Residential, Commercial or Industrial $40.00 Ordinance 1949 Cleaning Water Turn On/Off Fee Residential, Commercial or Industrial $25.00 Ordinance 1949 Vacation Turn Off/On Fee Residential $30.00 Ordinance 1949 After Hours Service Residential, Commercial or Industrial $75.00 Ordinance 1949 Re-Verify Service Connection Residential, Commercial or Industrial $150.00 Ordinance 1949 Unauthorized Use Fine Residential, Commercial or Industrial $500.00 Ordinance 1949 Per Gallon Rates [See Section 90-138 & 90-137 for full scope of fees] Inside City Limits Residential Water Base Fee (up to 2,000 gallons) $13.02 Ordinance 1949 Next 3,000 gallons of water consumed, rate per 1,000 gallons $2.78 Ordinance 1949 Next 5,000 gallons of water consumed, rate per 1,000 gallons $2.84 Ordinance 1949 Next 10,000 gallons of water consumed, rate per 1,000 gallons $3.12 Ordinance 1957 Over 20,000 gallons of water consumed, rate per 1,000 gallons $3.53 Ordinance 1949 Residential Sewer Base Fee (up to 2,000 gallons) $24.20 Ordinance 1949 Next 14,000 gallons of water consumed, rate per 1,000 gallons $7.33 Ordinance 1949 Over 16,000 gallons of water consumed rate per 1,000 gallons (Max Charge) $126.72 Ordinance 1957 Commercial Water Minimum charge (includes the first 1,000 gallons of water consumed) $16.15 Ordinance 1949 Next 4,000 gallons of water consumed, rate per 1,000 gallons $2.78 Ordinance 1949 Next 5,000 gallons of water consumed, rate per 1,000 gallons $2.84 Ordinance 1949 Next 10,000 gallons of water consumed, rate per 1,000 gallons $3.12 Ordinance 1949 Over 20,000 gallons of water consumed, rate per 1,000 gallons $3.53 Ordinance 1949 Commercial Sewer Minimum charge (includes the first 1,000 gallons of water consumed) $26.45 Rate per 1,000 gallons consumed after initial 1,000 gallons consumption $7.33 Page 258 of 299 Page 14 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Outside City Limits Residential Water Base Fee (up to 2,000 gallons) $19.53 Ordinance 1949 Next 3,000 gallons of water consumed, rate per 1,000 gallons $4.16 Ordinance 1949 Next 5,000 gallons of water consumed, rate per 1,000 gallons $4.27 Ordinance 1949 Next 10,000 gallons of water consumed, rate per 1,000 gallons $4.67 Ordinance 1949 Over 20,000 gallons of water consumed, rate per 1,000 gallons $5.28 Ordinance 1949 Residential Sewer Base Fee (up to 2,000 gallons) $36.31 Ordinance 1949 Next 14,000 gallons of water consumed, rate per 1,000 gallons $10.99per 1000 over 2000 Ordinance 1949 Over 16,000 gallons of water consumed rate per 1,000 gallons (Max Charge) $190.17 Ordinance 1957 Commercial Water Minimum charge (includes the first 1,000 gallons of water consumed) $24.22 Ordinance 1949 Next 4,000 gallons of water consumed, rate per 1,000 gallons $4.16 Ordinance 1957 Next 5,000 gallons of water consumed, rate per 1,000 gallons $4.27 Ordinance 1949 Next 10,000 gallons of water consumed, rate per 1,000 gallons $4.67 Ordinance 1949 Over 20,000 gallons of water consumed, rate per 1,000 gallons $5.28 Ordinance 1949 Commercial Sewer Minimum charge (includes the first 1,000 gallons of water consumed) $39.68 Ordinance 1957 Rate per 1,000 gallons consumed after initial 1,000 gallons consumption $10.99 per 1000 over 1000 Ordinance 1957 *Out of City Water/Sewer Rates will continue to be charged as allowed by the Code of Ordinances of the City of Crestview. A copy of these rates is available upon request. Impact Fees Water $1,811 per ERU Ordinance 1949 Sanitary Sewer $4,140 per ERU Ordinance 1949 Stormwater Rates* ERU (Equivalent Residential Unit) = $2.50 Base Fee. An ERU is each 2,200 SF above 10,000 SF Residential $2.50 Flat rate Resolution 2020-13 Commercial / Industrial 10,000 sq ft of impervious area $2.50 Monthly Fee / ERU, where the first ERU is equal to 10,000 sq. ft of impervious area; plus $2.50 Monthly Fee/ERU for each additional 3,000 sq. ft of additional impervious area up to a maximum of 9 additional ERUS (a total monthly maximum of 10 ERUs or $25.00). Fractions round to the next whole number (i.e., 3.4 rounds to 4). Resolution 2020-13 Credit A Up to 30% reduction given for volume/rate control in excess of design storm Resolution 2020-13 Credit B Up to 30% reduction given for significant control of offsite runoff Resolution 2020-13 *Stormwater utility rates only apply to Customers inside the City limits of Crestview. Page 259 of 299 Page 15 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Engineering Plan Review Fees Commercial and Industrial Projects Minor: Sites under/equal 2ac disturbed area $500 Ordinance 1949 Standard: Sites over 2ac under 10ac disturbed area $800 Ordinance 1949 Major: Sites over 10ac disturbed area $1,200 Ordinance 1949 Site Plan Re-review $250 Ordinance 1949 Site Inspection $250 Ordinance 1949 Reinspection $150 Ordinance 1949 Subdivision Projects Subdivision Plan Review: 10 lots (500), 50 lots (1500), 100 lots (2750) $250+$25/lot Ordinance 1949 Subdivision Plan Re-review $250 Ordinance 1949 Subdivision Plan Re-review $300 Ordinance 1949 Subdivision Inspection 10 lots (400), 50 lots (1400), 100 lots (2650) $150+$25/lot Ordinance 1949 Subdivision Reinspection: 10 lots (250), 50 lots (650), 100 lots (1150) $150+$10/lot Ordinance 1949 Miscellaneous Utility Availability Letters $25 Ordinance 1949 Page 260 of 299 Page 16 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Parks and Recreation Category Fee Description Current Rate Implemented Attendant Fees** Apply to all indoor rentals, 4-hour minimum $25.00 per hour Ordinance 1949 Before and After Hours Before 8:00am (no earlier than 6:00am) After 10:00pm (no later than 1:00am) $25 per hour Ordinance 1949 Governmental Rates (8 Hour Day) (Schools, Chambers, Governmental Agencies) Inside Okaloosa County Outside Okaloosa County $150, $20 per hour after 8 hours $250, $20 per hour after 8 hours Resolution 2022-21 Early Setup and Late Tear Down (Subject to Availability) The Day before or after an event $100.00 per day Resolution 2022-21 Spanish Trail Amphitheater Deposit Alcohol (Non-profit only may sell alcohol) $100 $200 Resolution 2020-13 0-2 Hours $75 Resolution 2020-13 2-4 Hours $150 Resolution 2020-13 4-8 Hours $200 Resolution 2020-13 8+ Hours $300 Resolution 2020-13 2 Day Rental (1st day up to 8 hours, 2nd day all day) $400 Resolution 2020-13 Senior Center (attendant fee applies) Deposit $25 Resolution 2022-21 Per Hour $10 Resolution 2022-21 Pavilions / Gazebo (Includes all pavilions at OSTP & Twin Hills and the gazebo at Twin Hills) All Day $10 Resolution 2020-13 Allen Park Deposit $0 Resolution 2020-13 Per Day $25 Resolution 2020-13 Twin Hills Gymnasium *Attendant fee applies (NOT included in above prices) Deposit $50 Resolution 2020-13 0-2 Hours $150 Resolution 2022-21 2-4 Hours $300 Resolution 2022-21 4-8 Hours $560 Resolution 2022-21 Library – Conference Room (rental must be made through library) First Hour $50 Ordinance 1949 Per Hour (not to exceed $75 per day) $10 for Nonprofit/ $25 for all other Ordinance 1949 All Fields (Twin Hills – Football, Spanish Trail Park & Durrell Lee – Softball/Baseball) Deposit $50 Resolution 2020-13 Per Hour $10 Resolution 2020-13 Per Hour for Lights $25 Resolution 2020-13 All Food/Craft Vendor Spaces Per Space/240v $25 Resolution 2020-13 With Electricity/Water $30 Resolution 2020-13 Bleacher Delivery Each $250 Resolution 2020-13 Community Center (Rates include attendant to open and close)*** $100 per day for additional consecutive days Deposit Alcohol (Non-profit only may sell alcohol) $200 $300 Resolution 2022-21 City Resident, 0-4 Hours* $280 Resolution 2022-21 City Resident, 4-8 Hours* $380 Resolution 2022-21 City Resident, 8+ Hours* $480 Resolution 2022-21 City Resident, 2 day rental* $580 Resolution 2022-21 Non-city Resident, 0-4 Hours $380 Resolution 2022-21 Non-city Resident, 4-8 Hours $480 Resolution 2022-21 Non-city Resident, 8+ Hours $580 Resolution 2022-21 Non-city Resident, 2 Day Rental $680 Resolution 2022-21 *Non-consecutive rentals will receive a 20% discount (deducted from original rental price); no more than 12 non- consecutive bookings per year will be allowed. **The City reserves the right to assess additional attendant fees as needed. Page 261 of 299 Page 17 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Page 262 of 299 Page 18 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Warriors Hall (Rates include attendant to open and close)*** $100 per day for additional consecutive days Deposit Alcohol (Non-profit only may sell alcohol) $200 $300 Resolution 2022-21 City Resident, 0-4 Hours* $180 Resolution 2022-21 City Resident, 4-8 Hours* $280 Resolution 2022-21 City Resident, 8+ Hours* $380 Resolution 2022-21 City Resident, 2 Day Rental* $480 Resolution 2022-21 Non-city Resident, 0-4 Hours $280 Resolution 2022-21 Non-city Resident, 4-8 Hours $380 Resolution 2022-21 Non-city Resident, 8+ Hours $480 Resolution 2022-21 Non-city Resident, 2 Day Rental $580 Resolution 2022-21 Allen Park Community Center (Rates include attendant to open and close) Deposit: Deposit with alcohol (Non-profit only may sell alcohol) $50 $300 Resolution 2022-21 City Resident: 0-4 hours City Resident: 4-8 hours $75 $125 Resolution 2022-21 Non-city Resident: 0-4 hours Non-city Resident: 4-8 hours $100 $150 Resolution 2022-21 Meeting Rooms Mtg. Rooms B1 or B2: First 2 hrs. First 4 hrs. Additional Hours Capacity $40 $60 $25 25 Resolution 2020-13 Mtg. Room B: First 2 hrs. First 4 hrs. Additional Hours Capacity $40 $60 $30 50 Resolution 2020-13 Mtg. Room C: First 2 hrs. First 4 hrs. Additional Hours Capacity $40 $60 $30 50 Resolution 2020-13 * Meeting Room rentals will be unavailable during Community Center Functions Special Event Permit Application fee Barricade Fee (Includes Delivery & Setup) Street Cleanup Police Presence Parade Traffic Plan Trash Receptacle (each) Electrician Fee (hourly) Stage Rental Set-up Bleacher Rental Set-up Dumpster Rental Dumpster Rental Street Sweeper Utility Service Worker (per hr) Laborer (per hr) Port-a-Toilets reg/handicap Hand Washing Station $100 $175 $500 $30 per hr/per officer $15 $65 $200 $150 $250 20 YD – Pull $300/Disposal $95 ton 30 YD – Pull - $400/Disposal $95 ton $500 $23.77 $50/$75 $50/$75 $75 Ordinance 1957 Special Event Penalty Security violation Custodial service violation Alcohol use without permit Left over signage $1000 $200 $300 $5 per sign Ordinance 1949 Entertainment/Amusement Circus $300 Ordinance 1949 Promotors $300 Carnival $300 Page 263 of 299 Page 19 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Youth Sports Registration City Resident -First Child -Second Child -Third Child -Fourth Child -Fifth Child $60 $50 (total $110) $40 (total $150) $40 (total $190) $40 (total $230) Ordinance 1957 County Resident – First Child -Second Child -Third Child -Fourth Child -Fifth Child $65 $55 (total $120) $45 (total $165) $45 (total $210) $45 (total $255) Cheer (per child) $65 Penalty for violation of Chapter 58 – Parks and Recreation “Any person convicted of any violation under this chapter shall be punished…” [See Section 58-3 for full scope of fine] $50.00 Resolution 2020-13 *Proof of City residency required **The City reserves the right to assess additional attendant fees as needed ***Multiple Bookings – non-consecutive days will receive a 20% discount (no more than 12 non-consecutive bookings allowed per year) Page 264 of 299 Page 20 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Library Category Fee Description Current Rate Implemented Membership Library Cards – Okaloosa County Residents 1st Card is Free Resolution 2020-13 Replacement Cards $2.00 Resolution 2020-13 12-month Out of Network (Not otherwise eligible for library services $60.00 per person/year Resolution 2020-13 6-month out-of-network (Not otherwise eligible for library services) $30.00 per person/6 months Resolution 2020-13 In-network , non-resident $40.00 per family/year Ordinance 1949 Note: Resident: a person living in Okaloosa County, or a non-resident property owner who pays ad valorem taxes to Okaloosa County Out-of-network: non-resident persons who do not physically reside in Okaloosa County or the Panhandle Library Access Network (PLAN) service area. Post office boxes and mailbox rental business addresses are not accepted as proof of residen ce, Non-resident memberships must be purchased in-person at a member library location. In-network: non-resident persons living in the service area of the PLAN. Libraries in these counties contribute toward PLAN services available to Okaloosa County residents. Includes: Escambia, Santa Rosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla and Jefferson counties. Service and Convenience Items Copies (black &white only) $0.15 per page Resolution 2020-13 Faxes (sending or receiving, except for ACCESS Florida) $1.00 per page Resolution 2020-13 Jump drives (4GB) $7.00 each Resolution 2020-13 Earbuds $1.00 each Resolution 2020-13 Miscellaneous Fees Replaced CD/DVD cases $2.00 Resolution 2020-13 Lost/damaged items Cost of item or replacement in kind Resolution 2020-13 Telescope lost or damaged $200.00 Resolution 2020-13 Miscellaneous Repair or Processing $2.00 Resolution 2020-13 Page 265 of 299 Page 21 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Fire Department Category Fee Description Current Rate Implemented Life safety annual permit Hazardous Storage Inspection Fee $98.00 per hour Resolution 2020-13 Life safety plan review fees Site Plan or Revised Site Plan $20.00 Resolution 2020-13 Temporary Use Structure / Site Plan $25.00 Resolution 2020-13 Mobile Vendor $25.00 Resolution 2020-13 Building Plan Review (minimum $15.00) $0.04 per sq ft (minimum $15) a. First Revision of Building – no charge b. Second Revision of Building – ½ first fee. Resolution 2020-13 Fire Protection a. Sprinkler (up to 25 heads) - $30.00 b. Sprinkler (more than 25) $0.25 per head plus - 30.00 c. Revised Sprinkler Plan - $10.00 d. Standpipe – per riser - $25.00 e. Underground - $15.00 f. Fire Pump - $25.00 Resolution 2020-13 Pre-engineered System Hood/Inert Gas - $30.00 Resolution 2020-13 Fire Alarm – per system $30.00 Revised - $10.00 Resolution 2020-13 Fire Flow Test (Hydrant) $25.00 Resolution 2020-13 Page 266 of 299 Page 22 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Police Department Category Fee Description Current Rate Implemented Removing, impounding an immobilization of motor vehicles Service charge for removal of the immobilization device $50.00 (cash or surety bond or other adequate security equal to the amount) Resolution 2020-13 61BNo Parking No parking – left wheels to curb (on two-way street) Blocking Fire Hydrant Parking by disabled permit only Parking overtime (limit in authorized zone) Parking over line Designated fire lane* Parking in a designated no parking zone. $5.00 $20.00 $250.00 $5.00 $5.00 $20.00 $10.00 Resolution 2020-13 If such penalty is not paid within the five working days as above provided, the amount of the civil penalty shall be $1.00 greater than the amount specified for the parking violation as provided above. *Chapter 86-154, Laws of Florida - additional surcharge $5.00 Resolution 2020-13 62BParking Violations (upon hearing by judge) “… If the commission of a violation has been proven, the judge may impose a fine not to exceed…” [See Section 86-44(b) for full scope of fine] Up to $250.00, plus court costs. Resolution 2020-13 Reduction of parking violation penalty “If an individual who has received a parking violation notice…” [See Section 86-44(c) for full scope of fine] $5.00 Resolution 2020-13 Parking Violation Notice Noncompliance “If any person summoned by a parking violation…” [See Section 86-45(b) for full scope of fine] $5.00 Resolution 2020-13 “Any person who fails to respond to the original …” [See Section 86-45(c) for full scope of fine] Up to $250.00 Resolution 2020-13 63BWrecker operator “Any wrecker operator who does not…” [See Section 86- 76(e) for full scope of fee] $50.00 each certificate Resolution 2020-13 64BMaximum rates for towing and storage. “… maximum of $30.00 may be charged to the…” [See Section 86-79 for full scope of fee] $30.00 maximum Resolution 2020-13 Magistrate Red Light Hearing Fee $75.00 Resolution 2021-03 Police and fire public safety facilities fee Single dwelling units $200.00 Resolution 2020-13 Commercial structures Industrial/warehousing structures Public assembly/institutional structures $200.00 E.D.U. (without a building will be assessed one impact fee per acre (rounded to the nearest tenth acre) Resolution 2020-13 Page 267 of 299 Page 23 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Incident Reports, per page, two sided $.20 (not more than 14 inches by 8 1/2 inches) Fees are charged in accordance with Chapter 119.07(4), Florida Statutes The City of Crestview does not receive any fee for these checks. Offense Reports, single sided $.15 (not more than 14 inches by 8 1/2 inches) Certified Copies, per copy $.20 per page, in addition to any other report fee. Records Checks $25.00 by utilizing the Florida Department of Law Enforcement Website. Fingerprints $5.00 for city residents $7.00 for non-city residents *Additional fees paid directly to the Florida Department of Law Enforcement online prior to submittal. Resolution 2020-13 Combat Auto Theft (C.A.T.) Registration Completed online at no cost Resolution 2020-13 Police or Fire Alarm Fourth and additional Activation $50.00 Per alarm Resolution 2020-13 Removing, impounding an immobilization of motor vehicles bearing outstanding citations $50.00 service charge Resolution 2020-13 Accident or Evidentiary Vehicle Storage Fee The owner is responsible for the varying tow fees prior to release. Resolution 2020-13 Code Enforcement General Penalty; continuing violations “…where no specific penalty is provided therefor…” [See section 1-11(a) for full scope of fine.] $500.00 Resolution 2020-13 Nuisance Abatement Board [See Section 2-127 for full scope of fine.] 2-127(a)(1) $250.00 Resolution 2020-13 2-127(a)(4) $500.00 2-127(f) $7,500.00 General “Any person who violates any of the provisions of this section is punishable as provided in F.S. 162 to be imposed by special magistrate…” Up to $250 for first offense $500.00 for the second Resolution 2020-13 Citation 1st Offense Written Citation Resolution 2020-13 2nd Offense $75.00 3rd Offense $150.00 Judgement upon failure to contest citation “… who fails to pay the appropriate civil penalty with the time period allowed, …”[See Section 24-8 for full scope of fine] $500.00 Resolution 2020-13 Administrative Fee Special Magistrate hearings $250.00 Resolution 2021-02 Lien Search Lien search, per address, 1-3 business day turnaround $65.00 Resolution 2022-21 Page 268 of 299 Page 24 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Animal Services Citations Violation Offence Implemented 1st 2nd 3rd 4th + Resolution 2022-14 Sec. 10-7 – Unvaccinated Animals $50.00 $100.00 $250.00 Mandatory Court Appearance Resolution 2022-14 Sec. 10-8 – Barnyard Animals $100.00 $150.00 $200.00 Mandatory Court Appearance Resolution 2022-14 Sec. 10-9 - Humane Treatment $200.00 $400.00 Mandatory Court Appearance Mandatory Court Appearance Resolution 2022-14 Sec. 10-10 – Confinement of Animal(s) in Heat $100.00 $200.00 $400.00 Mandatory Court Appearance Resolution 2022-14 Sec. 10-11 – Physical Control of Dog(s) $100.00 $200.00 $300.00 Mandatory Court Appearance Ordinance 1949 Sec. 10-12(a) – Dog Excreta $50.00 $75.00 $100.00 Mandatory Court Appearance Ordinance 1949 Sec. 10-12(b) - Noise $50.00 $75.00 $100.00 Mandatory Court Appearance Resolution 2022-14 Sec. 10-15 – Dangerous Dog Requirements $300.00 $400.00 Mandatory Court Appearance Mandatory Court Appearance Resolution 2022-14 Sec. 10-16 – Requirements of Owner after dog bite $200.00 Dangerous Dog Investigation Ordinance 1949 Sec. 10-19 – Ownership of a Primary Vector of Rabies $150.00 $300.00 Mandatory Court Appearance Mandatory Court Appearance Resolution 2022-14 Sec. 10-21 – Keeping a Stray Domestic Animal $25.00 $75.00 $200.00 Mandatory Court Appearance Resolution 2022-14 Sec. 10-25 – Disposal of Animal Carcass $50.00 $100.00 $200.00 Mandatory Court Appearance Resolution 2022-14 Sec. 10-26 – Duties of Person Who Injures an Animal $100.00 $200.00 Mandatory Court Appearance Mandatory Court Appearance Resolution 2022-14 Sec. 10-27 – Companion Animals in Motor Vehicle $200.00 $300.00 Mandatory Court Appearance Mandatory Court Appearance Resolution 2022-14 Sec. 10-28 – Animal Exploitation $200.00 $300.00 Mandatory Court Appearance Mandatory Court Appearance Resolution 2022-14 Sec. 10-31 – Trapping an Animal $25.00 $75.00 $200.00 Mandatory Court Appearance Resolution 2022-14 Sec. 10-32 – Poisoning Animals $200.00 Mandatory Court Appearance Mandatory Court Appearance Mandatory Court Appearance Resolution 2022-14 Sec. 10-34 – Animals trained to assist persons with disabilities $100.00 $200.00 $300.00 Mandatory Court Appearance Resolution 2022-14 Sec. 10-35 – Obstruction of Enforcement F.S.§ 775 F.S.§ 775 F.S.§ 775 Mandatory Court Appearance Resolution 2022-14 Page 269 of 299 Page 25 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Administrative Fees Impound/Reclaim 1st: $75.00 2nd: $100.00 3rd: $200.00 4th +: $300.00 Resolution 2022-14 Adoption (Dog) $95.00 Adoption (Cat) $75.00 Boarding $15.00 (per day) Quarantine in-house $25.00 (per day) Quarantine Dangerous Dog $50.00 (per day) Quarantine Dangerous Dog Violation $300.00 (at home) Administrative $10.00 (per violation) Dangerous Dog Hearing $250.00 Dangerous Dog Registration $250.00, plus $100.00 annually Microchip $30.00 Emergency Veterinary Care Actual Billed Amount Court Cost Actual Amount if City Prevails/ Plus Applicable Fees/Fines Page 270 of 299 Page 26 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Miscellaneous Fees Category Fee Description Current Rate Implemented Fee for telecommunications company occupation of rights-of- way. “… providing local telephone service, as defined in section 203.012(3), Florida Statutes (2000), in the city…” [See Section 74-10.1(a)(2) for full scope of fee] $500.00 per linear mile Resolution 2020-13 Special fire services facilities fee. “ In the event that any structure has special fire safety needs…” [See Section 34-25 for full scope of fee] Resolution 2020-13 Residential and Commercial Solid Waste, Yard Refuse, and Recycling Commercial Compactor Size: 30 CU YD Self Contained Disposal Fee Pull Charge Rental Fee $95/Ton $295.00 $917.00 Ordinance 1957 Commercial Compactor Size: 30 CU YD (dry waste only) Disposal Fee Pull Charge Rental Fee $95/Ton $295.00 $415.00 Ordinance 1949 Commercial Compactor Size: 40 CU YD (dry waste only) Disposal Fee Pull Charge Rental Fee $95/Ton $325.00 $445.00 Ordinance 1949 Single Family Residential Rate with Recycling (96 Gallon Bin) Extra Recycling Cart 1x per week Extra Solid Waste Cart 2x per week $33.98 $6.36 $12.72 Ordinance 1957 Commercial Roll Cart 2x per week 1X Week Recycle Extra Cart 2x per week $50.88/month $15.36 $25.44 Ordinance 1957 Commercial Dumpster Service Container Size 2 1 X Week 2 X Week 3 X Week 4 X Week 5 X Week 6 X Week $116.60 $198.22 $289.38 $403.86 $504.56 $604.20 Ordinance 1949 Commercial Dumpster Service Container Size 4 1 X Week 2 X Week 3 X Week 4 X Week 5 X Week 6 X Week $197.16 $347.68 $521.52 $691.12 $870.26 $1045.16 Ordinance 1949 Commercial Dumpster Service Container Size 6 1 X Week 2 X Week 3 X Week 4 X Week 5 X Week 6 X Week $284.08 $483.36 $725.04 $961.42 $1,203.10 $1,445.84 Ordinance 1949 Page 271 of 299 Page 27 of 27 Comprehensive Fee Schedule, Amended December 11, 2023 Category Fee Description Current Rate Implemented Residential and Commercial Solid Waste, Yard Refuse, and Recycling Commercial Dumpster Service Container Size 8 1 X Week 2 X Week 3 X Week 4 X Week 5 X Week 6 X Week $333.90 $591.48 $885.10 $1,177.66 $1,472.34 $1,760.66 Ordinance 1949 Miscellaneous Garbage Fees Dumpster delivery fee (including swaps) Dumpster Latches Dumpster Casters (2&4 yard only) Dumpster Gate Access Fee Commercial Extra Lifts/Yard Dumpster Over Filled Fee Residential Bear Latches $159.00 $15.90 $15.90 $21.20 $15.90 $79.50 $3.82 per month Ordinance 1957 Natural gas utility franchise to the Okaloosa Gas District Rates as charged by Okaloosa Gas Resolution 2020-13 Recycling Services “… per residence shall be assessed for curbside services …” [See Section 70-44(a) for full scope of fee] $1.65 per month Resolution 2020-13 Article III. – Stormwater Management: Civil & Criminal Penalties “… criminal penalties. In addition to or as an alternative to any penalty provided in this article …” [See Section 30-59(b) for full scope of fine] $100.00 - $1000.00 Resolution 2020-13 Assessment for law enforcement education “… all county courts within this county created by Article V of the state constitution, …” [See Section 46-12(a) for full scope of fines] Per violation of state penal criminal statute or municipal ordinance Per every bond estreature or forfeited bail bond related to such penal statute or penal ordinance $3.00 $2.00 Resolution 2020-13 Sidewalk Fund Contribution Required where no adjacent sidewalk network exists for a development to connect to. Equivalent cost per linear foot of sidewalks that would typically be required along the street frontage of subject property. (Land Development Code Section 8.05.00). $13.00 per square foot ($65.00 per linear foot for 5’ wide sidewalk), subject to cost of material at the time fund contribution is made Resolution 2023-7 Page 272 of 299 CITY OF CRESTVIEW Item # 8.1. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: 1st reading no PDB TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jessica Leavins, Administrative Services Director DATE: 12/6/2023 SUBJECT: Ordinance 1958 - Amending the City of Crestview Police Officers and Firefighters Retirement Plan BACKGROUND: Ordinance 1951 was adopted on September 25, 2023 without the 25 and out language clearly specified. The Legal Ad will appear in the Crestview News Bulletin on December 14, 2023, as per Statute. DISCUSSION: This request for approval is in an effort to clearly lay out the terms of the recently approved "25 and out" program. 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 273 of 299 RECOMMENDED ACTION Staff respectfully requests a motion to approve Ordinance 1958 on 1st reading and move it to 2nd reading for adoption. Attachments 1. Updated 25 and out Ordinance Page 274 of 299 ORDINANCE: 1958 An Ordinance of the City of Crestview, Florida; Amending the City of Crestview Police Officers’ and Firefighters’ Retirement Plan, Adopted by Ordinance No. 780, as Subsequently Amended; Amending and Renumbering Section 6 Benefit Amounts and Eligibility and Supplemental Benefit; Providing for Inclusion In the Code; Providing For Severability; Providing For A Repealer; and Providing For An Effective Date WHEREAS, the City of Crestview Police Officers’ and Firefighters’ are currently provided pension and certain other benefits under Ordinances of the City of Crestview;WHEREAS, the Board of Trustees of the Plan has recommended amending the Plan as set forth below; WHEREAS, the City Council adopted Ordinance number 1951 on September 25th, 2023. WHEREAS, Section 1 of Ordinance number 1951 incorrectly amended Section 6 Benefit Amounts and Eligibility of the City of Crestview Police Officers’ and Firefighters’ Retirement Plan to include a normal retirement date at the attainment of age fifty-two (52) and the completion of 25 years of credited service. WHEREAS, Section 6 was intended to provide for normal retirement after 25 years of credited service regardless of age. WHEREAS, this Ordinance has been drafted to correct the error in Ordinance number 1951. WHEREAS, amending the normal retirement date as set forth below is in the best interests of the employees and citizens of the City of Crestview; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA: SECTION 1: That the City of Crestview Police Officers’ and Firefighters’ Retirement Plan Section 6, Subsection 1, is hereby amended to read: SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY 1. Normal Retirement Date. A Member’s normal retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age fifty-five (55) and the completion of ten (10) years of Credited Service or the attainment of age fifty-two (52) and the completion of twenty-five (25) years of Credited Service regardless of age. A Member may retire on his normal retirement date or on the first day of any month thereafter, and each Member shall become 100% vested in his accrued benefit on the Member’s normal retirement date. Normal retirement under the System is Retirement from employment with the City on or after the normal retirement date. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Crestview. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Page 275 of 299 SECTION 4: If any section, subsection, sentence, clause, phrase of this Ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. PASSED ON FIRST READING, this ____ day of ___________________, 2023. PASSED AND ADOPTED on the second reading, this ____ day of _____________, 2024. ________________________________________ JB WHITTEN, MAYOR ATTEST: ______________________________________ MARYANNE SCHRADER CITY CLERK Page 276 of 299 ORDINANCE NO.: _____ AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA; AMENDING THE CITY OF CRESTVIEW POLICE OFFICERS’ AND FIREFIGHTERS’ RETIREMENT PLAN, ADOPTED BY ORDINANCE NO. 780, AS SUBSEQUENTLY AMENDED; AMENDING AND RENUMBERING SECTION 6 BENEFIT AMOUNTS AND ELIGIBILITY AND SUPPLEMENTAL BENEFIT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Crestview Police Officers’ and Firefighters’ are currently provided pension and certain other benefits under Ordinances of the City of Crestview; WHEREAS, the Board of Trustees of the Plan has recommended amending the Plan as set forth below; WHEREAS, the City Council adopted Ordinance number 1951 on September 25th, 2023. WHEREAS, Section 1 of Ordinance number 1951 incorrectly amended Section 6 Benefit Amounts and Eligibility of the City of Crestview Police Officers’ and Firefighters’ Retirement Plan to include a normal retirement date at the attainment of age fifty-two (52) and the completion of 25 years of credited service. WHEREAS, Section 6 was intended to provide for normal retirement after 25 years of credited service regardless of age. WHEREAS, this Ordinance has been drafted to correct the error in Ordinance number 1951. WHEREAS, amending the normal retirement date as set forth below is in the best interests of the employees and citizens of the City of Crestview; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA: SECTION 1: That the City of Crestview Police Officers’ and Firefighters’ Retirement Plan Section 6, Subsection 1, is hereby amended to read: SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY Page 277 of 299 2 1. Normal Retirement Date. A Member’s normal retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age fifty-five (55) and the completion of ten (10) years of Credited Service or the attainment of age fifty-two (52) and the completion of twenty- five (25) years of Credited Service regardless of age. A Member may retire on his normal retirement date or on the first day of any month thereafter, and each Member shall become 100% vested in his accrued benefit on the Member’s normal retirement date. Normal retirement under the System is Retirement from employment with the City on or after the normal retirement date. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Crestview. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this Ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. PASSED ON FIRST READING, this ____ day of ___________________, 2023. PASSED AND ADOPTED on the second reading, this ____ day of _____________, 2024. __________________________________________ JB WHITTEN, MAYOR ATTEST: ______________________________________ MARYANNE SCHRADER CITY CLERK Page 278 of 299 CITY OF CRESTVIEW Item # 10.1. Staff Report CITY COUNCIL MEETING DATE: December 11, 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: 12/6/2023 SUBJECT: City Clerk Annual Performance Evaluation BACKGROUND: In 2021, the City Clerk position transitioned from an elected position to an appointed position. Ms. Maryanne Schrader was appointed by the City Council on November 15, 2021. In 2020, the City of Crestview adopted our core values: Teamwork, Respect, Adaptability, Communication, and Knowledge. In 2021, we developed a merit based pay model and employee evaluation system for general employees. Staff are rated on a scale of 0-3 for a score of "needs improvement", "meets expectations" or "exceeds expectations". In October 2023 directors received a 3% cost of living increase. Appointed officials do not receive cost of living increases. DISCUSSION: In accordance with the employment contract, the City Clerk will receive an annual evaluation within 30 days of the date of hire. The City of Crestview has established a procedure for employee evaluations based on our core values. Council members were given evaluation forms at the Council meeting in October 2023. The completed evaluation forms are attached. All scores are on a scale of 1-3. The average ratings are as follows: adaptability 2.8, communication 2.4, knowledge 2.8, respect 3, and teamwork 2.8, for an overall average of 2.76. Comments of note include: new software implementation has gone smoothly, always in a good mood, concerned about communication with the public, suggestion is to work on public record laws with the attorney, shows initiative, empathetic, continue to be impressed by the performance of the Clerk's office under her leadership; all completed forms are attached. Based on the general employee evaluation criteria, a 2.76 would be categorized as "exceeds expectations" and qualify for a 3% merit-based salary increase. 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 FINANCIAL IMPACT Page 279 of 299 The financial impact of any potential salary increase is included in the FY24 budget. RECOMMENDED ACTION Staff respectfully requests the council approve the recommendation of the City Manager, a 6% salary increase, which includes a 3% cost of living and a 3% merit based pay increase. Attachments 1. Evaluation score totals 2. Evaluation forms Page 280 of 299 Adaptability Communication Knowledge Respect Teamwork Total Score Blocker 3 3 3 3 3 3 Brown 3 2 3 3 3 2.8 Bullard 2 2 2 3 3 2.4 Capps 3 2 3 3 2 2.6 Rencich 3 3 3 3 3 3 Average 2.8 2.4 2.8 3 2.8 2.76 Page 281 of 299 Page 282 of 299 Page 283 of 299 Page 284 of 299 Page 285 of 299 Page 286 of 299 Page 287 of 299 Page 288 of 299 Page 289 of 299 Page 290 of 299 Page 291 of 299 CITY OF CRESTVIEW Item # 11.1. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 12/4/2023 SUBJECT: Monthly Update BACKGROUND: The monthly update is provided. DISCUSSION: Codification –A draft has been sent to the legal department of CivicPlus for review. We hope to complete the project early in 2024. Public Records – For the November 1 - 30, 2023 period, we received 56 new requests, with 28 open, 5 days on average to fulfill all requests, 59 requests were closed, and 2 requests were fulfilled outside of the average response time by the end of the period. The average number of hours to fulfill a request was 0 hours at a cost of 0 to staff. We have received $9.00 in payments for the November 2023 reporting period. Community Development (36) and the Police department (15) received the most requests per department with the remaining dispersed between the remaining departments. Laserfiche –The public records portal located on the City Clerk page at: https://city-of-crestview- fl.nextrequest.com/. The portal is utilized to enhance the historical integrity and preservation of our records and ensure records are accessible on a routine basis, as well as in the event of a disaster. The total number of additional pages added for November 2023 is 417. 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 Page 292 of 299 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 n/a Attachments None Page 293 of 299 CITY OF CRESTVIEW Item # 12.1. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Gina Toussaint, Finance Director, Wendy Tarpley, Accountant DATE: 12/6/2023 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 links to the October disbursement registers. Also provided are the monthly Unaudited Monthly Financial Statement for the month ending September 2023, as well as the Pooled Cash Carryforward ending September 2023. Follow this link by clicking on the icon with the arrow for the October Check Register Follow this link by clicking on the icon with the arrow for the Amazon eCheck Register Follow this link by clicking on the icon with the arrow for the Monthly Financial Statement Follow this link by clicking on the icon with the arrow for the Pooled Cash Carryforward 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 Page 294 of 299 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 Attachments None Page 295 of 299 CITY OF CRESTVIEW Item # 12.2. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Tim Bolduc, City Manager DATE: 12/6/2023 SUBJECT: Boards and Committees Update BACKGROUND: Following the September 25, 2023, City Council meeting, several City Council members asked the City Manager to review the current appointment terms of the Boards and Commissions. Community Redevelopment Agency: The Board of Commissioners of the Community Redevelopment Agency shall consist of the members of the City Council and two additional commissioners appointed by the City Council as provided for in Florida Statutes. (Ord. No. 1892 , 8-22-22). Term limits are automatically renewed for a like term unless an appointing official or the City Council as a whole state otherwise at the time of re-election, death, dismissal, or resignation by the appointee. Voting by the membership is promulgated by ordinance. PLANNING DEVELOPMENT BOARD: All members shall be residents of the city and will be appointed by a majority vote of the City Council. The term of office for each member shall be three years, or until a successor is appointed. Terms of office shall commence on the first day of march of the year in which appointed. (c) Alternate members. In addition to the five members, two alternate members may be appointed by a majority vote of the city council to serve as alternates for the term of one year, or until a successor is appointed. Alternate members shall be residents of the city. Whenever a vacancy occurs on the board, the city council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. (Ord. No. 1892 , 8-22-22) EMPLOYEE RETIREMENT BOARD: Council appoints two members, who shall be legal residents of the city. Each Trustee shall serve for a period of two (2) years, unless sooner replaced by the City Council, terminates employment with the City or otherwise vacates their office, whereupon a successor shall be chosen in the manner prescribed by law. Per Ordinance 781. POLICE PENSION BOARD :The Board (of Trustees) shall consist of five (5) Trustees. Two shall be legal residents of the City and appointment made by the City Council; each Trustee shall serve for a period of two (2) years, unless sooner replaced by the City Council, terminates employment with the City or otherwise vacates their office, whereupon a successor shall be chosen in the manner prescribed by law. Per Ordinance 780. CITIZEN ADVISORY BOARD: The Citizen Advisory Committee (CAC) shall consist of five members. Members shall be appointed by a vote of the City Council. Resolution 2020-10 - Section 3. Composition of the Group. The Group shall consist of 7 members that represent the demographics of Crestview and is composed of diverse members. Terms were not addressed in the resolution. DISCUSSION: Page 296 of 299 Determine whether to amend each individual Ordinance and/or Resolution to have a set renewal date across each Board or Committee. 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 No financial impact. RECOMMENDED ACTION Staff is seeking direction on the appointment and terms for board members and committee volunteers. Attachments None Page 297 of 299 CITY OF CRESTVIEW Item # 13.1. Staff Report CITY COUNCIL MEETING DATE: December 11, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 12/4/2023 SUBJECT: Mae Reatha Coleman Citizen of the Year Selection BACKGROUND: Resolution 2020-14 re-established the Mae Reatha Coleman Citizen of the Year Award, which was originally established in 2012. DISCUSSION: The nomination committee met on December 6, 2023 to select a candidate from the submitted nominations. The presentation of the award shall take place at a ceremony prior to the January 8, 2024 City Council 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 Budgeted item. Page 298 of 299 RECOMMENDED ACTION Request a motion to approve the selection of the nomination committee for the Mae Reatha Coleman Citizen of the Year 2023 Award. Attachments None Page 299 of 299