Revised 2/14/18 Board of County Commissioners Wakulla County, Florida Agenda Regular Public Meeting Tuesday, February 20, 2018 @ 5:00 P.M.
Invocation
Pledge of Allegiance
Approval of Agenda: (The Chairman and members of the Board will approve and/or modify the official agenda at this time).
Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting).
(To ensure fairness and encourage participation, citizens who would like to speak on any item will need to fill out a speaker’s card and turn in to Ms. Taylor prior to the beginning of discussion on that particular item. Citizens are allowed a maximum of 3 minutes to speak.)
Awards and Presentations (Members of the Board will have the opportunity to acknowledge members of the community or commendable efforts at this time. Presentations will be made from individuals concerning issue of importance).
2017 FAC Policy Conference RE: Preemption Debate – Commissioner Ralph Thomas (10 Minutes)
Consent (All items contained herein may be voted on with one motion. Consent items are considered to be routine in nature, are typically non-controversial and do not deviate from past Board direction or policy. However, any Commissioner, the County Administrator, or the County Attorney may withdraw an item from the consent agenda, either in writing prior to the meeting, or at the beginning of the meeting and it shall then be voted on individually. Every effort shall be made to provide such a request to the Chairman at least 24 hours before the meeting).
1. Approval of Minutes from the February 5, 2018 Regular Board Meeting (Brent Thurmond, Clerk of Court)
2. Approval of Bills and Vouchers Submitted for January 31, 2018 through February 13, 2018 (Brent Thurmond, Clerk of Court)
3. Request Board Approval to Accept and Award ITB No. 2018-01 Ivan Church Road Widening and Resurfacing (SCRAP) to Peavy and Son Construction, Approval of the Construction Agreement, and Approval of Work Authorization No. 18-06 with Anchor CEI, Inc. for Construction Engineering and Inspection Services (Brandy King, Fiscal Operations Director)
4. Request Board Approval of a License Agreement Between Wakulla County and NextEdge Networks, LLC for Space at the Shell Point Bath House (Cody Solburg, Parks & Facilities Maintenance Director)
5. Request Board Approval of a Temporary Road Closure for the St. Patrick’s Day Parade on Saturday, March 17, 2018 (Jared Miller, Sheriff, WCSO)
6. Request Board Approval of an Interlocal Agreement Between Wakulla County and the City of St. Marks for Certain Municipal Services (Jessica Welch, Communications & Public Services Director)
7. Request Board Approval of a Resolution Approving and Authorizing the Execution of a Lease Agreement for Use of a Portion of Florida Department of Transportation Right-of-Way for a Temporary Ochlockonee Bay Bicycle Trail Trailhead Parking Area at the Intersection of U.S. Highway 98 and County Road 372; Accepting the Conveyance of Land by a Public Purpose Quitclaim Deed for Adjoining Property to be Used as a Future Location for the Trailhead Facilities (Sheree Keeler, Intergovernmental Affairs & RESTORE Act Director)
8. Request Board Approval of a Resolution Replacing and Appointing a Member to the Wakulla County Historic Preservation Committee (Somer Pell, Planning & Community Development Director)
9. Request Board Approval to Schedule and Advertise Public Hearings Regarding an Ordinance Amending Section 6-18 of the Land Development Code Pertaining to Signs (Somer Pell, Planning & Community Development Director)
10. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of an Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-01 Pertaining to the Conservation Element (Somer Pell, Planning & Community Development Director)
11. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of an Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-02 Pertaining to the Coastal Management Element and Recreation and Open Space Element (Somer Pell, Planning & Community Development Director)
12. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of an Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-03 Pertaining to the Economic Development Element and Housing Element (Somer Pell, Planning & Community Development Director)
13. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of an Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-04 Pertaining to the Capital Improvements Element and Infrastructure Element (Somer Pell, Planning & Community Development Director)
14. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of an Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-05 Pertaining to the Concurrency Management System and Transportation Element (Somer Pell, Planning & Community Development Director)
15. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of an Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-06 Pertaining to the Future Land Use Element (Somer Pell, Planning & Community Development Director)
16. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of an Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-07 Pertaining to the Intergovernmental Coordination Element and Public School Facilities Element (Somer Pell, Planning & Community Development Director)
Consent Items Pulled for Discussion (Members requesting further information on items placed under “Consent Agenda,” may withdraw those items and place them here, for further discussion).
General Business (General Business items are items of a general nature that require Board directions or pertain to Board policy
23. Request Board Approval of the Emergency Procurement Report and Approve Payments to Cinch Underground, Inc. in the Amount of $26,080.00 and Core & Main LP in the Amount of $19,006.06 for the Sewer Force Main Repair at Lift Station #76 (Cleve Fleming, Public Works Director)
24. Request Board Ratification of Payment to Talquin Electric Coopertive, Inc. in the Amount of $29,530.87 for Installation of Electrical and Water Service for the Lift Station Located at 132 Catawba Trail as Part of the Sewer Expansion in Wakulla Gardens (Nannette Watts, Revenue Collections Director)
Public Hearing(s) (Public Hearings are held as required to receive public comments on matters of special importance or as prescribed by law. For regular Board meetings, public hearings shall be scheduled as the first substantive item on the agenda and heard at the time scheduled for the start of the meeting or as soon thereafter as is possible. Individual speakers are encouraged to adhere to a three (3) minute time limit. The Chairman has the discretion to either extend or reduce time limits, based on the number of speakers)
17. Request Board Approval to Conduct a Public Hearing and Approve the Purchase and Sale Agreement for the Acquisition of Property on Dr. Martin Luther King Rd. for Right of Way Expansion (Brandy King, Fiscal Operations Director)
18. Request Board Approval to Conduct a Public Hearing and Adopt an Ordinance Repealing Division 7, Chapter 2, Section 2.235 through and including Section 2.239 of the Wakulla County Code of Ordinances Relating to the Wakulla County RESTORE Act Advisory Committee (Sheree Keeler, Intergovernmental Affairs & RESTORE Act Director)
19. Request Board Approval to Conduct a Public Hearing and Adopt an Ordinance Amending Section 5-7(2)(D) of the Land Development Code, Amend Administrative Regulation 8.01, and Adopt a Resolution Pertaining to Existing Family Enclave Agreements (Somer Pell, Planning & Community Development Director)
20. Request Board Approval to Conduct the First of Two Public Hearings to Consider Adopting an Ordinance Creating Residential Zoning Districts for Crawfordville Town Plan Area (Somer Pell, Planning & Community Development Director)
21. Request Board Approval to Conduct the First of Two Public Hearings to Consider Adopting an Ordinance Amending and Updating Existing Residential Zoning Districts (Somer Pell, Planning & Community Development Director)
Planning and Zoning (Members will be provided with planning and zoning amendment requests five (5) business days prior to the scheduled meeting. To the maximum extent possible, all support information and documentation for P&Z items shall be made available through a variety of means including the County website that will provide the public with the greatest opportunity to review documentation at the date of advertisement pursuant to Resolution No. 04-43. “In accordance with Sec. 24.01 of County Code, for all quasi- judicial proceedings each Commission member must disclose all contact received from interested parties and/or their representatives, lobbyists, or any other third parties concerning any application and any personal investigation or knowledge being relied upon during the consideration of any quasi-judicial planning and zoning matters”.)
Commissioner Agenda Items (Items with supporting documentation shall be provided by a Commissioner to the County Administrator three (3) business days prior to the scheduled meeting. Items that are agendaed by Commissioners and fail to gain approval may not be replaced on the agenda by a Commissioner on the non-prevailing side for a period of six (6) months without approval of the Chairman unless there is substantive new information to present).
22. Commissioner Moore a. Request Board Approval to Direct Staff to Send a Letter to FDOT Requesting Closure of the Old US Hwy. 319 Entrance Going South on US Hwy. 319
County Attorney (County Attorney items are items of a legal nature that require Board direction or represent general information to Board Members, staff or the public).
County Administrator (County Administrator items are items that require Board direction or represent general information to Board Members, staff or the public).
Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting).
Discussion Issues by Commissioners (The purpose of this section is for Commissioners to request staff action on various issues, including scheduling of a future agenda item for later Board action, based on the approval of a majority of the Board. No assignments or request for agenda items shall be given to the County Administrator or County Attorney without the express approval of the majority of the Board. The Board shall take no policy action without an agenda item unless such is accomplished through a unanimous vote of the Board. The remarks of each Commissioner during his or her “discussion items” shall adhere to Robert Rules of Order, for proper decorum and civility as enforced by the Chairman.
Commissioner Merritt • Expanded Internet Service
Adjourn (Any departure from the order of business set forth in the official agenda shall be made only upon majority vote of the members of the Commission present at the meeting)
The next Board of County Commissioners Meeting is scheduled for Monday, March 5, 2018 at 5:00p.m.
Regular Board Meeting and Holiday Schedule January 2018 – December 2018
January 2018 February 2018 March 2018 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 1 2 3 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 25 26 27 28 29 30 31
April 2018 May 2018 June 2018 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 7 1 2 3 4 5 1 2 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 29 30 27 28 29 30 31 24 25 26 27 28 29 30
July 2018 August 2018 September 2018 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 7 1 2 3 4 1 8 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8 15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29 30
October 2018 November 2018 December 2018 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 1 2 3 1 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31
Regular Board Meeting & Workshops Special Meeting Holiday
PUBLIC NOTICE 2017/18 Tentative Schedule All Workshops, Meetings, and Public Hearings are subject to change All sessions are held in the Commission Chambers, 29 Arran Road, Suite 101, Crawfordville, FL. Workshops are scheduled as needed.
Month Day Time Meeting Type
February 2018 Tuesday, 20 5:00P.M. Regular Board Meeting March 2018 Monday, 5 5:00P.M. Regular Board Meeting Monday, 12 7:00P.M. Planning Commission Meeting Wednesday, 14 5:30P.M. Code Enforcement Meeting Monday, 19 5:00P.M. Regular Board Meeting April 2018 Monday, 2 5:00P.M. Regular Board Meeting Monday, 9 7:00P.M. Planning Commission Meeting Monday, 16 5:00P.M. Regular Board Meeting
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 2, 2018
To: Honorable Chairman and Members of the Board
From: Brent X. Thurmond, Clerk of Court
Subject: Approval of Minutes from the February 5, 2018 Regular Board Meeting
Statement of Issue: This agenda item requests Board approval of the minutes from the February 5, 2018 Regular Board Meeting.
Options: 1. Approve the minutes of the February 5, 2018 Regular Board Meeting. 2. Do Not Approve minutes of the February 5, 2018 Regular Board Meeting. 3. Board Direction.
Recommendation: Option #1
Attachment(s) 1. Draft of Minutes – February 5, 2018 Regular Board Meeting Board of County Commissioners Regular Public Meeting Monday, February 5, 2018
The Board of County Commissioners in and for Wakulla County, Florida met for a Regular Public Meeting on Monday, February 5, 2018 at 5:00 p.m. with Chairman Ralph Thomas presiding. Present were Commissioners Randy Merritt, Mike Stewart, Jerry Moore and Chuck Hess. Also present were County Administrator David Edwards, County Attorney Heather Encinosa and Deputy Clerk Kelly Marks.
The Invocation and Pledge of Allegiance were provided by Commissioner Stewart.
APPROVAL OF AGENDA (CD5:01) Item #9 was tabled to a future meeting
(CD5:01) Commissioner Merritt moved to approve the agenda as amended; second by Commissioner Stewart and the motion passed unanimously, 5/0.
CITIZENS TO BE HEARD (CD5:01) Donna Watkins: Wildflowers (CD5:01) Gail Fishman: Wildflowers
AWARDS AND PRESENTATIONS (CD5:03) Presentation Regarding the History of Wakulla County’s Roadside Wildflower Program – Lynn Artz, Former County Commissioner
(CD5:13) Presentation Regarding Wakulla County’s Rare and Wondrous Roadside Wildflowers – Scott Davis, Botanist & Ranger, St. Marks National Wildlife Refuge
CONSENT AGENDA (CD5:23) Commissioner Merritt moved to approve the consent agenda as amended; second by Commissioner Stewart and the motion passed unanimously, 5/0.
1. Approval of Minutes from the January 22, 2018 Regular Board Meeting Approve – Minutes from the January 22, 2018 Regular Board Meeting
2. Approval of Bills and Vouchers Submitted for January 17, 2018 through January 30, 2018 Approve – Payment of Bills and Vouchers Submitted for January 17, 2018 through January 30, 2018
3. Request Board Approval of a FDOT Utility Work by Highway Contractor Agreement for Crawfordville Hwy. 319 from North of S.R. 267 to the Leon County Line Approve – FDOT Utility Work by Highway Contractor Agreement for Crawfordville Hwy. 319 from North of S.R. 267 to the Leon County Line
4. Request Board Approval to Purchase Two New Vehicles for the Public Safety Department from Alan Jay Chevrolet Buick GMC and Approval to Dispose of One Vehicle Approve – Purchase Two New Vehicles for the Public Safety Department from Alan Jay Chevrolet Buick GMC and Approval to Dispose of One Vehicle
5. Request Board Approval of a Resolution Appointing Members to the Tourist Development Council Approve – Resolution Appointing Members to the Tourist Development Council
17. Board Approval of a Resolution for the Submission of Applications to the Capital Regional Transportation Planning Agency (CRTPA) Transportation Alternative Program (TAP) 2018 Grant Cycle Approve – Resolution for the Submission of Applications to the Capital Regional Transportation Planning Agency (CRTPA) Transportation Alternative Program (TAP) 2018 Grant Cycle
CONSENT ITEMS PULLED FOR DISCUSSION None.
GENERAL BUSINESS (CD5:23) 6. Request Board Approval of a Subordination Agreement Subject to Certain Terms for Envision Credit Union for Leah N. Godwin and Authorize the BOCC Chair to Execute the Same Upon Closing Commissioner Merritt moved to Approve a Subordination Agreement Subject to Certain Terms for Envision Credit Union for Leah N. Godwin and Authorize the BOCC Chair to Execute the Same Upon Closing; second by Commissioner Stewart and the motion passed, 5/0.
PUBLIC HEARING (CD5:23) 14. Request Board Approval to Conduct a Public Hearing to Adopt an Ordinance Amending Chapters 2 and 8 of the Wakulla County Code of Ordinances Concerning the Code Lien Reduction Process Commissioner Merritt moved to Approve to Conduct a Public Hearing to Adopt an Ordinance Amending Chapters 2 and 8 of the Wakulla County Code of Ordinances Concerning the Code Lien Reduction Process; second by Commissioner Moore and the motion passed, 5/0.
PLANNING AND ZONING (CD5:25) 7. Request Board Approval to Conduct the Final Public Hearing and Adopt a Large Scale Comprehensive Plan Map Amendment to the Comprehensive Plan Future Land Use Map CP17-01 Commissioner Merritt moved to Approve to Conduct the Final Public Hearing and Adopt a Large Scale Comprehensive Plan Map Amendment to the Comprehensive Plan Future Land Use Map CP17-01; second by Commissioner Stewart and the motion passed unanimously, 5/0.
(CD5:28) 8. Request Board Approval to Conduct the Final Public Hearing and Adopt a Small Scale Comprehensive Plan Map Amendment to the Comprehensive Plan Future Land Use Map CP17-02 Commissioner Merritt moved to Approve to Conduct the Final Public Hearing and Adopt a Small Scale Comprehensive Plan Map Amendment to the Comprehensive Plan Future Land Use Map CP17-02; second by Commissioner Stewart and the motion passed unanimously, 5/0.
9. Application for Change of Zoning R17-14 Tabled to a future meeting.
(CD5:29) 10. Application for Change of Zoning R17-15 Commissioner Stewart moved to Approve an Application for Change of Zoning R17-15; second by Commissioner Moore and the motion passed 3/1 with Commissioners Thomas, Moore, and Stewart voting for the motion and Commissioner Hess voting against. Commissioner Merritt abstaining from voting and filing form 8B Memorandum of Voting Conflict.
(CD6:11) 11. Request Board Approval to File an Application to Close/Abandon a Portion of Spruce Avenue in Panacea Park Subdivision Commissioner Hess moved to Approve to File an Application to Close/Abandon a Portion of Spruce Avenue in Panacea Park Subdivision; second by Commissioner Merritt and the motion passed unanimously, 5/0.
(CD6:11) 12. Request Board Approval to File an Application to Close/Abandon a Portion of Decatur Street in Panacea Park Subdivision Commissioner Hess moved to Approve to File an Application to Close/Abandon a Portion of Decatur Street in Panacea Park Subdivision; second by Commissioner Merritt and the motion passed unanimously, 5/0.
(CD6:11) 13. Request Board Approval to File an Application to Close/Abandon a Portion of Ida Street in Panacea Park Subdivision Commissioner Hess moved to Approve to File an Application to Close/Abandon a Portion of Ida Street in Panacea Park Subdivision; second by Commissioner Merritt and the motion passed unanimously, 5/0.
(CD6:13) 14. Application for Final Plat FP17-08-KC Subdivision Application for Final Plat FP17-08-KC Subdivision Commissioner Hess moved to Approve an Application for Final Plat FP17-08-KC Subdivision Application for Final Plat FP17-08-KC Subdivision and waive the filing fees and have them refunded to the applicant; second by Commissioner Merritt and the motion passed unanimously, 5/0.
COMMISSIONER AGENDA ITEMS (CD6:15) 15. Commissioner Stewart a. Request Board Approval of a Letter to FDOT Requesting to Revise the Right of Way Mowing Plan for State Roads in Wakulla County Commissioner Stewart moved to Approve a Letter to FDOT Requesting to Revise the Right of Way Mowing Plan for State Roads in Wakulla County with the addition of Highway 98 from Newport East towards the Countyline, only cut the front slope (approximately 15 to 20 ft. width) and to include the entire length of Highway 267; second by Commissioner Merritt and discussion followed. (CD7:36) Commissioner Moore moved to call the question; seconded by Commissioner Stewart and the motion passed 3/2 with Commissioners Merritt, Moore, and Stewart voting for the motion and Commissioners Thomas and Hess voting against. (CD7:36) The motion to Approve a Letter to FDOT Requesting to Revise the Right of Way Mowing Plan for State Roads in Wakulla County with the addition of Highway 98 from Newport East towards the Countyline, only cut the front slope (approximately 15 to 20 ft. width) and to include the entire length of Highway 267 passed 3/2 with Commissioners Merritt, Moore, and Stewart voting for the motion and Commissioners Thomas and Hess voting against.
(CD7:38) 16. Commissioner Moore a. Request Board Approval to Direct Staff to Negotiate Additional Right of Way Acquisition on Old Shell Point Road Between Highway 267 and Wakulla Springs Road and Approval to Remove the Three Stop Signs Commissioner Moore moved to Approve to Direct Staff to Negotiate Additional Right of Way Acquisition on Old Shell Point Road Between Highway 267 and Wakulla Springs Road and Approval to Remove the Three Stop Signs; second by Commissioner Merritt and discussion followed. After further discussion, Commissioner Moore withdrew his motion to allow time for the County Administrator to meet with the property owners.
COUNTY ATTORNEY None.
COUNTY ADMINISTRATOR (CD8:03) Fire Union Negotiations update (CD8:03) Mashes Sands Dredging Permit update (CD8:03) Wakulla Gardens – tying on Citizens (CD8:03) Shell Point Beach Improvements continue (CD8:03) Wakulla Airport update
CITIZENS TO BE HEARD (CD8:06) David Damon – Wildflowers; Impact Fees (CD8:09) Andrew Riddle – Commissioners need to talk into the mics and allow the Agenda Item to be fully read before a motion is made (CD8:11) Ken Gooding – Impact Fees
DISCUSSION ISSUES BY COMMISSIONERS (CD8:14) COMMISSIONER HESS – Panacea Overlay Development (CD8:16) COMMISSIONER THOMAS – Congratulations to Nigel Bradham on Super Bowl win (CD8:16) COMMISSIONER MOORE – Farm raised Oysters available (CD8:17) COMMISSIONER STEWART – Consider having a sign of ‘Home of Super Bowl Champion Nigel Bradham’ put up at the county lines; Do not eat the bass out of Lake Ellen due to mercury levels
(CD8:19) There being no further business to come before the Board, Commissioner Stewart made a motion to adjourn; second by Commissioner Merritt and the motion passed unanimously, 5/0.
The meeting adjourned at 8:19 p.m.
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 2, 2018
To: Honorable Chairman and Members of the Board
From: Brent X. Thurmond, Clerk of Court
Subject: Approval for Payment of Bills and Vouchers Submitted for January 31, 2018 through February 13, 2018
Statement of Issue: This agenda item requests Board approval for payment of bills and vouchers submitted for January 31, 2018 through February 13, 2018.
Background: It is the policy of the Board to pre-approve payment of bills and vouchers prior to the release of funds.
Options: 1. Approve payment of bills and vouchers submitted for January 31, 2018 through February 13, 2018. 2. Do not approve payment of bills and vouchers submitted for January 31, 2018 through February 13, 2018. 3. Board direction.
Recommendation: Option #1
Attachment(s) 1. Statement of bills and vouchers submitted for January 31, 2018 through February 13, 2018
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 14, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Bandy King, Fiscal Operations Director Gina Rudd, Procurement and Contract Management Coordinator Subject: Request Board Approval to Accept and Award ITB No. 2018-01 Ivan Church Road Widening and Resurfacing (SCRAP) to Peavy and Son Construction, Approval of the Construction Agreement, and Approval of Work Authorization No. 18-06 with Anchor CEI, Inc. for Construction Engineering and Inspection Services
Statement of Issue: This agenda item requests Board approval to accept and award ITB #2018-01 for Ivan Church Road Widening and Resurfacing (SCRAP) (the “Project”) to Peavy and Son Construction (the “Contractor”), approval of the Construction Agreement (Attachment No. 1), and approval of Work Authorization No. 18-06 with Anchor CEI, Inc. (Attachment No. 2) for construction engineering and inspection services for the project.
Background: On February 21, 2017, the Board approved accepting/receiving/using/appropriating $678,547 in Small County Road Assistance Program (SCRAP) funding from the Florida Department of Transportation (FDOT) for the widening and resurfacing of Ivan Church Road. The SCRAP Agreement expires June 30, 2018 with the option to request an extension if additional time is needed to complete the Project.
At that same time, the Board also approved a Task Order with Dewberry Preble-Rish (DPR) to provide engineering and design services for the project in the amount of $54,284.
ITB #2018-01 was released on January 11, 2018, and was advertised in the Tallahassee Democrat, the Wakulla News, and on the County Bids and Procurements Website. The Scope of Services included widening and resurfacing Ivan Church Road from the south intersection of SR369 to the north intersection of SR369, drainage improvements and replacement of signage/striping.
Six (6) bids were received on February 13, 2018, at 3:00 PM from the following responsive, responsible bidders and were opened by DPR and recorded by staff (Attachment No. 3):
C.W. Roberts $460,614.00 Capital Asphalt $438,639.00 Request Board Approval to Accept and Award ITB No. 2018-01 Ivan Church Road Widening and Resurfacing (SCRAP) to Peavy and Son Construction, Approval of the Construction Agreement, and Approval of Work Authorization No. 18-06 with Anchor CEI, Inc. for Construction Engineering and Inspection Services February 15, 2018 Page 2
Hale Contracting $499,777.00 Peavy and Son $426,988.86 Pigott Asphalt $449,027.00 Roberts & Roberts $576,655.60
Peavy and Son was the lowest, responsible bidder and deemed qualified by DPR. Staff issued the Intent to Award on February 14, 2018.
Analysis: Peavy and Son is a pre-qualified contractor and has been approved by FDOT to perform the construction. Staff is recommending approval to accept and award ITB #2018-01 to Peavy and Son and approval of the Construction Agreement.
In addition, Anchor CEI, Inc. is one of the approved CCNA firms that is qualified to provide the construction engineering and inspection services the project will require. Staff is recommending Board approval of Work Authorization No. 18-06 not to exceed $26,895.00.
Budgetary Impact: Widening and Resurfacing: FDOT will reimburse the County for all expenditures pursuant to the SCRAP Agreement for these costs. The Construction portion budgeted for the SCRAP agreement is $597,121 and the Peavy and Son bid award is $426,988.66.
Construction Engineering and Inspection (CEI) Services: FDOT will reimburse the County for all expenditures pursuant to the SCRAP Agreement for these costs. The CEI portion budgeted for the SCRAP agreement is $27,142 and the Anchor CEI Work Authorization will not exceed $26,895.00.
Options: 1. Approve to accept and award ITB #2018-01 Ivan Church Road Widening and Resurfacing (SCRAP) to Peavy and Son, approve the Construction Agreement, and approve Work Authorization No. 18-06 with Anchor CEI. 2. Do not approve to accept and award ITB #2018-01 Ivan Church Road Widening and Resurfacing (SCRAP) to Peavy and Son, do not approve the Construction Agreement, and do not approve Work Authorization No. 18-06 with Anchor CEI. 3. Board Direction.
Recommendation: Option #1
Request Board Approval to Accept and Award ITB No. 2018-01 Ivan Church Road Widening and Resurfacing (SCRAP) to Peavy and Son Construction, Approval of the Construction Agreement, and Approval of Work Authorization No. 18-06 with Anchor CEI, Inc. for Construction Engineering and Inspection Services February 15, 2018 Page 3
Attachments: 1. Construction Agreement 2. Work Authorization 3. Bid Tabulation CONSTRUCTION AGREEMENT
WAKULLA COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, situated at 3093 Crawfordville Highway, Crawfordville, Florida 32327 (the "County"), hereby contracts with PEAVY AND SON CONSTRUCTION CO., INC. (the "Contractor") of 39 SCHWALL RD, HAVANA, FL 32333 (address) a FLORIDA GENERAL contractor licensed to perform all work in the State of Florida in connection with the County's Project No. ITB 2018-01 (the "Project"), as said work is set forth in the Plans and Specifications prepared by DEWBERRY | PREBLE-RISH the Engineer and/or Architect of Record (the "Design Professional") and other Contract Documents hereafter specified (the "Work").
The County and the Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 35 hereof, the Legal Advertisement, the Instructions to Bidders, the Proposal and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, Work Authorizations and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work.
B. The Design Professional is the initial interpreter of the Contract Documents but is not the judge between the County and the Contractor. The County reserves the right to make final decisions considering the Design Professional’s recommendations or interpretations of the Contract Documents. The Design Professional does not have authority to obligate or commit the County to fund additional expenditures or approve extensions of time over the approved Contract Time or Amount. However, the Design Professional’s interpretation as to the intent of his design shall be final and not subject to interpretation by the County’s staff.
C. Any Work that may be reasonably inferred from the specifications as being required to produce the intended result shall be supplied whether or not it is specifically called for. In case of any inconsistency or conflict among the provisions of the Agreement and any other terms and conditions of any documents comprising the Contract Documents, the provisions of the Agreement shall control. Concerning the Contract Documents, the order of precedence shall be as follows: (1) Change Orders; (2) the Agreement, including amendments and Exhibits; (3) Field Orders; (4) the solicitation documents, including any addenda. The Contract Documents listed above represent the entire and integrated Agreement between the parties hereto, and supersede prior negotiations, representations, or agreements, either written or oral.
D. Work, materials or equipment described in words which have a well-known technical or trade meaning, shall be deemed to refer to such recognized standards.
1 E. The County shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction.
F. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the County.
G. Construction services provided by Contractor for the Project shall be under the general direction of ______, or their successor, who shall act as the County's representative during the term of this Agreement. If the County’s representative is not a County employee, then County’s representative is not authorized to issue changes to the Contract Amount, Contract Time, or Scope of Work without express approval by the Department Director, County Manager, or Board of County Commissioners.
H. The County’s representative, within the authority conferred by the Board of County Commissioners, shall initiate written Change Orders, and notification to the Contractor of any and all changes approved by the County in the Contractor’s: (1) compensation; (2) time and/or schedule of service delivery; (3) and any amendment (s) or other change(s) relative to the Work pursuant to this Contract or Change Orders pertaining thereto. Following County approval, the County’s representative shall coordinate issuance of any such documents. The County’s representative shall be responsible for acting on the County’s behalf to administer, coordinate, interpret and otherwise manage the contractual provisions and requirements set forth in this Contract or any amendments, or Change Orders issued hereunder.
I. Neither the Contractor nor any Subcontractor, Supplier, or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the County shall have or acquire any title to or ownership rights to any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of the Design Professional; and they shall not reuse any of them on extensions of the Project or any other project without written consent of the County or their Design Professional and the specific written verification or adaptation by the Design Professional.
Section 2. Scope of Work.
A. The Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, transportation, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by this Agreement.
B. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricator or processors except as otherwise provided in the Contract Documents.
Section 3. Contract Amount.
2 A. In consideration of the faithful performance by the Contractor of the covenants in this Agreement to the full satisfaction and acceptance of the County, the County agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: $426,988.86 or in WORDS FOUR HUNDRED TWENTY SIX THOUSAND NINE HUNDRED EIGHTY EIGHT DOLLARS AND EIGHTY SIX CENTS.
ROADWAY CONSTRUCTION (FPID No. 440861-1-54-01) PAY ITEM NUMBER DESCRIPTION UNIT QUANTITY UNIT PRICE COST GENERAL COSTS 101-1 MOBILIZATION (5% of bid max) LS 1.00 $ 20,000.00 $ 20,000.00 102-1 MAINTENANCE OF TRAFFIC (2% of bid max) LS 1.00 $ 8,000.00 $ 8,000.00 110-1-1 CLEARING & GRUBBING LS 1.00 $ 5,000.00 $ 5,000.00 SUBTOTAL $ 33,000.00 ROADWAY 110-7-1 MAILBOX RELOCATION EA 20.00 $ 8.00 $ 160.00 120-1 REGULAR EXCAVATION CY 360.00 $ 9.50 $ 3,420.00 120-2-2 BORROW EXCAVATION CY 1,500.00 $ 8.00 $ 12,000.00 120-6 EMBANKMENT CY 360.00 $ 11.50 $ 4,140.00 160-4 12" TYPE B STABILIZATION (2'-3" EACH SIDE) SY 3,650.00 $ 7.00 $ 25,550.00 162-1-11 PREPARED SOIL LAYER, FINISH SOIL LAYER, 6" SY 16,300.00 $ 1.00 $ 16,300.00 285-706 OPTIONAL BASE GROUP 6 (2'-3" EACH SIDE) SY 3,650.00 $ 8.50 $ 31,025.00 286-1 TURNOUT CONSTRUCTION SY 550.00 $ 12.50 $ 6,875.00 327-70-6 MILLING EXIST ASPH, 1.5" AVG DEPTH SY 360.00 $ 2.50 $ 900.00 334-1-12 SUPERPAVE ASPHALTIC CONC., TRAFFIC B TN 2,430.00 $ 91.00 $ 221,130.00 570-1-1 PERFORMANCE TURF SY 16,300.00 $ 0.35 $ 5,705.00 570-1-2 PERFORMANCE TURF, SOD SY 4,330.00 $ 2.25 $ 9,742.50 $ 336,947.50 PAVEMENT MARKINGS 660-2101 LOOP ASSEMBLY - F&I, TYPE A AS 1.00 $ 1,300.00 $ 1,300.00 660-2102 LOOP ASSEMBLY - F&I, TYPE B AS 1.00 $ 1,100.00 $ 1,100.00 700-1-11 SINGLE POST SIGN EA 25.00 $ 300.00 $ 7,500.00 700-1-60 SINGLE POST SIGN, REMOVE EA 25.00 11.00 $ 275.00 705-10-2 OBJECT MARKER, TYPE 2 EA 2.00 55.00 $ 110.00 710-11-101 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 6" GM 2.80 893.00 $ 2,500.40 710-11-123 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" LF 200.00 1.58 $ 316.00 710-11-125 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF 60.00 2.10 $ 126.00 710-11-160 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE MESSAGE STOP EA 1.00 68.30 $ 68.30 710-11-201 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 6" GM 2.20 893.00 $ 1,964.60 710-11-231 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SKIP, 6" GM 0.52 473.00 $ 245.96 710-90 PAINTED PAVEMENT MARKINGS, FINAL SURFACE LS 1.00 8,190.00 $ 8,190.00 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" LF 200.00 1.90 $ 380.00 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF 60.00 3.42 $ 205.20 711-12-125 THERMOPLASTIC, REFURBISHMENT, WHITE, SOLID, 24" LF 130.00 2.63 $ 341.90 711-11-160 THERMOPLASTIC, STANDARD, WHITE MESSAGE STOP EA 1.00 $ 90.00 $ 90.00 711-16-101 THERMOPLASTIC, STANDARD-OTHER SURFACES, WHITE, SOLID, 6" GM 2.80 $ 3,885.00 $ 10,878.00 711-16-201 THERMOPLASTIC, STANDARD-OTHER SURFACES, YELLOW, SOLID, 6" GM 2.20 $ 3,885.00 $ 8,547.00 711-16-231 THERMOPLASTIC, STANDARD-OTHER SURFACES, YELLOW, SKIP, 6" GM 0.52 1,900.00 $ 988.00 SUBTOTAL $ 45,126.36 DRAINAGE IMPROVEMENTS 120-1 REGULAR EXCAVATION SY 20.00 $ 24.50 $ 490.00 120-2-2 BORROW EXCAVATION CY 120.00 $ 8.00 $ 960.00 162-1-11 PREPARED SOIL LAYER, FINISH SOIL LAYER, 6" SY 90.00 $ 8.00 $ 720.00 210-2 LIMEROCK, NEW MATERIAL, BASE CY 5.00 24.50 $ 122.50 334-1-12 1.5" (165 LBS/SY) TYPE SP-9.5 STRUCTURAL COURSE, TRAF B TN 1.00 300.00 $ 300.00 400-1-2 CONCRETE CLASS I, ENDWALLS CY 5.00 905.00 $ 4,525.00 430-94-1 DESILTING PIPE, 0 - 24" LS 1.00 1,800.00 $ 1,800.00 430-175-124 PIPE CULVERT, RCP MATERIAL, ROUND 24" CD LF 43.00 65.00 $ 2,795.00 570-1-2 PERFORMANCE TURF, SOD SY 90.00 2.25 $ 202.50 SUBTOTAL $ 11,915.00 TOTAL $ 426,988.86
3 B. If the Contract Amount includes an Allowance, the Contractor shall cause the Work covered by the Allowance to be done for such sums within the limits of the Allowance as the County may approve. The Contractor agrees that the Contract Amount includes such sums as they deem proper for costs and any profit on account of any Allowances. No demands for an additional sum for overhead or profit will be allowed.
C. Any agreed upon changes to the Contract Amount must be accomplished by an approved, written Change Order in the form attached to this Agreement.
Section 4. Bonds.
A. The Contractor shall provide Performance and Payment Bonds, in the form prescribed in the Exhibits to the Agreement, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. If the Contract is increased by a Change Order, it shall be the Contractor’s responsibility to ensure that the Performance and Payment Bonds are amended accordingly, and a copy of the amendment forwarded to the County. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the County's approval.
Section 5. Contract Time and Liquidated Damages
A. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" is established in the Notice to Proceed to be issued by the County. Written Notice to Proceed is contingent upon and will be done subsequent to the Contractor fully satisfying the County’s stated insurance and Bond submittal requirements. The Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by the Contractor prior to the Commencement Date shall be at the sole risk of the Contractor. The Work shall be substantially completed within 90 calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within 120 calendar days from the Commencement Date (herein "Contract Time").
4 B. The County and the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should the Contractor fail to substantially complete the Work within the time period noted above, the County shall be entitled to assess, as liquidated damages, but not as a penalty, $500.00 for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Design Professional issues a Substantial Completion Certificate pursuant to the terms hereof. The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if the Contractor fails to substantially complete the Work in a timely manner.
C. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. All days shall mean calendar day and not business day.
Section 6. Intent of Contract Documents
A. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein.
B. If before or during the performance of the Work, Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to Design Professional in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Design Professional. If required, a Field Order or Change Order will be issued pursuant to Section 15 of this Agreement. If the Contractor performs any Construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Design Professional and County, the Contractor shall assume responsibility for such performance and shall share in costs associated with any corrections. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work.
5 C. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Design Professional. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents.
Section 7. Investigation and Utilities
A. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water, sewer, and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation.
B. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities (surface and subsurface) being referred to in this Sub-Section 7.B. as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. Relocation or shutdown of County facilities must be requested by the Contractor in writing a minimum of ten (10) calendar days prior to the proposed Work. The County shall have the final decision with respect to whether the relocation or shutdown is required and when the relocation or shutdown of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilities.
Section 8. Schedule
A. The Contractor, within ten (10) calendar days after receipt of a Notice of Award, shall prepare and submit to the County and Design Professional, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate
6 to all Work required by the Contract Documents and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work.
B. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the County's and Design Professional's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The County's and the Design Professional's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the County's obligation to pay Contractor.
Section 9. Progress Payments
A. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the County and the Design Professional, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the County and Design Professional, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Design Professional along with a completed and notarized copy of the Application for Payment form. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Schedule of Values.
B. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the County and the Design Professional a complete list of all its proposed subcontractors and materialmen, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date.
C. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the County in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the County has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the County's interest therein, all of which shall be subject to the County's satisfaction. D. Contractor shall submit six (6) copies of its monthly Application for Payment to the Design Professional on or before the 25th day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the Design Professional shall either:
D.1 indicate his approval of the requested payment;
D.2 indicate his approval of only a portion of the requested payment, stating in writing his reasons therefore; or
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D.3 return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment and the action necessary to make the payment request proper.
In the event of a total denial and return of the Application for Payment by the Design Professional, the Contractor may make the necessary corrections and resubmit the Application for Payment. The County shall, within thirty (30) calendar days after County approval of an Application for Payment, pay the Contractor the amounts so approved. Provided, however, in no event shall the County be obligated to pay any amount greater than that portion of the Application for Payment approved by the Design Professional.
E. The County shall initially retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Design Professional for payment, whichever is less. After 50% of the services are completed, the County will reduce the retainage to five percent (5%) of each subsequent progress payment. Such sums shall be accumulated and released to Contractor with final payment.
For purposes of determining 50% completion, stored material and general job costs such as mobilization, bonds, insurance, field office costs and like costs shall be excluded. Additionally, for purposes of this determination, each major discipline (electrical and instrumentation, structural, and mechanical) must independently achieve 50% completion in order for the project services to be deemed 50% complete.
F. Monthly payments to Contractor shall in no way imply or constitute approval or acceptance of Contractor's work.
G. Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached to this Agreement, showing that all materials, labor, equipment and other bills associated with that portion of the Work for which payment is being requested have been paid in full. The County shall not be required to make payment until and unless these affidavits are furnished by the Contractor.
H. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for the County's and the Design Professional's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by the County to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule.
Section 10. Payments Withheld
A. The Design Professional or the County may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent
8 inspections. The Design Professional or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this Agreement or any other agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of:
A.1 Defective Work not remedied;
A.2 Third party claims filed or reasonable evidence indicating probable filing of such claims;
A.3 Failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment;
A.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount;
A.5 Reasonable indication that the Work will not be completed within the Contract Time;
A.6 Unsatisfactory prosecution of the Work by the Contractor;
A.7 Failure to provide accurate and current "As-Builts"; or
A.8 Any other material breach of the Contract Documents.
B. If these conditions in Subsection 10.A are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other agreement between Contractor and the County.
Section 11. Final Payment
A. The County shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by both the County and the Design Professional in accordance with Section 25.A. herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished the County with a properly executed and notarized copy of the Release and Affidavit, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the County.
B. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against the County arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by the County shall be deemed to be a waiver of the County's right to enforce any obligations of
9 Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or the County at the time of final inspection.
Section 12. Submittals and Substitutions
A. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as a schedule of values, safety manual, shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof.
B. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by the County if sufficient information is submitted by Contractor to allow the County to determine that the material or equipment proposed is equivalent or better than to that named. Requests for review of substitute items of material and equipment will not be accepted by the County from anyone other than Contractor and all such requests must be submitted by Contractor to Design Professional within thirty (30) calendar days after Notice of Award is received by Contractor.
C. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Design Professional for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the County for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result, directly or indirectly, from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Design Professional in evaluating the proposed substitute. The Design Professional may require Contractor to furnish at Contractor's expense additional data about the proposed substitute.
D. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Design Professional, if Contractor submits sufficient information to allow the Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract
10 Documents. The procedures for submission to and review by the Design Professional shall be the same as those provided herein for substitute materials and equipment.
E. The Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. The Design Professional shall be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Design Professional's and the County's prior written acceptance which shall be evidenced by either a Change Order or an approved Shop Drawing. The County may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Design Professional will record time required by the Design Professional and the Design Professional's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the County accepts a proposed substitute, Contractor shall reimburse the County for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute, or such charges may be deducted from an application for payment, at the County’s sole discretion.
Section 13. Daily Reports, As-Builts and Meetings
A. Unless waived in writing by the County, Contractor shall complete and submit to Design Professional on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Design Professional and the County. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following:
A.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work;
A.2. Soil conditions which adversely affect the Work;
A.3. The hours of operation by Contractor's and subcontractor's personnel;
A.4. The number of Contractor's and subcontractor's personnel present and working at the Project site, by subcontract and trade;
A5. All equipment present at the Project site, description of equipment uses and designation of time equipment was used (specifically indicating any down time); A.6. Description of Work being performed at the Project site;
A.7. Any unusual or special occurrences at the Project site;
A.8. Materials received at the Project site;
A.9. A list of all visitors to the Project site; and
A.10. Any problems that might impact either the cost or quality of the Work or the time of performance.
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The daily log shall not constitute nor take the place of any notice required to be given by Contractor to the County or Design Professional pursuant to the Contract Documents.
B. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to Design Professional for reference. Current and accurate “As-Built” record documents shall be submitted with each Application for Payment. Failure to provide current and accurate “As-Built” record drawings shall be reason for rejecting the Application for Payment. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Design Professional by Contractor for the County.
C. The Contractor shall submit to the Design Professional one complete set of all recorded changes made during Construction entitled "As-Built", and dated. Submittals shall be made in accordance with the above and shall be submitted at the time of Substantial Completion.
D. Certified “as-built” information, which the Contractor must show on marked-up copies of the design drawings, prints, and other materials as specified above, shall include both authorized and unauthorized changes and any modifications to material types from that specified in the bid plans and Specifications. As a prerequisite to any payments, the Contractor shall make available to the Design Professional all “as-built” information pertinent to the design drawings each month prior to his submission of a monthly application for payment. The Contractor shall also obtain “as-built” cross-sections of the roadway, ditches, channels, and other drainage ways as shown in the Contract Documents at intervals not to exceed 100 ft. The Contractor shall set benchmarks on or within 100 ft. of each control structure constructed as part of the Project. A complete description including elevation and location of each control structure benchmark shall be provided to the Design Professional as part of the “as-built” information. The elevation shall be clearly and permanently indicated on each benchmark.
E. “As-built” dimensions and elevations shall be obtained by a Professional Land Surveyor registered in the State of Florida pursuant to Chapter 472, Florida Statutes. The “as-built” drawings shall be signed and sealed by the Contractor’s Professional Land Surveyor in accordance with Section 472.025, Florida Statutes.
12 F. All pertinent surveyors’ field survey notes containing the “as-built” data shall be sealed and submitted to the Design Professional for review and acceptance prior to authorization of the final payment.
G. “As-built” data shall be secured, and the accuracy of measurements shall be 0.01 ft.
H. All sub-surface improvements considered part of the Work as shown in the Contract Documents shall be “as-built” by the Contractor prior to backfilling.
I. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The County, or any duly authorized agents or representatives of the County, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours.
J. In addition to other requirements provided herein, Contractor shall comply with public records laws embodied in chapter 119, Florida Statutes, and specifically shall:
J.1. Keep and maintain public records required by the County in order to perform the Scope of Services identified herein.
J.2. Upon request from the County provide the County with any requested public records or allow the requested records to be inspected or copied within a reasonable time by the County.
J.3. 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 Agreement term and thereafter if the Contractor does not transfer all records to the County.
J.4. Transfer, at no cost, to County all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. If the Contractor keeps and maintains public records upon the conclusion of this Agreement, the Contractor shall meet all applicable requirements for retaining public records that would apply to the County.
K. If Contractor does not comply with a public records request, the County shall treat that omission as breach of this Agreement and enforce the contract provisions accordingly. Additionally, if the Contractor fails to provide records when requested, the Contractor may be subject to penalties under section 119.10, Florida Statutes and reasonable costs of enforcement, including attorney fees.
13 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 926-0919, [email protected], 3093 Crawfordville Highway, Crawfordville, FL, 32327.
Section 14. Contract Time and Extensions
A. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of the County's suppliers and contractors as set forth in Section 17.B. herein.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the County in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which the County may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from the County. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against the County will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion.
Section 15. Changes in the Work
A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work orally.
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B. A Change Order, in the form attached to this Agreement, Exhibit H, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree.
C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 16 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise have had.
D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above.
E. The County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order.
F. The Design Professional shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor.
Section 16. Claims and Disputes
A. A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between the County and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
15 B. Claims by the Contractor shall be made in writing to the County and Design Professional within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the County and Design Professional within fifteen (15) calendar days after the occurrence of the event, unless the County grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All claims shall be priced in accordance with the provisions of Subsection 15.D.
C. Any dispute, action or proceeding arising out of or related to this Agreement shall be exclusively commenced in the state courts of Wakulla County, Florida, or where proper subject matter jurisdiction exists, in the United States District Court for the Northern District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens.
E. This Agreement and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles.
F. The Contractor shall proceed diligently with its performance as directed by the County, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the County in writing. The County shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim.
Section 17. Other Work
A. The County may perform other work related to the Project at the site by the County's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to the County and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount.
B. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the County, if the County is performing the additional work with the County's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Design Professional and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and
16 other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between the County and such utility owners and other contractors.
C. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or the COUNTY), Contractor shall inspect and promptly report to Design Professional in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work.
Section 18. Indemnification and Insurance
A. Contractor agrees to save harmless, indemnify, and defend or, at the option of the County, pay the cost of defense, the County and its representative from any and all claims, losses, penalties, demands, judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with the Work done by Contractor under this Agreement or by any person, firm or corporation to whom any portion of the Work is subcontracted by Contractor or resulting from the use by Contractor, or by any one for whom Contractor is legally liable, of any materials, tools, machinery or other property of the County. This provision is intended to apply even if the injury or damage is caused in whole or in part by any act, omission or default of the County or Design Professional or their consultants, agents, officers and employees. The County and Contractor agree the first $100.00 of the Contract Amount paid by the County to Contractor shall be given as separate consideration for this indemnification, and any other indemnification of the County by Contractor provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Contractor by Contractor's execution of the Agreement. The Contractor's obligation under this provision shall not be limited in any way by the agreed upon Contract Amount as shown in this contract or the Contractor's limit of, or lack of, sufficient insurance protection.
B. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance Requirements attached to this Agreement, Exhibit F. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies which are registered with the State of Florida. Within fifteen (15) calendar days after Notice of Award is received by Contractor, Contractor shall provide the County with properly executed Certificates of Insurance to evidence Contractor's compliance with the insurance requirements of the Contract Documents. Said Certificates of Insurance shall be on forms approved by the County. The Certificates of Insurance shall be personally, manually signed by the authorized representatives of the insurance company/companies shown on the Certificates of Insurance, with proof that they are authorized representatives thereof. In addition, certified, true and exact copies of all insurance policies required hereunder shall be provided to the County, on a timely basis, when requested by the County.
17 C. The Certificates of Insurance and required insurance policies shall contain provisions that thirty (30) days prior written notice by registered or certified mail shall be given the County of any cancellation, intent not to renew, or reduction in the policies or coverages, except in the application of the aggregate limits provisions. In the event of a reduction in the aggregate limit of any policy, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
D. All insurance coverages of the Contractor shall be primary to any insurance or self insurance program carried by the County applicable to this Project. The acceptance by the County of any Certificate of Insurance does not constitute approval or agreement by the County that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of the Contract Documents. No work shall commence at the Project site unless and until the required Certificates of Insurance are received by the County.
E. The Contractor will be fully responsible for all acts and omissions of his subcontractors and of persons directly or indirectly employed by them and of persons for whose acts they may be liable to the same extent that they are employed by him. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and the County. The County may, upon request, furnish to any subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done.
F. Contractor shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in the Insurance Requirements attached to this Agreement, unless such insurance requirements for the subcontractor is expressly waived in writing by the County. All liability insurance policies, other than professional liability, worker's compensation, employer's liability and business auto liability policies, obtained by Contractor to meet the requirements of the Contract Documents shall name the County and Design Professional as additional insureds and shall contain severability of interest provisions. If any insurance provided pursuant to the Contract Documents expires prior to the completion of the Work, renewal Certificates of Insurance and, if requested by the County, certified, true copies of the renewal policies, shall be furnished by Contractor within thirty (30) days prior to the date of expiration.
G. Should at any time the Contractor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents.
H. Contractor shall submit to Design Professional a copy of all accident reports arising out of any injuries to its employees or those of any firm or individual to whom it may have subcontracted a portion of the Work, or any personal injuries or property damages arising or alleged to have arisen on account of any work by Contractor under the Contract Documents.
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Section 19. Compliance with Laws
A. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County and Design Professional in writing.
Section 20. Cleanup and Protections
A. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by the County.
B. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work, and the Contractor shall bear the cost of any such restorations.
C. If the Contractor fails to clean up as provided in the Contract Documents, the County may do so, and the cost thereof shall be deducted from the final payment due the Contractor.
Section 21. Assignment
A. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County.
Section 22. Permits, Licenses and Taxes
A. Pursuant to Section 218.80, F.S., the County will pay for all County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work. Contractor is not responsible for paying for permits issued by the County wherein the work is to be performed, but is responsible for acquiring all permits. The County may require the Contractor to deliver internal budget transfer documents to applicable County agencies when the Contractor is acquiring permits.
B. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by the County shall be acquired and paid for by the Contractor. The Contractor and his
19 sureties, together with his officers, agents, and employees, shall protect and hold the County harmless against any and all demands made for such fees or claims brought or made by holder of any invention or patent.
C. The Contractor shall be fully responsible for the execution and adherence to all directives, instructions, conditions, special conditions, and limiting conditions contained in permits specifically issued for the Work and which pertain to or affect the construction phase of this project, and shall be solely responsible for issuance of any Notices required thereby.
Section 23. Termination for Default
A. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for the County to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the County or the Design Professional or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents.
B. The County shall notify Contractor in writing of Contractor's default(s). If the County determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then the County, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which the County, in its sole discretion, may choose. C. If the County deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All monies expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by the County incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to the County on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the County to complete the Work, such excess shall be paid to the Contractor. The amount to
20 be paid to the Contractor or the County, as the case may be, shall be approved by the Design Professional, upon application, and this obligation for payment shall survive termination of the Agreement.
D. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by the County in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder.
E. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that the County is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against the County shall be the same as and limited to those afforded Contractor under Section 24 below.
Section 24. Termination for Convenience and Right of Suspension
A. The County shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, damages or any anticipated profit on portions of the Work not performed.
B. The County shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension.
Section 25. Completion
A. When the entire Work (or any portion thereof designated in writing by the County) is ready for its intended use, Contractor shall notify the County and Design Professional in writing that the entire Work (or such designated portion) is substantially complete and request that Design Professional issue a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion). Within a reasonable time thereafter, the County, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If the County and Design Professional do not consider the Work (or designated portion) substantially complete, Design Professional shall notify Contractor in writing giving the
21 reasons therefor. If the County and Design Professional consider the Work (or designated portion) substantially complete, Design Professional shall prepare and deliver to Contractor a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion) which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. The County shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but the County shall allow Contractor reasonable access to complete or correct items on the tentative punch list. The risk of loss for the Project and the Work performed thereon shall not pass to the County until the Certificate of Substantial Completion (or Partial Substantial Completion) is approved by the Design Professional.
B. Within fourteen (14) calendar days of receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Design Professional will make such inspection and, if he finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that, on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) the Release and Affidavit in the form attached, (2) consent of surety to final payment, (3) all required As-Builts, shop drawings and other submittals; and (4) if required by the County, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by the County. The County reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued his recommendations. Unless and until the County is completely satisfied, neither the final payment nor the retainage shall become due and payable.
C. Prior to final payment, the Design Professional may request the Contractor to permit the use of a specified part of the Project which the County believes it may use without significant interference with construction of the other parts of the Project. If the Contractor agrees, he will certify to the Design Professional that said part of the Project is Substantially Complete and request the Design Professional to issue a Certificate of Substantial Completion for that part of the Project. Within fourteen (14) calendar days thereafter, the Design Professional and the Contractor will make an inspection of that part of the Project to determine its status of completion. If the County considers that part of the Project to be Substantially Complete, the Design Professional will deliver to the Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, and listing the punch list of items to be completed or corrected before final payment and fixing the responsibility between the County and the Contractor for maintenance, heat and utilities as to that part of the Project. The County shall have the right to exclude the Contractor from any part of the Project which is so certified to be Substantially Complete, but the County will allow the Contractor reasonable access to complete or correct items on the punch list.
22 Section 26. Warranty
A. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project.
B. Contractor warrants to the County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law.
C. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for progress payment, whether incorporated in the Project or not, will be passed to the County prior to the next application for progress payment, free and clear of all liens, claims, security interest and encumbrances; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Project subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.
Section 27. Tests and Inspections.
A. The County, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Design Professional with timely notice of readiness of the Work for all required inspections, tests or approvals.
B. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. When any portion of the Work subject to inspection is ready for such, the Contractor shall provide the Design Professional forty-eight (48) hours’ notice prior to the inspection. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Design Professional and the County.
23 C. If any Work that is to be inspected, tested or approved is covered without written concurrence from the Design Professional, such work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Design Professional timely notice of Contractor's intention to cover the same and Design Professional has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional's observation and be replaced at Contractor's sole expense.
D. The County shall charge to Contractor and may deduct from any payments due Contractor all engineering, and inspection expenses incurred by the County in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays.
E. Neither observations nor other actions by the Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents.
Section 28. Defective Work
A. Work not conforming to the requirements of the Contract Documents in the sole judgment of the Design Professional shall be deemed defective Work. If required by the County or Design Professional, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by the County or Design Professional, remove it from the site and replace it with conforming Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same.
B. If the County or Design Professional consider it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at the County's or Design Professional's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or Design Professional may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction.
C. If any portion of the Work is defective, or Contractor fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or Design Professional may order Contractor to stop the Work, or any portion thereof, until the cause for
24 such stop in the work has been eliminated; however, this right of the County and Design Professional to stop the Work shall not give rise to any duty on the part of the County or Design Professional to exercise this right for the benefit of Contractor or any other party.
D. Should the County determine, in its sole opinion, that it is in the County's best interest to accept defective Work, the County may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such defective Work after final payment, Contractor shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the defective Work.
E. If Contractor fails, within a reasonable time after the written notice from the County or Design Professional, to correct defective Work or to remove and replace rejected defective Work as required by Design Professional or the County, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which the County has paid Contractor but which are stored elsewhere. Contractor shall allow the County, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.
Section 29. Supervision and Superintendents
A. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to the County and Design Professional except under extraordinary circumstances. The superintendent shall be Contractor's
25 representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. The County shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause.
Section 30. Protection of Work
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or the County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger said Work or property.
C. Contractor shall not disturb any benchmark established by the Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Design Professional's benchmarks, Contractor shall immediately notify the County and Design Professional. The Design Professional shall reestablish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith.
Section 31. Emergencies
A. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from the County or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Design Professional written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Design Professional determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time.
Section 32. Use of Premises
A. The County will furnish, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands which entail the Project Site upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for the use of the Contractor. The Contractor shall provide for all additional lands and access
26 thereto that may be required for temporary construction facilities or storage of materials and equipment unless designated otherwise.
B. The Contractor shall be responsible for staging, protecting, and storing equipment or materials. Contractor shall confine all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work.
Section 33. Safety
A. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:
A.1. All employees on the Work and other persons and/or organizations who may be affected thereby;
A.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and
A.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents.
B. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by the County has occurred.
C. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to the County. County shall have the right to direct Contractor to remove and replace this individual, with or without cause.
Section 34. Project Meetings
27 A. Prior to the commencement of Work, the Contractor shall attend a preconstruction conference with the Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Design Professional or the County with respect to the Project, when directed to do so by the County or Design Professional. Contractor shall have its subcontractors and suppliers attend all such meetings (including the preconstruction conference) as may be directed by the County or Design Professional.
Section 35. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement:
A. Legal Advertisement B. Invitation to Bid C. Bid Proposal with required forms D. Performance Bond E. Public Payment Bond F. Insurance Requirements, including certificates of insurance G. Form of Release and Affidavit H. Change Order Form
Section 36. Notices.
A. All notices required or made pursuant to this Agreement by the Contractor to the County shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following:
Wakulla County Administrator 3093 Crawfordville Highway Crawfordville, Florida 32327
With a copy to: Cleve Fleming, Public Works Director ESG Operations, Inc. 340 Trice Lane Crawfordville, Florida 32327
B. All notices required or made pursuant to this Agreement by the County to Contractor shall be made in writing and shall be delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, or by Federal Express, addressed to the following:
Corporate Name of Contractor: PEAVY AND SON CONSTRUCTION CO., INC.
28 Address (including city, state and zip): 39 SCHWALL RD HAVANA, FL 32333 Name of person with their title to whose Attention the notice should be sent: ENSWORTH BLYDEN, MANGER Telephone and Fax numbers: 850.539.5019
C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section.
Section 37. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
Section 38. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement.
Section 39. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida.
Section 40. No Waiver.
The failure of the County to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision.
Section 41. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement.
Section 42. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof.
29
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below.
CONTRACTOR: PEAVY AND SON CONSTRUCTION CO., INC (Company Name) ATTEST:
By:______(Signature) ______(Printed) Its: ______(Title) Date: ______
Witness:
Its:______President/Corporate Secretary/Witness Date:______[Corporate Seal]
______2nd Witness (if not incorporated)
OWNER: Board of County Commissioners of Wakulla County, Florida
(SEAL) By:______Chairman
Clerk: ______Date:______
______Approved as to Form and Content:
30
County Attorney
31 EXHIBIT A LEGAL ADVERTISEMENT
EXHIBIT B INVITATION TO BID
EXHIBIT C BID PROPOSAL WITH REQUIRED FORMS
EXHIBIT D PERFORMANCE BOND
BOND NO.______
KNOW ALL MEN BY THESE PRESENTS: That ______, as Principal, whose principal business address is ______and phone number is ______, and ______, as Surety, whose principal address is______and phone number is: ______are held and firmly bound to Wakulla County, Florida (the "COUNTY"), as Obligee in the sum of:______($______) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the ______day of ______, 20____, with Obligee for ______WAKULLA COUNTY Project No.:______in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees, including appellate proceedings, that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications.
This bond is intended to comply with provisions of Section 255.05, Florida Statutes, and all terms and conditions of said statute are incorporated herein by reference thereto, specifically including but not limited to the notice and time limitation provisions of said section. In the event of any conflict, ambiguity or discrepancy between Section 255.05, Florida Statutes, and this Bond, Florida Statutes shall control. No right of action shall accrue on this Bond to or, for the use of any person or entity other than the COUNTY and those persons or corporations provided for by said statute, their heirs, executors, administrators, successors or assigns.
It is further agreed and understood that if the COUNTY is required to initiate legal proceedings to recover on this Bond, the COUNTY may also recover its costs relating there to, including a reasonable amount for its attorney’s fees and legal assistant’s fees before trial, at trial, on appeal and in bankruptcy.
IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of ______,20____, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered in the presence of:
PRINCIPAL: PEAVY AND SON CONSTRUCTION CO., INC. (Company Name of Contractor)
By:______(Officers Signature) ______(Officers Name Printed)
Witnesses as to Principal Name:______(Signature) Its:______(Title)
STATE OF ______
COUNTY OF ______
The foregoing instrument was acknowledged before me this ______day of ______, 20 ______, by ______(officer’s name), as ______(title) of ______(company name), a(n)______(state) corporation, on behalf of the corporation. He/she is personally known to me OR has produced ______as identification and did (did not) take an oath.
My Commission Expires: ______
Signature of Notary :______(Legibly Printed) ______
(AFFIX OFFICIAL SEAL) Notary Public, State of______
Commission No. ______
ATTEST: SURETY:
______(Printed Company Name) ______(Business Address)
______(Surety Authorized Signature) (Printed Name)
Witness as to Surety ______(Signature) ______(Printed Name)
OR
______As Attorney in Fact (Signature) (Printed Name)
(Attach Power of Attorney)
Witnessed by: ______(Signature) (Printed Name)
______(Business Address) (Telephone Number)
STATE OF ______
COUNTY OF ______
The foregoing instrument was acknowledged before me this ______day of ______, 20____, by______(officer’s name), as______(title) of ______Surety, on behalf of Surety. He/She is personally known to me OR has produced ______as identification and who did (did not) take an oath.
My Commission Expires: ______
Signature of Notary :______(Legibly Printed) ______
(AFFIX OFFICIAL SEAL) Notary Public, State of______
Commission No. ______
EXHIBIT E PUBLIC PAYMENT BOND
BOND No. ______
KNOW ALL MEN BY THESE PRESENTS: That______, as Principal, whose principal business address is: ______and phone number and fax numbers are: ______and ______, as Surety, whose principal address is: ______and phone number and fax numbers are: ______are held and firmly bound to WAKULLA COUNTY, FLORIDA (the "COUNTY") as Obligee in the sum of______($______) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the ____ day of ______, 20___, with Obligee for ______in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and this referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of ______, 20___, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of:
E-1 PRINCIPAL: PEAVY AND SON CONSTRUCTION CO. INC. (Company Name of Contractor)
By:______(Officer’s Signature) ______(Officer’s Name Printed)
Witnesses as to Principal Name:______(Signature) Its:______(Title)
STATE OF ______
COUNTY OF ______
The foregoing instrument was acknowledged before me this ___day of ______,
20_____, by______(officer’s name), as
______(title) of ______, a
______corporation, on behalf of the corporation. He/she is personally known to me OR
has produced______as identification and did (did not) take an oath.
My Commission Expires: ______Signature of Notary: ______(Legibly Printed) ______(AFFIX OFFICIAL SEAL) Notary Public, State of ______Commission No.:______
ATTEST: SURETY:
______(Printed Company Name) ______(Business Address)
______(Surety Authorized Signature) (Printed Name)
Witness as to Surety: ______(Signature) ______(Printed Name) OR
E-2
______As Attorney in Fact (Signature) (Printed Name)
(Attach Power of Attorney)
Witnessed by: ______(Signature) (Printed Name) ______(Business Address)
______(Telephone Number)
STATE OF ______COUNTY OF ______
The foregoing instrument was acknowledged before me this ____day of ______, 20 __, by______(officer’s name), as______(title) of______Surety, on behalf of Surety. He/She is personally known to me OR has produced ______as identification and who did (did not) take an oath.
My Commission Expires: ______Signature of Notary: ______(Legibly Printed) ______(AFFIX OFFICIAL SEAL) Notary Public, State of ______Commission No:______
E-3
EXHIBIT F INSURANCE REQUIREMENTS CERTIFICATES OF INSURANCE
(1) The Contractor shall obtain and maintain such insurance as will protect it from: (1) claims under worker's compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss of use resulting there from -- any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the Contract Documents, whether such services, work and operations be by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.
(2) This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater.
(3) The Contractor shall require, and shall be responsible for assuring throughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor's work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others.
(4) The Contractor shall obtain, have and maintain during the entire period of the Agreement insurance policies, which contain the following information and provisions:
(A) The name and type of policy and coverages provided; (B) The amount or limit applicable to each coverage provided; (C) The date of expiration of coverage; (D) The designation of the COUNTY as an additional insured and a certificate holder. (This requirement may be excepted for Worker's Compensation and professional liability Insurance.); (E) The following clause must appear on the Certificate of Insurance:
Should any material change occur in any of the above described policies or should any of said policies be canceled before the expiration date thereof, the issuing company will mail at least thirty (30) days written notice to the COUNTY.
(5) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be considered justification for the COUNTY to terminate the Agreement.
F-1
(6) Contractor shall include the COUNTY, the COUNTY's agents, officers and employees in the Contractor's General Liability and Automobile Liability policies as additional insureds.
(7) If the COUNTY has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor in accordance with the requirements of the Contract Documents on the basis of its not complying with the Contract Documents, the COUNTY shall notify Contractor in writing thereof within thirty (30) days of the delivery of such certificates to the COUNTY. Contractor shall provide to the COUNTY such additional information with respect to its insurance as may be requested.
(8) The Contractor shall obtain and maintain the following insurance coverages as provided hereinbefore, and in the type, amounts and in conformance with the following minimum requirements:
WORKER'S COMPENSATION State: Statutory Employer's Liability: $1,000,000.00
COMPREHENSIVE GENERAL LIABILITY
Bodily Injury: $1,000,000.00 Each Occurrence Property Damage: $1,000,000.00 Each Occurrence
Comprehensive General Liability Insurance shall include:
Contractual Liability, Explosion, Collapse and Underground Coverages and Products and Completed Operations Coverages.
COMPREHENSIVE AUTOMOBILE LIABILITY
Bodily Injury: $1,000,000.00 Each Occurrence Property Damage: $1,000,000.00 Each Occurrence
Comprehensive Automobile Liability shall include coverage for any owned auto, non-owned autos and hired autos.
F-2
EXHIBIT G RELEASE AND AFFIDAVIT
COUNTY OF______
STATE OF FLORIDA
Before me, the undersigned authority, personally appeared ______, who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $______paid, ______("Contractor") releases and waives for itself and its subcontractors, materialmen, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against Wakulla County, Florida (the "COUNTY"), its Board of County Commissioners, employees and agents relating in any way to the performance of the Agreement between Contractor and the COUNTY, dated ______, ____, for the period from ______to ______.
(2) Contractor certifies for itself and its subcontractors, materialmen, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which the COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless the COUNTY, its Board of County Commissioners, employees and agents from all demands or suits, actions, claims of liens or other charges filed or asserted against the COUNTY arising out of the performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._____.
CONTRACTOR:
PEAVY AND SON CONSTRUCTION CO., INC.
By: ______(signature of the executive officer)
Its:______(title of the executive officer)
Date:______
Witnesses
______
[Corporate Seal]
STATE OF ______
COUNTY OF ______
The foregoing instrument was acknowledged before me this ______day of ______, ______, by ______, as ______of ______, a ______corporation, on behalf of the corporation. He/she is personally known to me or has produced ______as identification and did (did not) take an oath.
My Commission Expires: ______(Signature of Notary)
Name:______(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of______
Commission No.:______
EXHIBIT H CHANGE ORDER FORM
CHANGE ORDER NO. WAKULLA COUNTY PROJECT NO.
TO: ______
DATE: ______
PROJECT NAME: ______
Wakulla County Project No. ______
Under our AGREEMENT dated______.
****************************************************************************** You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: ______
FOR THE ADDITIVE or DEDUCTIVE Sum of: ______($______).
Original Agreement Amount $
Sum of Previous Changes $
This Change Order ADD/DEDUCT $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by ______calendar days due to this Change Order. Accordingly, the Contract Time is now ______(_____) calendar days and the final completion date is ______. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted:______, 20____ .
H-1
WAKULLA COUNTY, FLORIDA CONTRACTOR
By:______By:______Chair President
DESIGN PROFESSIONAL: By:______Consulting Engineer
H-2
Work Authorization No. 18-06 (Ivan Church Road SCRAP CEI)
EXHIBIT A Work Authorization No. 18-06
Professional Services Agreement Between Wakulla County, a political subdivision of the State of Florida and a Florida charter county and Anchor CEI, Inc.
A. SUMMARY OF SERVICES TO BE RENDERED This work authorization addresses the necessary engineering and design services for Ivan Church Road Improvements SCRAP CEI services, WA #18-06, FPID 440861-1-54-01. The project includes the widening and resurfacing of the existing roadway for approximately 1.4 miles from the northern intersection with 319 and the southern intersection with US 319 along with signage, striping and minor drainage improvements and safety improvements to the intersections with US 319.
The project is required to follow the State’s guidelines as it pertains to the Consultant’s Competitive Negotiation Action.
Tasks associated with this project include:
1. Construction Contract Administration. Upon successful completion of the Bidding and Negotiating Phase Consultant shall:
a. Consult with County and Contractors as reasonably required and necessary with regard to the construction of the project and act as County’s representative. All of County’s instructions to Contractor will be issued through Consultant.
b. Coordinate and conduct a Pre-Construction Conference prior to commencement of Work at the Site.
c. Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Consultant, including the Progress Schedule, Schedule of Submittals, and Schedule of Values.
d. As appropriate, establish baselines and benchmarks for locating the Work which in Consultant’s judgment are necessary to enable Contractor to proceed.
e. In connection with observations of a contractor’s Work while it is in progress:
i. Make visits to the Site at intervals appropriate to the various stages of construction, as Consultant or County deems necessary, but at least monthly, to observe as an experienced and qualified design professional the progress and
1
Work Authorization No. 18-06 (Ivan Church Road SCRAP CEI)
quality of contractor’s executed Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of contractor’s Work in progress or to involve detailed inspections of contractor’s Work in progress beyond the responsibilities specifically assigned to Consultant in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Consultant’s exercise of professional judgment. Based on information obtained during such visits and observations, Consultant will determine in general if the Work is proceeding in accordance with the Contract Documents, and Consultant shall keep County informed of the progress of the Work.
ii. The purpose of Consultant’s visits to the Site will be to enable Consultant to better carry out the duties and responsibilities assigned to and undertaken by Consultant during the Construction Phase, and, in addition, by the exercise of Consultant’s efforts as an experienced and qualified design professional, to provide for County a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Consultant shall not, during such visits or as a result of such observations of contractor’s Work in progress, supervise, direct, or have control over contractor’s Work, nor shall Consultant have responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by contractor, for security or safety on the Site, for safety precautions and programs incident to contractor’s Work, nor for any failure of contractor to comply with Laws and Regulations applicable to contractor’s furnishing and performing the Work.
iii. The Consultant shall consult with the County’s inspector and review all observations and inspection reports performed by the County’s inspector to ensure the Work conforms in general to the Contract Documents. Consultant shall promptly notify the County as to any deviations from the Contract Documents.
f. Recommend to County that contractor’s Work be rejected while it is in progress if, on the basis of Consultant’s observations, Consultant believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents.
g. Review materials and workmanship of the Project and report to County any deviations from the Contract Documents which may come to the Consultant's attention; determine the acceptability of work and materials and make recommendation to County to reject items not meeting the requirements of the Contract Documents.
h. Recommend to the County in writing that the work, or designated portions thereof, be stopped if, in Consultant's judgment, such action is necessary to allow proper inspection, 2
Work Authorization No. 18-06 (Ivan Church Road SCRAP CEI)
avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition, such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents.
i. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractor's expense if deemed appropriate by the Consultant.
j. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of contractor’s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Consultant may issue Field Orders authorizing minor variations in the Work from the requirements of the Contract Documents.
k. Negotiate with the contractor the scope and cost of any contract Change Order or Work Change Directive and provide a recommendation to the County. Prepare and issue Change Orders and Work Change Directives as required or directed by the County.
l. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Consultant shall meet any Contractor’s submittal schedule that Consultant has accepted.
m. Evaluate and determine the acceptability of substitute or “or equal” materials and equipment proposed by contractor.
n. Require special inspections or tests of contractor’s work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by applicable laws and regulations of any governmental agency or the Contract Documents. Consultant’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests.
o. n/a
p. n/a
3
Work Authorization No. 18-06 (Ivan Church Road SCRAP CEI)
q. Render formal written decisions on all duly submitted issues relating to the acceptability of contractor’s work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor’s Work; review each duly submitted claim by County or Contractor, and in writing either deny such claim in whole or in part, approve such claim, or decline to resolve such claim if Consultant in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Consultant shall be fair and not show partiality to County or contractor and shall not be liable in connection with any decision rendered in good faith in such capacity.
r. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as Consultant's observations at the site and evaluations of the data reflected in contractor's application for payment, Consultant shall render a recommendation to County concerning the amount owed to the contractor and shall forward the contractor's application for such amount to County. Such approval of the application for payment shall constitute a representation by Consultant to County, based on observations and evaluations, that:
i. The work has progressed to the point indicated.
ii. The work is in substantial accordance with the Contract Documents.
iii. The contractor is entitled to payment in the recommended amount.
s. Receive, review, and transmit to County maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, shop drawings, samples and other data, and all required record documents which are to be assembled by contractor in accordance with the Contract Documents to obtain final payment.
t. Promptly after notice from contractor that contractor considers the entire Work ready for its intended use, in company with County and contractor, conduct a pre-final inspection to determine if the Work is substantially complete. If, after considering any objections of County, Consultant considers the Work substantially complete Consultant shall deliver a certificate of Substantial Completion to County and contractor. If not, Consultant shall develop a list of items needing completion or correction, forward said list to the Contractor and provide written recommendations to the County concerning the acceptability of Work done and the use of the Project.
u. Prepare and furnish to County two (2) sets of project record drawings showing appropriate record information based on Record Drawing information from contractor and Project documentation received from the County’s inspector. Consultant shall also provide County with an electronic copy of the project record documents.
4
Work Authorization No. 18-06 (Ivan Church Road SCRAP CEI)
v. In company with County, conduct a final inspection and assist County in closing out the construction contract, including but not limited to, providing recommendations concerning acceptance of the Project and preparing all necessary documents, including but not limited to, lien waivers, contractor’s final affidavit, close-out change orders, certificate of final completion, and final payment application.
w. The construction phase will terminate upon written recommendation by Consultant for final payment to Contractors.
2. Detailed Observation of Construction. Construction work shall be done under the full-time observation of at least one representative of Consultant; or by such additional representatives of the Consultant as may be necessary for observing the construction of the Project, as may be authorized and approved by the County. During detailed observation of construction Consultant shall act to protect County's interests in Project and:
a. Take 3 x 5 color 35 mm photographs of important aspects of the Project process and submit same together with corresponding negatives on a continuous basis to County; such pictures to be properly categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings.
b. Maintain appropriate field notes from which record drawings can be generated.
c. Maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project.
c. Observe operation or performance testing and report findings to County and contractor when potable water lines are involved upon completion of operable units.
3. Additional Services. If not otherwise included in the Basic Services outlined in Sections 1 and 2 above and if authorized in an approved Work Authorization, Consultant shall furnish the following additional services:
a. Preparation of applications and supporting documents (except those already to be furnished under this Contract) for private or governmental grants, loans, bond issues or advances in connection with the Project.
b. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, County's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond Consultant's control.
5
Work Authorization No. 18-06 (Ivan Church Road SCRAP CEI)
c. Preparation and submission of information to and necessary consultations with the local Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, regional water management districts, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless such permits are expressly included in Basic Services to be performed by Consultant hereunder as set forth in the Work Authorization issued hereunder.
d. Providing renderings or models for County's use.
e. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting County in obtaining process licensing.
f. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by Consultant hereunder.
g. Services during out-of-town travel required of Consultant and directed by County, other than visits to the Project site or County's office.
h. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein.
i. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys.
j. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein.
k. Preparing to serve or serving as a consultant or witness for County in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein).
l. Additional services rendered by Consultants in connection with a Project, not otherwise provided for in this Contract or not customarily furnished in accordance with generally accepted engineering practice.
6
Work Authorization No. 18-06 (Ivan Church Road SCRAP CEI)
B. PROJECT COST: PROJECT: Ivan Church Road FDOT FPID: 440861-1-54-01
Billed At Number of Hours Cost Extended Principal $145.00 49.5 $ 7,177.50 Sr. Inspector $65.00 280 $ 18,232.50 Admin Asst $45.00 33 $ 1,485.00
NOT-TO-EXCEED FEE: $ 26,895.00
C. PROJECT SCHEDULE: Construction - Contract Admin complete by June 30, 2018.
D. NOTICE/PROJECT MANAGER OF CONSULTANT
Project Manager: Inspector: Mrs. Elizabeth S. Moore, PE Mr. Drake Syfrett Anchor CEI, Inc. Anchor CEI, Inc. 450 Magnolia Ave 450 Magnolia Ave Panama City, FL 32401 Panama City, FL 32401 [email protected] [email protected] (850)814-6629 (850)532-5586
E. APPROVED BY:
Anchor CEI, Inc. Chair, Wakulla County Board of County Commissioners Elizabeth S. Moore, PE 450 Magnolia Ave Panama City, FL 32401 (850)814-6629
Dated this day of 2018
7 - EXHIBIT A - IVAN CHURCH ROAD WIDENING AND RESURFACING DETAILED BID TAB
C.W. Roberts Capital Asphalt Hale Contracting Peavy and Son Pigott Asphalt Roberts & Roberts PAY ITEM NUMBER DESCRIPTION UNIT QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST GENERAL COSTS 101-1 MOBILIZATION (5% of bid max) LS 1.00 $ 23,000.00 $ 23,000.00 $ 21,000.00 $ 21,000.00 $ 15,000.00 $ 15,000.00 $ 20,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 25,000.00 $ 25,000.00 102-1 MAINTENANCE OF TRAFFIC (2% of bid max) LS 1.00 $ 8,500.00 $ 8,500.00 $ 8,000.00 $ 8,000.00 $ 10,000.00 $ 10,000.00 $ 8,000.00 $ 8,000.00 $ 12,000.00 $ 12,000.00 $ 10,000.00 $ 10,000.00 110-1-1 CLEARING & GRUBBING LS 1.00 $ 15,850.00 $ 15,850.00 $ 5,000.00 $ 5,000.00 $ 19,002.50 $ 19,002.50 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL $ 47,350.00 $ 34,000.00 $ 44,002.50 $ 33,000.00 $ 27,000.00 $ 60,000.00 ROADWAY 110-7-1 MAILBOX RELOCATION EA 20.00 $ 150.00 $ 3,000.00 $ 150.00 $ 3,000.00 $ 100.00 $ 2,000.00 $ 8.00 $ 160.00 $ 25.00 $ 500.00 $ 150.00 $ 3,000.00 120-1 REGULAR EXCAVATION CY 360.00 $ 20.50 $ 7,380.00 $ 4.00 $ 1,440.00 $ 10.00 $ 3,600.00 $ 9.50 $ 3,420.00 $ 10.00 $ 3,600.00 $ 10.00 $ 3,600.00 120-2-2 BORROW EXCAVATION CY 1,500.00 $ 0.10 $ 150.00 $ 12.00 $ 18,000.00 $ 13.00 $ 19,500.00 $ 8.00 $ 12,000.00 $ 8.00 $ 12,000.00 $ 14.00 $ 21,000.00 120-6 EMBANKMENT CY 360.00 $ 16.50 $ 5,940.00 $ 4.00 $ 1,440.00 $ 10.00 $ 3,600.00 $ 11.50 $ 4,140.00 $ 10.00 $ 3,600.00 $ 15.00 $ 5,400.00 160-4 12" TYPE B STABILIZATION (2'-3" EACH SIDE) SY 3,650.00 $ 10.00 $ 36,500.00 $ 1.00 $ 3,650.00 $ 0.10 $ 365.00 $ 7.00 $ 25,550.00 $ 2.50 $ 9,125.00 $ 14.00 $ 51,100.00 162-1-11 PREPARED SOIL LAYER, FINISH SOIL LAYER, 6" SY 16,300.00 $ 0.25 $ 4,075.00 $ 0.50 $ 8,150.00 $ 0.90 $ 14,670.00 $ 1.00 $ 16,300.00 $ 1.00 $ 16,300.00 $ 1.00 $ 16,300.00 285-706 OPTIONAL BASE GROUP 6 (2'-3" EACH SIDE) SY 3,650.00 $ 13.60 $ 49,640.00 $ 17.00 $ 62,050.00 $ 15.00 $ 54,750.00 $ 8.50 $ 31,025.00 $ 13.60 $ 49,640.00 $ 15.00 $ 54,750.00 286-1 TURNOUT CONSTRUCTION SY 550.00 $ 6.56 $ 3,608.00 $ 5.00 $ 2,750.00 $ 20.00 $ 11,000.00 $ 12.50 $ 6,875.00 $ 22.00 $ 12,100.00 $ 25.00 $ 13,750.00 327-70-6 MILLING EXIST ASPH, 1.5" AVG DEPTH SY 360.00 $ 11.50 $ 4,140.00 $ 10.00 $ 3,600.00 $ 13.00 $ 4,680.00 $ 2.50 $ 900.00 $ 1.00 $ 360.00 $ 13.15 $ 4,734.00 334-1-12 SUPERPAVE ASPHALTIC CONC., TRAFFIC B TN 2,430.00 $ 88.00 $ 213,840.00 $ 95.00 $ 230,850.00 $ 100.00 $ 243,000.00 $ 91.00 $ 221,130.00 $ 100.00 $ 243,000.00 $ 105.00 $ 255,150.00 570-1-1 PERFORMANCE TURF SY 16,300.00 $ 0.50 $ 8,150.00 $ 0.40 $ 6,520.00 $ 1.00 $ 16,300.00 $ 0.35 $ 5,705.00 $ 0.45 $ 7,335.00 $ 0.45 $ 7,335.00 570-1-2 PERFORMANCE TURF, SOD SY 4,330.00 $ 2.10 $ 9,093.00 $ 2.00 $ 8,660.00 $ 3.75 $ 16,237.50 $ 2.25 $ 9,742.50 $ 2.20 $ 9,526.00 $ 2.05 $ 8,876.50 SUBTOTAL $ 345,516.00 $ 350,110.00 $ 389,702.50 $ 336,947.50 $ 367,086.00 $ 444,995.50 PAVEMENT MARKINGS 660-2101 LOOP ASSEMBLY - F&I, TYPE A AS 1.00 $ 1,300.00 $ 1,300.00 $ 1,500.00 $ 1,500.00 $ 1,595.00 $ 1,595.00 $ 1,300.00 $ 1,300.00 $ 1,200.00 $ 1,200.00 $ 1,600.00 $ 1,600.00 660-2102 LOOP ASSEMBLY - F&I, TYPE B AS 1.00 $ 875.00 $ 875.00 $ 1,000.00 $ 1,000.00 $ 1,375.00 $ 1,375.00 $ 1,100.00 $ 1,100.00 $ 1,200.00 $ 1,200.00 $ 1,400.00 $ 1,400.00 700-1-11 SINGLE POST SIGN EA 25.00 $ 315.00 $ 7,875.00 $ 300.00 $ 7,500.00 $ 375.00 $ 9,375.00 $ 300.00 $ 7,500.00 $ 285.00 $ 7,125.00 $ 315.00 $ 7,875.00 700-1-60 SINGLE POST SIGN, REMOVE EA 25.00 $ 11.00 $ 275.00 $ 20.00 $ 500.00 $ 35.00 $ 875.00 $ 11.00 $ 275.00 $ 10.00 $ 250.00 $ 12.00 $ 300.00 705-10-2 OBJECT MARKER, TYPE 2 EA 2.00 $ 54.50 $ 109.00 $ 100.00 $ 200.00 $ 165.00 $ 330.00 $ 55.00 $ 110.00 $ 150.00 $ 300.00 $ 55.00 $ 110.00 710-11-101 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 6" GM 2.80 $ 930.00 $ 2,604.00 $ 850.00 $ 2,380.00 $ 918.00 $ 2,570.40 $ 893.00 $ 2,500.40 $ 500.00 $ 1,400.00 $ 1,045.00 $ 2,926.00 710-11-123 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" LF 200.00 $ 1.65 $ 330.00 $ 2.50 $ 500.00 $ 1.65 $ 330.00 $ 1.58 $ 316.00 $ 2.50 $ 500.00 $ 1.65 $ 330.00 710-11-125 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF 60.00 $ 2.15 $ 129.00 $ 2.00 $ 120.00 $ 2.20 $ 132.00 $ 2.10 $ 126.00 $ 3.00 $ 180.00 $ 3.30 $ 198.00 710-11-160 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE MESSAGE STOP EA 1.00 $ 75.00 $ 75.00 $ 100.00 $ 100.00 $ 93.50 $ 93.50 $ 68.30 $ 68.30 $ 150.00 $ 150.00 $ 82.50 $ 82.50 710-11-201 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 6" GM 2.20 $ 930.00 $ 2,046.00 $ 850.00 $ 1,870.00 $ 918.00 $ 2,019.60 $ 893.00 $ 1,964.60 $ 500.00 $ 1,100.00 $ 1,045.00 $ 2,299.00 710-11-231 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SKIP, 6" GM 0.52 $ 500.00 $ 260.00 $ 650.00 $ 338.00 $ 495.00 $ 257.40 $ 473.00 $ 245.96 $ 1,000.00 $ 520.00 $ 605.00 $ 314.60 710-90 PAINTED PAVEMENT MARKINGS, FINAL SURFACE LS 1.00 $ 8,500.00 $ 8,500.00 $ 7,700.00 $ 7,700.00 $ 8,423.92 $ 8,423.92 $ 8,190.00 $ 8,190.00 $ 6,000.00 $ 6,000.00 $ 7,167.00 $ 7,167.00 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" LF 200.00 $ 2.00 $ 400.00 $ 2.00 $ 400.00 $ 1.93 $ 386.00 $ 1.90 $ 380.00 $ 3.00 $ 600.00 $ 4.40 $ 880.00 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF 60.00 $ 4.00 $ 240.00 $ 3.50 $ 210.00 $ 3.58 $ 214.80 $ 3.42 $ 205.20 $ 3.00 $ 180.00 $ 8.80 $ 528.00 711-12-125 THERMOPLASTIC, REFURBISHMENT, WHITE, SOLID, 24" LF 130.00 $ 3.00 $ 390.00 $ 3.00 $ 390.00 $ 2.75 $ 357.50 $ 2.63 $ 341.90 $ 5.00 $ 650.00 $ 8.80 $ 1,144.00 711-11-160 THERMOPLASTIC, STANDARD, WHITE MESSAGE STOP EA 1.00 $ 95.00 $ 95.00 $ 150.00 $ 150.00 $ 93.50 $ 93.50 $ 90.00 $ 90.00 $ 150.00 $ 150.00 $ 110.00 $ 110.00 711-16-101 THERMOPLASTIC, STANDARD-OTHER SURFACES, WHITE, SOLID, 6" GM 2.80 $ 4,100.00 $ 11,480.00 $ 3,600.00 $ 10,080.00 $ 3,996.00 $ 11,188.80 $ 3,885.00 $ 10,878.00 $ 3,800.00 $ 10,640.00 $ 4,290.00 $ 12,012.00 711-16-201 THERMOPLASTIC, STANDARD-OTHER SURFACES, YELLOW, SOLID, 6" GM 2.20 $ 4,100.00 $ 9,020.00 $ 3,600.00 $ 7,920.00 $ 3,996.00 $ 8,791.20 $ 3,885.00 $ 8,547.00 $ 3,800.00 $ 8,360.00 $ 4,290.00 $ 9,438.00 711-16-231 THERMOPLASTIC, STANDARD-OTHER SURFACES, YELLOW, SKIP, 6" GM 0.52 $ 2,000.00 $ 1,040.00 $ 1,800.00 $ 936.00 $ 1,944.00 $ 1,010.88 $ 1,900.00 $ 988.00 $ 1,800.00 $ 936.00 $ 2,200.00 $ 1,144.00 SUBTOTAL $ 47,043.00 $ 43,794.00 $ 49,419.50 $ 45,126.36 $ 41,441.00 $ 49,858.10 ROADWAY 120-1 REGULAR EXCAVATION SY 20.00 $ 33.00 $ 660.00 $ 10.00 $ 200.00 $ 20.00 $ 400.00 $ 24.50 $ 490.00 $ 10.00 $ 200.00 $ 33.00 $ 660.00 120-2-2 BORROW EXCAVATION CY 120.00 $ 11.00 $ 1,320.00 $ 13.00 $ 1,560.00 $ 20.00 $ 2,400.00 $ 8.00 $ 960.00 $ 10.00 $ 1,200.00 $ 33.00 $ 3,960.00 162-1-11 PREPARED SOIL LAYER, FINISH SOIL LAYER, 6" SY 90.00 $ 5.00 $ 450.00 $ 1.50 $ 135.00 $ 2.00 $ 180.00 $ 8.00 $ 720.00 $ 2.00 $ 180.00 $ 6.60 $ 594.00 210-2 LIMEROCK, NEW MATERIAL, BASE CY 5.00 $ 225.00 $ 1,125.00 $ 50.00 $ 250.00 $ 20.00 $ 100.00 $ 24.50 $ 122.50 $ 100.00 $ 500.00 $ 110.00 $ 550.00 334-1-12 1.5" (165 LBS/SY) TYPE SP-9.5 STRUCTURAL COURSE, TRAF B TN 1.00 $ 550.00 $ 550.00 $ 500.00 $ 500.00 $ 150.00 $ 150.00 $ 300.00 $ 300.00 $ 100.00 $ 100.00 $ 165.00 $ 165.00 400-1-2 CONCRETE CLASS I, ENDWALLS CY 5.00 $ 1,295.00 $ 6,475.00 $ 600.00 $ 3,000.00 $ 1,000.00 $ 5,000.00 $ 905.00 $ 4,525.00 $ 1,250.00 $ 6,250.00 $ 990.00 $ 4,950.00 430-94-1 DESILTING PIPE, 0 - 24" LS 1.00 $ 4,300.00 $ 4,300.00 $ 2,500.00 $ 2,500.00 $ 4,000.00 $ 4,000.00 $ 1,800.00 $ 1,800.00 $ 500.00 $ 500.00 $ 5,500.00 $ 5,500.00 430-175-124 PIPE CULVERT, RCP MATERIAL, ROUND 24" CD LF 43.00 $ 125.00 $ 5,375.00 $ 55.00 $ 2,365.00 $ 95.00 $ 4,085.00 $ 65.00 $ 2,795.00 $ 100.00 $ 4,300.00 $ 110.00 $ 4,730.00 570-1-2 PERFORMANCE TURF, SOD SY 90.00 $ 5.00 $ 450.00 $ 2.50 $ 225.00 $ 3.75 $ 337.50 $ 2.25 $ 202.50 $ 3.00 $ 270.00 $ 7.70 $ 693.00 SUBTOTAL $ 20,705.00 $ 10,735.00 $ 16,652.50 $ 11,915.00 $ 13,500.00 $ 21,802.00 BASE BID TOTAL $ 460,614.00 $ 438,639.00 $ 499,777.00 $ 426,988.86 $ 449,027.00 $ 576,655.60
**Corrected contractor error in areas highlighted in yellow**
50,906.04 Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 7, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Cody Solburg, Parks & Facilities Maintenance Director
Subject: Request Board Approval of a License Agreement Between Wakulla County and NextEdge Networks, LLC for Space at the Shell Point Bath House
Statement of Issue: This agenda item requests Board approval of a License Agreement between Wakulla County and NextEdge Networks, LLC for space at the Shell Point Bath House.
Background: NextEdge Networks, LLC contacted County staff to discuss a possible agreement to use the Shell Point Bath House to install and operate sensors and related communications equipment to collect data in order to determine whether the commercial companies using the 3.5 spectrum interfere with the communications systems of Government Incumbents.
Analysis: The proposed License Agreement (Attachment #1) will allow NextEdge Networks, LLC to install, operate, repair, and maintain communication equipment at the Shell Point Bath House. In addition, NextEdge Networks, LLC will provide the non-exclusive right of ingress and egress from a public right-of-way over an existing driveway, seven days a week, twenty-four hours a day, over the property to and from the premises. It should be noted that NextEdge Networks shall also keep the premises free of debris and any dangerous and/or offensive matter that would create a hazard.
NextEdge Networks will pay the County $1,800.00 per year as consideration for this use. This Agreement will terminate on February 1, 2023.
Budgetary Impact: Upon approval, the Facilities Maintenance fund will increase by $1,800.00 per year for the term of this Agreement.
Options: 1. Approve the License Agreement Between Wakulla County and NextEdge Networks, LLC for Space at the Shell Point Bath House. 2. Do Not Approve the License Agreement Between Wakulla County and NextEdge Networks, LLC for Space at the Shell Point Bath House. 3. Board Direction.
Request Board Approval of a License Agreement Between Wakulla County and NextEdge Networks, LLC for Space at the Shell Point Bath House February 20, 2018 Page 2
Recommendation: Option #1
Attachment(s): 1. License Agreement
DocuSign EnvelopeFL040 ID: Shell4A0B26E4-E632-4A25-AA07-D23505DFAD9D1D625B90-C27F-4677-8507-33E2D0FC3FEC point house
LICENSE AGREEMENT This License Agreement (“Agreement”) dated January 31, 2018 (“Effective Date”), between Wakulla County, Florida, a charter county and political subdivision of the State of Florida, located at 3093 Crawfordville Highway, Crawfordville FL, 32327 (“Licensor”), and NextEdge Networks, LLC, a Delaware limited liability company, with its principal offices at 240 Stockton Street, 3rd Floor, San Francisco, CA 94108 (“Licensee”). Licensor and Licensee are at times collectively referred to hereinafter as the “Parties” or individually as the “Party.” RECITALS In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties agree as follows: 1. LICENSE OF PREMISES.
a. Pursuant to all of the terms and conditions of this Agreement, Licensor agrees to license to Licensee space at a mutually agreeable location on the “Shell Point Bath House” (the “Premises”) located on real property located at 117 Beaty Taff Dr., Crawfordville, FL 32327, (the “Property”) for Licensee’s installation, operation, repair, and maintenance of communications equipment for use by NextEdge Networks and Federated Wireless, Inc., a Delaware Corporation consisting of sensors and related communications equipment as depicted in Exhibit “A”.
b. Furthermore, subject to Licensee’s faithful performance of Licensee’s covenants and conditions contained herein, Licensor grants Licensee the non-exclusive right of ingress and egress from a public right-of-way over an existing driveway, seven (7) days a week, twenty - four (24) hours a day, over the Property to and from the Premises for the purpose of installation, operation, and maintenance of Licensee’s communications facility. Such access is subject to any easements, covenants, and restrictions of record. Licensor grants Licensee or the servicing utility provider the right to install such utilities on, over and/or under the Property, provided the location of such utilities shall be approved by Licensor.
2. IMPROVEMENTS.
a. Licensee is authorized to install at its sole cost and expense the equipment noted in Exhibit A along with necessary utility hook-ups at a mutually agreeable location on the Premises of no more than 16 square feet on the upper side or roof of the Shell Point Bath House. No ground space is included in this license and none of Licensee’s Equipment will be located on the ground. Additionally, Licensee’s equipment will be placed at least 5 feet off the ground to ensure that no unauthorized people can gain access thereto.
b. Licensee shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Licensee.
c. Licensor shall not be required to make any repairs or improvements to the Premises. Licensee shall be responsible for all costs associated with its use and operation of the Premises.
3. CONDITION OF PROPERTY. a. Licensor makes no representations or warranties as to (i) the fitness of the Premises for the use intended by Licensee; (ii) the use or zoning of surrounding properties and its suitability for Licensee's use; or (iii) any other matters related to the use of the Premises.
A-1
DocuSign EnvelopeFL040 ID: Shell4A0B26E4-E632-4A25-AA07-D23505DFAD9D1D625B90-C27F-4677-8507-33E2D0FC3FEC point house
b. By execution of this Agreement, Licensee accepts the Premises in the condition existing as of the Commencement Date, as defined in Paragraph 4 below. Licensor makes no representation or warranty with respect to the condition of the Premises and Licensor shall not be liable for any latent or patent defect in the Premises.
4. TERM; PAYMENT. This Agreement shall be for a term commencing upon the Effective Date of this Agreement (the “Commencement Date”) and terminating on February 1, 2023. Within thirty (30) days of the Commencement Date and every February 15 thereafter for the initial Term, Licensee will pay Licensor, the sum of eighteen hundred dollars ($1,800.00) per year as consideration for this uses authorized under this License.
5. EXTENSIONS. This Agreement shall automatically be extended for three (3) additional five (5) year terms unless terminated in accordance with paragraph 9 below or unless Licensee terminates it at the end of the then current term by giving Licensor written notice of the intent to terminate at least two (2) months prior to the end of the then current term. The initial term and all extensions shall be referred to collectively herein as the “Term”. Licensee will pay Licensor, as consideration for any extension, an annual payment in the amount of one thousand nine hundred eighty seven dollars ($1,987.00). Said payment will be paid annually within thirty (30) days of each of extension in advance and each annual payment shall be increased annually by two percent (2%).
6. USE; GOVERNMENTAL APPROVALS. a. Licensee shall use the Premises for the purpose of installing, operating, repairing, and maintaining a communications facility that will collect data in order to determine whether the commercial companies using the 3.5 spectrum interfere with the communications systems of Government Incumbents. b. After completion of installation of the equipment, should Licensee desire to make any material changes to the equipment, Licensee shall obtain the approval of Licensor. A material change does not include additions to, replacements, upgrades or alterations of, any equipment in whole or in part (a) within the confines of the licensed space and (b) to the extent attached to the Premises, if the resulting replacement, upgrade or alteration is of substantially the same or lesser size, weight, wind and structural loading. All additions, replacements, upgrades, material and non-material alterations remain subject to all other provisions of this Agreement. Notice of any non-material alterations of any Equipment Facilities will be provided by Licensee to Licensor at least 5 days prior to commencing installation or repair.
c. It is understood and agreed that Licensee’s ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any federal, state or local authorities. Licensor shall cooperate with Licensee in its effort to obtain such approvals and shall take no action that would adversely affect the status of the Property with respect to the proposed use thereof by Licensee. d. Except as otherwise provided herein, Licensee shall have sole responsibility for the maintenance, repair and security of the equipment Facilities and shall keep the same in good repair and condition during the Term of this Agreement.
e. Licensee shall keep the Premises free of debris and any dangerous, noxious or offensive matter that would create a hazard or undue vibration, heat, noise or signal interference.
A-2
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f. In order to minimize disruption to the surrounding area, normal maintenance and repair to the equipment shall be restricted to the hours of 7:00 a.m. to 8:00 p.m., Monday through Friday, excluding legal holidays. Emergency maintenance and repairs to the equipment may be conducted at any reasonably necessary time. Licensee shall notify Licensor as soon as reasonably practicable regarding off-hour emergency maintenance and repair activities on the Premises.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY. a. Licensee shall indemnify and hold Licensor, its officers, employees, and agents harmless against any claim of liability or loss (including reasonable attorney's fees for trial, appellate, bankruptcy and administrative proceedings) from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the Licensee, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the Licensor, or its officers, employees, or agents. b. Except to the extent allowed by applicable law, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 8. INSURANCE. Licensee will maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. Licensee shall name the Licensor as an additional insured and provide the Licensor with a certificate of insurance evidencing such. 9. TERMINATION. Notwithstanding anything to the contrary contained herein, provided the terminating party is not in default hereunder beyond applicable notice and cure periods, either party shall have the right to terminate the Agreement by providing one hundred eighty (180) days’ prior written notice to the other party. In the event Licensor terminates this Agreement, Licensor will first make good faith efforts to assist Licensee in relocating Licensee’s equipment to another suitable location; provided, however, that Licensor cannot guarantee that it will have or offer another suitable location on the Property or other property owned by Licensor. If the parties mutually agree to an alternate location, Licensor and Licensee agree that the new location will be memorialized in an Amendment and all terms and conditions of this Agreement will remain in full effect. If Licensee and Licensor are unable to agree upon a new location, Licensor may terminate this Agreement and have no further obligations or liability to Licensee. 10. INTERFERENCE. a. Licensee’s communications facility shall not cause measurable interference to Licensor’s or any other Licensees of the Property’s equipment that is operating on the Property prior to the Effective Date, such measurable interference to be determined in accordance with then existing industry standards. If Licensee’s equipment causes measurable interference, Licensor will notify Licensee in writing, and Licensee will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at Licensee’s option, powering down such equipment and later powering up such equipment for intermittent testing.
b. In no event will Licensor be entitled to terminate the Agreement or relocate the equipment as long as Licensee is making a good faith effort to remedy the interference issue unless such interference issue is not remedied within sixty (60) days of Licensor’s notice to Licensee of the interference..
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c. Licensor agrees that Licensor and/or any other Licensees of the Property who currently have or in the future take possession of the Property will not install or operate equipment that causes measurable interference to Licensee’s then existing communications facility. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 11. REMOVAL AT END OF TERM. Licensee shall, within thirty (30) days after the expiration of this Agreement, remove its communications equipment and all personal property and restore the Premises to its original condition immediately prior to Licensee installation, reasonable wear and tear excepted. Licensor agrees and acknowledges that all of Licensee’s communications equipment and personal property shall remain Licensee’s personal property, and Licensee shall have the right to remove the same at any time during the Term. 12. WAIVER OF LICENSOR’S LIEN RIGHTS. Licensor expressly waives, releases and negates any and all liens and security interests (constitutional, statutory, contractual or otherwise) to which Licensor might now or hereafter be entitled on all communications equipment, trade fixtures, or other personal property or assets which Licensee may place or permit to be placed in or about the Premises. In connection with such waiver, Licensor agrees to enter into any such bona fide lien holder’s commercially reasonable form to acknowledge such waiver and Licensee will reimburse Licensor for all reasonable attorneys’ fees Licensor incurs in connection with such agreement. Such amounts shall be due and payable within thirty (30) days of Licensor’s written demand therefor. 13. RIGHTS UPON SALE. If Licensor sells or transfers the Property during the Term of the Agreement, such sale or transfer of interest will be under and subject to the Agreement and any such purchaser or transferee shall recognize Licensee’s rights hereunder the terms of the Agreement. 14. REPLACEMENT OR REMOVAL. a. Licensor may, in its sole discretion, replace or rebuild the Premises or a portion thereof. Such replacement will be at Licensor’s cost and not result in an interruption of Licensee’s communications services beyond that which is necessary to replace the Premises. If Licensee, in Licensee’s reasonable discretion, cannot operate the equipment from the existing Premises during such replacement or rebuild, Licensee may establish, at Licensee’s sole cost, a temporary facility on the Premises to provide such services as Licensee deems necessary during any such construction by Licensor so long as adequate space is then available. The location of such temporary facilities shall be subject to Licensor’s approval. At the request of either Party, Licensor and Licensee shall enter into an amendment to this Agreement to clarify the rights of each Party to the new Premises.
b. If, during the term of this Agreement, Licensor determines based on building structural standards that the Premises is or has become structurally unsound such that pursuant to generally accepted industry safety standards the Premises or a portion thereof must be removed, then, upon 90 days’ prior written notice to Licensee, Licensor may, in its sole discretion either remove the Premises and terminate this Agreement effective as of the date of such removal, or modify the Premises and offer Licensee the option of relocating its equipment to an alternate location on the modified Premises. If Licensee and Licensor are not able to agree on an alternate location on the modified Premises for the installation of Licensee’s equipment within the 90 day notice period, then Licensee or Licensor may elect to terminate the Agreement.
15. FCC RULES AND REGULATIONS. The parties acknowledge that the FCC Rules and Regulations govern the obligations of Licensee with respect to the operation of the equipment on the
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Premises. Consequently, the provisions set forth in this Agreement are expressly subject to the FCC Rules and Regulations. Licensee agrees, at Licensee’s sole cost, to comply with the foregoing as well as any and all other FCC Rules, Regulations and public guidance that may be promulgated during the Term of this Agreement as such provisions currently exist or are hereafter modified.
16. TAXES AND FEES. a. Pursuant to Florida law the Licensor is are exempt and immune from taxation. To the extent any utility fees, assessments, taxes or other governmental charges related to the licensed portion of the Premises or equipment are validly imposed, Licensee will pay to the appropriate entity all such fees, assessments, or other charges that may arise or are incurred for or during the Term in a timely manner, before they are delinquent. b. Licensee shall have the right to contest the validity or the amount of any utility fees, assessments, taxes or other governmental charges by appellate or other proceedings as may be appropriate in the jurisdiction, and may, if applicable, defer payment of such obligations if payment would operate as a bar to contest, and, if applicable, pay same under protest, or take such other steps as Licensee may deem appropriate, provided, however, that Licensee indemnifies and holds harmless Licensor from any expense (including reasonable attorney's fees for trial, appellate, bankruptcy and administrative proceedings) liability and loss arising out of such contest and pursues such contest in good faith with due diligence, posting any bond or security required by law in connection with the contest, giving Licensor written notice of its intention to contest, taking no action which shall cause or allow the institution of any foreclosure proceedings or similar action against the Premises. c. Should Licensee fail, refuse or neglect to pay any required utility fees, assessments, taxes or other governmental charges under this section, after receipt of written notice that same have not been paid, Licensor may pay them. On Licensor's demand, Licensee will repay Licensor all amounts thus paid, plus expenses and attorneys' fees reasonably incurred in connection with such payments, plus interest on all amounts at the highest rate allowed by law. Licensee's election to pay the utility fees, assessments, taxes or other governmental charges will not act as a waiver of a default for failure to pay same.
17. UTILITIES. Licensee shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its equipment and shall timely pay all costs associated therewith. Licensee shall have the right to obtain separate utility service from any licensed utility company that will provide such service to the Premises. Licensee covenants that it all utilities will be installed underground. Licensor agrees to grant utility easements to such utility companies as may be needed to operate and maintain the utility facilities serving the equipment. Licensee shall be responsible for all costs of installation and all fees for service from the utility providers.
18. CONDEMNATION.
a. Condemnation. In the event the Premises are taken by eminent domain, this Agreement shall automatically terminate as of the date title to the Premises vests in the condemning authority. In the event of any taking under the power of eminent domain, Licensee shall not be entitled to any portion of the award paid for the taking, and Licensee hereby expressly waives any right or claim to any portion thereof and all such damages shall belong to Licensor. Although all damages, whether awarded as compensation for diminution in value of the license or to the fee of the Premises, shall belong to Licensor, Licensee shall have the right to claim and recover from the condemning authority, but not from Licensor, such compensation as may be separately awarded or recoverable by Licensee for
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diminution in value of the equipment, any and all damage to Licensee’s business and any costs or expenses incurred by Licensee in moving or removing the equipment. Licensor will inform Licensee of the commencement of any eminent domain proceedings by any governmental authority.
b. Destruction. In the event the Premises are destroyed or damaged so as to materially interfere with Licensee’s effective use thereof through no fault of the Licensee, Licensor shall have the option of restoring or repairing the damaged portions of the Premises. If Licensor fails to take steps to repair the damages within thirty (30) days or such other reasonable time, Licensee will be entitled to terminate this Agreement as of the date the Premises became unusable.
19. HAZARDOUS MATERIALS AND RF RADIATION. a. Licensee represents and warrants that it will not generate, use, transport, store or dispose of any Hazardous Material, on or about the Premises in violation of any applicable statute, regulation, rule, law or ordinance. "Hazardous Material" shall mean any petroleum or petroleum products, asbestos, any substance known to cause cancer and/or reproductive toxicity, and/or any substance, material, chemical or waste defined or designated as hazardous, toxic, dangerous, radioactive or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease.
b. Licensor represents and warrants that it will not generate, use, transport, store or dispose of any Hazardous Material, on or about the Premises in violation of any applicable statute, regulation, rule, law or ordinance.
c. Licensee agrees to reduce power or suspend operation of its equipment if necessary and upon reasonable notice to prevent exposure of workers or the public to RF radiation in excess of the then-existing regulatory standards.
20. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LICENSOR: Wakulla County Administrator 3093 Crawfordville Highway Crawfordville, FL 32327
LICENSEE: NextEdge Networks, LLC 240 Stockton Street, 3rd Floor San Francisco, CA 94108 Attn: Network Operations
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 21. RECORDING. At Licensee’s request, Licensor agrees to execute a memorandum of agreement which Licensee may record with the appropriate recording officer. The date set forth in the memorandum
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is for recording purposes only and bears no reference to commencement of the Term. 22. DEFAULT AND REMEDIES. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each Party shall have the right, but not the obligation, to perform a defaulting Party’s duty or obligation on the defaulting Party’s behalf, or may terminate this Agreement immediately on written notice, if the defaulting Party fails to perform any covenant or commits a material breach of this Agreement and fails to diligently pursue a cure to its completion after thirty (30) days’ written notice specifying such failure or performance or default. Any costs and expenses incurred by the non-defaulting Party related to performing the defaulting Party’s duty or obligation shall be due and payable by the defaulting Party upon invoice submitted by the non- defaulting Party. 23. CASUALTY. If damage by fire or other casualty to the Building or Premises impacts Licensee’s use of the Premises, Licensor will use best efforts to provide an alternative site for Licensee to temporarily relocate its equipment to at its sole cost and expense to avoid disruption of Licensee’s ability to operate its communication facility. If the damage or other casualty cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt Licensee’s operations at the Premises for more than forty-five (45) days, then Licensee may, at any time following such fire or other casualty, terminate the Agreement upon fifteen (15) days’ prior written notice to Licensor. 24. FORCE MAJEURE. If a Party is delayed or prevented from the performance of its obligations under this Agreement by reason of earthquakes, landslides, hurricanes, strikes, lockouts, power failure, riots, war, acts of God or other reasons of similar nature, not the fault of the Party delayed in performing its obligations, such Party is excused from such performance of the period of delay. The period for the performance of any such act shall then be extended for the period of such delay.
25. PUBLIC RECORDS.
a. Licensee shall be required to cooperate with the Licensor relative to providing information requested in a timely manner and in the specified form.
b. Licensee shall comply with public records laws embodied in chapter 119, Florida Statutes, and specifically shall:
1. Keep and maintain all records pertaining to this Agreement. 2. Upon request from the Licensor provide the Licensor with any requested public records or allow the requested records to be inspected or copied within a reasonable time by the Licensor. 3. 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 Agreement term, and thereafter if the Licensee does not transfer all records to the Licensor. 4. Transfer, at no cost, to Licensor all public records in possession of the Licensee upon termination of this Agreement, and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Licensor, upon request from the Licensor, in a format that is compatible with the information technology systems of the Licensor. If the Licensee keeps and maintains public records upon the conclusion of this Agreement, the Licensee shall meet all applicable requirements for retaining public records that would apply to the Licensor.
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c. If CONTRACTOR does not comply with a public records request, the COUNTY shall treat that omission as breach of this Agreement and enforce the contract provisions accordingly. Additionally, if the CONTRACTOR fails to provide records when requested, the CONTRACTOR may be subject to penalties under section 119.10, Florida Statutes and reasonable costs of enforcement, including attorney fees.
IF THE LICENSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LICENSEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 926-0919, OR [email protected] OR BY MAIL AT 3093 CRAWFORDVILLE HIGHWAY, CRAWFORDVILLE FL 32327.
26. MISCELLANEOUS. a. This Agreement contains all agreements, promises and understandings between the Licensor and the Licensee regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the Licensor or the Licensee in any dispute, controversy or proceeding.
b. This Agreement may not be amended or varied except in a writing signed by all Parties. c. Licensee shall not assign this Agreement in whole or in part, or sublicense all or any part of the Premises or otherwise allow any third parties to use any part of the Premises without Licensor’s prior written consent, not to be unreasonably withheld, conditioned or delayed. If Licensor approves an assignment, sublicense, or third-party use, Licensor shall be a party to such assignment, sublicense, or use agreement between Licensee and third party. By signing this License, Licensor grants permission for Licensee to sublicense the Premises to Federated Wireless, Inc., a Delaware Corporation. d. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. e. The performance of this Agreement shall be governed, interpreted, construed, and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules. f. The Parties represent that each, respectively, has full right, power and authority to execute this Agreement.
[The Remainder of this Page is intentionally Left Blank; Signature Page to Follow]
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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LICENSOR: Wakulla County, Florida
By: Ralph Thomas, Chairman of the Board of County Commissioners Date:
Attest:
By: Brent X. Thurmond, Clerk of the Board
Approved as to form and content:
By: Heather Encinosa, County Attorney
LICENSEE: NextEdge Networks, LLC, A Delaware limited liability company
By: Name: Doug Wiest Its: CEO
2/1/2018 Date:
Attest:
By:
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EXHIBIT “A” PREMISES Page 1
Shell Point Bath House 117 Beaty Taff Dr., Crawfordville, FL 32327
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EXHIBIT “A” PREMISES Page 2
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EXHIBIT “A” PREMISES Page 3
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Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 6, 2018
To: Honorable Chairman and Members of the Board
From: Jared Miller, Sheriff, WCSO
Subject: Request Board Approval of a Temporary Road Closure for the St. Patrick’s Day Parade on Saturday, March 17, 2018
Statement of Issue: This agenda item requests Board approval to temporarily close Highway 319 from Myrtle Avenue to Dr. Martin Luther King Jr. Memorial Highway/Arran Road for the St. Patrick’s Day Parade on Saturday, March 17, 2018 at 10:00a.m. – 11:00a.m. or until completion of the Parade.
Background: The Wakulla County Historical Society started the St. Patrick’s Day events and sponsored the event until 2005 when the Crawfordville Lions Club took over as sponsors. This event is the major fundraiser for the Crawfordville Lions Club and 100% of monies raised is returned to the Citizens of Wakulla County in use for eye examines, glasses and hearing aids.
Analysis: The Crawfordville Lions Club is a non-profit and service organization working to help those less fortunate with eye exams, new glasses, and hearing aids, working through FSU and the Florida Lions Hearing Aid Bank. Without this fundraiser, we could not meet the requests received from the citizens of Wakulla County. In addition, approving the temporary road closing will allow for the St. Patrick’s Day Parade to conclude.
Budgetary Impact: None.
Options: 1. Approve the Temporary Road Closing for the St. Patrick’s Day Parade on Saturday, March 17, 2018. 2. Do Not Approve the Temporary Road Closing for the St. Patrick’s Day Parade on Saturday, March 17, 2018. 3. Board direction.
Request Board Approval of a Temporary Road Closure for the St. Patrick’s Day Parade on Saturday, March 17, 2018 February 20, 2018 Page 2
Recommendation: Option #1
Attachment(s): 1. Temporary Road Closure Permit
Board of County Commissioners Agenda Request
Date of Meeting: February 9, 2018
Date Submitted: February 9, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Heather Encinosa, County Attorney Jessica Welch, Communications & Public Services Director
Subject: Request Board Approval of an Interlocal Agreement Between Wakulla County and the City of St. Marks for Certain Municipal Services
Statement of Issue: This agenda item requests Board approval of an Interlocal Agreement between Wakulla County and the City of St. Marks for certain municipal services.
Background: Currently, there are numerous Interlocal Agreements between the County and the City of St. Marks with respect to the provision of certain municipal services. Staff felt it necessary to clean up the agreements and provide one comprehensive agreement.
Analysis: The proposed Interlocal Agreement (Attachment #1) provides one comprehensive agreement defining the duties and responsibilities of the County and the City of St. Marks with respect to the provision of certain municipal services including code enforcement, mosquito control, solid waste management, fire protection, emergency medical services, building code, and floodplain management. It should also be noted that this Agreement identifies certain existing interlocal agreements which will remain in full force and effect; and will terminate other existing interlocal agreements which are inconsistent with the terms of this consolidated agreement.
The City of St. Marks has reviewed and approved this Agreement. This Agreement may be terminated by either party upon 365 days prior written notice to the other party.
Budgetary Impact: None.
Options: 1. Approve the Interlocal Agreement Between Wakulla County and City of St. Marks for Certain Municipal Services. 2. Do Not Approve the Interlocal Agreement Between Wakulla County and City of St. Marks for Certain Municipal Services. 3. Board Direction.
Request Board Approval of an Interlocal Agreement Between Wakulla County and the City of St. Marks for Certain Municipal Services February 20, 2018 Page 2
Recommendation: Option #1
Attachments: 1. Interlocal Agreement
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 7, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Sheree T. Keeler, Intergovernmental Affairs & RESTORE Act Director
Subject: Request Board Approval of a Resolution Approving and Authorizing the Execution of a Lease Agreement for Use of a Portion of Florida Department of Transportation Right-of-Way for a Temporary Ochlockonee Bay Bicycle Trail Trailhead Parking Area at the Intersection of U.S. Highway 98 and County Road 372; Accepting the Conveyance of Land by a Public Purpose Quitclaim Deed for Adjoining Property to be Used as a Future Location for the Trailhead Facilities
Statement of Issue: This agenda item requests Board approval of a Resolution (Attachment 1) approving and authorizing the execution of a lease agreement (Attachment 1, Exhibit A) for use of a portion of Florida Department of Transportation (FDOT) right-of-way (ROW) for a temporary Ochlockonee Bay Bicycle Trail (OBBT) trailhead parking area at the intersection of U.S. Highway 98 and County Road 372; accepting the conveyance of land by a public purpose Quitclaim Deed (Attachment 1, Exhibit B) for adjoining property to be used as a future location for the trailhead facilities.
Background: The County and FDOT worked cooperatively in an effort for FDOT to acquire the property formally known as the Oaks Restaurant, located at the corner of US 98 and CR 372. The FDOT acquired this property as a future development for an OBBT and future Capital City to the Sea (CC2S) Loop trailhead. However, there is an immediate need to provide public parking at this location to provide access to the OBBT until funds are available for constructing a full service trailhead facility.
FDOT has agreed to lease a portion of the public ROW as temporary public parking for the OBBT, with the condition that the County accept conveyance from FDOT and ownership of the parcel of land designated for development of a future permanent trailhead to be used by the public. The attached map (Attachment 2), provides a description of the property, property boundaries and existing features.
Analysis: FDOT requires the County to adopt a Resolution showing that the Board has approved and authorized the execution of the lease agreement and quick claim deed. Therefore, staff are requesting Board approval of the proposed Resolution approving the Lease Agreement and accepting the Public Purpose Quitclaim Deed. Requests Board Approval of a Resolution Approving and Authorizing the Execution of a Lease Agreement for Use of a Portion of Florida Department of Transportation Right-of-Way for a Temporary Ochlockonee Bay Bicycle Trail Trailhead Parking Area at the Intersection of U.S. Highway 98 and County Road 372; Accepting the Conveyance of Land by a Public Purpose Quitclaim Deed for Adjoining Property to be Used as a Future Location for the Trailhead Facilities February 20, 2018 Page 2
Budgetary Impact: None.
Options: 1. Approve the Resolution Approving and Authorizing the Execution of a Lease Agreement for Use of a Portion of Florida Department of Transportation Right-of-Way for a Temporary Ochlockonee Bay Bicycle Trail Trailhead Parking Area at the Intersection of U.S. Highway 98 and County Road 372; Accepting the Conveyance of Land by a Public Purpose Quitclaim Deed for Adjoining Property to be Used as a Future Location for the Trailhead Facilities. 2. Do not approve the Resolution Approving and Authorizing the Execution of a Lease Agreement for Use of a Portion of Florida Department of Transportation Right-of-Way for a Temporary Ochlockonee Bay Bicycle Trail Trailhead Parking Area at the Intersection of U.S. Highway 98 and County Road 372; Accepting the Conveyance of Land by a Public Purpose Quitclaim Deed for Adjoining Property to be Used as a Future Location for the Trailhead Facilities. 3. Board direction.
Recommendation: Option #1
Attachment(s): 1. Draft Resolution with Exhibits A and B 2. Property Map
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 2, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director Melissa Corbett, Senior Planner
Subject: Request Board Approval of a Resolution Replacing and Appointing a Member to the Wakulla County Historic Preservation Committee
Statement of Issue: This agenda item requests Board approval of a Resolution replacing and appointing a member to the Wakulla County Historic Preservation Committee.
Background: On January 22, 2013, the Board adopted Ordinance 2013-04 establishing the County’s Historic Preservation Program and the Historic Preservation Committee (HPC). The primary responsibility of the HPC is to review and make recommendations to the Board of County Commissioners on matters relating to the designation, regulation and administration of historical, cultural and architectural resources within the unincorporated County.
The Board of County Commissioners has the responsibility to appoint members to the HPC, pursuant to Ordinances 2013-04 and 2013-19.
Murray McLaughlin was appointed by the Board as one of the initial members to the HPC for a two year term on August 5, 2013. His term was renewed by the Board on August 5, 2015 for a four year term. His current term of service is set to expire on August 5, 2019. Mr. McLaughlin recently informed staff that he will be relocating outside of Wakulla County and therefore, will no longer be eligible to participate in the HPC. This will result in a vacant position on the Committee.
Analysis: In accordance with AR 1.03, Staff placed an advertisement noticing the vacant position in the January 18, 2018 edition of The Wakulla News (Attachment 1).
The HPC has been fortunate enough to have a citizen, Debra Jay show an interest in the vacant position. She has attended almost all of the HPC recent meetings. Mrs. Jay is a resident of Wakulla County and while she had a professional background in the medical field, she has volunteered with the
Request Board Approval of a Resolution Replacing and Appointing a Member to the Wakulla County Hi stori c Preservati on Commi ttee February 20, 2018 Page 2 of 2
Wakulla County Historical Society since 2014. Mrs. Jay is also the current president of the Historical Society. HPC members should have a background in architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related discipline to the extent possible per the HPC Membership Resolution. When approached by staff regarding her interest in serving on the HPC, she was amenable to joining the group and presented her resume for consideration (Attachment 2). No other citizens presented a response to the aforementioned advertisement.
Staff has prepared a draft Resolution which requests to appoint Debra Jay to serve the remainder of Mr. McLaughlin’s term (Attachment 3).
Budgetary Impact: None.
Options: 1. Approve the Resolution replacing and appointing a member to the Wakulla County Historic Preservation Committee. 2. Do not approve the Resolution replacing and appointing a member to the Wakulla County Historic Preservation Committee. 3. Board Direction.
Recommendation: Option #1
Attachment(s): 1. Advertisement 2. Debra Jay Resume 3. Proposed Resolution
RESOLUTION NO.______
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, REPLACING AND APPOINTING A MEMBER TO THE WAKULLA COUNTY HISTORIC PRESERVATION COMMITEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Wakulla County Board of County Commissioners (the “Board”) has
established the Wakulla County Historic Preservation Committee (the “Committee”) in
Ordinance No. 13-04 to review and make recommendations to the Board on matters related to
the designation, regulation and administration of historical, cultural and architectural resources
in Wakulla County; and
WHEREAS, in accordance with Ordinance No. 13-04 and Ordinance No. 13-19, the
Committee shall be comprised of five (5) members who are residents of Wakulla County from the disciplines of architecture, history, architectural history, planning, prehistoric and history archaeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related discipline, to the extent available in the community; and
WHEREAS, in Resolution #13-38 the Board appointed an initial slate of Committee
Members, one of which was Murray McLaughlin; and
WHERAS, Murray McLaughlin’s appointment was extended with an additional term consisting of four years that is set to expire on August 5, 2019; and
WHEREAS, Murray McLaughlin has resigned, leaving a vacancy that must be filled; and
WHEREAS, the reappointment of Committee members to be selected by the Board
requires approval of a Resolution affirming the selection and appointing the members of the
Committee by the Board; and
WHEREAS, the Board now desires to appoint/replace a member to serve on the
Committee as required in Ordinance No. 13-04 and Ordinance No. 13-19.
1 NOW, THEREFORE, be it resolved by the Board of County Commissioners of Wakulla
County, Florida, that:
SECTION 1. RECITALS. The above recitals are true and correct and are hereby
incorporated herein by reference.
SECTION 2. APPOINTMENT OF COMMITTEE MEMBERS. The Board hereby
appoints the following persons who are electors of Wakulla County and who are from the
discipline of architecture, history, architectural history, planning, prehistoric and history
archaeology, folklore, cultural anthropology, curation, conservation, landscape architecture or
related discipline, to serve as members of the Committee for the following terms:
(A) Debra Jay to serve the remainder of the four (4) year term, expiring August 2019.
SECTION 3. EFFECTIVE DATE. This Resolution shall become effective upon its
approval.
DONE AND ADOPTED in Wakulla County, Florida, by a vote of _____ to ____ this 20th
day of February, 2018.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
______RALPH THOMAS, Chairman
ATTEST:
______BRENT X. THURMOND, Ex Officio Clerk to the Board
APPROVED AS TO FORM:
______Heather Encinosa, Esq. County Attorney
2
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 9, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director
Subject: Request Board Approval to Schedule and Advertise Public Hearings Regarding an Ordinance Amending Section 6-18 of the Land Development Code Pertaining to Signs
Statement of Issue: This agenda item requests Board approval to schedule and advertise public hearings regarding an ordinance amending Section 6-18 of the Land Development Code pertaining to signs.
Background: On October 2, 2017, the Board directed staff to prepare an Ordinance amending the existing sign Ordinance related to single occupancy signs outside of the Crawfordville Town Plan Area. Suggested revisions were to remove the aggregate square footage requirement and allow for a percentage of the building’s façade above the entrance of a building. Additionally, including allowances for a specified percentage of signage to be placed on a canopy.
On January 8, 2018, staff presented a proposed Ordinance to the Board requesting direction to schedule and advertise the proposed amendments. At that time, the Board offered additional input and suggestions for staff to include in the Ordinance. The currently proposed Ordinance was developed based on staff perceptions of general consensus.
Analysis: The proposed Ordinance provides the following standards for signage located outside of the Crawfordville Town Plan Area: • For single occupancy sites: o Retains the aggregate total square footage requirement for all freestanding, wall and roof signage o Increasing the total square footage from 128 to 200 square feet of sign face area. • For multitenant sites: o Permits one freestanding sign per street frontage and increases the allowable sign face area from 200 to 250 square feet. Request Board Approval to Schedule and Advertise Public Hearings Regarding an Ordinance Amending Section 6-18 of the Land Development Code Pertaining to Signs February 20, 2018 Page 2
o Permits wall or roof signage not to exceed 32% of the building’s façade and is applicable to each street frontage. o Provides that building façade shall be calculated on the side of the building with road frontage, and shall be measured from the horizontal plane lying immediately above the highest point of the window, door or awning, whichever is applicable, to the roof of the main entrance of the building.
Should the Board approve to schedule and advertise these public hearings, staff anticipates the proposed Ordinance to be considered by the Planning Commission on March 12, 2018 and presented to the Board on March 19, 2018.
Budgetary Impact: Upon Board approval to advertise the public hearings on the proposed Ordinance, approximately $210 on advertising the public hearings in The Wakulla News will be expended.
Options: 1. Approve to schedule and advertise public hearings regarding an Ordinance amending Section 6-18 of the Land Development Code pertaining to signs. 2. Do not approve to schedule and advertise public hearings regarding an Ordinance amending Section 6-18 of the Land Development Code pertaining to signs. 3. Board Direction.
Recommendation: Option 1.
Attachment(s): 1. Proposed Ordinance ORDINANCE NO. 2018-______
AN ORDINANCE OF WAKULLA COUNTY, FLORIDA AMENDING AND REVISING SECTION 6-18(e), WAKULLA COUNTY LAND DEVELOPMENT CODE, REGULATING USAGE, LOCATION, AND SIZE OF ON-PREMISE SIGNAGE AT SINGLE OCCUPANCY SITES AND MULTITENANT OCCUPANCY SITES OUTSIDE OF THE CRAWFORDVILLE AREA DISTRICT; PROVIDING FOR SEVERABILITY, FOR CODIFICATION, AND FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (“Board”) wishes to amend and revise regulations related to the size and placement of on-premise signage at single occupancy and multitenant occupancy sites outside of the Crawfordville Area District; and
WHEREAS, it is the Board's intent that the provisions of these sign regulations be consistent with Chapter 479, Florida Statutes, regulating outdoor advertising; and
WHEREAS, the Board does not intend, nor shall this Ordinance be construed to censor speech, prohibit free expression, or regulate points of view, but instead intends only to regulate the secondary effects of signage, especially insofar as those secondary effects may adversely affects aesthetics and traffic and pedestrian safety; and
WHEREAS, the Board finds that the regulation of signage is in the best interest of the citizens and tourists of Wakulla County, adds to the protection of the character of the community, and promotes the health, safety, welfare, visual integrity, economic viability and property value of the community at large.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS. The above recitals are hereby incorporated herein and made part of this ordinance.
SECTION 2. AMENDMENT OF SECTION 6-18(e) OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE. Section 6-18 (e), of the Wakulla County Land Development Code, is hereby amended as follows: (words that are underlined are additions and words that are stricken shall be deleted):
(e) Permanent non-residential on-premise signs outside the Crawfordville Area District. The following restrictions shall apply:
(1) For currently occupied single occupancy buildings, one freestanding sign is permitted, per street frontage. In addition, any combination of wall signs and/or roof signs may be permitted, so long as the aggregate sign face area, including the area of a freestanding sign, does not exceed a maximum of 128 200 square feet per developed site. (2) For currently occupied multitenant buildings and multitenant parcels, one freestanding sign is permitted per street frontage, that shall not exceed a maximum of 200 250 square feet of sign face area per developed site. In addition, 32 square feet of 32% of the building façade area, calculated as described herein may contain wall or roof sign face per business is permitted. The building façade area shall be calculated on the side of the building with road frontage, and shall be measured from the horizontal plane lying immediately above the highest point of the window, door or awning, whichever is applicable, to the roof of the main entrance of the building.
SECTION 3. SEVERABILITY. Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid.
SECTION 4. CODIFICATION IN THE CODE OF ORDINANCES. It is the intention of the Board, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Wakulla County Code of Ordinances, and that the sections of this Ordinance may be renumbered to accomplish such intent.
SECTION 5. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed with the Department of State within ten (10) days after its enactment by the Board and shall be effective upon filing with the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Wakulla County, Florida this ______day of ______, 2018.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
By: ______RALPH THOMAS, Chair
ATTEST:
______BRENT X. THURMOND, Ex Officio Clerk to the Board APPROVED AS TO FORM AND CONTENT:
______HEATHER J. ENCINOSA, ESQ. County Attorney
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 14, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director Melissa Corbett, Senior Planner
Subject: Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-02 Pertaining to the Coastal Management Element and Recreation and Open Space Element
Statement of Issue: This agenda item requests Board approval to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report based Comprehensive Plan Text Amendment CP18- 02 pertaining to the Coastal Management Element and Recreation and Open Space Element.
Background: Pursuant to Section 163.3191, Florida Statutes, the County is required to evaluate its Comprehensive Plan once every seven years to determine if any changes are necessary to keep the plan in conformance with Florida Statutes since the last evaluation of the Comprehensive Plan. The Board adopted the last Evaluation and Appraisal Report (EAR) of the Comprehensive Plan on February 4, 2008 and implemented necessary alterations with EAR based Text Amendments that were adopted on May 17, 2010.
The evaluation and appraisal process has been simplified since the last time the County completed the EAR review. A detailed report on all of the changes that would need to be made to the Comprehensive Plan (the Plan) used to be required, however, effective June 2, 2011, local governments only have to submit a Letter of Determination (the Letter) saying whether their evaluation of the Plan has shown a need for amendments to the Plan or not. Staff reviewed the Plan and determined that modifications were needed to bring the Plan into consistency with current statutory requirements and to reflect current conditions. Therefore, a request to submit a Letter of Determination finding a need to amend the Plan was presented to the Board at their April 17, 2017 public hearing. This Letter was approved for submittal by the Board and subsequently submitted to the Florida Department of Economic Development (DEO) (Attachment 1). Text Amendments needed to bring the Plan into consistency are required to be transmitted to the State by May 1, 2018.
The Coastal Management Element (CME) and Recreation and Open Space Element (ROSE) of the Comprehensive Plan were reviewed as part of the EAR review and updates were determined to be necessary. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-02 Pertaining to the Coastal Management Element and Recreation and Open Space Element February 20, 2018 Page 2
Analysis: Staff has prepared a draft Ordinance to amend the CME and ROSE, which seeks to bring the language into conformance with State law, reflect current conditions of the County and to further implement associated planning documents (Attachment 2).
Proposed modifications to the CME include the following:
• General updates to the text were found to be necessary. Language changes to address the County’s removal of some of its wetland protection measures, which had been incorporated into the Plan were needed as part of this update. In addition, clarifications and additions, especially to abbreviations and definitions, were utilized to ensure proper use of references and clarity of the Plan’s policies. As Wakulla County complied with the now obsolete statutory requirement to transmit Comprehensive Plan Amendments in no more than two cycles a calendar year, modifications to the references of these Amendment cycles was also necessary. Additionally, language that requires the County to make revisions to the Coastal High Hazard Area and Coastal Construction Control Line is proposed for removal as these delineations are established by FEMA and FDEP respectively.
• References to outdated documents and completed projects were also removed as part of this update. References to the Peacetime Emergency Plan and related hurricane evacuation plan have been struck from the Element as these plans are no longer in use. The County now utilizes the Comprehensive Emergency Management Plan and Local Mitigation Strategy to address these evacuation and mitigation needs. This Text Amendment also proposes to update the language that seeks to create a blueways master plan as this plan was completed in 2012. The deletion of a comprehensive inventory of parcels for public access use is also included in the strike-through language as this was accomplished in 2017.
• The most notable addition to this proposal is a new Objective and related Policies, which seeks to address new requirements brought forth in the 2015 Florida legislative session. The aforementioned legislative session saw Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill No. 1094 passed, which created new regulations in Section 163.3178, Florida Statutes. The 2015 legislation required governments to include additional criteria within their CME related to development and redevelopment in areas subject to flood risk from high-tide events, storm surge, flash floods, stormwater runoff and sea-level rise. In preparing the proposed changes, staff researched currently existing language within other jurisdictions’ regulations related to development and redevelopment within areas at risk of flooding. The Florida Sea Grant organization put together comprehensive plan and land development regulation language pertaining to this topic of Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-02 Pertaining to the Coastal Management Element and Recreation and Open Space Element February 20, 2018 Page 3
flood risk from multiple Florida governments. Staff used these examples as a guide in preparing the proposed language.
Proposed modifications to the ROSE include the following:
• Many of the language amendments are being proposed to indicate the County’s progress on different undertakings. The first change included in the text pertains to the creation of a bicycle, pedestrian and recreation master plan. Such a plan was created and adopted by the Board on July 16, 2012. Therefore, the language was updated to reflect this progress. The creation of definitions and standards for recreation and open space was the second project that can be noted as completed. Instances of these definitions and standards incorporation in the Code can be found in the following:
a) Section 2-4 of the Wakulla County Land Development Code (LDC) defines a recreation facility
b) Open space use limitations are required in the zoning districts per Chapter 5
c) Recreation and open space are required as part of a PUD per Section 5-50 of the LDC
d) Certain percentages of open space are required in the landscaping of non-residential sites that are developed per Section 6-31
e) Chapter 23 of the Wakulla County Code of Ordinances contains park and recreation standards.
• The creation of a system to track accidents that occur on recreation and open space owned by the County is another item called out in the Element. The Parks and Facilities Management Department has created such a system and therefore the language has been modified to maintain that system.
• Revisions to language pertaining to joint agreements for use of school facilities as recreational sites were also found to be necessary. The County currently has an Interlocal Agreement with the Wakulla County School Board to allow for the shared use of facilities. However, the current wording specifies that the agreement should be with the Recreation Department. As the agreement is with the BOCC as a whole, this language was corrected to reflect this.
Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-02 Pertaining to the Coastal Management Element and Recreation and Open Space Element February 20, 2018 Page 4
Should the Board vote to schedule this Application for public hearings, then staff shall advertise it to be considered for transmittal to DEO at the Planning Commission meeting on March 12, 2018 and before the Board at their March 19, 2018 meeting.
If the Board votes to transmit the Application to the State, then staff will send the Text Amendment to DEO and other State agencies for review. DEO will have sixty days from the receipt of a complete application to review the proposal and provide an Objections, Recommendations and Comment (ORC) Report to the County. Once staff receives the ORC Report, any issues raised will be addressed and the Text Amendment can be considered by the Board again for adoption.
Budgetary Impact: If the Board directs staff to advertise the Application for public hearings, then approximately $210 will be spent on advertising the transmittal hearings in The Wakulla News. It is important to note that an additional advertisement to adopt the Text Amendment would also be required later in 2018.
Options: 1. Approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-02 pertaining to the Coastal Management Element and Recreation and Open Space Element. 2. Do not approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-02 pertaining to the Coastal Management Element and Recreation and Open Space Element. 3. Board Direction.
Recommendation: Option #1.
Attachment(s): 1. Letter of Determination 2. Draft Ordinance
ORDINANCE NO. 2018-__
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, RELATING TO THE REVISION OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; AMENDING, REVISING, AND READOPTING IN ITS ENTIRETY THE COASTAL MANAGEMENT ELEMENT AND THE RECREATION AND OPEN SPACE ELEMENT OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR APPLICABLITY AND EFFECT AND THE PRODUCTION OF AN OFFICIAL EDITION OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; REPEALING THE EXISTING COASTAL MANAGEMENT ELEMENT AND THE RECREATION AND OPEN SPACE ELEMENT OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR SEVERABILITY AND FOR FILING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Wakulla County Board of County Commissioners is empowered to adopt Ordinances pursuant to Chapter 125.66, Florida Statutes; and
WHEREAS, Chapter 163, Part II, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Wakulla County Board of County Commissioners to: (a) plan for the County’s future development and growth; (b) adopt and amend comprehensive growth management plans or elements or portions thereof, to guide the future growth and development of the County; (c) implement adopted or amended comprehensive growth management plans by the adoption of appropriate land development regulations; and (d) establish, support, and maintain administrative instruments and procedures to carry out the provisions and purposes of the Act; and
WHREAS, on or about April 17, 2017, Wakulla County submitted a Comprehensive Plan Evaluation and Appraisal (EAR) Letter of Determination to the Florida Department of Economic Opportunity stating a finding of need to amend the Comprehensive Growth Management Plan; and
WHEREAS, the Wakulla County Planning Commission has been established and designated as the Local Planning Agency (LPA) for unincorporated Wakulla County, Florida, pursuant to Subsection 163.3174, Florida Statutes; and
WHEREAS, the LPA and the Board have in the preparation of the Text Amendments to the Comprehensive Growth Management Plan performed or caused to be performed the necessary studies and surveys, the collection of appropriate data, the holding of such public hearings, workshops and meetings as necessary, and have effectively provided for public participation, notice, broad dissemination of proposals and alternatives, opportunity for written comments, open discussion, communication programs, information services, considerations of, and response to, public and official comments; and
1 WHEREAS, the Wakulla County Board of County Commissioners (Board) held its transmittal hearing to consider the recommendation of the Local Planning Agency on ______, and transmitted the proposed EAR based Text Amendments to the Department of Economic Opportunity (“DEO”), in its role as the State land planning agency, and to other State review agencies; and requested review and that State’s objections, recommendations, and comment (ORC) report; and
WHEREAS, the DEO, by letter dated ______, transmitted its ORC on the amended version of the Comprehensive Growth Management Plan to the County; and
WHEREAS, an amended version of the Text Amendments to the Comprehensive Growth Management Plan was prepared in view of the ORC report by the Department of Economic Opportunity; and
WHEREAS, on or about ______, the County scheduled and advertised the adoption hearing for the Text Amendments to the Comprehensive Growth Management Plan in The Wakulla News, a local newspaper of general circulation, for ______; and
WHEREAS, on or about ______the Board held a duly advertised public hearing in accordance with Section 163.3184, Florida Statutes, to consider and receive all oral and written comments relating to the proposed Text Amendments, including the data collection and analysis package, the Wakulla County Planning Commission recommendations; and
WHEREAS, in exercise of its statutory authority, the Wakulla County Board of County Commissioners has determined it necessary and desirable to adopt the amended version of the Comprehensive Growth Management Plan’s Coastal Management Element and Recreation and Open Space Element to further preserve and enhance present advantages; encourage the most appropriate use of land, water, and natural resources consistent with public interest; overcome present handicaps; and deal effectively and efficiently with future growth and problems that may result from the use and development of land within Wakulla County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY FLORIDA, AS FOLLOWS:
Section 1. Purpose and Intent.
This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, Chapter 125, Florida Statutes, and the Wakulla County Home Rule Charter.
Section 2. Amendments to the Comprehensive Growth Management Plan.
(A) The Board of County Commissioners of Wakulla County, Florida, hereby adopts as the Coastal Management Element and Recreation and Open Space Element of the Comprehensive Growth Management Plan for Wakulla County, Florida, the attached goals, objectives, policies, and referenced maps, for the Coastal Management Element and Recreation and Open Space Element, attached hereto as Attachments A and B and incorporated herein by reference.
(B) The revised version of the comprehensive plan for Wakulla County, Florida shall be entitled “The Wakulla County Comprehensive Growth Management Plan (Plan)” and shall include the following elements:
2
(1) Future Land Use Element: No Change
(2) Future Land Use Map: No Change
(3) Concurrency Management System: No Change
(4) Housing Element: No Change
(5) Infrastructure Element: No Change
(6) Transportation Element: No Change
(7) Coastal Management Element: See Attachment A
(8) Conservation Element: No Change
(9) Recreation and Open Space Element: See Attachment B
(10) Intergovernmental Coordination Element: No Change
(11) Capital Improvements Element: No Change
(12) Economic Development Element: No Change
(13) Public School Facilities Element: No Change.
(C) The amendment was fully considered after a public hearing pursuant to legal notice duly published as required by law.
Section 3. Official Edition
(A) Following the adoption of this Ordinance, a final edition of the Comprehensive Growth Management Plan shall be produced containing the text as adopted in its final form and related maps and that this edition shall be made available to the public.
(B) To make the Wakulla County Comprehensive Growth Management Plan available to the general public, a certified copy of this Ordinance, the Comprehensive Growth Management Plan, and any Amendments thereto, shall be located in the Wakulla County Planning and Community Development Department, located at 11 Bream Fountain Road, mailing address 3093 Crawfordville Highway, Crawfordville, Florida, 32327. The Planning and Community Development Department, through its Director, shall make copies available for public inspection, and provide duplication for a reasonable publication and copy charge.
Section 4. Applicability and Effect.
The applicability and effect of the Wakulla County Comprehensive Growth Management Plan shall be as provided by the Community Planning Act, Chapter 163, Part II, Florida Statutes, and this Ordinance. Except to the extent amended herein, the Comprehensive Growth Management Plan is hereby ratified, confirmed, and remains in full force and effect.
3 Section 5. Severability.
If any provision or portion of this Ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all the remaining provisions and portions of this Ordinance shall remain in full force and effect.
Section 6. Filing.
A Certified Copy of this Ordinance, as well as Certified Copies of the Wakulla County Comprehensive Growth Management Plan, and subsequent Amendments thereto, shall be filed with the Wakulla County Clerk of the Circuit Court.
Section 7. Repeal.
(A) The Coastal Management Element and Recreation and Open Space Element of the Comprehensive Growth Management Plan, adopted by Ordinance No. 10-11 and subsequently amended, is hereby repealed.
(B) The remaining portions of the Comprehensive Growth Management Plan shall remain in full force and effect.
Section 8. Effective Date.
(A) The effective date of this plan amendment shall be pursuant to the State Land Planning Agency's Notice of Intent if DEO finds the plan amendment in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency.
(B) A certified copy of this Ordinance shall be filed in the Department of State within ten (10) days after enactment by the Board and the Ordinance shall take effect as provided by law.
PASSED AND DULY ADOPTED this ____ day of ______, 2018.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
By: ______Chairman
ATTEST: APPROVED AS TO CONTENT AND FORM:
4 ______BRENT X. THURMOND, Ex Officio Heather Encinosa, Esq. Clerk to the Board County Attorney
5 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018
GOALS, OBJECTIVES AND POLICIES
COASTAL MANAGEMENT ELEMENT
Goal 1: To manage development activities within the coastal areas of the County so as to conserve and protect coastal resources, to protect human life, and to limit public expenditures in areas subject to destruction by natural disasters.
Objective 1: Protect natural resources, and their natural functions, in the coastal area by preventing development of coastal wetlands, significant wildlife habitats and estuaries.
Policy 1.1: The County shall prohibit discourage development of coastal wetlands or require and encourage mitigation where preservation is not feasible. Mitigation shall be permitted in lieu of preservation only as a last resort to avoid a taking, and only through planned unit development or special use permitting procedures, giving the Board of County Commissioners the opportunity to review specific plans and to evaluate alternative development arrangements. Development in wetlands shall be consistent with: applicable federal laws, regulations, and permits; state laws, administrative rules, and permits issued by the Department of Environmental Protection or other applicable state agencies; and the Wakulla County Charter and Code of Ordinances.
Policy 1.2: The County shall prohibit new pollution sources that degrade coastal natural resources along the County's rivers and bays. Stormwater regulations will require measures to prevent pollution of water bodies in coastal areas to preserve estuarine environmental quality by new development. Dumping of debris of any kind in coastal waters shall be prohibited. Septic tanks and drain fields for new development shall be set back from the shoreline of wetlands pursuant to Rule 64E-6, F.A.C., as amended.
Policy 1.3: The County shall require as a condition of development approval that any applicable State and Federal permits be obtained before development commences. that FDEP review land development proposals that are located on property in close proximity to a coastal wetland or significant wildlife habitat. These development proposals shall include drawings and other data illustrating the extent that coastal wetlands or wildlife habitat will be affected by surface water runoff or other impacts of the development. All development proposals will continue to be reviewed pursuant to the Land Development Code to protect coastal and estuarine environmental quality.
Policy 1.4: The County shall require coordinated FDEP review of proposals located in close proximity to coastal wetlands. Where the FDEP reviews development proposals and identifies existing disturbed areas on site which were originally coastal wetlands and which can be restored, the County shall coordinate with FDEP to ensure the applicant’s compliance with any applicable regulations contained in the Wakulla County Code of Ordinances. provide the applicant with information on methods for restoring the wetlands which modifications can be incorporated into the proposed development plan. The Land Development Code standards shall require restoration or mitigation as determined through the mandatory development plan review process.
Policy 1.5: The County shall require that where existing or restored coastal wetlands are included in a planned unit development, a DRI, or a Florida Quality Development (FQD) development proposal, provisions shall be made to ensure the permanent ownership and control of such wetlands by a government agency or by a private organization established for the purpose of preserving and protecting such areas (such as a homeowners CME-1 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018 association).
Policy 1.6: The County shall include in its planning and design of public infrastructure projects, a review of the impacts by such proposals on coastal wetlands and wildlife habitats, and shall include mitigation at a two to one ratio of identified adverse impacts in project specifications. Structures which constrict or divert the flow of waters in rivers and bays shall not be permitted. The County shall initiate a program of activities to protect living marine resources and maintain estuarine environmental quality by improving water quality. New or substantially modified structures shall not constrict or divert the natural flow of water or floodwater.
(1) The program of activities to protect living marine resources and estuarine environmental quality may include, but is not limited to the following:
(a) Special development conditions such as requiring that post-development runoff from a site shall not exceed peak pre-development runoff rates;
(b) Transferable development rights from estuarine areas or areas within the CHHA (Category One Hurricane Hazard Area Coastal High Hazard Area) to land outside such areas;
(c) Additional development review criteria that requires environmental assessment studies to determine long-range effects on marine resources for development proposals within a designated CHHA or adjacent estuarine or marine resource areas.
Policy 1.7: The County shall require retention of the first one-half (1/2) inch of rainfall. Such retention shall be on-site or in a drainage facility designed to allow settling and/or absorption of surface pollutants prior to discharge into the natural drainage system and to enhance the quality of sensitive coastal and estuarine habitats.
Policy 1.8: The County shall require planned unit developments, DRI's and FQD's to restore disturbed estuary shoreline areas and natural drainage systems. Where such areas are included in a proposed planned unit development, DRI's and FQD's to restore disturbed estuary shoreline areas and natural drainage systems. Where such areas are included in a proposed planned unit development, provisions shall be made to ensure permanent ownership and control of estuary shoreline areas and natural drainage systems by a government agency or by a private organization established for the purpose of preserving and protecting such areas.
Policy 1.9: The County shall require the coordinated review of all proposed development in or adjacent to coastal areas with applicable resource management agencies including but not limited to the Big Bend Seagrass Aquatic Preserve Management Plan, the Alligator Harbor Aquatic Preserve Management Plan, the Apalachicola Bay Aquatic Preserve Management Plan, and the Apalachicola National Estuarine Research Reserve Management Plan.
Policy 1.10: The County shall propose interlocal agreements with adjoining coastal counties and cities in Wakulla County to coordinate the review plans for public infrastructure and/or land development to reduce pollution sources, manage stormwater runoff and identify coastal wetland and estuary pollution from marinas and boat ramps.
Policy 1.11: The County shall designate the lands under lease from the Department of Environmental Protection (DEP) on Mashes Sands Island as a County bird sanctuary. CME-2 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018
Policy 1.12: Beach renourishment projects shall be limited to the winter and spring months in order to protect probable sea turtle nesting areas.
Policy 1.13: In order to protect manatees which migrate through Wakulla County each year, "No Wake" speed limits signs have been posted and are enforced (through the Department of Environmental Protection grant programs) in rivers and landings where manatees have been sighted.
Policy 1.14: The County shall actively seek grants to identify and initiate activities to prevent the destruction of coastal barriers, prevent development of beaches and dunes, establish construction standards to protect beach and dune systems and restore altered beaches.
Policy 1.15: New development is prohibited on Mashes Sands beaches and dunes. Where development is proposed on dunes, planned unit development or special use permitting procedures shall be required, giving the Board of County Commissioners the opportunity to review specific plans and to evaluate alternative development arrangements and conditions. Proposals involving planned unit developments, DRI's and FQD's shall include restoration of degraded dunes and provisions to ensure the permanent ownership and control of dunes systems by a government agency or by a private organization established for the purpose of preserving and protecting such areas.
Policy 1.16: The County shall establish a dune preservation zone at Mashes Sands Park.
Policy 1.17: The County shall include in its planning and design of public infrastructure projects, a review of proposed development impacts on beach and dune systems, and shall include mitigation of identified adverse impacts in the project approval conditions.
Policy 1.18: The County shall coordinate with FDEP and the NWFWMD to develop additional data and analysis to support specific programs under this Element. Where the new data and analysis indicates the need to revise specific policies or implementation programs, this will be done in the first round of the plan amendments as soon as possible after the data and analysis is complete. Specific data and analysis shall include: (a) a List (and map) of existing shoreline uses for the gulf coast and major bays and rivers in the coastal area showing which are water-dependent, which are water-related and which are neither, and analyzing the existing and potential conflicts which might result in result from the implementation of the plan; (b) a list (and map) of marine and estuarine pollution and non-point sources of pollution with particular emphasis on marine related sources; (c) a list of state, regional and local pollution control programs that can be used to address marine water quality issues; (d) a list of coastal structures and areas that have been subject to repeated damage from coastal storms; (e) a list (and map) of public facilities located in the coastal high hazard area indicating service areas, capacity, and replacement/ modernization plans; and (f) identification of potential beach renourishment areas.
Policy 1.19: The County shall revise its land development codes to improve or maintain existing estuarine environmental quality.
Policy 1.20: The County shall pursue grants and commit funding for studies to identify water related and dependent uses, and needed environmental protection and mitigation from marinas and boat ramp impacts.
Objective 2: Limit exposure of County citizens to risk from hurricanes by implementing the following policies: CME-3 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018
(A) The County shall establish and enforce development and construction standards, as provided in the following policies:
Policy 2.1: The County shall enforce applicable state and Federal Emergency Management Agency (FEMA) standards regarding the design and construction of structures located, and mobile homes placed or replaced, within the coastal high-hazard area. In addition, the County will discourage high density growth in the coastal high hazard zone by reviewing the impacts of higher density development on evacuation times and facility capacity.
Policy 2.2: The County shall enforce the standards of the Federal Emergency Management Agency (FEMA) with respect to the construction of buildings in the floodplains, the design and construction of utilities (including septic tanks and sanitary sewer systems) in floodplains, and the preservation of identified floodways.
Policy 2.3: The County shall require stormwater management systems developed in coastal high hazard areas to allow for evacuation, by techniques such as, but not limited to, locating facilities away from access corridors and by providing road drainage.
Policy 2.4: Land uses and land development shall be arranged so that new high-risk facilities such as, but not limited to, nursing facilities, hospitals, and correctional facilities are located north of Highway 98 (Coastal Highway) and are encouraged to locate as far north as possible.
Policy 2.5: The County shall continue to coordinate with the adjoining local governments the joint review of surface water runoff patterns to determine if activities in any one (1) jurisdiction will create hazards to adjoining coastal communities.
(B) The County shall, through the following program of activities, direct population concentrations away from the coastal high hazard area and limit public expenditures that subsidize development in the coastal high hazard area, except for restoration or enhancement of natural resources, and or removal of existing deficiencies.
Policy 2.6: The boundary of the coastal high hazard area is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surge from Hurricanes (SLOSH) computerized storm surge model identified as Zone VE on Flood Insurance Rate Maps and is shown on the Future Land Use Map series. After any significant storm event, the County shall review data on coastal area damage and determine if revisions to this delineation will be required. In addition, any applicable changes to the Coastal Construction Control Line shall be reviewed. When any changed data indicates the need to modify the Future Land Use Map series, such modification shall be proposed during the next regular plan amendment cycle as soon as possible.
Policy 2.7: As of the adoption of the plan, the County shall initiate a study to direct the planning and design of public infrastructure projects, as they relate to proposed development impacts, the potential for exposure to risks and hurricane evacuation needs. As existing public infrastructure facilities are found to be inadequate or obsolete, prior to replacement, the County will make an analysis of the opportunities and costs for relocating the facility to an area that is less exposed to risk. Where a facility can be replaced or relocated away from the coastal high hazard area, this will be done. Improvements to evacuation roadways shall be designed to ensure that travelways will remain above the 100-year flood elevation and that local drainage systems are designed and maintained to prevent the premature closing of evacuation routes. CME-4 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018
Policy 2.8: Land use decisions (including rezonings and amendments to the Future Land Use Map) in the coastal high hazard area shall consider the nature of the proposed land use and its relationship to hurricane evacuation needs and conditions, along with its relationship to the economic development needs, the environmental protection needs, and the infrastructure capacity in coastal areas. Land use plan changes in the Category 2 or lower vulnerability zone shall not be approved unless: (a) the change is made to reflect existing conditions; (b) the change results in a lower density; or (c) the applicant provides mitigation or makes contributions (i.e., impact fees, etc.) to improve evacuation capacity.
Policy 2.9: Prior to the beginning of hurricane season each year, the County shall provide information through the local media about potential risks and about storm safety and evacuation procedures. All residents in coastal high hazard areas will be ordered to evacuate when evacuation orders are issued by County officials.
Policy 2.10: The County shall utilize a regional shelter approach by maintaining shelter capacity for eight hundred (800) evacuees and by coordinating with Leon County for special needs shelters and pet shelters, and for sheltering needs in the event that shelters within Wakulla County are threatened by storm surge.
(C) The County shall ensure that existing hurricane evacuation times shall be maintained and shall prepare and update post disaster redevelopment plans which will reduce risks to life and property, based on the following program of activities, and revise the land development codes accordingly.
Policy 2.11: The County shall evaluate and incorporate additional hazard mitigation standards into the Peacetime Emergency Plan and shall evaluate any deficiencies identified in the hurricane evacuation analysis for incorporation into the Capital Improvements Element and the capital improvements program to prevent property loss, reduce potential risk to life, and reduce evacuation time.
Policy 2.12: The County shall evaluate opportunities for integration of County emergency preparedness procedures into the hurricane evacuation plan, and shall consider incorporating recommendations of inter- agency hazard mitigation reports into County procedures.
Policy 2.13 2.11: The County shall continue to coordinate with adjoining local governments on a joint review of opportunities and methods for reducing exposure to natural hazards.
Policy 2.14 2.12: The County shall continue to actively pursue state and FEMA grants to prepare and update the post-disaster redevelopment plan to identify immediate repair and clean-up actions to protect health and safety and to identify long term repair and redevelopment activities. These plans will provide criteria for determining the appropriate action (i.e., removal, relocation, and/or modification) of damaged infrastructure and unsafe structures. Areas subject to repeated damage will be identified and redevelopment of these areas will be limited to low investment and low impact activities and to activities that must locate in such areas for operational reasons.
Objective 3: Establish a program of activities to provide for development and redevelopment in coastal areas so as to enhance the local economy through the utilization of existing water oriented communities and activities which provide for the development of shoreline uses that give priority to water dependent uses, and identify necessary public improvements to support appropriate coastal development but do not degrade existing estuarine environmental quality. The County shall address shoreline protection and marine siting standards consistent with FDEP siting standards in its land development codes. CME-5 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018
Policy 3.1: The Land Development Codes shall include provisions for the review of proposals for siting of water dependent and water related uses, including marinas. The regulations shall include, but are not limited to, criteria which address: land use compatibility; availability of upland support services; existing protective status or ownership; hurricane plans; protection of water and estuarine environmental quality, water depth, environmental disruptions and mitigation actions; availability for public use; economic need and feasibility; and, protection of threatened or endangered species. In developing performance standards for shoreline development, no provision shall be more relaxed than would be the case for non-coastal development, except where such relaxed standard is necessary to address the unique nature of shoreline development and/or to implement the goal and objectives in this element.
(1)When revising the siting of public or private marina proposals, the County shall direct marina development to expansions of existing marinas where the areas have been previously disturbed to minimize environmental impacts to new areas. The siting of new marinas or the expansion of existing marinas shall be away from environmentally sensitive areas. The marina siting criteria shall include protection of environmentally sensitive lands, salt marsh areas, shellfish beds, and submerged grasses; shall address maintaining water quality; and shall require that sewerage collection and servicing facilities be provided with any marina which caters to live-aboard watercraft. The County shall direct new marina projects to areas where there is adequate water depth and minimal dredge and fill required to facilitate the proposal.
Policy 3.2: Subsequent to the adoption of the plan, the County shall propose to adjoining local governments the joint review of opportunities for providing adequate sites for water dependent uses.
Policy 3.3: Subsequent to the adoption of the plan, the County shall include within its annual review of the capital improvements program an analysis of existing and needed infrastructure to serve coastal development consistent with coastal resource protection and hurricane evacuation.
Policy 3.4: The County shall strive to balance property rights and public safety by allowing current residents to redevelop property in the Coastal High Hazard Area (CHHA) as long as the redevelopment of the property meets current requirements in accordance with the Future Land Use category of the property, State regulations, and Land Development Code regulations.
Objective 4: Enhance the public benefit of coastal areas for recreational, educational, cultural, and economic uses by increasing access to beaches and shoreline areas and by identifying and protecting historic resources in the coastal area through the implementation of the following program of activities.
Policy 4.1: The County shall address in its Land Development Codes the provision of public access to coastal areas through the identification of access corridors, commercial corridors, terminal vistas, and points of interest; the installation of signage by the County; the development of strategies by the County to protect access; and the requirement of Best Management Practices and design guidelines.
Policy 4.2: The County shall address in its Land Development Codes the provision of physical public access to beaches by providing parking areas and marked (signed) access points at all points where the County owns access rights, by coordinating public transportation schedules and service with beach access points, and by reviewing development proposals to secure additional access facilities. The County shall upgrade and repair existing designated parking prior to establishing new public parking access facilities. The County shall cooperate with FDOT to designate state highway right-of-ways for beach access parking. The County shall CME-6 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018 include parking facilities in future plans for new beach access facilities.
Policy 4.3: The County shall enforce public access to beaches renourished at public expense through prohibitions on privately maintained access requirements of the Coastal Zone Protection Act of 1985. Vehicular traffic will be prohibited on beaches, and existing public beach access points shall be identified for acquisition.
Policy 4.4: The County shall propose to adjoining local governments the joint review of opportunities for providing public access to beaches and shorelines.
Policy 4.5: The County shall include review procedures and performance standards for preservation, development or sensitive reuse of historic resources located within coastal areas. Procedures shall include requirements for impact studies before any building permit or rezoning is issued adjacent to any Department of State, Master Site File designated historic site.
Policy 4.6: The County shall designate as scenic facilities Mashes Sands Park, all land leased from the Department of Environmental Protection, and Lighthouse Point.
Objective 5: Promote recreational surface water use that considers natural resources, manatee protection needs, protection of working waterfronts and public access to the water, and recreation and economic demands.
Policy 5.1: The County shall provide public access to the waterfront to allow for recreational use for water- dependent activities, as well as for commercial, research, and governmental vessels.
Policy 5.2: The County shall seek funding for the creation of a implement and maintain the blueways master plan to encourage eco-tourism and enhance the recreational opportunities for residents and visitors in Wakulla County.
Policy 5.3: The County shall seek funding for the creation of a boat facilities siting plan that is consistent with the Fish and Wildlife Conservation Commission Boat Facilities Siting Guide and Manatee Protection Plan.
Objective 6: Development and redevelopment within the County shall proceed in a manner that reduces the risk to public and private investments and encourages the use of best practices to address the negative impacts of flooding.
Policy 6.1: The County encourages consideration of the impacts of sea-level rise on proposed development in the Special Flood Hazard Area.
Policy 6.2: The County will identify infrastructure and critical facilities at risk for high-tide events, storm surge, flooding, stormwater runoff and sea-level rise. Redevelopment plans for such improvements will take alternative locations outside of the special flood hazard area into consideration. Where relocation of infrastructure and critical facilities is deemed unfeasible, structurally defensive measures to mitigate the impacts of flooding and rising seas may be pursued. Structurally defensive measures could include shoreline armoring and beach renourishment.
Policy 6.3: Freeboard requirements for new development and substantial redevelopment in special flood hazard CME-7 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018 areas shall be evaluated by the County for incorporation into the code of ordinances to reduce vulnerability of structures.
Policy 6.4: Acquisition of severe repetitive loss properties, which have sustained repeated flood losses, for use as public open space shall be considered as procurement opportunities arise, such as through the use of grants or tax deed sales.
Policy 6.5: The County shall require any development or redevelopment located within the special flood hazard area to perform all applicable stormwater improvements or retrofits.
Policy 6.6: Stormwater retrofits which ensure stormwater treatment meets all current requirements shall be encouraged for all redevelopment located within the Special Flood Hazard Area.
Policy 6.7: Consistency with the flood-resistant construction requirements in the Florida Building Code and applicable floodplain management regulations set forth in 44 C.F.R. part 60 shall be required by the County.
Policy 6.8: Any construction activities seaward of the coastal construction control lines established pursuant to Section 161.053 Florida Statutes shall be consistent with Chapter 161 of the Florida Statutes.
Policy 6.9: The County shall seek to continue its participation in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to provide discounted flood insurance premiums for property owners.
Goal 2: To identify, improve and ensure the availability of public access from commercial corridors and points of interest to irreplaceable waterfront areas and valuable coastal and marine resources within the community of Panacea.
Objective 1: The County shall manage future growth and development in a manner which ensures that public access to the waterfront and community points of interest is identified, maintained and improved at appropriate locations for the full enjoyment of residents and visitors in the community of Panacea for recreational and commercial purposes.
Policy 1.1: The County shall adopt the Panacea Public Access Plan which identifies the location of public access corridors, commercial corridors, terminal vistas and community points of interest as illustrated in Exhibit A1 and A2, attached hereto and made a part hereof.
Policy 1.2: Where public access is currently lacking, obstructed, hindered or otherwise impaired, the County shall seek to acquire an interest in or a right of use in real property to improve public access as shown on Exhibit A1 and A2.
Policy 1.3: On or before January 1 2011 As funds are available and approved by the Board of County Commissioners, the County shall develop a plan for and install directional, way- finding and informational
CME-8 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018 signs along identified public access and commercial corridors to direct residents and visitors to the downtown district, the waterfront and community points of interest including but not limited to docks, marinas, and boat ramps.
Objective 2: To develop realistic and proactive strategies to ensure that the County remains a jurisdiction that protects, encourages and increases the extent of publicly-owned access to marine and coastal waters for recreational and commercial purposes of residents, businesses and visitors.
Policy 2.1: The County shall not vacate, diminish, or otherwise impair publicly-owned pathways, sidewalks, roads, rights-of-way, parking areas, docks, boat launching facilities and other access points that are currently used or susceptible to use by the public to access the waterfront.
Policy 2.1.1: Provided that specific findings are made that vacation, diminishment or impairment is necessary for an overriding public purpose and suitable mitigation measures are established, the County may vacate, diminish or impair publicly-owned access as described in Policy 2.1 above only after a public hearing and 1 decision by a super majority of the Board of County Commissioners.
Policy 2.2: On or before January 1, 2011, the County shall undertake a comprehensive inventory using the property records and other data available to verify ownership and reclaim any forgotten or overlooked public lands2 that could provide public access, including rights-of-way, easements and other property rights or interests.
Policy 2.2.1: Any potential public access discovered from the inventory in Policy 2.2 above should be considered for development or redevelopment to improve public access.
Policy 2.32.2: The County shall encourage development or redevelopment of water-dependent and water- related land uses that provide public access to the Gulf of Mexico and terminal vistas by providing incentives for such development or redevelopment that increases or improves public access.
Policy 2.42.3: The County shall encourage public/private partnerships as mechanisms to ensure development of gateways and terminal vistas that improve public access to and views of the waterfront.
Objective 3: The County shall support strategies to maintain the natural beauty of the waterfront, public access corridors and commercial corridors by implementing best management practices and appropriate design guidelines to maintain a sense of place and identity in the community.
Policy 3.1: The County shall support improvements to the waterfront, public access corridors, commercial corridors, and terminal vistas through acquisition, financial incentives, public/private partnerships, the voluntary use of private lands for public access and other non-regulatory means.
Policy 3.2: The County shall establish levels of service for public access and public access infrastructure based on impacts to the community character and the natural environment.
CME-9 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018 EXHIBIT A1
CME-10 ATTACHMENT A
Wakulla County Comprehensive Plan November 2009 2018
EXHIBIT A2
CME-11 ATTACHMENT B November 2009 2018 Wakulla County Comprehensive Plan
GOALS, OBJECTIVES AND POLICIES
RECREATION AND OPEN SPACE ELEMENT
Goal: To ensure the provision and maintenance of parks, recreational areas and open space to meet the needs of the existing and future residents of Wakulla County.
Objective 1: Implement and maintain a system of parks and recreation program that meets the needs of the County’s population by maintaining a level of service (LOS) standard of five (5) acres of developed recreation per thousand (1000) population (or fraction thereof).
Policy 1.1: The County shall establish and collect impact fees to raise revenues to purchase land and develop or improve parks.
Policy 1.2: The County shall preserve and maintain existing parks and recreation facilities through the use of adequate operating budgets and proper management techniques.
Policy 1.3: Developed recreation land, for purposes of meeting the LOS standard, shall include any land containing playgrounds, playfields, fields for organized sports, recreation halls, tennis courts, swimming pools, and similar facilities, boat ramps, multiuse bike trails and necessary parking and service uses and surrounding passive open space.
Policy 1.4: By 2015, tThe County shall complete implement a bicycle, pedestrian and recreation open space blueways master plan for the unincorporated areas of the County to adequately plan for future recreational needs and to facilitate the acquisition of funding from non-County sources.
Objective 2: Ensure that adequate open spaces are provided.
Policy 2.1: The County shall adopt maintain Land Development Codes which include recreation areas and specific open space definitions and standards.
Policy 2.2: The County shall, at least annually in connection with the preparation of the annual budget, review the availability of land which can be acquired to increase open space. The review of land development proposals shall include the evaluation of open space areas which exhibit unique natural character and which can be acquired through dedication.
Policy 2.3: The County shall revise its Land Development Codes to require that the land uses and activities involved in areas adjacent to beaches and water bodies shown on the Future Land Use Map be arranged so as to facilitate access by the public to such beaches and waterbodies. Where private development occurs, public access or preservation of access to such beaches or waterbodies shall be dedicated to a private organization established for the purpose of maintaining the access.
Objective 3: All public recreation facilities will have automobile, bicycle and pedestrian facilities access and will provide access for the elderly and for individuals with disabilities.
ROSE‐1 ATTACHMENT B November 2009 2018 Wakulla County Comprehensive Plan
Policy 3.1: The County shall revise its land development codes to require the addition of designated bicycle lanes or paved shoulders to new or newly-paved private roads in subdivisions where such roads provide access to parks and/or open space.
Policy 3.2: The County shall provide accessible parking spaces for individuals with disabilities and barrier-free access for all County operated recreation facilities.
Policy 3.3: Wheelchair accessible areas will be provided at all County spectator seating areas.
Objective 4: Adequately maintain public parks and recreation facilities in Wakulla County to prevent and/or reduce accidents or the need for repairs or replacements.
Policy 4.1: Parks and recreation facilities shall be designed so that children's play areas are at least one hundred (100) feet away from vehicular access points or are separated by a fence or appropriate barrier.
Policy 4.2: Funding to correct existing or potential safety hazards or to retrofit facilities to meet guidelines detailed in the ADA Standards for Accessible Design will have priority over all other recreation projects.
Policy 4.3: The County shall develop and implement maintain a system for recording the number and type of accidents and injuries that occur at County provided and maintained recreational areas or open spaces.
Objective 5: To improve and coordinate efforts with all levels of government and with the private sector to provide recreational opportunities by undertaking the following program of activities.
Policy 5.1: The County should maintain a joint agreement between the Wakulla County Recreation Department and the Wakulla County School Board concerning the joint use of parks and recreational Facilities.
Objective 6: Ensure that adequate recreational facilities are provided.
Policy 6.1: The County shall consider the following targets for user-oriented and resource-based facilities for planning purposes.
Recreation Standards for User-Oriented Facilities
Facility Unit of Measure
Basketball Courts 1 court per 6,000 persons
Tennis Courts 1 court per 6,000 persons
Ball Fields 1 field per 4,800 persons
Multipurpose Fields 1 field per 8,000 persons
ROSE‐2 ATTACHMENT B November 2009 2018 Wakulla County Comprehensive Plan
Track Fields 1 field per 30,000 persons
Swimming Pools 1 pool per 30,000 persons
Exercise Trail 1 mile trail per 20,000 persons
Golf Course (18 Hole) 1 course per 40,000 persons
Source: Wakulla County Planning Division Presumes coordinated use of school board facilities.
Recreation Standards for Resource-Based Facilities
Facility Unit of Measure
Swimming Beaches 1/2 mile per 40,000 persons
Hiking/Nature Trails 1 mile per 20,000 persons
Bicycle Trails 1 mile per 5,000 persons
Hunting Lands 8.6 sq. miles per 10,000 persons
Boat Ramps 1 ramp per 5,000 persons
Picnic Tables 1 table per 500 persons
Source: Wakulla County Planning Division
ROSE‐3 Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 14, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director Melissa Corbett, Senior Planner
Subject: Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-03 Pertaining to the Economic Development Element and Housing Element
Statement of Issue: This agenda item requests Board approval to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report based Comprehensive Plan Text Amendment CP18- 03 pertaining to the Economic Development Element and Housing Element.
Background: Pursuant to Section 163.3191, Florida Statutes, the County is required to evaluate its Comprehensive Plan once every seven years to determine if any changes are necessary to keep the plan in conformance with Florida Statutes since the last evaluation of the Comprehensive Plan. The Board adopted the last Evaluation and Appraisal Report (EAR) of the Comprehensive Plan on February 4, 2008 and implemented necessary alterations with EAR based Text Amendments that were adopted on May 17, 2010.
The evaluation and appraisal process has been simplified since the last time the County completed the EAR review. A detailed report on all of the changes that would need to be made to the Comprehensive Plan (the Plan) used to be required, however, effective June 2, 2011, local governments only have to submit a Letter of Determination (the Letter) saying whether their evaluation of the Plan has shown a need for amendments to the Plan or not. Staff reviewed the Plan and determined that modifications were needed to bring the Plan into consistency with current statutory requirements and to reflect current conditions. Therefore, a request to submit a Letter of Determination finding a need to amend the Plan was presented to the Board at their April 17, 2017 public hearing. This Letter was approved for submittal by the Board and subsequently submitted to the Florida Department of Economic Development (DEO) (Attachment 1). Text Amendments needed to bring the Plan into consistency are required to be transmitted to the State by May 1, 2018.
The Economic Development Element (EDE) and Housing Element (HE) of the Comprehensive Plan were reviewed as part of the EAR review and updates were determined to be necessary.
Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-03 Pertaining to the Economic Development Element and Housing Element February 20, 2018 Page 2
Analysis: Staff has prepared a draft Ordinance to amend the EDE and HE, which seeks to bring the language into conformance with State law, reflect current conditions of the County and to further implement associated planning documents (Attachment 2).
Proposed modifications to the EDE include the following:
• The Enterprise Zone was utilized by businesses in the County between the years of 1996 to 2015 as a tax refund program. This program was created to aid businesses in distressed communities. However, the Florida legislature sunset the program on December 31, 2015. Multiple references to the Enterprise Zone, its business incentives and the areas it served have all been proposed for removal from the language in this Element.
• Population statistics from the University of Florida’s Bureau of Economic and Business Research have historically been utilized in the County’s Comprehensive Plan and in growth and development analyses. This was permissible per Florida Administrative Code Rule 9J- 5.005. However, the aforementioned Rule was repealed in 2011. Current Florida Statutory language contained in Section 163.3177(1)(f)3 now requires the use of the medium population projection from the State of Florida Office of Economic and Demographic Research or population estimates generated by the local government based upon a professionally acceptable methodology. The use of population estimates from the Office of Economic and Demographic Research is being proposed in the draft amendment.
• One additional item was addressed in the update of the EDE. Policy 3.1 called for the development of a bicycle, pedestrian and recreation facilities plan. As this plan was created and approved by the Board on July 16, 2012, the language has been revised to reflect this change.
Proposed modifications to the HE include the following:
• Several minor updates are proposed to this portion of the Comprehensive Plan. It was noted that a housing inventory study is referenced and described in multiple locations throughout the document. These references have been clarified and goals for the study have been revised to reflect current conditions. Additionally, changes were incorporated into the Element’s language to show that the Florida Model Energy Code that used to be encouraged through the Comprehensive Plan is now part of the requirements of the Florida Building Code. Reference to Census data was also amended to reflect the most recent data available.
• Text revisions resulting from administrative changes were also incorporated into the Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-03 Pertaining to the Economic Development Element and Housing Element February 20, 2018 Page 3
proposal. One objective in the Element deals with the housing inspections conducted through the Section 8 rental assistance program. Said program was originally administered by the Housing Department when that language was instituted. Several administrative changes occurred to the program throughout the years and then the County transitioned the program to the State’s authority. Section 8 is still available to Wakulla County residents but the County is no longer involved in the inspection process. Therefore, reference to the County handling these inspections was stricken. Another change is related to regular inspections made through code enforcement activities. Alterations in code enforcement procedures coupled with budget restraints have resulted in limited resources being afforded to this activity. As such, stipulations have been added to the language affecting code enforcement duties to reflect this.
• Incentives for green building guidelines were noted as a goal to be incorporated into the Land Development Code. This was achieved in 2012 with the adoption of the Crawfordville Town Plan Overlay strategies and incentives. As a result, the affected Policy was updated.
Should the Board vote to schedule this Application for public hearings, then staff shall advertise it to be considered for transmittal to DEO at the Planning Commission meeting on March 12, 2018 and before the Board at their March 19, 2018 meeting.
If the Board votes to transmit the Application to the State, then staff will send the Text Amendment to DEO and other State agencies for review. DEO will have sixty days from the receipt of a complete application to review the proposal and provide an Objections, Recommendations and Comment (ORC) Report to the County. Once staff receives the ORC Report, any issues raised will be addressed and the Text Amendment can be considered by the Board again for adoption.
Budgetary Impact: If the Board directs staff to advertise the Application for public hearings, then approximately $210 will be spent on advertising the transmittal hearings in The Wakulla News. It is important to note that an additional advertisement to adopt the Text Amendment would also be required later in 2018.
Options: 1. Approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-03 pertaining to the Economic Development Element and Housing Element. 2. Do not approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-03 pertaining to the Economic Development Element and Housing Element. 3. Board Direction. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-03 Pertaining to the Economic Development Element and Housing Element February 20, 2018 Page 4
Recommendation: Option #1.
Attachment(s): 1. Letter of Determination 2. Draft Ordinance
ORDINANCE NO. 2018-__
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, RELATING TO THE REVISION OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; AMENDING, REVISING, AND READOPTING IN ITS ENTIRETY THE ECONOMIC DEVELOPMENT ELEMENT AND THE HOUSING ELEMENT OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR APPLICABLITY AND EFFECT AND THE PRODUCTION OF AN OFFICIAL EDITION OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; REPEALING THE EXISTING ECONOMIC DEVELOPMENT ELEMENT AND THE HOUSING ELEMENT OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR SEVERABILITY AND FOR FILING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Wakulla County Board of County Commissioners is empowered to adopt Ordinances pursuant to Chapter 125.66, Florida Statutes; and
WHEREAS, Chapter 163, Part II, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Wakulla County Board of County Commissioners to: (a) plan for the County’s future development and growth; (b) adopt and amend comprehensive growth management plans or elements or portions thereof, to guide the future growth and development of the County; (c) implement adopted or amended comprehensive growth management plans by the adoption of appropriate land development regulations; and (d) establish, support, and maintain administrative instruments and procedures to carry out the provisions and purposes of the Act; and
WHREAS, on or about April 17, 2017, Wakulla County submitted a Comprehensive Plan Evaluation and Appraisal (EAR) Letter of Determination to the Florida Department of Economic Opportunity stating a finding of need to amend the Comprehensive Growth Management Plan; and
WHEREAS, the Wakulla County Planning Commission has been established and designated as the Local Planning Agency (LPA) for unincorporated Wakulla County, Florida, pursuant to Subsection 163.3174, Florida Statutes; and
WHEREAS, the LPA and the Board have in the preparation of the Text Amendments to the Comprehensive Growth Management Plan performed or caused to be performed the necessary studies and surveys, the collection of appropriate data, the holding of such public hearings, workshops and meetings as necessary, and have effectively provided for public participation, notice, broad dissemination of proposals and alternatives, opportunity for written comments, open discussion, communication programs, information services, considerations of, and response to, public and official comments; and
1 WHEREAS, the Wakulla County Board of County Commissioners (Board) held its transmittal hearing to consider the recommendation of the Local Planning Agency on ______, and transmitted the proposed EAR based Text Amendments to the Department of Economic Opportunity (“DEO”), in its role as the State land planning agency, and to other State review agencies; and requested review and that State’s objections, recommendations, and comment (ORC) report; and
WHEREAS, the DEO, by letter dated ______, transmitted its ORC on the amended version of the Comprehensive Growth Management Plan to the County; and
WHEREAS, an amended version of the Text Amendments to the Comprehensive Growth Management Plan was prepared in view of the ORC report by the Department of Economic Opportunity; and
WHEREAS, on or about ______, the County scheduled and advertised the adoption hearing for the Text Amendments to the Comprehensive Growth Management Plan in The Wakulla News, a local newspaper of general circulation, for ______; and
WHEREAS, on or about ______the Board held a duly advertised public hearing in accordance with Section 163.3184, Florida Statutes, to consider and receive all oral and written comments relating to the proposed Text Amendments, including the data collection and analysis package, the Wakulla County Planning Commission recommendations; and
WHEREAS, in exercise of its statutory authority, the Wakulla County Board of County Commissioners has determined it necessary and desirable to adopt the amended version of the Comprehensive Growth Management Plan’s Economic Development Element and Housing Element to further preserve and enhance present advantages; encourage the most appropriate use of land, water, and natural resources consistent with public interest; overcome present handicaps; and deal effectively and efficiently with future growth and problems that may result from the use and development of land within Wakulla County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY FLORIDA, AS FOLLOWS:
Section 1. Purpose and Intent.
This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, Chapter 125, Florida Statutes, and the Wakulla County Home Rule Charter.
Section 2. Amendments to the Comprehensive Growth Management Plan.
(A) The Board of County Commissioners of Wakulla County, Florida, hereby adopts as the Economic Development Element and Housing Element of the Comprehensive Growth Management Plan for Wakulla County, Florida, the attached goals, objectives, policies, and referenced maps, for the Economic Development Element and Housing Element, attached hereto as Attachments A and B and incorporated herein by reference.
(B) The revised version of the comprehensive plan for Wakulla County, Florida shall be entitled “The Wakulla County Comprehensive Growth Management Plan (Plan)” and shall include the following elements:
2
(1) Future Land Use Element: No Change
(2) Future Land Use Map: No Change
(3) Concurrency Management System: No Change
(4) Housing Element: See Attachment B
(5) Infrastructure Element: No Change
(6) Transportation Element: No Change
(7) Coastal Management Element: No Change
(8) Conservation Element: No Change
(9) Recreation and Open Space Element: No Change
(10) Intergovernmental Coordination Element: No Change
(11) Capital Improvements Element: No Change
(12) Economic Development Element: See Attachment A
(13) Public School Facilities Element: No Change.
(C) The amendment was fully considered after a public hearing pursuant to legal notice duly published as required by law.
Section 3. Official Edition
(A) Following the adoption of this Ordinance, a final edition of the Comprehensive Growth Management Plan shall be produced containing the text as adopted in its final form and related maps and that this edition shall be made available to the public.
(B) To make the Wakulla County Comprehensive Growth Management Plan available to the general public, a certified copy of this Ordinance, the Comprehensive Growth Management Plan, and any Amendments thereto, shall be located in the Wakulla County Planning and Community Development Department, located at 11 Bream Fountain Road, mailing address 3093 Crawfordville Highway, Crawfordville, Florida, 32327. The Planning and Community Development Department, through its Director, shall make copies available for public inspection, and provide duplication for a reasonable publication and copy charge.
Section 4. Applicability and Effect.
The applicability and effect of the Wakulla County Comprehensive Growth Management Plan shall be as provided by the Community Planning Act, Chapter 163, Part II, Florida Statutes, and this Ordinance. Except to the extent amended herein, the Comprehensive Growth Management Plan is hereby ratified, confirmed, and remains in full force and effect.
3 Section 5. Severability.
If any provision or portion of this Ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all the remaining provisions and portions of this Ordinance shall remain in full force and effect.
Section 6. Filing.
A Certified Copy of this Ordinance, as well as Certified Copies of the Wakulla County Comprehensive Growth Management Plan, and subsequent Amendments thereto, shall be filed with the Wakulla County Clerk of the Circuit Court.
Section 7. Repeal.
(A) The Economic Development Element and Housing Element of the Comprehensive Growth Management Plan, adopted by Ordinance No. 10-10 and subsequently amended, is hereby repealed.
(B) The remaining portions of the Comprehensive Growth Management Plan shall remain in full force and effect.
Section 8. Effective Date.
(A) The effective date of this plan amendment shall be pursuant to the State Land Planning Agency's Notice of Intent if DEO finds the plan amendment in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency.
(B) A certified copy of this Ordinance shall be filed in the Department of State within ten (10) days after enactment by the Board and the Ordinance shall take effect as provided by law.
PASSED AND DULY ADOPTED this ____ day of ______, 2018.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
By: ______Chairman
4 ATTEST: APPROVED AS TO CONTENT AND FORM:
______BRENT X. THURMOND, Ex Officio Heather Encinosa, Esq. Clerk to the Board County Attorney
5 Wakulla County Comprehensive Plan ATTACHMENT A November 2009 2018
GOALS, OBJECTIVES AND POLICIES ECONOMIC DEVELOPMENT ELEMENT
Goal 1: To recognize Recognize the viability of existing businesses and seek to retain their presence in the County and include them in expansion efforts by providing assistance to the State-designated Enterprise Zones and pursuing pursue a planned economic growth program that broadens and increases job and income opportunities and expands the tax base. To implement this intent and pursuant to the Florida administrative code, the cCounty will adopt as the basis for its growth and economic decisions the most recently published medium range population statistics from the University of Florida Florida Office of Economic and Demographic Research.
Objective 1: Promote the cooperation and coordination among private and public sector organizations to expand existing industries and business, especially within the designated Enterprise Zones.
Policy 1.1: Wakulla The County shall establish business assistance programs with an emphasis on providing incentives for job creation and training. Such incentives shall include, but are not limited to, technical assistance relative to land development and permitting, assistance with infrastructure needs assessment, and coordination with other public agencies providing technical and business assistance.
Policy 1.2: The cCounty shall seek to mitigate the harmful effects of Article X, Section 16 of the Florida Constitution (the Net Ban) on Wakulla's commercial vitality by assisting the State-designated Enterprise Zones areas in Medart, Panacea, and the Opportunity Park vicinity in their efforts to replace Wakulla County's lost economic opportunities and further economic expansion.
Policy 1.3: The county shall encourage private investment and participation in the Rural Enterprise Zones by making known the State sponsored revitalization incentives available to investors within these zones and by providing technical assistance relative to utilizing those incentive programs, including the following: the Enterprise Zone property tax credit provided in section 220.182, F.S.; the Enterprise Zone jobs credit provided in section 220.181, F.S.; the Enterprise Zone jobs credit against the sales tax provided in section 212. 096, F.S.; the community contribution tax credits provided in sections 220.183 and 624.5105, F.S.; the sales tax exemption for building materials used to rehabilitate real property in Enterprise Zones provided in section 212.08(5)(g), F.S.; the sales tax exemption for electrical energy used in an Enterprise Zone provided in section 212.08(15), F.S.; the sales tax exemption for business equipment used in an Enterprise Zone provided in section 212.08(5)(h), F.S.; and discounts up to 50 percent on tariffed rates for services from public utilities and telecommunications companies as allowed by the Public Service Commission to small businesses located in an Enterprise Zone for a period not to exceed 5 years.
Policy 1.4: The County shall assist local businesses registered within the County in promoting growth in higher paying jobs, using resources available from Enterprise Florida.
Objective 2: Expand the employment base by identifying which businesses and industry jobs can be increased.
Policy 2.1: The County recognizes the importance of tourism as an economic growth industry and shall include as a goal the pursuit of growth within the tourism industry, especially tourism that encourages overnight visits, and shall investigate tourism development activities of other counties and recommend specific actions to the
EDE-1 Wakulla County Comprehensive Plan ATTACHMENT A November 2009 2018
Board of County Commissioners.
Policy 2.2: The County shall use the resource-based economic opportunities that exist in Wakulla County as a basis for major economic growth and shall evaluate techniques used by other jurisdictions for encouraging new businesses and expansion of existing businesses related to seafood, timber, agriculture, aquaculture, water resources, and other resources that are dominant in the County.
Policy 2.3: The County shall promote the economic importance of clean air and water, historic and prehistoric landmarks, and copious natural resources, while encouraging expansion of the business community. This shall be accomplished by evaluating each new regulation in light of its impacts on environmental protection required in this plan, as well as its impacts on opportunities for development of employment opportunities.
Objective 3: Promote the cooperation and coordination among private and public sector organizations to expand the eco-tourism and heritage-based tourism opportunities within the County.
Policy 3.1: The County shall pursue funding opportunities for the development of a projects identified in the bicycle, pedestrian and recreation facilities blueways master plan.
Policy 3.2: When deemed appropriate by the Wakulla County Board of County Commissioners, the County shall provide resolutions and letters of support for grants written by the Big Bend Scenic Byway Corridor Management Entity and other private or not-for-profit organizations to further expand the eco-tourism and heritage-based tourism opportunities within the County.
EDE-2 Wakulla County Comprehensive Plan ATTACHMENT B November 2009 2018
GOALS, OBJECTIVES AND POLICIES
HOUSING ELEMENT
Goal: To promote Promote adequate, safe and sanitary housing at affordable costs to meet the needs of the present and future residents of the County recognizing the private sector as the primary provider for housing.
Objective 1: To assist Assist the private sector in providing an appropriate mix of housing types, as defined in the County’s housing inventory study as described in Policy 3.4 of this Element, and to apply innovative planning and design techniques, in both housing structures and land development, and to conserve and preserve natural systems and resources. The County will require, through development review and approval, an appropriate mix of very low, low and moderate income level housing.
Policy 1.1: The County shall coordinate the development of future housing with supporting infrastructure such as schools, parks, emergency service, water and sewer services through private sector funding concurrent with development. Such private sector funding shall be accomplished through provisions such as, but not limited to, impact fees and provision of off-site improvements.
Policy 1.2: All proposed nonresidential developments which will employ twenty-five (25) or more full-time employees shall be required to provide an affordable housing study to determine whether an adequate supply of affordable housing to support the income levels of the development's employees exists concurrently with the proposed project phasing schedule. The Land Development Codes shall be revised to provide the form and content of information needed for said study. The County shall develop a program to ensure the timely dissemination and explanation of land development regulations, particularly when such regulations are amended.
Policy 1.3: The County shall encourage the construction of an adequate supply of rental housing, including an adequate number of rental units where very low-income households can utilize Section 8 Rental Vouchers, to meet existing and future demands. Where it is determined that the supply of rental housing will be insufficient to meet the demand, the County will undertake actions to increase the supply, including, but not limited to, evaluation of infrastructure needed to support additional rental housing, review of capital improvement plans to find opportunities for improving infrastructure, and evaluation of the availability of land zoned for rental housing.
Policy 1.4: The County shall encourage the development of multi-family housing as a primary land use in areas where employment opportunities and infrastructure are available and where higher intensity development exists or is planned on nearby property and shall allow the intensification of developed areas to include multi-family housing where infrastructure and land compatibility permit, consistent with the Future Land Use Map Series.
Policy 1.5: The County shall encourage require the construction of energy efficient housing by implementing the Florida Model Energy Code contained in the Florida Building Code.
Policy 1.6: The County shall promote the use of cluster housing and planned unit developments, within service areas, to conserve open space and environmentally sensitive lands according to the policies within the Conservation and Recreation Elements. The County shall accomplish this through activities such as, but not limited to, increases in density and/or other bonuses for use of these development techniques.
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Wakulla County Comprehensive Plan ATTACHMENT B November 2009 2018
Policy 1.7: The County shall encourage commercial and industrial developments to mitigate impacts on the housing market through incentives to developments which that provide affordable housing for their employees.
Policy 1.8: The County shall review its land development regulations and determine if reductions can be made in regulatory and permitting requirements affecting housing.
Objective 2: Utilize and enhance the existing housing stock, including identification and preservation of historically significant housing included on the Florida Master Site File.
Policy 2.1: After receipt of housing data from the 2000 2010 or most recent U.S. Census, the County will use census data to identify geographic areas of special concern which that could be considered for grants such as CDBG's as well as other Federal and State funding sources. Areas of special concern will include those exhibiting factors such as, but not limited to, high housing occupancy, high percentage of substandard housing and very low and low income residents.
Policy 2.2: The County shall use the annual budget and capital improvement programming process to identify programs and activities which can be directed to support existing housing areas and neighborhoods, and shall cooperate with the private sector, provide services to upgrade existing neighborhoods and to increase their development and redevelopment potential. Such efforts shall include but are not limited to extensions of utilities and improvement of unpaved roadways and provisions of drainage facilities.
Policy 2.3: The County shall preserve and conserve historically significant structures and grounds through land development regulations.
Objective 3: Develop and implement programs and activities to increase the supply of housing based on provision of incentives to private sector developers and pursuit of state and federal housing assistance, to provide adequate housing opportunities for its very low and low income households and other households of special needs, including provision of sites for very low, low and moderate income housing, mobile homes, and group homes and foster care facilities.
Policy 3.1: The County shall seek to expand its participation in federal and state housing assistance programs for home ownership, rental housing, and for rehabilitation efforts by identifying all such funding sources for which the County is eligible and by making application for each such funding source. Funding priority, including funding for acquisition of sites for very low, low and moderate income housing, will be given to areas as designated through the implementation of Policy 2.1.
Policy 3.2: The County will ensure that land development regulations include locational criteria for the establishment of housing for the elderly, for foster care facilities and group homes, and for households with special housing needs, including rural and farmworker households. Such criteria shall consider accessibility of housing to special services and/or facilities required by occupants of such housing, convenience of such housing to employment opportunities, and adequacy of infrastructure, as well as factors set out in state law. Group and foster homes may be located within any land use designation except conservation. Group homes which are otherwise defined as "community residential homes" but which have six (6) or fewer residents shall be deemed a single-
HE-2
Wakulla County Comprehensive Plan ATTACHMENT B November 2009 2018
family unit and a non-commercial residential use, in accordance with Section 419.001(2), Florida Statutes.
Policy 3.3: The County will ensure adequate zoning for affordable workforce housing with supporting infrastructure for the placement of code approved mobile homes, manufactured buildings, or affordable housing units.
Policy 3.4: The County shall initiate a housing inventory to supplement the state land planning agency’s affordable housing needs assessment with locally generated data by conducting a housing survey in the year 2015and every 5 years thereafter, to determine areas with substandard or substantially inadequate housing stock, and will concentrate efforts in the marginal areas of inadequate housing during the interim between surveys.
Policy 3.5: The County shall actively recruit banks and lending institutions to participate in very low and low income housing programs to provide below market rate loans as a community service.
Policy 3.6: The County shall explore the possibility of utilizing affordable housing land donation density bonus incentives to allow for a density bonus for land donated to the County for the provision of affordable housing in accordance with Section 420.615, Florida Statutes. F.S.
Objective 4: Increase or improve the existing supply of very low and low-income housing through neighborhood revitalization.
Policy 4.1: The County shall include provisions in its land development regulations to permit consideration of development fee exemptions for very low and low income families that locate in designated redevelopment or revitalization areas when that housing is retained for very low or low income use.
Policy 4.2: The County shall review and propose to the School Board and/or the Community College the establishment of neighborhood based, results oriented programs for rehabilitation which combine skills training (i.e. electrical, plumbing, landscaping, carpentry) for local youth and application of those skills within the targeted neighborhoods.
Objective 5: Monitor and rehabilitate or eliminate vacant substandard housing through code enforcement and Section 8 inspections. Use use housing analyses to measure the effectiveness of this objective.
Policy 5.1: When budget and staffing allows, Tthe County shall increase code enforcement activities through regular inspections of the vacant housing stock in neighborhoods or communities where the violations are more prevalent, and institute concentrated code enforcement activities where warranted.
Policy 5.2: The County shall maintain a minimum housing code in the County’s Land Development Code.
Policy 5.3: The County shall seek federal and state funding for the demolition or rehabilitation of substandard housing.
Policy 5.4: The County shall assist in neighborhood/community upgrading projects by providing code enforcement assistance and removing blighting influences in such neighborhoods and communities.
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Wakulla County Comprehensive Plan ATTACHMENT B November 2009 2018
Policy 5.5: The County shall revise its land development regulations to permit mixed use and innovative reuses of the existing housing stock which will result in the removal of substandard' housing. Identified substandard housing areas shall be targeted for upgrading or redevelopment through the pursuit of state or federal housing assistance and redevelopment grants.
Objective 6: Promote energy efficiency in the design and construction of new housing
Policy 6.1: The County shall incorporate maintain incentives into the Land Development Code for residential developments that incorporate LEED, Florida Green Building Coalition, or similar professionally accepted green building guidelines.
Objective 7: Promote the use of renewable energy resources in the housing sector.
Policy 7.1: The County shall incorporate requirements and incentives into the Land Development Code for the use of recycled or renewable materials and renewable energy sources used in residential units and developments.
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Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 14, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director Melissa Corbett, Senior Planner
Subject: Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-04 Pertaining to the Capital Improvements Element and Infrastructure Element
Statement of Issue: This agenda item requests Board approval to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report based Comprehensive Plan Text Amendment CP18- 04 pertaining to the Capital Improvements Element and Infrastructure Element.
Background: Pursuant to Section 163.3191, Florida Statutes, the County is required to evaluate its Comprehensive Plan once every seven years to determine if any changes are necessary to keep the plan in conformance with Florida Statutes since the last evaluation of the Comprehensive Plan. The Board adopted the last Evaluation and Appraisal Report (EAR) of the Comprehensive Plan on February 4, 2008 and implemented necessary alterations with EAR based Text Amendments that were adopted on May 17, 2010.
The evaluation and appraisal process has been simplified since the last time the County completed the EAR review. A detailed report on all of the changes that would need to be made to the Comprehensive Plan (the Plan) used to be required, however, effective June 2, 2011, local governments only have to submit a Letter of Determination (the Letter) saying whether their evaluation of the Plan has shown a need for amendments to the Plan or not. Staff reviewed the Plan and determined that modifications were needed to bring the Plan into consistency with current statutory requirements and to reflect current conditions. Therefore, a request to submit a Letter of Determination finding a need to amend the Plan was presented to the Board at their April 17, 2017 public hearing. This Letter was approved for submittal by the Board and subsequently submitted to the Florida Department of Economic Development (DEO) (Attachment 1). Text Amendments needed to bring the Plan into consistency are required to be transmitted to the State by May 1, 2018.
The Capital Improvements Element (CIE) and Infrastructure Element (IE) of the Comprehensive Plan were reviewed as part of the EAR review and updates were determined to be necessary.
Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-04 Pertaining to the Capital Improvements Element and Infrastructure Element February 20, 2018 Page 2
Analysis: Staff has prepared a draft Ordinance to amend the CIE and IE, which seeks to bring the language into conformance with State law, reflect current conditions of the County and to further implement associated planning documents (Attachment 2).
Proposed modifications to the CIE include the following:
• Minor revisions were needed to bring this Element into conformance with current regulations. Table 1 in Policy 1.8, pertaining to the Five-Year Schedule of capital improvements needed to maintain the County’s adopted Level of Service standards, was updated. Amendments were incorporated into this table to reflect revised financial figures for projects. Additionally, several new projects were inserted into the table while one project was eliminated and replaced with an updated task. These updates were based on the projects contained within the Capital Region Transportation Planning Agency’s Transportation Improvement Program for Fiscal Year 2017/18 through 2021/22, Wakulla County’s Adopted Infrastructure Plan, which was revised in 2017, and recent funding from the Legislature. Furthermore, the date was revised on the subsequent table in the aforementioned policy.
• Adoption dates of the planning documents that have been incorporated by reference into this Element have also been updated. The newest modification to the Wakulla County Adopted Infrastructure Plan occurred on July 17, 2017 and this has been reflected in the proposed amendment. Moreover, the Wakulla County School Board’s Educational Facilities Work Program is also updated on an annual basis and the latest adoption date of this document is reflected in the proposal.
• Correcting language in this Element to obtain conformity between the CIE and other Comprehensive Plan Elements is another issue addressed by the proposed text changes. Descriptions on allowable residential density with what types of infrastructure are required to support it were corrected to ensure conformance with the Future Land Use Element. Creating consistency within the CIE itself was also a goal in this update. Corrections to the descriptions for Level of Service standards for roadways were made to match those approved in the main Level of Service Standards table.
Proposed modifications to the IE include the following:
• Outdated language was one of the issues addressed by the proposed updates. For instance, the use of centralized sewer and water facilities is prescribed to be utilized only in the Future Land Use Element urban areas per the current requirements of this Element. While that treatment of development was the standard many years ago, current thinking is more open to Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-04 Pertaining to the Capital Improvements Element and Infrastructure Element February 20, 2018 Page 3
the idea of centralized utilities in areas that may not be designated urban on the Future Land Use Map. This expansion of services can provide better protection to environmentally sensitive areas. Wakulla County is currently working to expand central utilities in historic subdivisions so that the multitude of on-site septic tanks in these neighborhoods can be removed and reduce pollutants entering the ecosystem. Therefore, the language is being proposed for a revision that will not limit the expansions to urban areas only. Another area where outdated policies were encountered pertains to scheduling requirements for the annual review of the capital improvements schedule. The prescribed schedule and associated deadlines in the IE do not correspond with the timing of the associated annual budget process, which is not complete until several months after the deadlines set forth in the schedule. In order to leave the scheduling flexible and complement the current budget process, these deadlines have been proposed for removal.
• Several deadlines for projects were noted as being passed during the IE review. Deadlines to create a comprehensive infrastructure management system in GIS and to create wastewater and potable water master plans were removed from the language and noted to take place as funding becomes available for these projects. A third deadline, to prepare a drainage study for urban service areas, is unnecessary and proposed for removal because subsequent sections within said policy set out a general timeframe for this study to be accomplished after an urban service area is established.
• Changes to bring the IE into conformance with current Florida Statutes was also an important measure taken during this review. An example of this language requires the County to prohibit permit issuance for any new development that would impact a deficient facility. However, recent revisions to transportation concurrency requirements, specifically Section 163.3180(5)(h)1.c., Florida Statutes, necessitate this language to be softened and allow for the applicant to offer to enter into an agreement to mitigate their impact on the facility. Conditions were also included in the proposed language as this allowance will not apply in every case of a deficient roadway per State law.
• General updates are also incorporated into the proposed amendment. Names of departments have been revised to reflect current conditions and editions of documents have been updated. Changes to bring consistency between this Element and the Land Development Code have also been incorporated.
Should the Board vote to schedule this Application for public hearings, then staff shall advertise it to be considered for transmittal to DEO at the Planning Commission meeting on March 12, 2018 and before the Board at their March 19, 2018 meeting.
Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-04 Pertaining to the Capital Improvements Element and Infrastructure Element February 20, 2018 Page 4
If the Board votes to transmit the Application to the State, then staff will send the Text Amendment to DEO and other State agencies for review. DEO will have sixty days from the receipt of a complete application to review the proposal and provide an Objections, Recommendations and Comment (ORC) Report to the County. Once staff receives the ORC Report, any issues raised will be addressed and the Text Amendment can be considered by the Board again for adoption.
Budgetary Impact: If the Board directs staff to advertise the Application for public hearings, then approximately $210 will be spent on advertising the transmittal hearings in The Wakulla News. It is important to note that an additional advertisement to adopt the Text Amendment would also be required later in 2018.
Options: 1. Approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-04 pertaining to the Capital Improvements Element and Infrastructure Element. 2. Do not approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-04 pertaining to the Capital Improvements Element and Infrastructure Element. 3. Board Direction.
Recommendation: Option #1.
Attachment(s): 1. Letter of Determination 2. Draft Ordinance
ORDINANCE NO. 2018-__
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, RELATING TO THE REVISION OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; AMENDING, REVISING, AND READOPTING IN ITS ENTIRETY THE CAPITAL IMPROVEMENTS ELEMENT AND THE INFRASTRUCTURE ELEMENT OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR APPLICABLITY AND EFFECT AND THE PRODUCTION OF AN OFFICIAL EDITION OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; REPEALING THE EXISTING CAPITAL IMPROVEMENTS ELEMENT AND THE INFRASTRUCTURE ELEMENT OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR SEVERABILITY AND FOR FILING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Wakulla County Board of County Commissioners is empowered to adopt Ordinances pursuant to Chapter 125.66, Florida Statutes; and
WHEREAS, Chapter 163, Part II, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Wakulla County Board of County Commissioners to: (a) plan for the County’s future development and growth; (b) adopt and amend comprehensive growth management plans or elements or portions thereof, to guide the future growth and development of the County; (c) implement adopted or amended comprehensive growth management plans by the adoption of appropriate land development regulations; and (d) establish, support, and maintain administrative instruments and procedures to carry out the provisions and purposes of the Act; and
WHREAS, on or about April 17, 2017, Wakulla County submitted a Comprehensive Plan Evaluation and Appraisal (EAR) Letter of Determination to the Florida Department of Economic Opportunity stating a finding of need to amend the Comprehensive Growth Management Plan; and
WHEREAS, the Wakulla County Planning Commission has been established and designated as the Local Planning Agency (LPA) for unincorporated Wakulla County, Florida, pursuant to Subsection 163.3174, Florida Statutes; and
WHEREAS, the LPA and the Board have in the preparation of the Text Amendments to the Comprehensive Growth Management Plan performed or caused to be performed the necessary studies and surveys, the collection of appropriate data, the holding of such public hearings, workshops and meetings as necessary, and have effectively provided for public participation, notice, broad dissemination of proposals and alternatives, opportunity for written comments, open discussion, communication programs, information services, considerations of, and response to, public and official comments; and
1 WHEREAS, the Wakulla County Board of County Commissioners (Board) held its transmittal hearing to consider the recommendation of the Local Planning Agency on ______, and transmitted the proposed EAR based Text Amendments to the Department of Economic Opportunity (“DEO”), in its role as the State land planning agency, and to other State review agencies; and requested review and that State’s objections, recommendations, and comment (ORC) report; and
WHEREAS, the DEO, by letter dated ______, transmitted its ORC on the amended version of the Comprehensive Growth Management Plan to the County; and
WHEREAS, an amended version of the Text Amendments to the Comprehensive Growth Management Plan was prepared in view of the ORC report by the Department of Economic Opportunity; and
WHEREAS, on or about ______, the County scheduled and advertised the adoption hearing for the Text Amendments to the Comprehensive Growth Management Plan in The Wakulla News, a local newspaper of general circulation, for ______; and
WHEREAS, on or about ______the Board held a duly advertised public hearing in accordance with Section 163.3184, Florida Statutes, to consider and receive all oral and written comments relating to the proposed Text Amendments, including the data collection and analysis package, the Wakulla County Planning Commission recommendations; and
WHEREAS, in exercise of its statutory authority, the Wakulla County Board of County Commissioners has determined it necessary and desirable to adopt the amended version of the Comprehensive Growth Management Plan’s Capital Improvements Element and Infrastructure Element to further preserve and enhance present advantages; encourage the most appropriate use of land, water, and natural resources consistent with public interest; overcome present handicaps; and deal effectively and efficiently with future growth and problems that may result from the use and development of land within Wakulla County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY FLORIDA, AS FOLLOWS:
Section 1. Purpose and Intent.
This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, Chapter 125, Florida Statutes, and the Wakulla County Home Rule Charter.
Section 2. Amendments to the Comprehensive Growth Management Plan.
(A) The Board of County Commissioners of Wakulla County, Florida, hereby adopts as the Capital Improvements Element and Infrastructure Element of the Comprehensive Growth Management Plan for Wakulla County, Florida, the attached goals, objectives, policies, and referenced maps, for the Capital Improvements Element and Infrastructure Element, attached hereto as Attachments A and B and incorporated herein by reference.
(B) The revised version of the comprehensive plan for Wakulla County, Florida shall be entitled “The Wakulla County Comprehensive Growth Management Plan (Plan)” and shall include the following elements:
2
(1) Future Land Use Element: No Change
(2) Future Land Use Map: No Change
(3) Concurrency Management System: No Change
(4) Housing Element: No Change
(5) Infrastructure Element: See Attachment B
(6) Transportation Element: No Change
(7) Coastal Management Element: No Change
(8) Conservation Element: No Change
(9) Recreation and Open Space Element: No Change
(10) Intergovernmental Coordination Element: No Change
(11) Capital Improvements Element: See Attachment A
(12) Economic Development Element: No Change
(13) Public School Facilities Element: No Change.
(C) The amendment was fully considered after a public hearing pursuant to legal notice duly published as required by law.
Section 3. Official Edition
(A) Following the adoption of this Ordinance, a final edition of the Comprehensive Growth Management Plan shall be produced containing the text as adopted in its final form and related maps and that this edition shall be made available to the public.
(B) To make the Wakulla County Comprehensive Growth Management Plan available to the general public, a certified copy of this Ordinance, the Comprehensive Growth Management Plan, and any Amendments thereto, shall be located in the Wakulla County Planning and Community Development Department, located at 11 Bream Fountain Road, mailing address 3093 Crawfordville Highway, Crawfordville, Florida, 32327. The Planning and Community Development Department, through its Director, shall make copies available for public inspection, and provide duplication for a reasonable publication and copy charge.
Section 4. Applicability and Effect.
The applicability and effect of the Wakulla County Comprehensive Growth Management Plan shall be as provided by the Community Planning Act, Chapter 163, Part II, Florida Statutes, and this Ordinance. Except to the extent amended herein, the Comprehensive Growth Management Plan is hereby ratified, confirmed, and remains in full force and effect.
3 Section 5. Severability.
If any provision or portion of this Ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all the remaining provisions and portions of this Ordinance shall remain in full force and effect.
Section 6. Filing.
A Certified Copy of this Ordinance, as well as Certified Copies of the Wakulla County Comprehensive Growth Management Plan, and subsequent Amendments thereto, shall be filed with the Wakulla County Clerk of the Circuit Court.
Section 7. Repeal.
(A) The Capital Improvements Element and Infrastructure Element of the Comprehensive Growth Management Plan, adopted by Ordinance No. 10-06 and subsequently amended, is hereby repealed.
(B) The remaining portions of the Comprehensive Growth Management Plan shall remain in full force and effect.
Section 8. Effective Date.
(A) The effective date of this plan amendment shall be pursuant to the State Land Planning Agency's Notice of Intent if DEO finds the plan amendment in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency.
(B) A certified copy of this Ordinance shall be filed in the Department of State within ten (10) days after enactment by the Board and the Ordinance shall take effect as provided by law.
PASSED AND DULY ADOPTED this ____ day of ______, 2018.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
By: ______Chairman
4 ATTEST: APPROVED AS TO CONTENT AND FORM:
______BRENT X. THURMOND, Ex Officio Heather Encinosa, Esq. Clerk to the Board County Attorney
5 ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
GOALS, OBJECTIVES AND POLICIES
CAPITAL IMPROVEMENTS ELEMENT
GOAL: To manage Manage the provision of County infrastructure through sound fiscal policies to meet the needs of existing and future residents and businesses and to implement the Comprehensive Plan.
OBJECTIVE 1: To develop Develop and annually review and revise a program of capital improvements designed to meet existing deficiencies, to meet the needs for future growth, to provide for replacement of obsolete or facilities in need of replacement, and to limit public expenditures in Coastal High Hazard Areas (CHHA) based on the identification of facility needs and level of service (LOS) standards contained in the other elements of this plan.
Policy 1.1: The following level of service standards identified below shall be used in implementing plans and programs for capital improvements and in coordinating land development with provision of adequate public facilities:
LEVEL OF SERVICE STANDARDS Level of Service Standards, Wakulla County FACILITY LEVEL OF SERVICE STANDARD Solid Waste Average Solid Waste Generation rate of 3.1 lbs/capita/day Potable Water (1) System capacity shall be based on 250 gallons per Equivalent Dwelling Unit per day based on maximum daily flow plus the maintenance of minimum fire flow standards. (2) Minimum potable water quality shall be as defined by the U.S. Environmental Protection Agency, except where the State or County may impose stricter standards. Sanitary Sewer (1) Minimum average daily flow to be treated from domestic units shall be 250 gallons per Equivalent Dwelling Unit per day. (2) Wastewater effluent shall meet standards defined by State law, permit requirements of the Florida Department of Environmental Protection and Water Management District and County ordinance when discharged to groundwater or surface water in the County. Parks and Recreation 5 acres of recreation land (excluding Federal and State holdings) per 1,000 population Transportation Crawfordville Transitioning Outside Crawfordville State E D C Highways County Roads E D C Minor Local D D C Roads
Transportation is analyzed by PM Peak Hour Peak Direction
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
Drainage Stormwater quality: No discharge from any stormwater discharge facility shall cause or contribute to a violation of water quality standards as provided for in County ordinances, federal laws and State statutes.
Stormwater management systems shall provide for adequate control of stormwater runoff (quantity) as provided below:
Emergency shelters and essential services buildings - 100 year flood Habitable buildings - 100 year flood Employment/service centers - 100 year flood Roads: Roads should be passable during flooding. Roadway flooding, <6” depth at the outside edge of payment is considered passable. • Evacuation Roads: - 100 year flood • Arterials - 100 year flood • Collectors - 25 year flood • Neighborhoods - 25 year flood Sites: Flooding refers to standing water in agricultural land, developed open or green space (yards and parking lots, etc.) and undeveloped lands designated for future development. This does not include areas incorporated into any stormwater or basin master plans as floodway, floodplains, or flood storage areas. • Urban: - 5 year flood • Rural: - 2 year flood
Schools Elementary Schools: 100% of FISH capacity for permanent student stations only Middle Schools: 100% of FISH capacity for permanent student stations only High Schools: 100% of FISH capacity for permanent student stations only
Policy 1.2: The following criteria shall be used in evaluating proposed capital improvements:
(1) Does the improvement eliminate public hazards and is it consistent with limiting public investment in coastal high hazard areas as specified in the Coastal Management Element?
(2) Does the improvement eliminate existing infrastructure capacity deficiencies?
(3) Does the improvement accommodate the need for facility capacity required by new development and redevelopment?
(4) Is the improvement located so as to support projected growth patterns (either by being accessible
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
and convenient to users or by being remote from future population to avoid land use conflicts)?
(5) Is the improvement consistent with plans of other agencies which provide facilities within the County?
(6) Will the facility be available concurrent with the demands generated by existing permitted development and projected new development?
(7) Will the financial impacts of the improvement, including both capital costs and recurring operating costs, be consistent with the County's ability to support the improvement?
(8) Will the improvement meet the standards of Policy 1.1?
(9) Will the improvements be consistent with limiting public expenditure in the coastal high hazard area to those which do not subsidize additional development, except where the expenditure restores or enhances natural resources?
Policy 1.3: The following criteria shall be used in evaluating the necessity for different projects (ranging from those which are most critical to those which are least critical) as part of the process of establishing priorities for use of limited resources:
(1) Projects which eliminate an imminent threat to the health or safety of the public;
(2) Projects which are necessary to comply with a mandate of law or of a court of competent jurisdiction;
(3) Projects which are necessary to preserve or protect the County's investment, or state or federal grant funded investment, in existing infrastructure through the maintenance, replacement, or renewal of existing facilities;
(4) Projects which remove existing infrastructure deficiencies;
(5) Projects which are part of a comprehensive expansion of all necessary services to provide for new growth consistent with this plan; and
(6) Individual projects which have the effect of accommodating growth in one area, but which area is not adequately served by all other necessary facilities.
Policy 1.4: The County will establish programs for necessary maintenance of facilities and for replacement and/or renewal of capital facilities to ensure that level of service standards do not deteriorate or that operating costs do not increase due to deterioration.
Policy 1.5: The County will, in conjunction with the annual process for preparation of the operating budget, prepare/update and adopt a five-year Capital Improvement Program (CIP), the first year of which shall be the annual capital portion of the adopted budget. The following criteria shall be followed in developing and updating
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018 the CIP:
(1) The timetable for preparation shall be similar to that used for the preparation of the annual operating budget so that financial resources available for capital projects can be identified and implications of planned capital projects can be reflected;
(2) The CIP (and the process for its update) shall conform to this plan, including specifically, but not limited to, the level of service standards, the implementation of projects identified in the various elements, the criteria for evaluating projects, and criteria for establishing project priorities; and
(3) This Element shall be reviewed at least annually in conjunction with the update of the CIP and shall be updated as needed to remain consistent with new information.
Policy 1.6: Amendments may be made periodically to the CIP and capital budget. Where amendments address mandatory facilities, such amendments shall only be made in conformity with this plan.
Policy 1.7: No capital improvement or project involving a mandatory facility may be undertaken except in conformity with this plan and the CIP/capital budget. The CIP need only address projects or programs with a total cost of more than $5,000.
Policy 1.8: Capital improvement projects that are necessary to maintain any adopted level-of-service standards within the five-year period shall be undertaken to ensure those standards are met. Table 1 shows the capital improvement projects necessary to maintain the adopted Level of Service for the County’s infrastructure.
TABLE 1 Five-Year Schedule of Needed Capital Improvements, Wakulla County, 2016-2021 2017-2022 FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL PROJECT YEAR YEAR YEAR YEAR YEAR YEAR 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Potable Water City of Sopchoppy TBD (to be expansion (new well funded by site) the City) HIGH PRIORITY Solid Waste No Capacity Improvements Needed to Maintain LOS Transportation Facilities CR375 Over Smith $30,800 $2,192,869 Creek Bridge No. (ROW) $2,007,338 590020 HIGH (CONSTR- Replacement* PRIORITY UCTION) HIGH
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
PRIORITY FH356 Lawhon Mill $42,100 $649,526 Road Over Unsigned (ROW) HIGH (CONSTR- Stream Bridge No. PRIORITY UCTION) 594005 HIGH Replacement* PRIORTIY Expansion of US 319 $3,528,300 $21,233,783 (From N. of SR 267 (ROW) HIGH $22,555,116 to Leon County PRIORITY (ROW, Line)* ENVIRONM ENTAL & CONSTRU- CTION) HIGH PRIORITY Expansion of US 319 $7,137,207 $2,139,000 $30,360,548 (From East Ivan Rd (ROW & $8,786,207 $32,615,10 to N. of SR 267)* ENVIRONME (ROW & 6(CONSTR NTAL) HIGH PRIORITY ENVIRONM UCTION) ENTAL) HIGH HIGH PRIORITY PRIORITY Expansion of US 319 $3,797,600 (From Lost Creek (ROW For Bridge to S. of East future Ivan Road)* capacity) ($30,334 is included HIGH for Engineering and PRIORITY ROW in the Tentative FDOT Five Year Work Program Engineering for $2,828,000 $934,550 Future Capacity on HIGH HIGH US 319 (From US 98 PRIORITY PRIORITY to Lost Creek Bridge)* Expansion of US 319 $400,000 (From US 98 to N. of (ROW) HIGH Alaska Way)* PRIORITY Drainage No Capacity Improvements Needed to Maintain LOS
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
Wastewater Lift Station $110,000 $110,000 $110,000 Rehabilitation*** (Funded as (Funded as (Funded as part of part of BOCC part of BOCC Budget) BOCC Budget) HIGH Budget) HIGH PRIORITY HIGH PRIORITY PRIORITY 319 Lift Station $1,066,280 Upgrades and (Funded by Rerouting Legislative Springs Protection Fund) HIGH PRIORITY Magnolia Gardens $3,860,000 Sewer HIGH Expansion/Septic PRIORITY Tank Abandonment **
Wakulla Gardens $6,540,000 Sewer HIGH Expansion/Septic PRIORITY Tank Abandomnet ** Otter Creek $10,700,000 Wastewater HIGH Treatment Plant PRIORITY Improvements** Schools No Capacity Improvements Needed to Maintain LOS * See Capital Region Transportation Planning Agency Transportation Improvement Program FY16-17 17/18 – 21/22 ** See Wakulla County Adopted Infrastructure Plan, Additional Projects Updated July 17, 2017 *** See Wakulla County Capital Projects 5 Year Plan from FY13/14 Approved Final Budget
TABLE 2 Status of Capital Improvement Projects Outlined in Comprehensive Plan, Wakulla County, 2013 2018 PROJECT OBJECTIVE/BOCC STATUS APPROVED Infrastructure Element
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
Drainage Study Objective 2.1 Not Complete Wastewater and Potable Water Master Plans Objective 2.2 Not Complete Closing and Monitoring of Lower Bridge Landfill Site Objective 2.2 Complete Develop Recycling Facilities at Lower Bridge Landfill Objective 2.2 Complete Site Develop Facilities to Store Hazardous Waste Objective 2.2 Not Complete Purchase Equipment to implement County-wide Objective 2.2 Complete recycling Improve Solid Waste Capacity to meet Future Needs Objective 2.2 Complete
Transportation Element
Pave Sopchoppy River Estates Road Objective 3 Complete Pave Forest Road (River Estates to Arran) Objective 3 Complete
Policy 1.9: The County hereby incorporates by reference the Wakulla County Adopted Infrastructure Plan dated October 15, 2012July 17, 2017, authored by the Wakulla County Board of County Commissioners and Kimley-Horn and Associates, Inc., to address capital projects that may or may not be needed to ensure Level of Service standards are maintained but include projects to fulfill the priorities of the Board of County Commissioners and local communities.
Policy 1.10: The County will seek state or federal funding for extending services to low and moderate income areas that are deemed as having deficient services.
OBJECTIVE 2: To coordinate Coordinate land use decisions with the County’s capability to meet level of service standards, manage the land development process so that facility needs created by permitted development do not exceed the ability of the County, and identify the extent to which future development will be required to contribute to its proportional cost of facilities necessary to meet LOS standards through the accomplishment of the following policies.
Policy 2.1: The County shall manage its debt by limiting outstanding capital debt to a 1:5 ratio of total debt service to total County revenues. The County's fiscal policies shall be consistent with this plan.
Policy 2.2: The County established a Concurrency Management Systems (CMS) as part of the land development regulations in 2008. The (CMS) provides that no final permit for development be issued unless the facilities necessary to serve the development exist and meet the level of service standards set out in this plan, or that the permit is conditioned on the necessary facilities meeting level of service standards by the time demand for services results from the development. The CMS shall be implemented as follows:
(1) The facilities for which infrastructure capacity shall be evaluated shall include: roadways, potable water facilities, sanitary sewer facilities, drainage facilities, solid waste facilities, schools and parks;
(2) The County shall maintain an ongoing summary of capacity and demand changes within the area served by each facility, and when it appears that a facility has reached ninety (90) percent of capacity shall undertake periodic review on a quarterly basis rather than annually;
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
(3) The following standards shall apply:
(a) All applications for change in zoning, preliminary subdivision approval, preliminary site plan approval or other preliminary approval of any development shall be reviewed to determine if the facilities serving the area in which the development is located meet the level of service standards herein. The results of this review shall be presented to the applicant and, when applicable, to the Planning Commission and to the Board of County Commissioners at the time of their consideration of the application for preliminary approval. Where site review by the Planning Commission and/or Board of County Commissioners is not required, the results of the concurrency review shall be presented to the applicant and to the reviewing/approving authority at the time of review. The purpose of this concurrency review and report at the preliminary review stage shall be to explicitly place the applicant and, when applicable, reviewing/approving authorities, on notice of: (1) the status of the proposed development as compared with concurrency; and (2) the restriction against final approval where the concurrency requirement is not met.
(b) All applications for final approval (including all applications for final subdivision approval; final site plan, including density and intensity approval; change of zoning where a specific enforceable plan of development is included; and/or a final development order for a development of regional impact) shall be reviewed to determine if the facilities serving the areas in which the development is located meet the level of service standards herein. No such application may be approved unless the infrastructure is found to be adequate.
(c) Where no change of zoning, subdivision approval, site plan approval, or other approval is required, the concurrency determination shall be made at the time of building permit review. No building permit shall be issued unless the facilities serving the area in which the development is located meet the level of service standard herein.
(4) In the event that the property in question is within an area in which the infrastructure is inadequate to meet the established level of service standards, approval may be issued conditioned on the provision of adequate infrastructure prior to any occupancy of the development (such conditional approval shall identify the specific facilities which are deficient and the specific actions which must be taken before the development may be occupied). Proportionate Share contributions may also be used in the instance of an infrastructure deficiency.
Policy 2.3: The County may require impact fees and other methods to assess new development its pro-rata share of costs in order to maintain level of service standards.
OBJECTIVE 3: To regulate Regulate public facility improvements to ensure that they do not contribute to urban sprawl.
Policy 3.1: Prior to construction, expansion or extension of a public facility within the unincorporated area, whether publicly or privately owned, a permit must be obtained from the County. For the purposes of this policy, a "public facility" shall include any facility in one of the following systems: arterial or collector road, public park, sewer, water, drainage, or solid waste. An "expansion or extension" is any improvement which increases the overall capacity of the system or which increases the area or number of users served. Before approving a permit
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018 request for the expansion or extension of a public facility, the County shall determine that the additional population or area served is also adequately served by other public facilities or will be adequately served by facilities which are funded and scheduled for construction. The County shall also review the criteria contained in Policies 1.2 and 1.3 of this Element. Nothing in this policy shall be construed as prohibiting the improvement of a public facility system necessary to remove an immediate threat to the public health, safety or welfare. No extension/expansion shall be approved unless the uses and densities/intensities supported conform to the adopted Future Land Use Map.
Policy 3.2: The County shall establish incentives for use of existing infrastructure in urban areas. Such incentives shall include, but are not limited to, higher density/intensity standards where sewer, water and master drainage systems are available. The County shall also require connection of existing uses in urban areas to existing or new water and/or sewer service located adjacent to the property. In reviewing new development, consideration shall be given to reservation of capacity in water and sewer systems for existing development which is required to use such services but has not yet been connected.
Policy 3.3: The County shall advise all public facility providers of the requirements of Policy 3.1, above. No extension/expansion shall be approved unless there is an agreement between the County and the service provider which ensures that the level of service standards adopted in this Plan will be maintained and that facilities and services will be extended in a manner to facilitate urban development.
Policy 3.4: The County may require impact fees to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development.
Policy 3.5: The County shall implement a program for mandatory dedications or fees in lieu of dedications as a condition of plat approval for the provision of recreation and open space.
Policy 3.6: All subdivisions developed at densities of more than one unit per one acre and higher should provide full services to include, at a minimum: paved streets, potable water, sanitary sewer, signs, drainage, and open space.
Subdivisions developed at densities of one or more units per two acres or more shall provide at a minimum: paved streets, signs, drainage and a central potable drinking water system.
Policy 3.7: The County shall adopt an ordinance, requiring that adequate facilities, as defined by the Land Development Codes and levels of service standards in this plan, be provided prior to the impact of development.
Policy 3.8: The County shall develop and implement a developer agreement to insure that needed facilities are provided.
OBJECTIVE 4: To prioritize Prioritize the County’s fiscal resources to ensure the provision of needed capital improvements and for future development and redevelopment within urbanizing areas.
Policy 4.1: In areas where level of service standards indicate existing deficiencies, the County shall ensure that public facilities needed to serve development for which development orders have been issued are provided prior to the issuance of building permits except for new development projects such as subdivisions or planned unit developments requiring and receiving approval of the Board in conjunction with a developer agreement
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
stipulating remediation of the deficiency.
Policy 4.2: The County shall adopt a 5-year capital improvement program and annual capital budget as a part of its budgeting process.
Policy 4.3 4.2: The County shall, through land development codes, require that developers provide all needed facilities in conjunction with any proposed new development.
Policy 4.4 4.3: Efforts shall be made to secure grants or private funds whenever available to finance the provision of capital improvements.
OBJECTIVE 5: To ensure Ensure that decisions regarding the issuance of development orders and permits will be based upon coordination of the development requirements included in this Plan, the Land Development Codes, and the availability of necessary facilities needed to support such development at the time needed.
Policy 5.1: All development and maintenance of water quality shall use the following Level of Service standards (LOS). Recreation standards presume the continuing coordination of public use of facilities provided by other county, state and federal agencies.
Sanitary Sewer -
(1) Minimum average daily flow to be treated from domestic units shall be 250 gallons per Equivalent Dwelling Unit per day. (2) Wastewater effluent shall meet standards defined by State law, permit requirements of the Florida Department of Environmental Protection and Water Management District and County ordinance when discharged to groundwater or surface water in the County.
Solid Waste -
3.1 pounds per capita per day;
Drainage -
Stormwater quality: No discharge from any stormwater discharge facility shall cause or contribute to a violation of water quality standards as provided for in County ordinances, federal laws and State statutes.
Stormwater management systems shall provide for adequate control of stormwater runoff (quantity) as provided below:
Emergency shelters and essential services buildings - 100 year flood Habitable buildings - 100 year flood Employment/service centers - 100 year flood Roads: Roads should be passable during flooding. Roadway flooding, <6” depth at the outside edge of payment is considered passable. • Evacuation Roads: - 100 year flood • Arterials - 100 year flood
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
• Collectors - 25 year flood • Neighborhoods - 25 year flood Sites: Flooding refers to standing water in agricultural land, developed open or green space (yards and parking lots, etc.) and undeveloped lands designated for future development. This does not include areas incorporated into any stormwater or basin master plans as floodway, floodplains, or flood storage areas. • Urban: - 5 year flood • Rural: - 2 year flood
Potable Water -
(1) System capacity shall be based on 250 gallons per Equivalent Dwelling Unit per day based on maximum daily flow plus the maintenance of minimum fire flow standards. (2) Minimum potable water quality shall be as defined by the U.S. Environmental Protection Agency, except where the State or County may impose stricter standards.
County-owned Roads -
Level of Service E at P.M. peak hour within the Crawfordville Town Plan Overlay boundary, except for minor local roads whose Level of Service is set at D at P.M. peak hour, Level of Service D at P.M. peak hour one link beyond the Crawfordville Town Plan Overlay boundary, and Level of Service C at P.M. peak hour elsewhere.
Recreation Standards for Facilities:
STANDARDS FOR PARKS AND RECREATIONAL LANDS: 5 acres of recreation land (excluding Federal and State holdings) per 1,000 population.
Schools:
Elementary Schools: 100% of FISH capacity for permanent student stations only Middle Schools: 100% of FISH capacity for permanent student stations only High Schools: 100% of FISH capacity for permanent student stations only
Policy 5.2: Proposed plan amendments and requests for new development or redevelopment shall be evaluated according to the following guidelines as to whether the proposed action would:
(1) Contribute to a condition of public hazard as described in the Infrastructure Element and Coastal Management Element;
(2) Worsen any existing condition of public facility capacity deficiencies as described in the Transportation Element, Infrastructure Element, and Recreation and Open Space Element;
(3) Generate public facility demands that may be accommodated by capacity increases planned in the 5-year Schedule of improvements;
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
(4) Conform with future land uses as shown on the future land use map of the Future Land Use Element, and urbanizing service areas as described in the Infrastructure Element;
(5) If public facilities are developer-provided, accommodate public facility demands based upon adopted LOS standards;
(6) Affect state agencies' and water management districts' facilities plans.
OBJECTIVE 6: To manage Manage the timing of residential subdivision approvals, site plans or their functional equivalent to ensure adequate school capacity is available consistent with adopted level of service standards for public schools.
Policy 6.1: The Wakulla County School Board, Wakulla County and the municipalities of Sopchoppy and St. Marks agree to the following level of service standards for public schools in Wakulla County.
Type of School Level of Service Standard Elementary Schools 100% of FISH capacity for permanent student stations only Middle Schools 100% of FISH capacity for permanent student stations only High School 100% of FISH capacity for permanent student stations only Charter Schools 100% of capacity
Policy 6.2: The County and the municipalities shall ensure that future development pays a proportionate share of the costs of capital facility capacity needed to accommodate new development and to assist in maintaining adopted level of service standards, pursuant to impact fees, proportionate share mitigation and other legally available and appropriate methods in development conditions.
OBJECTIVE 7: To ensure that the County and municipalities future needs are addressed consistent with the adopted level of service standards for public schools. Based on the identification of facility needs and level of service standards contained in the Public School Facilities Element, the Wakulla County School Board shall develop and annually review and revise a program of capital improvements for educational facilities that will be incorporated by reference by the County and municipalities on an annual basis into the 5-year schedule of capital improvements.
Policy 7.1: The County and the municipalities hereby incorporates by reference the Wakulla County School Board Educational Facilities Work Program dated October 12, 2016 November 13, 2017, that includes school capacity sufficient to meet anticipated student demand projected by the County and municipalities, in consultation with the School Board’s projections of student enrollment, based on the adopted level of service standards for public schools.
Policy 7.2: The County and municipalities shall annually update, by December 1st of each year, the Capital Improvements Element by adopting by reference the School Board’s Work Program to ensure level of service standards will continue to be achieved and maintained during the five-year planning period.
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ATTACHMENT A Wakulla County Comprehensive Plan June 2014 2018
Policy 7.3: The 5-year schedule of capital improvements for public school facilities ensures the level of service standards are achieved and maintained within the period covered by the 5-year schedule. After the initial 5-year schedule of capital improvements for public school facilities, annual updates to the schedule shall ensure levels of service standards are achieved and maintained each year of the subsequent 5-year schedule of capital improvements.
Policy 7.4: The County, the municipalities and the School Board will coordinate during updates or amendments to the Comprehensive Plan and updates or amendments to long range plans for School Board facilities (District Educational Facilities Plan).
Policy 7.5: Wakulla County and the municipalities of Sopchoppy and St. Marks’ strategy, in coordination with the School Board, for correcting existing deficiencies and addressing future needs includes:
1. Implementation of a 5-year schedule of capital improvements for public schools to ensure level of service standards are achieved and maintained; 2. Identification of adequate sites for funded and planned schools; and 3. The adoption Consideration of the use of impact fees in order to generate additional revenue to help fund school improvements.
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ATTACHMENT B Wakulla County Comprehensive Plan July 2013 2018 GOALS, OBJECTIVES AND POLICIES
INFRASTRUCTURE ELEMENT
Goal 1: To provide Provide needed public facilities in a manner that protects investments in existing facilities and supports orderly, efficient growth while protecting natural resources.
Objective 1.1: To ensure Ensure that, at the time a development permit is issued, adequate facility capacity is available, or that the permit is conditioned on the availability of facilities necessary to serve the development.
Policy 1.1.1: The County shall be consistent with all requirements of Rule 62-40, F.A.C., and designate the twenty-five year, twenty-four hour storm event as the design criteria to be used to calculate pre- development peak hour rate and volume and require that post-development rates shall be equal to or less than that calculation. No development will be approved which, as shown through the existing Land Development Code mandated review, would allow further degradation of water quality or increased discharge quantity. The following level of service standards are hereby adopted, and shall be used as the basis for determining the availability of facility capacity and the demand generated by the development:
FACILITY/SERVICE AREA MINIMUM LEVEL OF SERVICE STANDARD
(1) Minimum average daily flow to be treated from domestic units shall be 250 gallons per Equivalent Dwelling Unit per day. (2) Wastewater effluent shall meet standards defined by State law, permit requirements of the Florida Department of Environmental Protection and Water Management District and County ordinance Sanitary Sewer when discharged to groundwater or surface water in the County. Average Solid Waste Generation Rate 3.1 pounds per capita per Solid Waste Facilities day. (1) Stormwater quality: No discharge from any stormwater discharge facility shall cause or contribute to a violation of water quality standards as provided for in County ordinances, federal laws and State statutes. (2) Stormwater management systems shall provide for adequate control of stormwater runoff.
Flooding Reference Flood intervals in years Emergency shelters and essential services buildings 100 Habitable buildings 100 Employment/service centers 100 Roads: Roads should be passable during flooding. Evacuation Roads:100 Roadway flooding, <6” depth at the Arterials: 100 outside edge of payment is considered Collectors: 25 passable. Neighborhood: 25 S Sites: Flooding refers to standing water Urban (>1 unit/acre): 5 Drainage/Stormwater Facilities in agricultural land, developed open or Rural: 2
ATTACHMENT B Wakulla County Comprehensive Plan July 2013 2018 green space (yards and parking lots, etc.) and undeveloped lands designated for future development. This does not include areas incorporated into the stormwater or basin master plans as floodway, floodplains, or flood storage areas. (3) All drainage facilities within the County shall be designated to meet the water quality standards and design criteria consistent with Rule 62-25, F.A.C. and Rule 62-346 F.A.C.
(1) System capacity shall be based on 250 gallons per Equivalent Potable Water Dwelling Unit per day based on maximum daily flow plus the maintenance of minimum fire flow standards. Average Water (2) Minimum potable water quality shall be as defined by the U.S. Consumption Environmental Protection Agency, except where the State or Rates County may impose stricter standards.
(a) Stormwater management systems serving new development or redevelopment shall be designed such that the post-development stormwater volume and peak discharge rate do not exceed pre-development conditions for a twenty-five year, twenty-four hour design storm and shall provide stormwater treatment as required by Water Resource Implementation Rule 62-40 Florida Administrative Code (F.A.C.) or Water Management District regulations, such that water quality standards are met in receiving waters. The County shall require coordination with the Florida Department of Environmental Protection (FDEP) or the Northwest Florida Water Management District (NWFWMD) to ensure that all development and redevelopment activity further complies with Rule 62-25, F.A.C. and Rule 62-346 F.A.C., and Section 208 of the Federal Water Pollution Control Act.
(b) Plans for single-family residential structures shall include methods to minimize stormwater impacts by using site suitable best management practices which maximize infiltration of stormwater and minimize the off-site discharge of stormwater.
(c) Stormwater levels of service and stormwater master plans shall be developed for any area identified for designation as an urban service area, including Panacea, Shell Point, Crawfordville, and the Woodville Highway area, in conjunction with said designation. The County shall seek grants to fund county-wide stormwater assessment evaluations, which assessments evaluations will identify the causes of existing stormwater management deficiencies and specific remedies, including intergovernmental agreements to correct said deficiencies and improve water quality. The County shall estimate the cost and funding requirements to rectify existing deficiencies and shall amend the Comprehensive Plan and capital improvements element such that existing deficiencies may be corrected.
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ATTACHMENT B Wakulla County Comprehensive Plan July 2013 2018
Policy 1.1.2: All improvements for replacement, expansion or increase in capacity of facilities shall be compatible with the adopted level of service standard for the facilities.
Policy 1.1.3: The Public Works and Planning and Community Development Departments shall jointly develop procedures to update facility demand and capacity information as development orders and permits are issued.
Policy 1.1.4: The Planning and Community Development Department shall prepare annual summaries of capacity and demand information for each facility and service area.
Policy 1.1.5: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of centralized sanitary sewer and potable water shall be limited provided to the urbanizing areas shown in the support documents of this plan.
Policy 1.1.6: The Planning and Community Development Department will coordinate with all local governments within the designated service areas to ensure their comprehensive plans and development permit procedures are compatible with County policy.
Policy 1.1.7: The County will revise its land development regulations to prohibit development that would rely on groundwater withdrawal that could cause saltwater intrusion to natural systems, and to regulate land use and development to protect the functions of natural drainage features. This will be done by requiring major water users to connect to central public or private water systems with adequate capacities and by requiring drainage improvements which will maintain post-development conditions equal to pre- development conditions.
Objective 1.2: To maintain Maintain a five-year schedule of capital improvement needs for public facilities to be updated annually in conformance with the review process for the Capital Improvements Element of this Plan.
Policy 1.2.1: The following entities will be consulted during the Capital Improvements Plan update process for the purpose of evaluating and ranking capital improvements projects proposed annually for inclusion in the five-year schedule of capital improvements needs: Planning and Community Development Department, Solid Waste Department, and Public Works Department. These entities will provide the results of the annual review of the capital improvements schedule to the Division of Planning and Zoning by July 15 of each year. The Division of Planning and Zoning will forward the review to the Planning Commission by July 30, in accordance with the review schedule set forth in part B, Monitoring and Evaluation, of the Infrastructure Element of this Plan.
Policy 1.2.2: Proposed capital improvements projects will be evaluated according to the following priority level guidelines:
Level One - Whether the project is needed to protect public health and safety, to fulfill the County's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities.
Level Two - Whether the project increases efficiency of efficient use of existing facilities, prevents or reduces future improvement costs, provides service to developed areas lacking full service or promotes in-fill development. IE-3
ATTACHMENT B Wakulla County Comprehensive Plan July 2013 2018
Level Three - Whether the project represents a logical extension of facilities and services.
Objective 1.3: To implement mandatory requirements for inspections, operations and maintenance of on- site wastewater treatment systems.
Policy 1.3.1: Use of on-site wastewater treatment systems shall be limited to the following conditions:
(a) Existing septic tank and package treatment plants may remain in service until such time as centralized service is made available, or the systems fail to properly perform;
(b) The County shall maintain in its land development regulations a provision that existing septic systems shall be replaced with performance-based septic systems when the existing system fails or otherwise requires replacement, or modification as determined by the Department of Health. As part of such land development regulations, the County will provide an exception from the requirement of replacing or modifying a system with a performance-based septic system if the system’s owner has demonstrated a financial hardship to the satisfaction of the County, and that the user cannot afford to upgrade the system without public funding. The County shall define the financial hardship test by resolution. If such a demonstration is made, the system’s owner must replace the system but a performance-based septic system shall not be required until sources of funding are available to assist those owners who cannot afford to pay for the upgrade;
(c) The County shall diligently seek sources of funding through the SHIP program and other sources, to assist those who cannot afford to upgrade failed systems as required.
(d) Septic systems for new development shall be limited to performance-based septic systems as certified by the Department of Health; and
(e) Use of package treatment plants shall be limited to those with business and management plans approved by the County.
Policy 1.3.2: The Public Works Department shall develop and implement inspection, operation and maintenance guidelines for package treatment plants, utilizing private sector sources for implementation whenever possible. The Public Works Department may perform such functions through contractual agreement with facility owners.
Policy 1.3.3: Issuance of all development orders or permits will be conditioned upon demonstration of compliance with applicable federal, state and local permit requirements for on-site wastewater treatment systems.
Policy 1.3.4: The County will coordinate with appropriate federal and state agencies and amend local ordinances to require that issuance of permits for replacement or expansion of existing on-site wastewater treatment systems is conditioned upon compliance with current regulatory requirements and water quality standards.
Policy 1.3.5: The County will coordinate with Leon County and the City of Tallahassee to explore the establishment of a regional management entity for decentralized wastewater systems.
Policy 1.3.6: All new development shall connect to central wastewater treatment facilities within one year
IE-4
ATTACHMENT B Wakulla County Comprehensive Plan July 2013 2018
from the date that such facilities are available or become available as provided by law. For central wastewater treatment facilities whose sprayfield(s) or other disposal system is located in the Wakulla Springs Special Planning Area, the following standards for treatment are:
a. Advanced Wastewater Treatment (AWT) levels (3mg/L for nitrogen, 5 mg/L CBOD, 1 mg/L total phosphate, 5 mg/L suspended solids, & a high level of disinfectant) for all Type I (design capacity of 500,000 gallons per day to 12.5 million gallons per day) and Type II (100,000 to 500,000 gallons per day) central wastewater treatment facilities using Rapid infiltration Basins.
b. A treatment standard above secondary treatment of 10 mg/L for nitrogen for Type III (less than 100,000 gallons per day) facilities.
Policy 1.3.7: Effective October 1, 2012, the requirement for new development to install performance- based septic systems as provided in Policy 1.3.1 shall only apply to those properties outlined below. A list of approved systems, which shall include all nitrogen reducing systems engineered to achieve a 50 percent (50%) nitrogen reduction at the outfall of the tank, shall be maintained at the Wakulla County Health Department.
(a) All individual properties smaller than 5 contiguous acres where central wastewater systems are not available and located within the Wakulla Springs Special Planning Area (as depicted on the Wakulla County Future Land Use Map).
(b) All properties throughout the County where the on-site septic system will be installed within 150 feet of the high water level of any surface water, wet sink, swallet, or other karst feature providing direct connection to groundwater, or within 300 feet of a 1st or 2nd magnitude spring. Notwithstanding the standards of this Policy, the natural area buffers of Policy 13.1 of the Conservation Element must be maintained.
(c) All properties throughout the County where the total acreage is less than 0.229 contiguous acres of deeded property.
The Wakulla County Board of County Commissioners may exempt site specific areas from the performance-based septic system requirements contained within Policy 1.3.7(c) above, through the adoption of a Resolution, once funding for construction of the central wastewater systems needed to serve these site specific areas is secured and allocated through the budget process and is committed in the five- year schedule of capital improvements.
Policy 1.3.8: Notwithstanding the requirements in Policy 1.3.1, effective October 1, 2012 repairs and modifications, as defined in Chapter 64E-6 F.A.C. or its successor in function, to existing residential septic systems or to non-residential septic systems having a flow rate of 500 gallons per day or less shall be allowed without requiring that system to be upgraded to a performance-based septic system, but any repair or modification of an existing septic system within the County shall require that the drainfield maintains a 24-inch separation above the seasonal high water table.
Objective 1.4: To develop an electronic asset management system by 2015 as funding becomes available in order to manage and analyze existing infrastructure.
Policy 1.4.1: The County shall develop an inventory of existing infrastructure facilities in a format compatible with Geographic Information Systems (GIS) through the digitization of hardcopy files, the conversion of computer aided drafting and design (CADD) files, and the creation of new files in a GIS format.
Revised January 2017 IE-5
ATTACHMENT B Wakulla County Comprehensive Plan July 2013 2018
Policy 1.4.1: The County shall utilize the electronic infrastructure inventory and electronic land planning data to plan necessary maintenance and expansions of infrastructure facilities, to protect and manage investments in existing facilities, and to support orderly, efficient growth and protection of natural resources.
Goal 2: To require Require sanitary sewer, solid waste, drainage and potable water facilities and services to meet existing and projected demands identified in the plan.
Objective 2.1: To correct Correct existing deficiencies by undertaking the following projects by 2015:
(1) A drainage study for the urban service areas will be initiated within one (1) year of the designation of such area as an urban service area, and will identify existing deficiencies and provide recommendations for improvements.
(2) The County will encourage the maximization of public and private facilities by allowing higher densities and intensities of development only in areas so designated on the FLUM, and only where the infrastructure concurrently exists to support development proposals. Infrastructure concurrency shall be determined during the LDC mandated technical review processes.
Policy 2.1.1: Projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan.
Policy 2.1.2: Projects needed to correct existing deficiencies shall be given priority in the formulation and implementation of the annual work programs of the County Department responsible for the project.
Policy 2.1.3: No permits shall be issued for new development which would result in an increase in demand significant impact on deficient facilities prior to completion of improvements needed to bring the facility up to standard unless the applicant in good faith offers to enter into a binding agreement to pay for or construct its proportionate share of required improvements.
Policy 2.1.4: Design, siting and construction of the hazardous waste temporary storage facility will be based on the results of the 1990 update of the hazardous waste management assessment, or later assessment, conducted by the Health Department, and will be compatible with the regional and state hazardous waste management program.
Policy 2.1.5: The Health Department and the Solid Waste Public Works Department will develop and implement a hazardous waste management program to ensure that collection, storage and transfer operations comply with the provisions of Section 403.7265, F.S.
Policy 2.1.6: The County shall seek funding for improvements to historical subdivisions within the County.
Objective 2.2: To ensure Ensure that adequate capacity is available to serve projected future needs and so as to maximize the use of existing facilities and prevent urban sprawl. The County will provide for projected demands by undertaking the following sanitary sewer, potable water and solid waste projects:
Sanitary Sewer, Potable Water and Solid Waste: (1) Wastewater and potable water master plans will be completed by 2015 as funding becomes available to identify projected needs and provide recommendations for locating IE-6
ATTACHMENT B Wakulla County Comprehensive Plan July 2013 2018
systems to meet demands in areas considered for designation as urban service areas.
(2) Continue closure and monitoring of the Lower Bridge Landfill site.
(3) Continue the development of recycling facilities at the Lower Bridge Landfill site.
(4) Develop facilities at the landfill site to properly store, manage, and transfer, where appropriate, hazardous wastes in accordance with state and federal law.
(6) Improve collection sites and purchase equipment county-wide to meet demands of new growth for solid waste collection and disposal.
Policy 2.2.1: The Planning and Community Development Department will annually review growth and development statistics, including Bureau of Economic and Business Research (BEBR) Office of Economic and Demographic Research medium population projections, to determine if the list included in Objective 2.2 will meet the needs of future development. Where changes are made to timing or size of projects, projected capacity to serve new development will be reviewed and the need for changes in other parts of this plan will be evaluated.
Objective 2.3: To ensure Ensure the protection of the functions of the natural drainage system by requiring all improvements to meet stormwater management standards pursuant to Rule 62-40.432, F.A.C., on Surface Water Protection and Management Regulation and regulations set by the NWFWMD, affecting preservation of such natural drainage features.
Policy 2.3.1: No development will be permitted except in conformance with local regulations meeting standards of the National Flood Insurance Program. No development requiring stormwater management permits from the NWFWMD or FDEP will be permitted shall commence development unless such permits or exemptions have been issued.
Objective 2.4: To promote Promote techniques for conservation of potable water.
Policy 2.4.1: New development will be required to identify sources of water for non-potable use so as to preserve potable water for activities requiring water which meets drinking water standards. Large developments (such as DRI's and FQD's) shall include separate irrigation water distribution systems, and shall utilize treated effluent for irrigation purposes where the project also includes a treatment plant capable of providing treated effluent under applicable state standards.
Objective 2.5: To protect Protect the functions of groundwater recharge areas, springs, and springsheds.
Policy 2.5.1: New development will be required to maintain surface and groundwater flow rates and volumes at pre-development levels so that the natural function of groundwater recharge areas is maintained.
Policy 2.5.2: Substantial redevelopment projects shall comply with the standards for stormwater runoff that apply to new development. Substantial redevelopment shall be based upon the value and amount of cumulative improvements to the site, as provided by the land development regulations and the NWFWMD.
Policy 2.5.3: Best management practices shall be used in combination as part of a BMP treatment plan to protect water quality and minimize flooding. BMPs shall be used in the design of stormwater IE-7
ATTACHMENT B Wakulla County Comprehensive Plan July 2013 2018
management facilities and systems. The following stormwater BMPs shall be instituted to reduce nitrate loading:
a. All residential subdivisions shall use vegetated swales with swale blocks or raised driveway culverts whenever possible, except when soil, topography, or seasonal high water conditions are inappropriate for infiltration as determined by a professional engineer licensed in the State of Florida.
b. Vegetated infiltration areas shall be used to provide stormwater treatment and management on all sites except when soil, topography, or seasonal high water conditions are inappropriate for infiltration as determined by a professional engineer licensed in the State of Florida. Design of the stormwater systems for residential and commercial uses shall use bio-retention areas (below grade vegetated areas) to increase stormwater treatment and reduce stormwater volume. Downspouts for both residential and commercial development shall be directed from the roof to vegetated areas for uptake.
c. Whenever infiltration systems are not feasible, wet detention systems shall be used for stormwater treatment and management.
d. Per paragraph 62-346.301(1)(h) 62-330.301(1)(k), F.A.C., developments shall utilize the Northwest Florida Water Management District karst sensitive criteria.
i. Sensitive karst features, including sinkholes with a direct connection to the aquifer and stream-to- sink features, shall not be utilized as stormwater management facilities.
ii.All development approval by the County shall require the applicant to submit to the County a copy of obtain the FDEP or NWFWMD stormwater permit and the NPDES notice of intent to be covered by the construction generic permit prior to any land clearing.
e. All components of the stormwater treatment and management system shall be in common ownership and shall be maintained by the responsible legal entity identified in the FDEP or NWFWMD stormwater permit, typically a homeowner or property owners association.
f. The studies required in Future Land Use Policy 13.8 13.7 shall be used to characterize on-site soils and determine locations of geologic features including sinkholes, solution pipes, depressions, and depth of soil to lime rock. Sensitive karst features like sinkholes with a direct connection to the aquifer and stream-to-sink features shall be protected.
Policy 2.5.4: The Wastewater Facility Plan shall be updated every five years in order to establish a comprehensive method to ensure adequate levels of wastewater collection, treatment, disposal, and reuse.
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Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 14, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director Melissa Corbett, Senior Planner
Subject: Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-05 Pertaining to the Concurrency Management System and Transportation Element
Statement of Issue: This agenda item requests Board approval to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report based Comprehensive Plan Text Amendment CP18- 05 pertaining to the Concurrency Management System and Transportation Element.
Background: Pursuant to Section 163.3191, Florida Statutes, the County is required to evaluate its Comprehensive Plan once every seven years to determine if any changes are necessary to keep the plan in conformance with Florida Statutes since the last evaluation of the Comprehensive Plan. The Board adopted the last Evaluation and Appraisal Report (EAR) of the Comprehensive Plan on February 4, 2008 and implemented necessary alterations with EAR based Text Amendments that were adopted on May 17, 2010.
The evaluation and appraisal process has been simplified since the last time the County completed the EAR review. A detailed report on all of the changes that would need to be made to the Comprehensive Plan (the Plan) used to be required, however, effective June 2, 2011, local governments only have to submit a Letter of Determination (the Letter) saying whether their evaluation of the Plan has shown a need for amendments to the Plan or not. Staff reviewed the Plan and determined that modifications were needed to bring the Plan into consistency with current statutory requirements and to reflect current conditions. Therefore, a request to submit a Letter of Determination finding a need to amend the Plan was presented to the Board at their April 17, 2017 public hearing. This Letter was approved for submittal by the Board and subsequently submitted to the Florida Department of Economic Development (DEO) (Attachment 1). Text Amendments needed to bring the Plan into consistency are required to be transmitted to the State by May 1, 2018.
The Concurrency Management System (CMS) and Transportation Element (TE) of the Comprehensive Plan were reviewed as part of the EAR review and updates were determined to be necessary. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-05 Pertaining to the Concurrency Management System and Transportation Element February 20, 2018 Page 2
Analysis: Staff has prepared a draft Ordinance to amend the CMS and TE, which seeks to bring the language into conformance with State law, reflect current conditions of the County and to further implement associated planning documents (Attachment 2).
Proposed modifications to the CMS include the following:
• Revisions to several policies throughout the language were required to reflect changes in Florida Statutes. References to Rule 9J-5 of the Florida Administrative Code are made throughout the document as it prescribed the requirements for concurrency. This Rule was repealed in 2011 as part of a major overhaul to growth management legislation approved through House Bill 7207. Therefore, these references are proposed for removal. Additionally, requirements for capital projects to be found as financially feasible were also removed from State law in 2011. Financial feasibility requirements have previously been removed from the Capital Improvements Element of the Comprehensive Plan in its annual updates and thus, these feasibility references have been removed from the CMS as well for consistency.
• For jurisdictions enforcing transportation concurrency, certain requirements are set forth in Florida Statutes. Some of these have been altered since the last Evaluation and Appraisal of the Comprehensive Plan. Public transit facilities are specifically exempted from having to meet concurrency thresholds in current law. This is set forth in Section 163.3180(5)(h)b., Florida Statutes. The addition of this exemption into the County’s CMS is being sought to bring it into conformance with the Florida Statutes. Additionally, provisions for proportionate-share mitigation were incorporated into the language.
• The last few amendments proposed for the CMS deal with general updates. One example of these deals with a reference to the FDOT Highway Capacity Manual from 2000. The 2000 version of this Manual is outdated and therefore, the current 2010 edition is proposed for inclusion. Another minor detail added for clarity pertains to the inclusion of using a transportation professional to review and assist with transportation concurrency determinations. Staff has routinely utilized this third party assistance as called for in certain areas of the text, so clarifying language throughout the transportation section was added for consistency. During this review it was noted that the word Policy was left out of the text in multiple instances and thus, this was added. Another one of the minor changes corrects the name of the Crawfordville Overlay, as it was originally referred to at its inception, to the current Crawfordville Town Plan Overlay.
Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-05 Pertaining to the Concurrency Management System and Transportation Element February 20, 2018 Page 3
Proposed modifications to the TE include the following:
• General revisions were needed to modernize this Element. The removal of outdated and redundant language has been proposed throughout the document in order to update the transportation policies. Renumbering of subsections was also found to be necessary to provide corrections. In addition, language that provides clarity between the TE policies was incorporated.
• Revisions to several policies throughout the language were required to reflect changes in Florida Statutes. Section 163.3177(6)(b), Florida Statutes, sets forth the mandatory contents of the TE and specifically notes requirements for governments within the jurisdiction of a Metropolitan Planning Organizing (MPO). Wakulla County is now completely within the jurisdiction of the Capital Region Transportation Planning Agency, who is the region’s MPO. As such, amendments are proposed to address evacuation of coastal populations before disasters and to address airport development, along with land use compatibility around airports. These items must be addressed in the TE per the statutory requirements since the County is part of the MPO. In addition, references to Proportionate Fair-Share payments were amended to be called Proportionate-Share payments per the updated requirements of Section 163.3180, Florida Statutes. Changes to transportation concurrency regulations in State law also led to the incorporation of language that allows applicants to enter into an agreement to provide mitigation as opposed to being denied a development order when there is a lack of capacity. Section 163.3180(5)(h)1.c., Florida Statutes, makes the allowance for this agreement a requirement on the County. This allowance was also previously incorporated into the Code of Ordinances, so this amendment will bring the policy into conformance with the Code language as well.
• Updates to the language pertaining to the road resurfacing and paving schedule are also proposed to reflect the current process utilized in determining when roads will be improved. The Adopted Infrastructure Plan is used in the process and includes a list of dirt road paving projects and resurfacing projects. As funding and right-of-way become available these endeavors will be pursued.
• Recognizing goals that have been completed is another area that was included in the proposed revisions. For instance, this Element calls for the development of bicycle and pedestrian facilities master plan. The County approved a Bicycle, Pedestrian and Blueways Plan in 2012 and thus, the text has been updated to reflect this.
Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-05 Pertaining to the Concurrency Management System and Transportation Element February 20, 2018 Page 4
• Other important modifications that have been presented seek to incorporate information from associated planning documents. The Local Mitigation Strategy (LMS) is a preparedness guide and tool that includes projects the County can pursue in order to better prepare residents for disasters. Included in that plan is a project to revise the roadway construction standards within flood prone areas. The consideration of this project has been incorporated into the TE to further the goals of the LMS and to also deal with the statutory requirement of addressing evacuation for coastal populations as previously described. Adding the implementation of recommendations from the Crawfordville Town Plan into the County’s future transportation plans is another improvement proposed to this Element of the Comprehensive Plan.
Should the Board vote to schedule this Application for public hearings, then staff shall advertise it to be considered for transmittal to DEO at the Planning Commission meeting on March 12, 2018 and before the Board at their March 19, 2018 meeting.
If the Board votes to transmit the Application to the State, then staff will send the Text Amendment to DEO and other State agencies for review. DEO will have sixty days from the receipt of a complete application to review the proposal and provide an Objections, Recommendations and Comment (ORC) Report to the County. Once staff receives the ORC Report, any issues raised will be addressed and the Text Amendment can be considered by the Board again for adoption.
Budgetary Impact: If the Board directs staff to advertise the Application for public hearings, then approximately $210 will be spent on advertising the transmittal hearings in The Wakulla News. It is important to note that an additional advertisement to adopt the Text Amendment would also be required later in 2018.
Options: 1. Approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-05 pertaining to the Concurrency Management System and Transportation Element. 2. Do not approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-05 pertaining to the Concurrency Management System and Transportation Element. 3. Board Direction.
Recommendation: Option #1.
Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-05 Pertaining to the Concurrency Management System and Transportation Element February 20, 2018 Page 5
Attachment(s): 1. Letter of Determination 2. Draft Ordinance
ORDINANCE NO. 2018-__
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, RELATING TO THE REVISION OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; AMENDING, REVISING, AND READOPTING IN ITS ENTIRETY THE CONCURRENCY MANAGEMENT SYSTEM AND THE TRANSPORTATION ELEMENT OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR APPLICABLITY AND EFFECT AND THE PRODUCTION OF AN OFFICIAL EDITION OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; REPEALING THE EXISTING CONCURRENCY MANAGEMENT SYSTEM AND THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR SEVERABILITY AND FOR FILING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Wakulla County Board of County Commissioners is empowered to adopt Ordinances pursuant to Chapter 125.66, Florida Statutes; and
WHEREAS, Chapter 163, Part II, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Wakulla County Board of County Commissioners to: (a) plan for the County’s future development and growth; (b) adopt and amend comprehensive growth management plans or elements or portions thereof, to guide the future growth and development of the County; (c) implement adopted or amended comprehensive growth management plans by the adoption of appropriate land development regulations; and (d) establish, support, and maintain administrative instruments and procedures to carry out the provisions and purposes of the Act; and
WHREAS, on or about April 17, 2017, Wakulla County submitted a Comprehensive Plan Evaluation and Appraisal (EAR) Letter of Determination to the Florida Department of Economic Opportunity stating a finding of need to amend the Comprehensive Growth Management Plan; and
WHEREAS, the Wakulla County Planning Commission has been established and designated as the Local Planning Agency (LPA) for unincorporated Wakulla County, Florida, pursuant to Subsection 163.3174, Florida Statutes; and
WHEREAS, the LPA and the Board have in the preparation of the Text Amendments to the Comprehensive Growth Management Plan performed or caused to be performed the necessary studies and surveys, the collection of appropriate data, the holding of such public hearings, workshops and meetings as necessary, and have effectively provided for public participation, notice, broad dissemination of proposals and alternatives, opportunity for written comments, open discussion, communication programs, information services, considerations of, and response to, public and official comments; and
1 WHEREAS, the Wakulla County Board of County Commissioners (Board) held its transmittal hearing to consider the recommendation of the Local Planning Agency on ______, and transmitted the proposed EAR based Text Amendments to the Department of Economic Opportunity (“DEO”), in its role as the State land planning agency, and to other State review agencies; and requested review and that State’s objections, recommendations, and comment (ORC) report; and
WHEREAS, the DEO, by letter dated ______, transmitted its ORC on the amended version of the Comprehensive Growth Management Plan to the County; and
WHEREAS, an amended version of the Text Amendments to the Comprehensive Growth Management Plan was prepared in view of the ORC report by the Department of Economic Opportunity; and
WHEREAS, on or about ______, the County scheduled and advertised the adoption hearing for the Text Amendments to the Comprehensive Growth Management Plan in The Wakulla News, a local newspaper of general circulation, for ______; and
WHEREAS, on or about ______the Board held a duly advertised public hearing in accordance with Section 163.3184, Florida Statutes, to consider and receive all oral and written comments relating to the proposed Text Amendments, including the data collection and analysis package, the Wakulla County Planning Commission recommendations; and
WHEREAS, in exercise of its statutory authority, the Wakulla County Board of County Commissioners has determined it necessary and desirable to adopt the amended version of the Comprehensive Growth Management Plan’s Concurrency Management System and Transportation Element to further preserve and enhance present advantages; encourage the most appropriate use of land, water, and natural resources consistent with public interest; overcome present handicaps; and deal effectively and efficiently with future growth and problems that may result from the use and development of land within Wakulla County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY FLORIDA, AS FOLLOWS:
Section 1. Purpose and Intent.
This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, Chapter 125, Florida Statutes, and the Wakulla County Home Rule Charter.
Section 2. Amendments to the Comprehensive Growth Management Plan.
(A) The Board of County Commissioners of Wakulla County, Florida, hereby adopts as the Concurrency Management System and Transportation Element of the Comprehensive Growth Management Plan for Wakulla County, Florida, the attached goals, objectives, policies, and referenced maps, for the Concurrency Management System and Transportation Element, attached hereto as Attachments A and B and incorporated herein by reference.
(B) The revised version of the comprehensive plan for Wakulla County, Florida shall be entitled “The Wakulla County Comprehensive Growth Management Plan (Plan)” and shall include the following elements:
2
(1) Future Land Use Element: No Change
(2) Future Land Use Map: No Change
(3) Concurrency Management System: See Attachment A
(4) Housing Element: No Change
(5) Infrastructure Element: No Change
(6) Transportation Element: See Attachment B
(7) Coastal Management Element: No Change
(8) Conservation Element: No Change
(9) Recreation and Open Space Element: No Change
(10) Intergovernmental Coordination Element: No Change
(11) Capital Improvements Element: No Change
(12) Economic Development Element: No Change
(13) Public School Facilities Element: No Change.
(C) The amendment was fully considered after a public hearing pursuant to legal notice duly published as required by law.
Section 3. Official Edition
(A) Following the adoption of this Ordinance, a final edition of the Comprehensive Growth Management Plan shall be produced containing the text as adopted in its final form and related maps and that this edition shall be made available to the public.
(B) To make the Wakulla County Comprehensive Growth Management Plan available to the general public, a certified copy of this Ordinance, the Comprehensive Growth Management Plan, and any Amendments thereto, shall be located in the Wakulla County Planning and Community Development Department, located at 11 Bream Fountain Road, mailing address 3093 Crawfordville Highway, Crawfordville, Florida, 32327. The Planning and Community Development Department, through its Director, shall make copies available for public inspection, and provide duplication for a reasonable publication and copy charge.
Section 4. Applicability and Effect.
The applicability and effect of the Wakulla County Comprehensive Growth Management Plan shall be as provided by the Community Planning Act, Chapter 163, Part II, Florida Statutes, and this Ordinance. Except to the extent amended herein, the Comprehensive Growth Management Plan is hereby ratified, confirmed, and remains in full force and effect.
3 Section 5. Severability.
If any provision or portion of this Ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all the remaining provisions and portions of this Ordinance shall remain in full force and effect.
Section 6. Filing.
A Certified Copy of this Ordinance, as well as Certified Copies of the Wakulla County Comprehensive Growth Management Plan, and subsequent Amendments thereto, shall be filed with the Wakulla County Clerk of the Circuit Court.
Section 7. Repeal.
(A) The Concurrency Management System and Transportation Element of the Comprehensive Growth Management Plan, adopted by Ordinance No. 10-09 and subsequently amended, is hereby repealed.
(B) The remaining portions of the Comprehensive Growth Management Plan shall remain in full force and effect.
Section 8. Effective Date.
(A) The effective date of this plan amendment shall be pursuant to the State Land Planning Agency's Notice of Intent if DEO finds the plan amendment in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency.
(B) A certified copy of this Ordinance shall be filed in the Department of State within ten (10) days after enactment by the Board and the Ordinance shall take effect as provided by law.
PASSED AND DULY ADOPTED this ____ day of ______, 2018.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
By: ______Chairman
4 ATTEST: APPROVED AS TO CONTENT AND FORM:
______BRENT X. THURMOND, Ex Officio Heather Encinosa, Esq. Clerk to the Board County Attorney
5 Wakulla County Comprehensive Plan ATTACHMENT A November 20092018
GOALS, OBJECTIVES AND POLICIES
CONCURRENCY MANAGEMENT SYSTEM
Goal: To ensure Ensure that facilities and services are available at the time new development proposals and new developments create the demand. These proposed Proposed developments shall only be allowed in areas with adequate infrastructure. Development shall have the same meaning as defined in section 380.04, F.S.
Objective 1.0: Provide guidance and timing for the location of development within the unincorporated areas of Wakulla County through the policies set forth below and the development review procedures of the Wakulla County Land Development Code.
Policy 1.1: The County hereby requires a concurrency management review to be made with each application for development approval and a Certificate of Concurrency (C/C) issued prior to commencement of development. If the application is deemed concurrent, a C/C may be issued. If the proposal requires any other development permits, a copy of the C/C will be included with any future application for development permits. A separate concurrency review is not required for each development permit within the same project. It is intended that a concurrency review address only the availability and capacity of facilities and services, and the issuance of a C/C does not represent completion of the development review and approval process.
Policy 1.1.1: If an application for development is not deemed concurrent, the applicant will be notified that a C/C will not be issued. The burden of showing compliance with the adopted levels of service (LOS) and meeting the concurrency test is upon the applicant. Guidance for the preparation of the necessary concurrency documentation can be found in the land development code.
Policy 1.2: The Wakulla County Planning and Community Development Department shall review all applications for development. Development approval will be issued only if the proposal does not lower the existing LOS of public facilities and services below the adopted LOS specified in the Comprehensive Plan. A proposal is deemed concurrent if the following standards are met:
1) The necessary facilities and services are in place at the time a proposed development's impact occurs;
2) The development permit is conditioned such that needed facilities and services will be in place concurrently with the impacts of the development;
3) The needed public facilities and services are guaranteed through an enforceable development agreement to be in place concurrently with the proposal's impacts which includes the provisions of Rule 9J-5.0055 (2) (a) 1 through 3, F.A.C., as amended 02/25/2001.
Policy 1.2.1: In addition to (1) through (3) above, roadways shall be deemed concurrent based upon the adopted 5-year Resurfacing and Paving Plans (TE Objective 3),Adopted Infrastructure Plan and the Capital Improvements Element of the Wakulla County Comprehensive Plan (Plan), as herein described, and the following items (1-9) are met based upon the following conditions:
1) The 5-Year Roadway Capital Improvements Program and the Capital Improvement Element of CMS-1
Wakulla County Comprehensive Plan ATTACHMENT A November 20092018
the Comprehensive Plan are financially feasible. As allowed by Rule 9J-5.0055 (3)(c)2, F.A.C., concurrency determinations will include transportation projects included in the first three years of Florida Department of Transportation's Five-Year Work Program and construction will commence within the first three (3) years.
21) The County's 5-Year Roadway Improvements Program Adopted Infrastructure Plan includes improvements necessary to correct identified facility deficiencies and maintain adopted LOS for existing and permitted development.
32) The County's 5-Year Roadway Improvement Program Capital Improvements Program in the Capital Improvements Element is a realistic, financially feasible program based upon currently available revenue sources and development orders will only be issued if the public or private facilities necessary to serve the development are available or included in the 5-year cCapital iImprovements schedule Program.
43) The 5-Year Capital Improvements Program identifies whether funding for design, engineering, consultant fees, and construction costs is planned, by funding year, and how the dollars will be allocated.
54) The 5-Year Capital Improvements Program identifies the year in which actual construction of roadway improvements will occur and only those projects scheduled for construction or resurfacing within the first three (3) years of the FDOT 5-year program will be utilized for concurrency determinations.
65) A Plan amendment will be required in order to eliminate, defer, or delay construction of any roadway facility or services that is needed to maintain the adopted LOS standard.
76) The Land Development Code will be amended, to support the Plan and further ensure that development orders and permits will only be issued when all needed public facilities and services at adopted LOS are available concurrent with the impacts of development or proportionate-share mitigation is provided.
87) The County maintains a Concurrency Management System (CMS) that enables the County to determine whether adopted minimum LOS standards and the schedule of capital improvements are being adhered to and ensuring acceptable monitoring of the availability of facilities and services.
98) The Wakulla County Comprehensive Plan clearly identifies all facilities and services to be provided by the County with public funds in accordance with Capital Improvements Element.
109) The County shall continue to monitor and enforce the concurrency of facilities and services through the CMS prior to the issuance of all development approvals. If it is found that facility or service LOS would fall below the minimum acceptable level, no development approval shall be issued until the deficient facility or service is increased to address the project's impacts consistent with Rule 9J-5.0055, F.A.C .
Policy 1.3: A concurrency test will be made of the following public facilities and services for which minimum LOS standards have been established in the Plan: CMS-2
Wakulla County Comprehensive Plan ATTACHMENT A November 20092018
A. Transportation Facilities (except public transit facilities which are exempt);
B. Potable Water;
C. Wastewater Facilities;
D. Solid Waste;
E. Parks and Recreation;
F. Stormwater and Drainage;
G. Schools.
Policy 1.3.1: The concurrency test for facilities and service will be determined through a comparison of the available capacity of a facility or service versus the demand created by the development proposal. Available capacity will be determined by adding together the total excess capacity of the existing facility or service and the total capacity of any new facility or service which meet the previously defined concurrency standards and subtracting any capacity committed through concurrency reservations or previously approved development approvals.
Policy 1.3.2: Certificate of Concurrency (C/C). A Certificate of Concurrency (C/C) will only be issued at final development approval. The C/C indicates that concurrency will be met for all monitored facilities and services identified in the Plan. A C/C will remain in effect for the same period of time as the development order or permit for which it is issued. If the development approval does not specify an expiration date, the C/C shall be valid for a period of one year from issuance date.
Policy 1.5 1.4: Transportation Facilities Concurrency Determinations.
Policy 1.5.1 1.4.1: Wakulla County shall provide LOS information as set forth in the Comprehensive Plan. If the preliminary LOS information indicates a facility or service failure (when a facility or service falls below the minimum acceptable LOS), the applicant has the following options:
1) Accept the LOS information as set forth in the Plan;
2) Prepare a more detailed Highway Capacity Analysis as outlined in the FDOT Highway Capacity Manual, 2000 2010 or a Speed and Delay study following the procedures set forth in the FDOT, State Traffic Engineering and Operations Office, Manual on Uniform Traffic Studies (MUTS).
Policy 1.5.2 1.4.2: If the applicant chooses to do a more detailed analysis, the following procedures will be followed shall apply:
1) Planning staff, or a qualified representative of the County, will provide the applicant with the acceptable methodology for preparation of the analysis;
2) Applicant will submit completed analysis to Planning staff for review; and CMS-3
Wakulla County Comprehensive Plan ATTACHMENT A November 20092018
3) Planning staff, or a qualified representative of the County, will review the analysis for accuracy and appropriate application methodology.
Policy 1.5.3 1.4.3: If the alternative analysis indicates an acceptable level of service is achievable, the analysis conclusions will be used.
Policy 1.5.4 1.4.4: If the applicant is at the appropriate application stage, the alternate analysis conclusion may be used to issue a Roadway C/C. The Roadway C/C is a determination that adequate roadway facilities capacity was available as of the date of the application.
Policy 1.5.5 1.4.5: If the applicant is at the final application stage of the project, the alternative analysis methodology may be used to obtain a C/C which is set forth in the Concurrency Management System.
Policy 1.5.6 1.4.6: Applicants for proposed developments shall use the CMS in completing traffic impact analyses for minimal, small, and large developments in accordance with the following:
1) “Minimal Developments” are defined as those developments that are projected to generate 15 or fewer PM peak hour trips at the site access(es) to the public roadway network. Applicants for developments classified as “Minimal” shall only be required to complete the concurrency application form provided by the County and any applicable application fee associated with the submittal for a concurrency review.
2) “Small Developments” are defined as all developments that are projected to generate 16 to 50 PM peak hour trips at the site driveway access(es) to the public roadway network. Applicants for “Small Developments” shall only be required to distribute traffic and analyze those CMS links nearest to the site access(es), unless the roadway that the driveway(s) connect to is defined as a “Segment of Concern”, meaning that the existing volume on that segment is greater than 85 percent of the service volume for that segment. If a “Small Development” is accessed via a “Segment of Concern” then the analyses should follow the same procedures as a “Large Development.”. If a “Small Development” has access via one or more off-system roadway segments, then the distribution should include all off-system roadway segments that connect the development to the on-system roadway segments. Additionally, if the off-system segment(s) that provides access connects to the system at an intersection with a “Segment of Concern” then the analyses should follow the same procedures as a “Large Development”.
3) All developments that are not considered “Minimal Developments” or “Small Developments” are classified as “Large Developments.”. Applicants for “Large Developments” shall distribute traffic on those roadway segments (on-system or off-system) that the development accesses via site driveway access points and that connect the development to the CMS roadway network. Additionally, those roadway segments, and one segment beyond, that are within the CMS and that are expected to experience traffic volumes in the peak direction greater than or equal to five (5) percent of the adopted LOS service volume in the peak direction and the one link beyond are considered to be within the study area.
4) The distribution of traffic for the “Small Developments” and “Large Developments” on the CMS roadway segments, and those off-system roadway segments that connect the development to the
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Wakulla County Comprehensive Plan ATTACHMENT A November 20092018
CMS roadways, and any off-system roadway segments providing access should be compared to the existing available capacity to determine whether adequate capacity is available.
5) Each type of analysis will be subject to a detailed review by the County or a qualified representative of the County.
Policy 1.5.7 1.4.7: The County shall provide the option to allow applicants for development the opportunity to satisfy transportation concurrency through a Proportionate Fair-Share Ordinance.
Policy 1.5.8 1.4.8: The County shall complete an analysis to assess the needs for a transportation concurrency exception area for the area included in the Crawfordville Town Plan Overlay as adopted in the Land Development Code.
Policy 1.5.9 1.4.9: The County shall maintain records to determine whether the 110% de minimis transportation impact threshold is reached. A summary of these records shall be submitted annually, with the County’s updated capital improvements element, to the State Land Planning Agency.
Policy 1.6 1.5: Potable Water or Wastewater Concurrency Determinations.
Policy 1.6.1 1.5.1: The County will provide LOS information regarding potable water or wastewater capacity as set forth in the Plan.
Policy 1.6.2 1.5.2: The County shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the County of a certificate of occupancy or its functional equivalent.
Policy 1.6.3 1.5.3: If the LOS information indicates that the proposed project will not result in a LOS failure (when a service or facility falls below the minimum acceptable LOS), the concurrency determination would be that adequate facility capacity at acceptable LOS was available or projected to be available at the date of application inquiry.
Policy 1.6.4 1.5.4: If the LOS information indicates the proposed projects would result in LOS failure (when a service or facility falls below the minimum acceptable LOS), the concurrency determination would state that facility capacity at acceptable LOS was not available or projected to be available at the date of application inquiry.
Policy 1.6.5 1.5.5: A proposal is deemed concurrent if the needed public facilities and services are guaranteed through an enforceable development agreement to be in place concurrently with the proposal’s impacts which includes the provisions of Rule 9J-5.0055 (2) (a) 1 through 3, F.A.C., as amended 02/25/2001.
Policy 1.7 1.6: Solid Waste, Parks and Recreation, Stormwater and Drainage Facility Concurrency Determinations.
Policy 1.7.1 1.6.1: The County will provide LOS information regarding solid waste, parks, recreation, stormwater and drainage facilities as set forth in the Plan.
Policy 1.7.2 1.6.2: If the LOS information indicates that the proposed project will not result in an LOS CMS-5
Wakulla County Comprehensive Plan ATTACHMENT A November 20092018
failure for each service, the concurrency determination will state that adequate service or facility capacity at acceptable LOS was available at the date of the traffic analysis submittal. .
Policy 1.7.3 1.6.3: If the LOS information indicates that the proposed project will result in LOS failure (when a service or facility falls below the minimum acceptable LOS), the concurrency determination will state that adequate service or facility capacity at acceptable LOS was not available at the date of application inquiry.
Policy 1.7.4 1.6.4: A proposal is deemed concurrent if the needed public facilities and services are guaranteed through an enforceable development agreement to be in place concurrently with the proposal’s impacts which includes the provisions of Rule 9J-5.0055 (2) (a) 1 through 3, F.A.C., as amended 02/25/2001.
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Wakulla County Comprehensive Plan ATTACHMENT B November 20092018
GOALS, OBJECTIVES AND POLICIES
TRANSPORTATION ELEMENT
Goal: To maintain Maintain and enhance the quality of life in Wakulla County by providing a safe, convenient and efficient motorized and non-motorized transportation system that serves all residents and visitors to the county.
Objective 1: Monitor existing and future roadway deficiencies through the existing Concurrency Management System and the development review process to ensure that roadway capacities are available to concurrently handle the demand development generates.
Policy 1.1: The County hereby adopts Level of Service Standards (LOS) as defined by the Florida Department of Transportation (FDOT) for those roadway facilities designated as roadways on the State Intrastate Highway System.
Policy 1.2: The County hereby adopts peak hour directional LOS "E" standard for County owned roads within the Crawfordville Town Plan Overlay boundary, LOS D for County owned roads one link beyond the Crawfordville Town Plan Overlay boundary, and LOS “C” for all other County owned roads. The County hereby adopts peak hour directional LOS "E" standard for all State owned roads located within the Crawfordville Town Plan Overlay boundary or from Harvey Mill Road north to the Leon County Line, LOS “D” for State owned roads one link beyond the Crawfordville Town Plan Overlay boundary from Harvey Mill Road south to US 98, and LOS “C” for all other State owned roads except those on the State Intrastate Highway System or unless specifically identified for other Special Overlay Districts. The County hereby adopts peak hour directional LOS "D" standard for minor local roads within the Crawfordville Town Plan Overlay boundary, LOS D for minor local roads one link beyond the Crawfordville Town Plan Overlay boundary, and LOS “C” for all other minor local roads. Roadway links are significantly impacted if the net new external PM peak hour project trips in the peak direction are five percent (5%) or more of the service volume (PM peak hour, peak direction) at the adopted level of service (LOS) standard.
Policy 1.3: Beginning with the development of the first priority ranking for roads after the adoption of this plan, proposed rRoadway projects shall be evaluated and ranked in order of priority according to the following considerations:
(1) Whether the project is needed to protect public health and safety and to preserve or to achieve full use of existing transportation facilities;
(2) Whether cost and daily usage studies indicate that paving and maintenance for a road or road segment is cost effective over a 20-year period compared to maintaining the road in an unpaved condition;
(3) Whether paving or widening a paved road would provide an alternate travel route which will provide a greater incentive for use or in-fill development in a designated urban service area;
(4) Whether the project represents a logical extension of facilities and services within a designated service area;
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Wakulla County Comprehensive Plan ATTACHMENT B November 20092018
(5) Whether paving or widening an existing road is consistent with the County's concurrency management plan; and,
(6) Improvement of existing roads will receive a higher priority than the construction of new roads.; and,
(7) Whether the project improves the County’s ability to evacuate coastal populations before an impending natural disaster.
Policy 1.4: The County shall seek grant funding to supplement existing sources of revenue for the purpose of improving local streets, bicycle facilities and sidewalks.
Policy 1.5: The County shall maintain a Transportation Demand Management (TDM) program. The TDM program shall be updated every 5 years and, at a minimum, consider the following:
1. Parking management provisions, including parking areas and preferential parking for vanpooling purposes;
2. Mandatory display of transit and current ridesharing information in all public gathering areas, in employment centers, and in commercial areas;
3. Work hour adjustments such as: compressed work weeks; staggered work hours involving a shift in the work hours or employees; and flexible work hours involving individually determined work hours within guidelines established by the employer;
4. Facilitation of increase in non-automotive transit services and implementation of a shuttle service;
5. Establishment of a program to help coordinate ride sharing, transit information and use, flex time, telecommuting, and traffic condition reporting;
6. County promotion of the use of non-automotive transit service through fare discounts as applicable;
7. Required consideration of dedicated easements and improved pathways for use by bicyclists and pedestrians in all development plans in the Sustainable Community land use category; and
8. Identification of methods to implement the TDM program.
The County shall submit a copy of the five year updates of the TDM program to the Capital Regional Transportation Planning Agency (CRTPA) within 30 days of completion. (Ord. No. 2005-01, 1-3-05; Ord. No. 2005-59, 11-7-09)
Policy 1.6: The County shall complete annual updates of its Transportation Concurrency Management System. At the time of each update, the County shall assess the overall condition of its transportation system to determine if short-term and long-term transportation improvements are needed. For State Roads, the County shall coordinate with the FDOT. The County shall report the findings from the update for public review.
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Wakulla County Comprehensive Plan ATTACHMENT B November 20092018
Policy 1.7: The County shall require Proportionate Fair-Share payments for new developments consistent with Florida Statutes where roadways are over capacity using the generally accepted methodology as outlined in the Land Development Code.
Objective 2: Formally identify right-of-way needs for transportation facilities and maintain a priority schedule for acquisition or reservation and include provisions to protect identified future right-of-ways from building encroachment.
Policy 2.1: The County herein adopts minimum right-of-way requirements for new roadways containing the following provisions as described in the table below. The minimum widths may be increased to allow sufficient width for drainage facilities, utilities, sidewalks, on-street designated bicycle lanes, bicycle paths, or other appurtenances within the right-of-way.
Minimum Right-of-Way Widths Roadway Curb and Gutter Swale Section Classification 2-Lane 4-Lane 2-Lane 4-Lane Arterial Roadways 80 feet 130 feet 100 feet 150 feet Collector Roadway 60 feet 100 feet 80 feet 130 feet Local Roads 50 feet* N/A 60 feet* N/A *Right-of-way widths for local roads with curb and gutter may be reduced to 40 feet only through one of the following: Planned Unit Development (PUD) process defined in the Wakulla County Land Development Code, development of a property located within the Crawfordville Town Plan Overlay, or in accordance with the requirements defined in Transportation Element Policy 2.1(52). Right- of-way widths for local roads with swale sections may only be reduced to 40 feet in accordance with the requirements defined in Transportation Element Policy 2.1(5). When any road right-of-way is reduced to 40 feet, a minimum 10 feet utility easement must be provided within the lots abutting the road.
(4)(1) Clearing requirements within the designated rights-of-way shall consider the protection of mature trees, wetlands and other natural resources.
(5)(2) The reduction of the minimum right-of-way to 40 feet for swale section roadways may only apply to circumstances that involve improvement or an extension of an existing roadway when environmental, legal or physical constraints exist that prevent the expansion of such right-of-way to the minimum width so long as public safety is not jeopardized.
Policy 2.2: The County shall provide for mandatory dedication of rights-of-way as a condition of plat, site plan, or development order approval for acquiring necessary rights-of-way. The amount of right-of-way required to be dedicated shall be shown by an engineering study and/or design to be necessary for the planned improvements and shall be roughly proportionate to the transportation impacts to be generated by the proposed project unless the land owner is to be compensated for any additional dedication.
Policy 2.3: The following minimum requirements shall apply to all public and private roads.
(1) All roads shall have a minimum right-of-way width as described in Policy 2.1. Such right-of- way may not be in the form of an easement over any platted (or otherwise defined) individual lot.
(2) Private roads shall meet all standards for public roads, including horizontal and vertical
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Wakulla County Comprehensive Plan ATTACHMENT B November 20092018
alignment (curves and grade), drainage, etc., but not including paving where average lot sizes are ten (10) acres or greater in size.
(3) Private roads shall be conveyed to an owners association for maintenance. The owners association shall consist of owners of all properties benefiting from the road and shall be funded from assessments on such properties. No Neither an owners association may be disbanded or property nor a private roadway conveyed to another party except when roadway for improvements of roads are made to bring the road to County standards and dedication the road is dedicated to the County.
Objective 3: Projected transportation system improvements through the year 20202028 will be met by undertaking the following projects: pursuing projects in the Roadway Paving and Improvements lists included in Appendix A of the Adopted Infrastructure Plan, dated July 17, 2017 and through the following policies.
A - FIVE-YEAR RESURFACING PLAN
B - FIVE-YEAR PAVING PLAN
(5) Sopchoppy River Estates Road (all).
C - TEN-YEAR PAVING PLAN
(2) Forest Road (River Estates Road to Arran Road).
Policy 3.1: The County shall review all proposed development for consistency with Policy 1.3 and impacts upon Levels of Service.
Policy 3.2: The County shall assess new development an equitable pro-rata share of the costs to provide roadway improvements to serve the development by including such provisions in the County’s impact fee ordinance.
Policy 3.3: The County shall revise its Land Development Codes to ensure that no development order or permit for development will be issued unless transportation levels of service are met concurrent with the demands created by the subject development, unless the applicant in good faith offers to enter into a binding agreement to pay for or construct its proportionate share of required improvements.
Policy 3.4: The County shall adopt into its Land Development Codes, access standards for all arterial and collector roadways, with the exception of US 319, consistent with FDOT standards for access management.
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Wakulla County Comprehensive Plan ATTACHMENT B November 20092018
Policy 3.5: The Land Development Codes will be revised to establish special access and access management standards for US 319. These shall include, but are not limited to, extra setbacks for development along this roadway, restrictions on allowing required improvements (such as required parking and drainage facilities) in the road setback areas, prohibition of direct access from parking spaces onto the roadway, and limitations on the spacing and width of access points.
Policy 3.6: The County will promote access control and access management strategies that improve safety and that enhance the character of transportation corridors and gateways by promoting shared access, consolidated signage, and preserving green space for landscaping. Access strategies shall include, but not be limited to: minimum access spacing, medians, shared access, interconnections and cross access, acceleration and deceleration lanes, right in and right out limited access, and access via frontage and/or service roads.
Objective 4: Motorized vehicle, non-motorized vehicle, aviation and pedestrian travel will be regulated, and public transportation will be encouraged.
Policy 4.1: The County shall revise its Land Development Codes to establish standards for off-street parking for new development on arterial and collector roads.
Policy 4.2: Planned unit developments shall provide for bicycle and pedestrian traffic needs consistent with the recreation element of this plan.
Policy 4.3: The County shall coordinate with the FDOT to widen state roads for the accommodation of bicycle traffic needs.
Policy 4.4: The County shall develop maintain a county-wide bicycle and pedestrian facilities master plan by 2012.
Policy 4.5: The County shall continue to seek grant funds to provide transportation to the disadvantaged.
Policy 4.6: Development of new airports shall be in conformance with applicable federal laws, regulations, and permits; state laws, administrative rules, and permits issued by the Florida Department of Transportation or other applicable state agencies; and the Wakulla County Charter and Code of Ordinances. This shall include addressing land use compatibility around new airports.
Objective 5: Coordinate the County’s transportation planning, the future land uses shown on the Future Land Use Map Series of this plan, the Florida Department of Transportation Five-Year Work Program, Capital Regional Transportation Planning Agency (CRTPA) Long-Range Transportation Plan, and plans of neighboring jurisdictions, as set forth in the following policies.
Policy 5.1: The County Planning Department shall review, at least annually, subsequent versions of the Florida Department of Transportation’s Five-Year Work Program, in order to amend this element, as required.
Policy 5.2: The County shall review, at least annually, for compatibility with this element, the transportation plans and programs of the neighboring counties as they are amended in the future for compatibility with this element.
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Wakulla County Comprehensive Plan ATTACHMENT B November 20092018
Policy 5.3: All proposed amendments to this Transportation Element shall include supporting data and analysis.
Policy 5.4: The County shall designate and mark roads of historical interest.
Policy 5.5: The County shall coordinate with the CRTPA and the Florida Department of Transportation to analyze the existing and proposed roadway networks using existing and proposed future land use patterns to determine more precise projections of impacts on level of service. The County will also seek to use the model to test major land development proposals or land use map amendments to determine impacts on projected levels of service.
Policy 5.6: The County will support the efforts of the Big Bend Scenic Byway (BBSB) by providing letters of support or adopting resolutions so that the Corridor Management Entity can apply for grants to support the implementation of the BBSB Corridor Management Plan.
Objective 6: To provide Provide a safe, convenient and efficient motorized and non-motorized transportation system by taking the following actions.
Policy 6.1: The County will propose an annual (or more frequent) review of accident and safety information with the Wakulla County Sheriff’s Department in order to assist in setting priorities for transportation facility improvements.
Policy 6.2: The County will propose an annual review of the FDOT Work Program to avoid inconsistent and/or duplicative activities. Similar review will be proposed for coordination between the County and cities located within the County.
Policy 6.3: The County will provide a method for agencies, organizations and individuals having interests in the transportation system to propose activities for funding by the County and/or other sources, which activities benefit motorized or non-motorized transportation.
Policy 6.4: The County shall consider the incorporation into the Land Development Code of revised roadway construction standards for new roads in flood prone areas in order to improve the County’s ability to evacuate coastal populations before an impending natural disaster.
Objective 7: Reduce greenhouse gas emissions from the transportation sector.
Policy 7.1: The County shall plan future transportation system changes to address the following:
1) Identification of Transit Corridors 2) Interconnectivity between land uses 3) Integrated multi-modal transportation facilties 4) Linkages between neighborhoods, activity centers, and transit 5) Implementation of recommendations from the Crawfordville Town Plan.
Policy 7.2: The County shall improve bicycle and pedestrian transportation through the development of a bicycle and pedestrian facilities master plan and through modifications to the Land Development Code.
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Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 14, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director Melissa Corbett, Senior Planner
Subject: Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-07 Pertaining to the Intergovernmental Coordination Element and Public School Facilities Element
Statement of Issue: This agenda item requests Board approval to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report based Comprehensive Plan Text Amendment CP18- 07 pertaining to the Intergovernmental Coordination Element and Public School Facilities Element.
Background: Pursuant to Section 163.3191, Florida Statutes, the County is required to evaluate its Comprehensive Plan once every seven years to determine if any changes are necessary to keep the plan in conformance with Florida Statutes since the last evaluation of the Comprehensive Plan. The Board adopted the last Evaluation and Appraisal Report (EAR) of the Comprehensive Plan on February 4, 2008 and implemented necessary alterations with EAR based Text Amendments that were adopted on May 17, 2010.
The evaluation and appraisal process has been simplified since the last time the County completed the EAR review. A detailed report on all of the changes that would need to be made to the Comprehensive Plan (the Plan) used to be required, however, effective June 2, 2011, local governments only have to submit a Letter of Determination (the Letter) saying whether their evaluation of the Plan has shown a need for amendments to the Plan or not. Staff reviewed the Plan and determined that modifications were needed to bring the Plan into consistency with current statutory requirements and to reflect current conditions. Therefore, a request to submit a Letter of Determination finding a need to amend the Plan was presented to the Board at their April 17, 2017 public hearing. This Letter was approved for submittal by the Board and subsequently submitted to the Florida Department of Economic Development (DEO) (Attachment 1). Text Amendments needed to bring the Plan into consistency are required to be transmitted to the State by May 1, 2018.
The Intergovernmental Coordination Element (ICE) and Public School Facilities Element (PSFE) of the Comprehensive Plan were reviewed as part of the EAR review and updates were determined to be necessary. Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-07 Pertaining to the Intergovernmental Coordination Element and Public School Facilities Element February 20, 2018 Page 2
Analysis: Staff has prepared a draft Ordinance to amend the ICE and PSFE, which seeks to bring the language into conformance with State law, reflect current conditions of the County and to further implement associated planning documents (Attachment 2).
Proposed modifications to the ICE include the following:
• Minor revisions are being sought for this Element. The main revision pertains to the correction of the Florida Department of Community Affairs’ name which is contained in the language. Since the last set of Evaluation and Appraisal amendments, this Department’s name has been modified to the Department of Economic Opportunity. Therefore, a revision to the name has been proposed in the ICE text. In addition to the name modification, grammatical corrections are proposed to clean up the language and make formatting consistent with other Elements.
Proposed modifications to the PSFE include the following:
• General updates were needed to this Element to bring it into conformance with current requirements. References to previously removed or outdated policies from other Elements were removed as part of these revisions. Additionally, several instances of ambiguous wording were addressed in order to clarify the intent of those policies. Inclusion of the latest adoption date of the Wakulla County School Board Educational Facilities Work Program has also been proposed in the amendments. Another example of the general updates proposed to the text includes grammar corrections.
• Changes to reflect the current requirements of State law were an important incorporation into the revised text. For instance, requirements that ensure all projected projects are documented as being financially feasible were historically included in Florida Statutes. These financial feasibility requirements were removed in a 2011 growth management overhaul bill, HB7207. Therefore, the Element language has been revised to reflect this. Another revision proposed as a result of modifications in state law pertains to the Comprehensive Plan being based on Florida Office of Economic and Demographic Research (OEDR) population projections. Section 163.3177(1)(f)3, Florida Statutes, sets forth this requirement. Current language throughout the Comprehensive Plan references the use of estimates from the University of Florida’s Bureau of Economic and Business Research (BEBR). However, review of OEDR population statistics notes that the source of their information is BEBR. Nonetheless, alterations are proposed in the wording to reflect the current rules.
Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-07 Pertaining to the Intergovernmental Coordination Element and Public School Facilities Element February 20, 2018 Page 3
Should the Board vote to schedule this Application for public hearings, then staff shall advertise it to be considered for transmittal to DEO at the Planning Commission meeting on March 12, 2018 and before the Board at their March 19, 2018 meeting.
If the Board votes to transmit the Application to the State, then staff will send the Text Amendment to DEO and other State agencies for review. DEO will have sixty days from the receipt of a complete application to review the proposal and provide an Objections, Recommendations and Comment (ORC) Report to the County. Once staff receives the ORC Report, any issues raised will be addressed and the Text Amendment can be considered by the Board again for adoption.
Budgetary Impact: If the Board directs staff to advertise the Application for public hearings, then approximately $210 will be spent on advertising the transmittal hearings in The Wakulla News. It is important to note that an additional advertisement to adopt the Text Amendment would also be required later in 2018.
Options: 1. Approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-07 pertaining to the Intergovernmental Coordination Element and Public School Facilities Element. 2. Do not approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-07 pertaining to the Intergovernmental Coordination Element and Public School Facilities Element. 3. Board Direction.
Recommendation: Option #1.
Attachment(s): 1. Letter of Determination 2. Draft Ordinance
ORDINANCE NO. 2018-__
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, RELATING TO THE REVISION OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; AMENDING, REVISING, AND READOPTING IN ITS ENTIRETY THE INTERGOVERNMENTAL COORDINATION ELEMENT AND THE PUBLIC SCHOOL FACILITIES ELEMENT OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR APPLICABLITY AND EFFECT AND THE PRODUCTION OF AN OFFICIAL EDITION OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; REPEALING THE EXISTING INTERGOVERNMENTAL COORDINATION ELEMENT AND THE PUBLIC SCHOOL FACILITIES ELEMENT OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; PROVIDING FOR SEVERABILITY AND FOR FILING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Wakulla County Board of County Commissioners is empowered to adopt Ordinances pursuant to Chapter 125.66, Florida Statutes; and
WHEREAS, Chapter 163, Part II, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Wakulla County Board of County Commissioners to: (a) plan for the County’s future development and growth; (b) adopt and amend comprehensive growth management plans or elements or portions thereof, to guide the future growth and development of the County; (c) implement adopted or amended comprehensive growth management plans by the adoption of appropriate land development regulations; and (d) establish, support, and maintain administrative instruments and procedures to carry out the provisions and purposes of the Act; and
WHREAS, on or about April 17, 2017, Wakulla County submitted a Comprehensive Plan Evaluation and Appraisal (EAR) Letter of Determination to the Florida Department of Economic Opportunity stating a finding of need to amend the Comprehensive Growth Management Plan; and
WHEREAS, the Wakulla County Planning Commission has been established and designated as the Local Planning Agency (LPA) for unincorporated Wakulla County, Florida, pursuant to Subsection 163.3174, Florida Statutes; and
WHEREAS, the LPA and the Board have in the preparation of the Text Amendments to the Comprehensive Growth Management Plan performed or caused to be performed the necessary studies and surveys, the collection of appropriate data, the holding of such public hearings, workshops and meetings as necessary, and have effectively provided for public participation, notice, broad dissemination of proposals and alternatives, opportunity for written comments, open discussion, communication programs, information services, considerations of, and response to, public and official comments; and
1 WHEREAS, the Wakulla County Board of County Commissioners (Board) held its transmittal hearing to consider the recommendation of the Local Planning Agency on ______, and transmitted the proposed EAR based Text Amendments to the Department of Economic Opportunity (“DEO”), in its role as the State land planning agency, and to other State review agencies; and requested review and that State’s objections, recommendations, and comment (ORC) report; and
WHEREAS, the DEO, by letter dated ______, transmitted its ORC on the amended version of the Comprehensive Growth Management Plan to the County; and
WHEREAS, an amended version of the Text Amendments to the Comprehensive Growth Management Plan was prepared in view of the ORC report by the Department of Economic Opportunity; and
WHEREAS, on or about ______, the County scheduled and advertised the adoption hearing for the Text Amendments to the Comprehensive Growth Management Plan in The Wakulla News, a local newspaper of general circulation, for ______; and
WHEREAS, on or about ______the Board held a duly advertised public hearing in accordance with Section 163.3184, Florida Statutes, to consider and receive all oral and written comments relating to the proposed Text Amendments, including the data collection and analysis package, the Wakulla County Planning Commission recommendations; and
WHEREAS, in exercise of its statutory authority, the Wakulla County Board of County Commissioners has determined it necessary and desirable to adopt the amended version of the Comprehensive Growth Management Plan’s Intergovernmental Coordination Element and Public School Facilities Element to further preserve and enhance present advantages; encourage the most appropriate use of land, water, and natural resources consistent with public interest; overcome present handicaps; and deal effectively and efficiently with future growth and problems that may result from the use and development of land within Wakulla County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY FLORIDA, AS FOLLOWS:
Section 1. Purpose and Intent.
This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, Chapter 125, Florida Statutes, and the Wakulla County Home Rule Charter.
Section 2. Amendments to the Comprehensive Growth Management Plan.
(A) The Board of County Commissioners of Wakulla County, Florida, hereby adopts as the Intergovernmental Coordination Element and Public School Facilities Element of the Comprehensive Growth Management Plan for Wakulla County, Florida, the attached goals, objectives, policies, and referenced maps, for the Intergovernmental Coordination Element and Public School Facilities Element, attached hereto as Attachments A and B and incorporated herein by reference.
2 (B) The revised version of the comprehensive plan for Wakulla County, Florida shall be entitled “The Wakulla County Comprehensive Growth Management Plan (Plan)” and shall include the following elements:
(1) Future Land Use Element: No Change
(2) Future Land Use Map: No Change
(3) Concurrency Management System: No Change
(4) Housing Element: No Change
(5) Infrastructure Element: No Change
(6) Transportation Element: No Change
(7) Coastal Management Element: No Change
(8) Conservation Element: No Change
(9) Recreation and Open Space Element: No Change
(10) Intergovernmental Coordination Element: See Attachment A
(11) Capital Improvements Element: No Change
(12) Economic Development Element: No Change
(13) Public School Facilities Element: See Attachment B.
(C) The amendment was fully considered after a public hearing pursuant to legal notice duly published as required by law.
Section 3. Official Edition
(A) Following the adoption of this Ordinance, a final edition of the Comprehensive Growth Management Plan shall be produced containing the text as adopted in its final form and related maps and that this edition shall be made available to the public.
(B) To make the Wakulla County Comprehensive Growth Management Plan available to the general public, a certified copy of this Ordinance, the Comprehensive Growth Management Plan, and any Amendments thereto, shall be located in the Wakulla County Planning and Community Development Department, located at 11 Bream Fountain Road, mailing address 3093 Crawfordville Highway, Crawfordville, Florida, 32327. The Planning and Community Development Department, through its Director, shall make copies available for public inspection, and provide duplication for a reasonable publication and copy charge.
Section 4. Applicability and Effect.
The applicability and effect of the Wakulla County Comprehensive Growth Management Plan shall be as provided by the Community Planning Act, Chapter 163, Part II, Florida Statutes, and
3 this Ordinance. Except to the extent amended herein, the Comprehensive Growth Management Plan is hereby ratified, confirmed, and remains in full force and effect.
Section 5. Severability.
If any provision or portion of this Ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all the remaining provisions and portions of this Ordinance shall remain in full force and effect.
Section 6. Filing.
A Certified Copy of this Ordinance, as well as Certified Copies of the Wakulla County Comprehensive Growth Management Plan, and subsequent Amendments thereto, shall be filed with the Wakulla County Clerk of the Circuit Court.
Section 7. Repeal.
(A) The Intergovernmental Coordination Element and Public School Facilities Element of the Comprehensive Growth Management Plan, adopted by Ordinance No. 10-07 and subsequently amended, is hereby repealed.
(B) The remaining portions of the Comprehensive Growth Management Plan shall remain in full force and effect.
Section 8. Effective Date.
(A) The effective date of this plan amendment shall be pursuant to the State Land Planning Agency's Notice of Intent if DEO finds the plan amendment in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency.
(B) A certified copy of this Ordinance shall be filed in the Department of State within ten (10) days after enactment by the Board and the Ordinance shall take effect as provided by law.
PASSED AND DULY ADOPTED this ____ day of ______, 2018.
4
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
By: ______Chairman
ATTEST: APPROVED AS TO CONTENT AND FORM:
______BRENT X. THURMOND, Ex Officio Heather Encinosa, Esq. Clerk to the Board County Attorney
5 Wakulla County Comprehensive Plan ATTACHMENT A ______October 20092018
GOALS, OBJECTIVES AND POLICIES
INTERGOVERNMENTAL COORDINATION ELEMENT
Goal: To promote Promote and maximize Wakulla County Government and its municipalities’ and neighboring local governments’ efficiency, effectiveness and coordination through the identification and provision of practices for resolving incompatible policy within the County’s comprehensive plan, and with the plans of other governmental entities.
Objective 1.0: To enter Enter into interlocal agreements with the cities in the County, the adjoining counties, the region and the Wakulla County School Board for the purpose of maximizing governmental efficiency.
Policy 1.1: The County shall coordinate planning activities mandated by the various elements of the Comprehensive Plan with other local governments, the Wakulla County School Board, other units of local government. providing services but not having regulatory authority over the use of land, the region and the State. Coordination shall include, but is not limited to mutual review of comprehensive and/or functions plans (including proposed plan revisions and amendments), mutual review of land development proposals, mutual review of infrastructure improvement plans, coordination of established level of service standards for facilities located in the County but not under the funding and management control of the County, and mutual review of environmental management control of the County, and mutual review of environmental management activities for those areas and resources located along or near common borders.
Policy 1.2: The Planning and Community Development Department shall resolve conflicts with other local governments through the Apalachee Regional Planning Council's informal mediation process.
Policy 1.3: The Planning and Community Development Department shall create procedures for resolving annexation issues. Such procedures shall include, but are not limited to, evaluation of financial, infrastructure, land use, and environmental impacts of proposed annexations and development proposed in conjunction with such annexations, and preparation of reports to the Board of County Commissioners, the regional planning council, and the relevant city. Based on such report, the Board of County Commissioners shall determine if it will oppose the proposed annexation through legal challenge or through the regional planning council's mediation process.
Policy 1.4: The Planning and Community Development Department shall review the relationship of proposed development of the area to the existing comprehensive plans of adjacent local governments. Such review shall include, but is not limited to, comparison of proposed land uses, density or intensity of use, infrastructure requirements, and environmental impacts with the relevant provisions of the plan of the adjoining local government, and shall report its findings to the Board of County Commissioners and to the planning agency of the adjoining local government.
Policy 1.5: The County shall, through the Apalachee Regional Planning Council, coordinate with adjacent local governments to conserve, appropriately use and protect unique vegetative communities located in more than one jurisdiction, and to manage bays, estuaries, and harbors that fall under the jurisdiction of more than one local government.
Policy 1.6: School Board planning involvement with the County shall be coordinated through the County Technical Review Committee (TRC) with a School Board representative or designee assigned as a regular member, reviewing all types of development applications and commenting on said TRC recommendations to the Wakulla County Planning Commission or Local Planning Agency, and the Board of County Commissioners, and shall include coordinated school site planning and facility collocation planning and development review as required by the school planning requirements of general law.
ICE-1
Wakulla County Comprehensive Plan ATTACHMENT A ______October 20092018
Policy 1.7: The County shall coordinate with the Strategic Regional Policy Plan as prepared by the Apalachee Regional Planning Council.
Policy 1.8: The County shall coordinate with adjacent local governments to address inconsistent land use practices according to the interlocal agreements between the local governments.
Objective 2.0: Implement, in conjunction with the County’s municipalities, an interlocal Agreement with the School Board providing for close coordination and evaluation of development proposals and shall maintain and enhance joint process and procedures for coordination of public educational facilities for planning and decision-making.
Policy 2.1: On an annual basis, the County and municipalities shall ask the School Board to provide information from their 5-year District Educational Facilities Work Program and provide each year, a general education facilities report containing information detailing existing and projected facilities capacities, enrollments and their locations and projected needs. The report shall also contain the School Board’s capital improvement plan, including planned facilities with funding to address the District’s unmet needs. This report will be utilized in accordance with the Interlocal Agreement in relation to school siting and population projections.
Policy 2.2: The County shall investigate the feasibility of providing after-hours access to playground and library resources available at public schools.
Objective 3.0: To coordinate Coordiante springs and karst protection policies and programs with Leon County, the City of Tallahassee, the Department of Community Affairs Economic Opportunity, the Northwest Florida Water Management District, and the Florida Department of Environmental Protection to ensure a consistent approach to springs, springshed, and aquifer protection by implementing Policies 3.1 and 3.2 below.
Policy 3.1: The County shall propose joint strategies for springs and karst protection to be implemented by all local governments within the designated springshed for Wakulla Springs and Spring Creek Springs. Proposed strategies shall be contained in an interlocal agreement that specifies responsibilities for land development regulation, stormwater management, and other matters that impact the springs and springshed.
Policy 3.2: The County shall propose joint strategies for protection of water resources through water supply planning, specifically addressing identification and use of alternative water sources.
ICE-2
ATTACHMENT B Wakulla County Comprehensive Plan May 20102018
PUBLIC SCHOOL FACILITIES ELEMENT
GOALS, OBJECTIVES AND POLICIES
Goal 1: Coordinate and maintain a high quality education system which that meets the needs of the existing and future populations of Wakulla County and the municipalities of Sopchoppy and St. Marks.
Objective 1: Implement and maintain mechanisms designed to closely coordinate with the Wakulla County School Board in order to provide consistency between the County and municipal comprehensive plans and the school facility plans of the School Board to assure existing and planned schools serve as community focal points, are proximate to the residential areas they serve, are supported with adequate infrastructure, provide safe access to schools including sidewalks, bicycle paths, turn lanes and signalization, and collocate with other public facilities to the extent possible. . Policy 1.1: In cooperation with the Wakulla County School Board, the County and municipalities will implement the Interlocal Agreement for Public School Facility Planning as required by Section 1013.33, F.S.
Policy 1.2: The County and municipalities shall coordinate with the School Board regarding the annual review of school enrollment projections and annual updates to the School Board educational facility plans, including the 5 year Work Program and Educational Plant Surveys.
Policy 1.3: The County and municipalities shall coordinate anticipated student growth based on future land use map projections of housing units with the School Board’s long range facility plans over the 5 year, 10 year and 20 year periods.
Policy 1.4: The School Board planning involvement with the County shall be coordinated through the County Technical Review Committee (TRC) with a School Board representative or designee assigned as a regular member, reviewing all types of development applications and providing TRC recommendations to the Wakulla County Planning Commission or Local Planning Agency, and the Board of County Commissioners, and shall include coordinated school site planning and facility collocation planning and development review as required by the school planning requirements of general law. [See existing Wakulla County ICE Policy 1.1.2]
Policy 1.5: The County and municipalities will continue to coordinate with the School Board to assure that proposed school sites are consistent with the land use categories and policies of the County and municipal comprehensive plans and compatible with surrounding land uses, including encouraging schools as focal points of the community and providing sufficient land in land use designations for schools proximate to residential development to meet projected needs for schools. The School Board will use the school siting and site plan review procedures in Florida Statutes Section 1013 to assure consistency.
PSFE-1
ATTACHMENT B Wakulla County Comprehensive Plan May 20102018
Policy 1.6: The County and municipalities will continue to coordinate with the School Board to permit the shared and joint use and collocation of school sites and county and/or municipal facilities with similar facility needs, such as recreational facilities.
Policy 1.7: Schools to should be located proximate to urban areas, or urbanizing enterprise zone areas to the extent possible, and public facilities, such as, specifically limited to, libraries, community centers, recreational facilities, or and urban parks shall be collocated reasonably proximate (within 1000 feet) or abutting such school facilities to the extent possible. [See existing Wakulla County FLUE Policy 7.5]
Policy 1.8: Existing and planned schools will be supported with adequate infrastructure, including water and sewer, stormwater and transportation facilities. School sites will seek to assure safe access to schools through turn lanes, traffic signalization, sidewalks and school crossing zones.
Policy 1.9: The County and municipalities will coordinate efforts with the School Board to ensure new school facilities are designed to serve as emergency management shelters as required by 1013.372, F.S. The County Emergency Management Agency and School Board will coordinate in the update to the Comprehensive Emergency Management Plan (CEMP) regarding emergency support functions as required by Chapter 252, F.S.
Goal 2: Assure the availability of public school facilities to serve new development consistent with the adopted level of service standards.
Objective 2.1: Manage the timing of comprehensive plan amendments and other land use regulations and decisions to coordinate with adequate school capacity.
Policy 2.1: Wakulla County and the municipalities of Sopchoppy and St. Marks shall take into consideration the School District comments and findings on the availability of adequate school capacity when considering the decision to approve comprehensive plan amendments and other land use decisions regulations.
Policy 2.2: The early dedication of school sites shall be encouraged where district facility plans indicate the availability of school sites is not sufficient to accommodate future school needs.
Objective 2.2: Implement a concurrency management system to ensure that the capacity of schools is sufficient to support subdivisions and site plans for residential development consistent with adopted level of service standards.
Policy 2.2.1: Wakulla County School Board, Wakulla County and the municipalities of Sopchoppy and St. Marks agree to the following level of service standards for public schools in Wakulla County.
Type of School Level of Service Standard Elementary Schools 100% of FISH capacity for permanent
PSFE-2
ATTACHMENT B Wakulla County Comprehensive Plan May 20102018
student stations only Middle Schools 100% of FISH capacity for permanent student stations only High School 100% of FISH capacity for permanent student stations only Charter Schools 100% of fire-code capacity limit
Policy 2.2.2: School concurrency service areas are established as the areas within which an evaluation is made of whether adequate capacity is available based on adopted level of service standards. The school concurrency service areas shall be coterminous with the school attendance zones for elementary, middle and high schools as shown on Maps 3 and 4 incorporated in the data and analysis of the Public School Facilities Element.
Policy 2.2.3: School concurrency service areas shall be established and modified to maximize available school capacity and make efficient use of new and existing public schools in accordance with level of service standards, taking into account minimizing transportation costs and student travel times, the effect of desegregation plans, achieving socio-economic, racial and cultural diversity and recognizing development trends and capacity commitments within the concurrency service area and in contiguous areas.
Policy 2.2.4: Other than modifications to student attendance zones boundaries approved by the School Board, a plan amendment is required for modifications to school concurrency areas. School concurrency areas shall be designed so that adopted level of service standards will be achieved and maintained and so that the 5 year schedule of capital improvements is financially feasible.
Policy 2.2.5: School concurrency applies only to subdivisions or site plans for residential development or their functional equivalent proposed or established after the effective date of this element. The issuance of preliminary subdivisions or site plans for residential development or their functional equivalent shall be subject to the availability of adequate school capacity.
Policy 2.2.6: The following is considered are exempt from school concurrency including: • a) group quarters that do not generate students such as prisons and nursing home exclusive of employee housing; • b) age restricted developments subject to 30 year deed restrictions prohibiting the occupancy of residents under the age of 55 provided any change in use removing such restriction will be subject to school concurrency; • c) amendments to residential developments approved prior to the effective date of this element which do not increase the number of students generated by the development; • d) single family lots of record having received final subdivision approval prior to the effective date of this element; and
PSFE-3
ATTACHMENT B Wakulla County Comprehensive Plan May 20102018
• e) residential site plans having received final site plan approval prior to the effective date of this element.
Policy 2.2.7: The County and municipalities, in cooperation with the School Board, shall coordinate in adopting a concurrency management ordinance establishing procedures for evaluating school capacity and making concurrency determinations.
Policy 2.2.8: The School District shall conduct the concurrency review, including making recommendations and findings of whether adequate school capacity exists for each level of school at the adopted level of service standards to accommodate the demand created by the development, or if adequate capacity does not exist, whether mitigation can be accepted. The County and the municipalities will issue concurrency determinations affecting developments within their jurisdictions based on the findings and recommendations of the School District.
Policy 2.2.9: A favorable concurrency determination will be issued where: • a) adequate school facilities are available or will be in place or under construction within 3 years after issuance of the final subdivision, site plan or functional equivalent; or • b) the developer has executed a legally binding commitment to provide mitigation proportionate to the demand created by the development that is the subject of the final subdivision, site plan or functional equivalent approval.
If adequate school facilities are available within an adjacent school concurrency service area and the impacts can be shifted to that area, no proportionate share mitigation shall be required.
Policy 2.2.10: The applicants’ proportionate share mitigation shall be determined by multiplying the additional student stations needed to resolve the capacity deficiency by the cost per student station for each school type (elementary, middle and high). The cost per student station may include land costs for new or expanded school sites, costs to build evacuation shelters and costs for off-site improvements, if applicable.
Acceptable mitigation options include, but are not limited to: (1) the contribution of, or payment for, acquisition of new or expanded school sites or the construction or expansion of permanent school facilities; or (2) the creation of mitigation banking within designated area for the construction of a public school facility in exchange for the right to sell capacity credits. Capacity credits shall be sold only within the concurrency service area.
Policy 2.2.11: Proportionate share mitigation shall be directed toward a permanent capacity improvement identified in the School Board’s financially feasible Work Program. Relocatable classrooms will not be accepted as mitigation. Mitigation shall be assured through a legally binding agreement between the applicant, the School Board and the County or municipality with jurisdiction over the subdivision or site plan approval, which agreement shall be executed prior to issuance of the final subdivision or site plan
PSFE-4
ATTACHMENT B Wakulla County Comprehensive Plan May 20102018
approval. If the School Board agrees to the mitigation, the School Board must commit to place the improvement required for mitigation on its Work Program.
Policy 2.2.12: The student generation rates used to determine the impact of a development on public schools and the costs per student station shall be established annually by the School Board. The student generation rates shall be updated at a minimum of once every 5 years and will be revised to include rates by housing type. The student generation rates referenced in the supporting data and analysis for the element are based on the Bureau of Economic and Business Research (BEBR) Florida Office of Economic and Demographic Research (OEDR) medium population projections for Wakulla County. Should Wakulla County amend its comprehensive plan based on the BEBR OEDR high population projections, the School Board shall update the student generation rates in accordance with these forecasts to ensure internal consistency of the plan elements.
Objective 2.3: Ensure future needs are addressed consistent with the adopted level of service standards for public schools, based on the identification of facility needs and level of service standards contained in the Public School Facilities Element,. tThe Wakulla County School Board shall develop and annually review and author a program of capital improvements for educational facilities that will be incorporated by reference by the County and municipalities on an annual basis into the 5-year schedule of capital improvements.
Policy 2.3.1: The County and the municipalities hereby incorporate by reference the Wakulla County School Board Educational Facilities Work Program dated October 12, 2016 November 13, 2017, authored by the Wakulla County School Board, that includes school capacity sufficient to meet anticipated student demand projected by the County and municipalities, in consultation with the School Board’s projections of student enrollment, based on the adopted level of service standards for public schools.
Policy 2.3.2: The County and municipalities shall annually update, by December 1st of each year, the Capital Improvements Element by adopting by reference the School Board authored financially feasible Work Program to ensure a financially feasible capital improvements schedule and to ensure level of service standards will continue to be achieved and maintained during the five-year planning period.
Policy 2.3.3: The 5-year schedule of capital improvements for public school facilities ensures the level of service standards are achieved and maintained within the period covered by the 5-year schedule. After the initial 5-year schedule of capital improvements for public school facilities, annual updates to the schedule shall ensure levels of service standards are achieved and maintained each year of the subsequent 5-year schedule of capital improvements.
FUTURE CONDITIONS MAPS
PSFE-5
ATTACHMENT B Wakulla County Comprehensive Plan May 20102018
The Public School Facilities Element contains future conditions maps PSFE Map 6 and PSFE Map 7 showing existing and anticipated schools over the 5-year and long range planning periods. The maps are general and do not prescribe a land use on a particular parcel.
Revised February 2017
PSFE-6
ATTACHMENT B Wakulla County Comprehensive Plan May 20102018
PSFE-7
ATTACHMENT B Wakulla County Comprehensive Plan May 20102018
PSFE-8
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 13, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Cleve Fleming, Public Works Director
Subject: Request Board Approval of the Emergency Procurement Report and Approve Payments to Cinch Underground, Inc. in the Amount of $26,080.00 and Core & Main LP in the Amount of $19,006.06 for the Sewer Force Main Repair at Lift Station #76
Statement of Issue: This agenda item requests Board approval of the emergency procurement report (Attachment #1) and approve payments to Cinch Underground, Inc. in the amount of $26,080.00 and Core & Main LP in the amount of $19,006.06 for the sewer force main repair at Lift Station #76.
Background: On January 10, 2018, the sewer force main pipe that derives from Lift Station Number 76 located at 4550 Coastal Highway, was damaged when CW Roberts subcontractor RBM Contracting Services was driving pilings into the ground to construct a boardwalk along the multi-use trail on Hwy 98. The piling caused substantial damage to the sewer force main, spilling several thousand gallons of sewage into the wetland area. Public Works staff determined the incident required immediate repairs to the broken sewer main.
Due to the location of the incident it was determined the best course of action for repair was to hire a directional drilling company, Cinch Underground, Inc. to perform the labor to bore a new 8” line through the wetland & connect it to the existing undamaged force main in the amount of $26,080.00 (Attachment #2) and the materials were purchased through Core & Main LP in the amount of $19,006.06 (Attachment #3).
Analysis: Pursuant to Amended and Restated Procurement Ordinance 2015-2, an emergency is defined as “any occurrence or threat thereof whether natural, manmade, or technological which results or may result in substantial injury or harm to the public health, safety, or welfare, or substantial damage to or loss of property”. In the case of emergencies that require immediate purchase of commodities, equipment or services, the County Administrator, or his designee, shall be empowered to secure such commodities, equipment or services without competitive bidding. In this event, all measures as are reasonably possible under the circumstances shall be taken to assure the maximum cost benefit to the County. Request Board Approval of the Emergency Procurement Report and Approve Payments to Cinch Underground, Inc. in the Amount of $26,080.00 and Core & Main LP in the Amount of $19,006.06 for the Sewer Force Main Repair at Lift Station #76 February 20, 2018 Page 2
Following all purchases under emergency procurement, a report shall be prepared by the Department Director who initiated the procurement, stating justification for exception from normal purchasing procedures. This report must be submitted to the Board in concurrence with any ratification for payment items.
Budgetary Impact: Costs associated with this item total $45,086.06 and will be charged to the Maintenance & Repair line item in the Sewer Operating Fund.
It should also be noted that Public Works staff is discussing potential reimbursement from FDOT for the cost of the repair.
Options: 1. Approve the Emergency Procurement Report and Approve Payments to Cinch Underground, Inc. in the Amount of $26,080.00 and Core & Main LP in the Amount of $19,006.06 for the sewer force main repair at Lift Station #76. 2. Do Not Approve the Emergency Procurement Report and Do Not Approve Payments to Cinch Underground, Inc. in the Amount of $26,080.00 and Core & Main LP in the Amount of $19,006.06 for the sewer force main repair at Lift Station #76. 3. Board Direction.
Recommendation: Option #1
Attachment(s): 1. January 10, 2018 Emergency Procurement Report 2. Disbursement Request for Cinch Underground, Inc. 3. Disbursement Request for Core & Main
Attachment 1
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 9, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Nannette Watts, Revenue Collections Director
Subject: Request Board Ratification of Payment to Talquin Electric Coopertive, Inc. in the Amount of $29,530.87 for Installation of Electrical and Water Service for the Lift Station Located at 132 Catawba Trail as Part of the Sewer Expansion in Wakulla Gardens
Statement of Issue: This agenda item requests Board ratification of payment to Talquin Electrical Cooperative, Inc. (TEC) in the amount of $29,530.87 for installation of electrical and water service for the lift station located at 132 Catawba Trail as part of the Sewer Expansion in Wakulla Gardens.
Background: On April 17, 2017, the Board approved a Construction Agreement with North Florida Construction, Inc. (NFC) to install sewer infrastructure in certain areas of Wakulla Gardens and Magnolia Gardens (“The Project”). On May 1, 2017, NFC began work on Phase 1 of the Project and are currently under construction for Phase 2. As part of the Project, there will be several new gravity lift stations constructed that will need to be connected to water and electrical utility service.
Analysis: Talquin Electrical Cooperative, Inc. (TEC) is the provider for water and electrical service in Wakulla Gardens. TEC engineers provided costs associated with installing a ¾” water meter to this lift station at $1,248.76. Public Works will provide a backflow device. TEC engineers also provided costs associated with installing a three-phase electrical service to this lift station at $28,282.11. The combined costs are $29,530.87 and work will be completed once the payment is received by TEC.
Budgetary Impact: Costs associated with this item will be charged to the Capital Outlay – Infrastructure line item of the Wakulla Gardens and Magnolia Gardens Sewer Retrofit Fund, a sub-fund of the Sewer Operating Fund. This expense is not eligible for reimbursement from Northwest Florida Water Management District and will be funded through an interfund transfer from the Sewer Operating Fund.
Request Board Ratification of Payment to Talquin Electric Coopertive, Inc. in the Amount of $29,530.87 for Installation of Electrical and Water Service for the Lift Station Located at 132 Catawba Trail as Part of the Sewer Expansion in Wakulla Gardens February 20, 2018 Page 2
Options: 1. Approve Ratification of Payment to Talquin Electric Coopertive, Inc. in the Amount of $29,530.87 for Installation of Electrical and Water Service for the Lift Station Located at 132 Catawba Trail as Part of the Sewer Expansion in Wakulla Gardens. 2. Do not approve Ratification of Payment to Talquin Electric Coopertive, Inc. in the Amount of $29,530.87 for Installation of Electrical and Water Service for the Lift Station Located at 132 Catawba Trail as Part of the Sewer Expansion in Wakulla Gardens. 3. Board direction.
Recommendation: Option #1
Attachment: 1. Disbursement Request for TEC
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 6, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Brandy King, Fiscal Operations Director Gina Rudd, Procurement & Contract Management Coordinator Subject: Request Board Approval to Conduct a Public Hearing and Approve the Purchase and Sale Agreement for the Acquisition of Property on Dr. Martin Luther King Rd. for Right of Way Expansion
Statement of Issue: This agenda item requests Board approval to conduct a public hearing and approve the Purchase and Sale Agreement for the acquisition of property on Dr. Martin Luther King Rd. for right of way expansion.
Background: The proposed property located on Dr. Martin Luther King Rd. in Wakulla Gardens is being considered for a site for right of way expansion.
The County Administrator and property owner, TC 10L, LLC have negotiated a proposed Purchase and Sale Agreement (Attachment #1) for .179 acres located on Dr. Martin Luther King Rd., shown in the Parcel Summary (Attachment #2) as Parcel ID 00-00-034-009-08133-000.
The County Administrator and the property owner have entered into an Agreement to lock in the proposed purchase price and terms. The County is not bound to this Agreement until it has been approved by the Board.
Pursuant to Section 125.355, Florida Statutes, this Agreement required a thirty (30) day advertisement prior to scheduling the public hearing. This public hearing was advertised in the Wakulla News on January 18, 2018.
Analysis: The proposed Agreement outlines the terms and conditions for the County’s acquisition of the property located on Dr. Martin Luther King Rd as identified in Attachment #1.
The pertinent terms in this Agreement are as follows:
1) Seller agrees to sell and convey to Purchaser, and Purchaser agrees to buy from Seller Parcel Number 00-00-034-009-08133-000 shown on Attachment #2 in the amount of $1,000. Request Board Approval to Conduct a Public Hearing and Approve the Purchase and Sale Agreement for the Acquisition of Property on Dr. Martin Luther King Rd. for Right of Way Expansion February 20, 2018 Page 2
2) Within 30 days of the Effective Date of this Agreement, the Purchaser, at its sole cost and expense may conduct a feasibility and suitability analysis. If the Purchaser determines the Property is not suitable for its use, the Purchaser may terminate this Agreement with no further obligations. 3) Purchaser shall have the Property surveyed to the Florida Minimum Technical Standards for Land Surveys. If the survey shows any material deviations in the represented acreage, size, or configuration of the property or location of easements, the purchaser may elect to terminate the Agreement. 4) The consummation of the transaction contemplated by this Agreement (the “Closing”) shall take place at the County Administrator’s office on a date after Board approval that is mutually agreeable to the parties (the “Closing Date”), but no later than 5:00 p.m. on March 31, 2018.
Budgetary Impact: The total proposed purchase amount of this Agreement is $1,000, which will be allocated from the One Cent Sales Tax – Road Fund.
Options: 1. Conduct the public hearing and approve the Purchase and Sale Agreement for the acquisition of property on Dr. Martin Luther King Rd. for right of way expansion. 2. Conduct the public hearing and do not approve the Purchase and Sale Agreement for the acquisition of property on Dr. Martin Luther King Rd. for right of way expansion. 3. Board Direction.
Recommendation: Option #1
Attachment(s): 1. Purchase and Sale Agreement 2. Parcel Summary
Legal Description
Parcel No. 00-00-034-009-08133-000 LOT 11, BLOCK 1, WAKULLA GARDENS UNIT II, A SUBDIVISION AS PER MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 1 PAGE 42 OF PUBLIC RECORDS IN WAKULLA COUNTY, FLORIDA
Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 7, 2018
To: Honorable Chairman and Members of the Board
From: J. David Edwards, County Administrator Sheree T. Keeler, Intergovernmental Affairs & RESTORE Act Director
Subject: Request Board Approval to Conduct a Public Hearing and Adopt an Ordinance Repealing Division 7, Chapter 2, Section 2.235 through and including Section 2.239 of the Wakulla County Code of Ordinances Relating to the Wakulla County RESTORE Act Advisory Committee
Statement of Issue: This agenda item requests Board approval to conduct a public hearing and adopt an Ordinance repealing Division 7, Chapter 2, Section 2.235 through and including Section 2.239 of the Wakulla County Code of Ordinances (Code) relating to the Wakulla County RESTORE Act Advisory Committee (RAC).
Background: The Board approved Ordinances #12-30 and #13-06, which became Division 7, Chapter 2, Section 2.235 through and including Section 2.239 of the Code (Attachment #1) creating the RAC and its role and responsibilities. During 2012 and 2013, the RAC held numerous public meetings to educate the County on the RESTORE Act and solicit public input on potential projects.
On January 22, 2018, the Board approved to schedule and advertise this public hearing. This Public Hearing was advertised in the Wakulla News on February 1, 2018.
Analysis: Staff requests Board approval to conduct the public hearing and adopt the proposed Ordinance (Attachment #2) repealing Division 7, Chapter 2, section 2.235 through and including section 2.239 of the Code. The RAC has fulfilled its role and is no longer active.
Budgetary Impact: Upon approval of the proposed Ordinance the County will incur the cost to file the Ordinance with MuniCode for $19.50 per page for a total of $39.00.
Request Board Approval to Conduct a Public Hearing and Adopt an Ordinance Repealing Division 7, Chapter 2, Section 2.235 through and including Section 2.239 of the Wakulla County Code of Ordinances Relating to the Wakulla County RESTORE Act Advisory Committee February 20, 2018 Page 2
Options: 1. Approve to conduct the public hearing and adopt an Ordinance repealing Division 7, Chapter 2, Section 2.235 through and including Section 2.239 of the Code. 2. Approve to conduct the public hearing and do not adopt an Ordinance repealing Division 7, Chapter 2, Section 2.235 through and including Section 2.239 of the Code. 3. Board direction.
Recommendation: Option #1.
Attachment(s): 1. Division 7, Chapter 2, section 2.235 through and including section 2.239 2. Proposed Ordinance
DIVISION 7. - WAKULLA COUNTY RESTORE ACT ADVISORY COMMITTEE [9]
Sec. 2.235. - Creation.
The Wakulla County Board of County Commissioners hereby creates a 13-member committee to be called the "Wakulla County RESTORE Act Advisory Committee" or "RESTORE Committee," having the responsibilities and authority to perform the tasks set forth in this division.
(Ord. No. 12-30, § 2, 11-5-2012)
Sec. 2.236. - Duties and responsibilities.
The Wakulla County RESTORE Act Advisory Committee shall perform the following functions: (1) Establish an application and application procedure for potential projects or activities to be funded by RESTORE Act funds and solicit and accept all applications; (2) Hold no less than five advertised public meetings to encourage and solicit broad-based citizen input on the potential projects and activities from individuals, businesses, and nonprofit organizations; (3) Review and rank each proposed project and activity based upon the guidelines provided in the RESTORE Act, federal rules, community needs, desires, and other relevant factors, including the best available science for natural resource protection or restoration projects or activities; (4) Provide monthly status reports to the board of county commissioners; (5) Prepare and present a ranked project and activity list to the board of county commissioners no later than 90 days after the U.S. Treasury has issued its final rules and guidelines; (6) Track those projects and activities approved for funding, those referred to or funded from other potential funding sources, and those denied for funding; (7) Provide input and assistance to the county in developing and submitting a multiyear implementation plan for the use of RESTORE Act projects and activities within the county, which shall include milestones, projected completion of each project activity, and a mechanism to evaluate the success of each activity in helping to restore and protect the county; and (8) Such other duties as determined by the board.
(Ord. No. 12-30, § 3, 11-5-2012; Ord. No. 13-06, § 2, 1-22-2013)
Sec. 2.237. - Membership and meetings.
(a) The members of the RESTORE committee shall be appointed by resolution as a whole and shall include 13 people who are residents of the county; however, the TCC-Wakulla member may be a non-resident of Wakulla County but must be an employee of TCC-Wakulla. Any non-Wakulla County resident on the RESTORE committee shall not be eligible to be the committee chair. The members shall receive no compensation for the performance of their duties as members of the RESTORE committee, but each such member may be paid necessary expenses, as authorized in F.S. § 112.061, incurred while engaged in the performance of such duties to the extent funds are available and such expenses are approved in advance by the board. (b) In order to ensure that the RESTORE committee is comprised of members with diversified backgrounds, as well as the expertise necessary to perform the responsibilities set forth in this division, the board hereby establishes the following criteria for the composition of the committee: (1) One member from the Wakulla County Board of County Commissioners, to be selected by the board. (2) One member from the City of Sopchoppy, to be selected by the Sopchoppy City Commission. (3) One member from the City of St. Marks, to be selected by the St. Marks City Commission. (4) One member from the Panacea Water Fronts, to be selected by the Panacea Water Fronts Board of Directors. (5) One member from the Wakulla Chamber of Commerce, to be selected by the Chamber's Board of Directors. (6) One member from the Economic Development Council (EDC), to be selected from the EDC. (7) One [board] member from Tourist Development Council (TDC), to be selected by the TDC. (8) One member from the Wakulla County School Board or Administration, to be selected by the school board. (9) One member from the Wakulla TCC Campus, to be selected by the TCC Board of Directors. (10) One member from the Shell Point, Oyster Bay, Spring Creek communities, to be selected by the board through an application process. (11) One member from the fishing industry, to be selected by the board through an application process. (12) One member from the natural resources area, to be selected by the board through an application process. (13) One member as a Wakulla County citizen at large who must possess financial, accounting, or budgeting experience, to be selected by the board through an application process. (c) Each member shall be allowed to appoint an alternate designee in the event the member must be absent from any meeting. Designees shall be subject to the same membership criteria as the member. (d) No member or their designee shall receive any personal gain from serving on the RESTORE committee. As members of an advisory body, all RESTORE committee members shall be governed by the standards of conduct provided in F.S. §§ 112.313 and 112.3143. (e) Member vacancies shall be filled in the same manner as the original appointment. (f) Any member of the RESTORE committee may be removed by the board for misfeasance, malfeasance, failure to attend three or more consecutive meetings for any reason whatsoever, or willful neglect of duty. (g) Each member of the RESTORE committee, before entering upon his duties, shall take and subscribe the oath or affirmation required by the State Constitution. A record of each such oath shall be filed with the clerk of the court. (h) Each member of the RESTORE committee shall be deemed to be a local officer as provided in F.S. § 112.3145(1)(a), and shall file a statement of financial interests in compliance with that section. (i) At the organizational meeting and annually thereafter, the members of the RESTORE committee shall appoint one member to serve as chair for a one-year term. At the organizational meeting and annually thereafter, the members of the committee shall appoint one member to serve as a liaison between the RESTORE committee and the county administrator. The county administrator shall appoint a staff person to serve as the RESTORE committee secretary. (j) The RESTORE committee shall meet at least weekly for the first two weeks for the purposes of orientation, establishing bylaws, electing a chair and liaison, developing an application, procedures and other administrative business necessary to prepare for accepting projects and making recommendations to the board. Thereafter the committee may meet less frequently for the purpose of conducting the business of the RESTORE committee.
(Ord. No. 12-30, § 4, 11-5-2012; Ord. No. 13-06, § 3, 1-22-2013)
Sec. 2.238. - Voting requirements.
(a) A majority of the members of the RESTORE committee shall constitute a quorum for purposes of conducting RESTORE committee business at a meeting, and the affirmative vote of a majority of the members present at any given RESTORE committee meeting shall be necessary for any action taken by the RESTORE committee. No vacancy in the membership of the RESTORE committee shall impair the right of a quorum to exercise all the rights and perform all the duties of the RESTORE committee. (b) Any action taken by the RESTORE committee under the provisions of this division may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted, unless otherwise required by law.
(Ord. No. 12-30, § 5, 11-5-2012)
Sec. 2.239. - Compliance with applicable laws.
The RESTORE committee, its members, and all of its proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law, F.S. ch. 286, the Florida Public Records Law, F.S. ch. 119, and the Florida Code of Ethics, F.S. ch. 112, and all other applicable local or state statutes, ordinances, or rules.
(Ord. No. 12-30, § 6, 11-5-2012)
Sec. 2.240. - Reserved. ORDINANCE NO. 2018-______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, REPEALING DIVISION 7, CHAPTER 2, SECTION 2.235 THROUGH AND INCLUDING 2.239 OF THE WAKULLA COUNTY CODE OF ORDINANCES CONCERNING THE WAKULLA COUNTY RESTORE ACT ADVISORY COMMITTEE; DISBANDING THE COMMITTEEE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
RECITALS:
WHEREAS, the Board of County Commissioners of Wakulla County (“Board”) adopted Division 7, Chapter 2 of the Wakulla County Code of Ordinances (“Code”) to create the Wakulla County RESTORE Act Advisory Committee to provide input and accept public comment on proposed County projects for RESTORE Act funding; and
WHEREAS, the Wakulla County RESTORE Act Advisory Committee duly met in a series of public hearings around the County and have provided input to the County on proposed project funding; and
WHEREAS, the County has additionally vetted its proposed projects and accepted additional public comment on these projects; and
WHEREAS, the Wakulla County RESTORE Act Advisory Committee is no longer an active committee within the County; and
WHEREAS, the Board now desires to repeal Division 7, Chapter 2, section 2.235 through and including section 2.239 of the Code and disband the Wakulla County RESTORE Act Advisory Committee.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Wakulla County, Florida, that:
ARTICLE 1. INCORPORATION OF RECITALS. The above recitals are true and correct and are hereby incorporated by reference.
ARTICLE 2. REPEAL OF WAKULLA COUNTY RESOTRE ACT ADVISORY COMMITTEE.
(A) Division 7, Chapter Section 2.235 through and including Section 2.239 of the Code are hereby repealed in their entirety.
(B) Wakulla County Resolution No. 12-60, as amended, which appointed member to the Wakulla County RESTORE Act Advisory Committee is hereby repealed.
1
ARTICLE 3. SEVERABILITY. Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid.
ARTICLE 4. EFFECTIVE DATE. A certified copy of this Ordinance shall be effective 10 days after its enactment by the Board and filing with the Department of State.
PASSED AND DULY ENACTED by the Board of County Commissioners of Wakulla County, Florida in regular session, this ______day of ______, 2018.
WAKULLA COUNTY BOARD OF COUNTY COMMISSIONERS
______Ralph Thomas, Chairman
ATTEST:
Brent X. Thurmond, Clerk of Court
APPROVED AS TO FORM AND CONTENT:
______Heather J. Encinosa, County Attorney
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Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 13, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director
Subject: Request Board Approval to Conduct a Public Hearing and Adopt an Ordinance Amending Section 5-7(2)(D) of the Land Development Code, Amend Administrative Regulation 8.01, and Adopt a Resolution Pertaining to Existing Family Enclave Agreements
Statement of Issue: This agenda item requests Board approval to conduct a public hearing and adopt an Ordinance amending Section 5-7(2)(D) of the Land Development Code, amend Administrative Regulation 8.01, and adopt a Resolution pertaining to Existing Family Enclave Agreements.
Background: On November 20, 2017, the Board directed staff to prepare an Ordinance amending the existing Family Enclave Agreement regulations to allow for the extension of existing Family Enclave Agreements to be approved administratively by the Planning Director. Additionally, at the same meeting the Board approved Resolution #2017-55 which reduced the application fee for the annual renewal of such agreements from $410.00 to $195.00
On January 22, 2018 the Board granted approval to schedule and advertise the proposed Ordinance for public hearings.
On February 12, 2018, the Planning Commission considered the proposed Ordinance and voted unanimously to recommend approval.
Analysis: The proposed Ordinance provides that the Planning Director may approve an annual extension to existing Family Enclave Agreements, provided that the applicant demonstrates continued compliance with all applicable regulations, including the continuance of the medical hardship (Attachment 1).
Additionally, amendments to the existing Administrative Regulation pertaining to Family Enclave Agreements will also be required (Attachment 2). Further, a Resolution repealing the previously established fee will also be necessary (Attachment 3). Request Board Approval to Conduct a Public Hearing and Adopt an Ordinance Amending Section 5- 7(2)(D) of the Land Development Code, Amend Administrative Regulation 8.01, and Adopt a Resolution Pertaining to Existing Family Enclave Agreements February 20, 2018 Page 2
In conclusion, the effect of approval of the three items noted above will: 1) Allow annual renewal of existing Family Enclave Agreements to be approved administratively by the Planning Director. 2) The annual application renewal fee will be reduced from $195 to $50.
The advertisement for this public hearing appeared in the February 1, 2018 edition of the Wakulla News (Attachment 4).
Budgetary Impact: Upon approval of the proposed Ordinance the County will incur the cost to file the Ordinance with MuniCode for $19.50 per page for a total of $39.00.
Options: 1. Conduct a public hearing and adopt an Ordinance amending Section 5-7(2)(D) of the Land Development Code, amend Administrative Regulation 8.01, and adopt a Resolution pertaining to Existing Family Enclave Agreements. 2. Conduct a public hearing and do not adopt an Ordinance amending Section 5-7(2)(D) of the Land Development Code, do not amend Administrative Regulation 8.01, and do not adopt a Resolution pertaining to Existing Family Enclave Agreements. 3. Board Direction.
Recommendation: Option #1.
Attachment(s): 1. Proposed Ordinance 2. Proposed Amendments to the Administrative Regulation 3. Proposed Resolution Repealing Previously Approved Fee 4. Advertisement ORDINANCE NO. 2018-____ AN ORDINANCE OF WAKULLA COUNTY, FLORIDA, AMENDING AND REVISING WAKULLA COUNTY LAND DEVELOPMENT CODE SECTION 5-7(2)(D), TEMPORARY USE PERMITS, PERTAINING TO FAMILY ENCLAVE AGREEMENT RENEWALS; AMENDING SECTION 5- 7(2)(D) TO ALLOW FOR THE PLANNING DIRECTOR TO ARROVE OF ANNUAL RENEWALS OF TEMPORARY USE PERMITS FOR RECREATIONAL VEHICLES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Wakulla County (“Board”) previously adopted Section 5-7 of the Wakulla County Land Development Code (“Code”) providing for issuance of temporary use permits; and WHEREAS, pursuant to Section 5-7(1)(a) of the Code, the Planning Commission may issue a temporary use permit within certain residential zoning districts to allow for placement of a recreational vehicle on a parcel in addition to the primary dwelling unit to allow a family member of the person living in the primary dwelling to provide assistance during time of medical hardship, generally referred to as a “Family Enclave”; and WHEREAS, Section 5-7(2)(d) of the Code allows for extensions of the approved temporary use in one year increments upon demonstration of continued medical hardship and approval by the Planning Commission; and WHEREAS, the Board now finds that it is in the best interest of the citizens of Wakulla County to authorize the Wakulla County Planning and Community Development Director to review and consider for approval extensions to the Family Enclave request NOW THERFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. INCORPORATION OF RECITALS. The above recitals are hereby adopted and incorporated herein by reference. SECTION 2. AMENDMENT OF SECTION 5-7(2)(D), WAKULLA COUNTY LAND DEVELOPMENT CODE. The Board hereby amends and revises Section 5-7(2)(d) of the Wakulla County Land Development Code, as follows: (words that are underlined are additions and words that are stricken shall be deleted) (d) The temporary use permit for the recreational vehicle may be granted for a period of up to one year. Such temporary use may be extended upon approval of the Planning Commission and Community Development Director for additional periods of up to one year each upon submission of proof of the continued medical hardship. SECTION 3. CODIFICATION IN THE CODE OF ORDINANCES. It is the intention of the Board, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Wakulla County Code of Ordinances. SECTION 4. SEVERABILITY. Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION5. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed within the Department of State within ten (10) days after enactment by the Board and shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Wakulla County, Florida, this ______day of ______, 2018.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
By: ______RALPH THOMAS, Chair
ATTEST:
______BRENT X. THURMOND, Ex Officio Clerk to the Board APPROVED AS TO FORM AND CONTENT:
______HEATHER J. ENCINOSA, ESQ. County Attorney
ADMINISTRATIVE REGULATION DATE APPROVED:
AR: 8.01 August 4, 2014 Revised: February 20, 2018
SUBJECT: DEPARTMENT:
Family Enclave Agreement Planning & Community Development
PURPOSE: Wakulla County has adopted a Comprehensive Plan that governs the development and use of property in the County. The Comprehensive Plan and the Land Development Code set forth the density allowed in a particular area. The Land Development Code sets forth the procedure for subdivision of property.
People sometimes suffer severe unanticipated temporary medical hardship that causes them to seek the assistance of their families. The Board of County Commissioners wishes to set forth a policy by which a recreational vehicle may be placed on a relative's property for a period of up to one year during times of medical hardship.
This policy is intended to help those in need of temporary assistance of a medical nature from a family member.
The following policy and procedure is hereby adopted by the Board of County Commissioners of Wakulla County, Florida.
PROCEDURE: 1. A person who wishes to enter into a family enclave agreement with the County must submit an affidavit to the Planning and Community Development Department setting forth the family relationship between the property owner and the person who will reside in the recreational vehicle and the nature of the medical hardship. Additionally, the occupant of the principal residential dwelling or the occupant of the recreational vehicle must provide proof that he or she has a medical hardship as documented by a written certification from a physician licensed in the State of Florida identifying the medical care and the anticipated length of time such care will be required.
2. Medical hardship shall mean temporary suffering of a medical nature for the occupant of the principal residential dwelling or recreational vehicle, as documented by written certification from a physician licensed in the State of Florida identifying the medical hardship which he or she has.
3. All initial applicants for family enclave agreements must be considered at a public hearing and approved by the Planning Commission before taking effect. No family enclave agreement shall be extended beyond a period of one year unless extended upon approval of the Planning Director Commission for additional periods of up to one year each upon submission of proof of the continued medical hardship.
4. Medical Hardships which are anticipated to extend beyond the one year period should be addressed through a subdivision of property, if allowable and the Planning and Community Development Department will assist the applicant with the subdivision process.
5. All family enclave agreements shall be advertised for public hearing with other land use items for Planning Commission meetings, after the submittal of a satisfactory affidavit, Temporary Use Application fee, and the completion of a draft agreement.
6. All family enclave agreements must be considered at a public hearing and approved by the Planning Commission before taking effect.
2
WAKULLA COUNTY RESOLUTION NO. 2018-_____
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, AMENDING THE FEE FOR THE ANNUAL RENEWAL OF AN EXISTING FAMILY ENCLAVE AGREEMENT ESTABLISHED IN RESOLUTION NO. 08-28; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Wakulla County (“Board”) previously adopted Section 5-7 of the Wakulla County Land Development Code (“Code”) providing for issuance of temporary use permits; and
WHEREAS, pursuant to Section 5-7(2) of the Code, the Board may issue a temporary use permit within certain residential zoning districts to allow for placement of a recreational vehicle on a parcel in addition to the primary dwelling unit so as to allow a family member of the person living in the primary dwelling to provide assistance, or be provided assistance, during times of an unanticipated medical hardship, such situation to be generally referred to as a “Family Enclave”; and
WHEREAS, the Board previously adopted Resolution No. 08-28, which established a fee schedule for a variety of planning and community development fees, including applications for temporary use permits; and
WHEREAS, a separate fee for the renewal of an existing Family Enclave agreement has
been established by the Board pursuant to Wakulla County Resolution No. 2017-55, and is
currently set at $195; and
WHEREAS, the Board wishes to amend the fee schedule adopted pursuant to Resolution
No. 08-28 to remove the $195 fee currently set for the renewal of an existing Family Enclave
agreement and instead provide that the fee for the renewal of an existing Family Enclave agreement
shall be the same amount as for a temporary use application; and WHEREAS, the fee established herein is reasonably related to the staff time and associated costs involved in reviewing applications and supporting documentation, verifying and confirming the qualifications for the Family Enclave Annual Renewal as set forth by Section 5-7 of the Code; and
WHEREAS, the Wakulla County Board of County Commissioners finds that it is in the best interest of the public to adopt the following fee schedule by Resolution.
NOW THEREFORE, be it resolved by the Board of County Commissioners of Wakulla
County, Florida, that:
SECTION 1. RECITALS. The above recitals are true and correct and are hereby incorporated herein by reference.
SECTION 2. AMENDMENT OF RESOLUTION NO. 08-28. The fee schedule attached as Exhibit “A” to Resolution No. 08-28, as amended, is hereby amended as follows, to
remove the line item entitled “Family Enclave Annual Renewal”:
(words that are underlined are additions and words that are stricken shall be deleted)
Item Fee Family Enclave Annual Renewal $195.00
SECTION 3. APPLICATION FEE FOR FAMILY ENCLAVE ANNUAL
RENEWALS. The fee for the annual renewal of an existing Family Enclave Agreement
shall be consistent with the ordinary fee charged for a temporary use application, set pursuant to
Resolution No. 08-28, as may be amended from time to time.
SECTION 4. EFFECTIVE DATE. This Resolution shall become effective
immediately upon its adoption. 2
DONE AND ADOPTED in Wakulla County, Florida, by a vote of ___ to___ this ____ day of ______, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
______BRENT X. THURMOND, Ex Officio RALPH THOMAS, Chairman Clerk to the Board
APPROVED AS TO FORM:
______Heather Encinosa, Esq. County Attorney
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Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 13, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director
Subject: Request Board Approval to Conduct the First of Two Public Hearings to Consider Adopting an Ordinance Creating Residential Zoning Districts for Crawfordville Town Plan Area
Statement of Issue: This agenda item requests Board approval to conduct the first of two public hearings to consider adopting an ordinance creating residential zoning districts for the Crawfordville Town Plan area.
Background: The concept of Crawfordville as a growing town core began many years ago. In May of 2005, a telephone survey was conducted by Tallahassee Community College to ascertain citizens’ thoughts on the County’s growth. That survey indicated that residents desired future growth to be centered in the areas of Crawfordville and St. Marks.
Momentum began to build on the concept of additional growth in Crawfordville. A series of public visioning workshops was held in 2006. Subsequently, County staff and Kimley-Horn and Associates completed the Comprehensive Plan Evaluation and Appraisal (EAR) Report in 2007, which incorporated input from public hearings during that process. One of the recommendations coming out of the EAR was the establishment of an urban downtown destination in Crawfordville that would include town center amenities such as restaurants and entertainment options.
After the EAR process was complete, staff and Kimley-Horn and Associates began work on Comprehensive Plan EAR based Text Amendments to incorporate the new concepts needed to support the downtown Crawfordville overlay area. These Text Amendments were adopted by the County in May of 2010. In conjunction with this work, the Board approved a contract with Kimley- Horn and Associates to develop the official Crawfordville Town Plan on April 5, 2010.
In July and August of 2010, several input meetings were held with local stakeholders including businesses, property owners and interested citizens regarding the proposed Crawfordville Town Plan.
Request Board Approval to Conduct the First of Two Public Hearings to Consider Adopting an Ordinance Creating Residential Zoning Districts for Crawfordville Town Plan Area February 20, 2018 Page 2
On March 10, 2011, the Board held a workshop to receive an update and hear input from interested citizens on the proposed Crawfordville Town Plan (the Plan). The final Plan was accepted by the Board on June 6, 2011. The resulting document to guide growth for the Crawfordville area included a conceptual land use plan (Attachment 1).
August of 2012 saw the adoption by the Board of the Plan’s boundaries along with development strategies for the Crawfordville Town Plan area incorporated into the Land Development Code. Implementation of the Plan continued in February of 2014 with the adoption of the Crawfordville Town Center 1 and 2 Future Land Use designations as new land use categories that will allow for high density, mixed use and pedestrian friendly development for the area.
Further implementation of the Crawfordville Town Plan occurred in December of 2016 with the Board’s adoption of an amendment to the Comprehensive Plan Future Land Use Elements designations of Urban 1 and Rural 2. This amendment provided specific exemptions to the intersection distance requirements for new commercial development in areas of the Crawfordville Town Plan which have been conceptually identified for commercial development.
Recently, the County has experienced an increase in growth and a number of new commercial rezoning and site plan approval requests. In an effort to see the Crawfordville Town Plan area develop in a manner consistant with the adopted Crawfordville Town Plan, the Board directed staff to prepare new commercial and residential zoning districts, as well as architectural standards specific to the Crawfordville Town Plan area at a regular meeting on May 15, 2017.
On November 6, 2017, the Board adopted an Ordinance creating commercial zoning districts and architectural standards for the Crawfordville Town Plan.
Analysis: In an effort to further implement the vision of Crawfordville and to accommodate this Board directive, staff has prepared an Ordinance (Attachment 2) which in general, provides the following:
• Creating Crawfordville Residential Zoning Districts which establish special requirements, prohibited uses, principle uses, conditional uses and development standards. These districts include: 1. Crawfordville Low Density Residential (LDR) 2. Crawfordville High Density Residential (HDR)
On January 22, 2018 the Board of County Commissioners directed staff to schedule and advertise the proposed Ordinance. Following that meeting, staff received additional input regarding the ordinance and included the following as a special requirement for each of the proposed zoning districts:
Request Board Approval to Conduct the First of Two Public Hearings to Consider Adopting an Ordinance Creating Residential Zoning Districts for Crawfordville Town Plan Area February 20, 2018 Page 3
“New subdivisions and/or multifamily site plans shall be developed with open space and recreation areas and shall be of adequate size and location to serve the residents of the subdivision. Clustering and transfer of development rights shall be allowed to accommodate such open space requirements.”
On February 12, 2018, the Planning Commission considered the proposed Ordinance. Discussion regarding the proposed Ordinance related to density and lot size provisions. Additionally, it was discussed that the requirement for open space should include a triggering mechanism. As such, staff recommends that this special requirement be revised to specify that this is required for multifamily developments and any development which results in 60 units or more. Staff requests additional Board Direction regarding this additional language. The Planning Commission voted unanimously to recommend approval.
The Board of County Commissioners will hold the final public hearing regarding this matter on March 5, 2018.
The advertisement for this public hearing appeared in the February 1, 2018 edition of the Wakulla News (Attachment 3).
Budgetary Impact: Upon approval of the proposed Ordinance the County will incur the cost to file the Ordinance with MuniCode for $19.50 per page for a total of $136.50.
Options: 1. Conduct the first of two public hearings and consider adopting the proposed Ordinance creating residential zoning districts for the Crawfordville Town Plan area. 2. Conduct the first of two public hearings and do not consider adopting the proposed Ordinance creating residential zoning districts for the Crawfordville Town Plan area. 3. Board Direction.
Recommendation: Options #1 & #3.
Attachment(s): 1. Crawfordville Conceptual Town Plan Map 2. Proposed Ordinance 3. Advertisement
ORDINANCE NO. 2018-______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, AMENDING CHAPTER 5, ARTICLE III OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO ZONING DISTRICTS AND REGULATIONS; AMENDING SECTION 5-22 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO DISTRICT SYMBOLS AND NAMES; COMPREHENSIVE PLAN DESIGNATION; AMENDING CHAPTER 5, ARTICLE V OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO CRAWFORDVILLE TOWN PLAN OVERLAY DISTRICT BOUNDARIES; CREATING SECTION 5-68 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO CRAWFORDVILLE LOW DENSITY RESIDENTIAL ZONING DISTRICT REGULATIONS; CREATING SECTION 5-69 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO CRAWFORDVILLE HIGH DENSITY RESIDENTIAL ZONING DISTRICT REGULATIONS; CREATING SPECIAL REQUIRMENTS, PROHIBITED, PRINCIPAL AND CONDITIONAL USES AND DEVELOPMENT STANDARDS FOR CERTAIN ZONING DISTRICTS; PROVIDING FOR SEVERABILITY AND FOR AN EFFECTIVE DATE.
WHEREAS, zoning districts were adopted in Wakulla County on July 23, 1985 by Ordinance Number 85-4; and
WHEREAS, in 2011, following extensive public participation, the Board of County Commissioners (“Board”) adopted the “Crawfordville Town Plan,” a planning document representing the vision of future development for the Crawfordville area; and
WHEREAS, on August 20, 2012, the Board adopted Ordinance No. 2012-21, which implemented certain aspects of the Crawfordville Town Plan by establishing the Crawfordville Town Plan Overlay District Boundaries, and creating the Crawfordville Area District Regulations and Crawfordville Core District Regulations, and reserving for the future the creation of Crawfordville-specific zoning districts to further implement the Crawfordville Town Plan; and
WHEREAS, the Board now wishes to create zoning district regulations specific to Crawfordville, including Special Requirements, Prohibited Uses, and the allowed Principal and Conditional Uses, based on changing conditions and to further realize and implement the vision for development in the Crawfordville area set out in the Crawfordville Town Plan; and
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NOW THEREFORE, be it ordained by the Board of County Commissioners of Wakulla County, Florida, as follows:
SECTION 1. INCORPORATION OF RECITALS. The above recitals are true and correct and are hereby incorporated by reference.
SECTION 2. AMENDMENT OF SECTION 5-22 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE. The Board hereby amends Section 5-22, of the Wakulla County Land Development Code, pertaining to district symbols and names; comprehensive plan designation, as follows:
(Words that are stricken out are deletions; words that are underlined are additions)
Sec. 5-22. – District symbols and names; comprehensive plan designation.
(1) The following districts are created and regulated in this Chapter:
District Symbol Description P-1 Preservation P-2 Conservation AG Agriculture RR-5 Rural Residential RR-2 Rural Residential RR-1 Semi-Rural Residential RR-1(a) Semi-Rural Single-Family Residential RSU-1 Semi-Rural Residential RSU-2 Semi-Urban Single-Family Residential R-1A Single-Family Residential R-1A(1) Single-Family Residential R-1 Single-Family Residential R-1 (A) Single-Family Residential R-2 Two-Family Duplex Residential R-3 Multifamily Residential RTH Townhouse Residential RMH-1 Mobile Home Residential RMH-2 Mobile Home Park RC-1 Rural Commercial 2
CTTP Travel Trailer Park Commercial CO Office Commercial C-1 Neighborhood Commercial C-2 General Commercial C-3 Heavy Commercial C-4 Downtown Commercial I-1 Light Industrial I-2 Heavy Industrial TC Crawfordville Town Center CC Crawfordville Cottage Commercial HIC High Intensity Commercial LIC Low Intensity Commercial LDR Low Density Residential HDR High Density Residential
(2) Table 5-22 below comprises a list of the zoning districts permissible in each land use designation of the Wakulla County Comprehensive Plan Growth Management Plan’s Future Land Use Map.
Table 5-22. Zoning Districts Permitted in Use Future Land Use Map Land Use Permitted Zoning Districts Designations Rural 1 AG, RR-5, PUD, P-1, P-2 Rural 2 Zonings allowed in Rural-1, plus C-1, C-2, RR-2, CTTP, RC-1, LIC, LDR Rural 3 Zonings allowed in Rural-2, plus C-O, C-3, RR-1, RR-1a Urban 1 Zonings allowed in Rural 3, plus RSU-1, RSU-2, R-2, C-4, I-1, CC, HIC, LIC Urban 2 Zonings allowed in Urban 1, plus R-1(A), R- 1A(1), RMH-1, RMH-2, RTH, R-3, R-1, R- 1A, HDR Commercial C-1, C-2, C-3, C-4, CTTP, C-O, PUD Industrial I-1, I-2, PUD Agriculture AG, P-1, P-2, PUD Conservation P-1, P-2, PUD Public Facilities All zoning districts Conservation Residential P-1, P-2, AG, RR-5, PUD Town Center 1 TC, PUD, HDR Town Center 2 TC, PUD, HDR
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The PUD zoning district may be used to create mixed use land use developments that are otherwise consistent with the general land use descriptions found in the comprehensive plan. Clustering and mixed use PUDs may be used in any land use designation if the density and intensity provisions of the comprehensive plan and overlaying land use map designation are consistent.
SECTION 3. AMENDMENT OF SECTION 5-68 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE. The Board hereby amends Section 5-68 of the Wakulla County Land Development Code, entitled “Crawfordville Low Density Zoning District regulations,” as follows:
(Words that are stricken out are deletions; words that are underlined are additions)
Sec. 5-68. – LDR Crawfordville Low Density District regulations.
Reserved.
(1) District intent. The intent of this district is to promote lower density residential development adjacent to or near high density residential areas within the Crawfordville Area District. Additionally, this district is envisioned to support pedestrian oriented development and redevelopment in the Crawfordville Area District. This zoning district is permissible in the Rural 2, Rural 3, Urban 1 and Urban 2 land use categories as designated in the Comprehensive Plan. (2) Special requirements. 1. Sidewalks shall be constructed on at least one side of the road right-of-way for all newly developed subdivisions in accordance with Florida Department of Transportation requirements and Americans with Disabilities Act accessibility guidelines. 2. Vehicular driveway connections shall be located on local roads, where feasible. 3. Accessory structures shall be located on the side or rear of primary structures and meet applicable setback requirements of section 6-1 of this Code. 4. Community solid waste disposal dumpsters shall be kept and maintained in an enclosed area. 5. New subdivisions and/or multifamily site plans shall be developed with open space and recreation areas and shall be of adequate size and location to serve the residents of the subdivision. Clustering and transfer of development rights shall be allowed to accommodate such open space requirements. (3) Prohibited uses. 1. Billboards and off-premise signage. 2. Communication towers. 3. Mobile or modular homes. (4) Principle Uses. 1. Community residential home (small). 2. Government offices and services. 3. Light Infrastructure.
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4. Single family detached dwellings. (5) Conditional Uses. 1. Cemeteries. 2. Churches and other houses of worship, including convents and rectories. (6) Development standards. 1. Minimum lot size. i. Area: 5,400 square feet. ii. Width: 60 feet. 25 feet for cul-de-sac lots. iii. Depth: 90 feet. 2. Minimum building setbacks. i. Front: 25 feet. ii. Rear: 15 feet. iii. Side: 5 feet. 3. Maximum building restrictions. i. Coverage: Floor area ratio set forth by the applicable Future Land Use designation of the Comprehensive Plan. ii. Height: 35 feet, not to exceed 2 stories iii. Density: Set forth by the applicable Future Land Use designation of the Comprehensive Plan. SECTION 4. AMENDMENT OF SECTION 5-69 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE. The Board hereby creates Section 5-69 of the Wakulla County Land Development Code, entitled “Crawfordville High Density Residential Zoning District regulations,” to read as follows:
(Words that are stricken out are deletions; words that are underlined are additions)
Sec. 5-69. – HDR Crawfordville High Density Residential Zoning District regulations.
(1) District intent. The intent of this district is to promote high density residential development in the Crawfordville Area District, including multifamily, single-family attached, and single-family detached dwellings, which are designed to be compatible with, and closely resemble existing residential uses of the Crawfordville Area District. This zoning district is permissible in the Urban 2, Town Center 1 and Town Center 2 land use categories as designated in the Comprehensive Plan. (2) Special requirements. 1. Sidewalks shall be constructed on at least one side of the road right-of-way for all newly developed subdivisions in accordance with Florida Department of Transportation requirements and Americans with Disabilities Act accessibility guidelines. 2. Vehicular driveway connections shall be located on local roads, where feasible. 3. Accessory structures shall be located on the side or rear of primary structures and meet applicable setback requirements of section 6-1 of this Code.
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4. Community solid waste disposal dumpsters shall be kept and maintained in an enclosed area. 5. New subdivisions and/or multifamily site plans shall be developed with open space and recreation areas and shall be of adequate size and location to serve the residents of the subdivision. Clustering and transfer of development rights shall be allowed to accommodate such open space requirements. (3) Prohibited uses. 1. Billboards and off-premise signage. 2. Communication towers. 3. Mobile or modular homes. (4) Principle Uses. 1. Multifamily dwellings. 2. Single family attached dwellings. 3. Single family detached dwellings. 4. Townhomes. (5) Conditional Uses. 1. Bed and breakfast services. 2. Cemeteries. 3. Churches and other houses of worship, including convents and rectories. (6) Development standards. 1. Minimum lot size. Principal Use Area (square feet) Width (feet) Depth (feet) Multifamily 9,000 100. 90 40 for cul-de-sac lots. Single-family 2,700 30 90 attached 20 for cul-de-sac lots. Single-family 5,400 60 90 detached 25 for cul-de-sac lots
2. Minimum building setbacks. Principal Use Front (feet) Rear (feet) Side (feet) Multifamily 25 25 15 Single-family 15 15 Interior: Zero lot line; attached Exterior: 5 Single-family 15 15 5 detached
3. Maximum building restrictions. i. Coverage: Floor area ratio set forth by the applicable Future Land Use designation of the Comprehensive Plan. ii. Height: 35 feet, not to exceed 2 stories. iii. Density: Set forth by the applicable Future Land Use designation of the Comprehensive Plan.
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SECTION 5. CODIFICATION IN THE CODE OF ORDINANCES. It is the intention of the Board, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Wakulla County Code of Ordinances, and that the sections of this Ordinance may be renumbered to accomplish such intent. SECTION 6. SEVERABILITY. Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 7. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed with the Department of State within ten (10) days after its enactment by the Board and shall be effective upon filing with the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Wakulla County, Florida, this _____ day of ______, 2018.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
By: ______RALPH THOMAS, Chair
ATTEST:
______BRENT X. THURMOND, Ex Officio Clerk to the Board APPROVED AS TO FORM AND CONTENT:
______HEATHER J. ENCINOSA, ESQ. County Attorney
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Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 13, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director
Subject: Request Board Approval to Conduct the First of Two Public Hearings to Consider Adopting an Ordinance Amending and Updating Existing Residential Zoning Districts
Statement of Issue: This agenda item requests Board approval to conduct the first of two public hearings to consider adopting an Ordinance amending and updating existing residential zoning districts.
Background: The Board adopted the original zoning district regulations in 1985. Over the years, some amendments to certain zoning districts have been made. Based on experience with processing development orders, the Department has identified numerous inconsistencies, ambiguities and antiquated regulations related to certain residential zoning districts, requiring the need for updates due to changing conditions. Additionally, updating certain residential zoning districts is necessary to ensure sound planning practices and the effective use of land.
Analysis: In an effort to update residential zoning districts, staff has prepared an Ordinance (Attachment 1) which provides the following: • A comprehensive overhaul to certain existing residential zoning districts, including: o Two-Family Residential (R-2) o Multifamily Residential (R-3) o Townhouse Residential (RTH) • Updates to include revisions to existing special requirements, prohibited uses, principle uses, conditional uses and development standards. • Repeals the following zoning districts: o R-1A(1) Single Family Residential District o R-1(A) Single Family Residential District o RC-1 Rural Commercial District • Revises definitions for two family dwellings (duplex) and townhouses. • Creates definitions for single-family detached dwellings and single-family attached dwellings. Request Board Approval to Conduct the First of Two Public Hearings to Consider Adopting an Ordinance Amending and Updating Existing Residential Zoning Districts February 20, 2018 Page 2
It should be noted that the three zoning districts proposed for repeal under this Ordinance are not currently applied to any lands within the County and appear to serve no functional purpose that could not otherwise be achieved through other applicable avenues in the Code.
On January 22, 2018 the Board of County Commissioners directed staff to schedule and advertise the proposed Ordinance. Following that meeting, staff received additional input regarding the Ordinance and included the following as a special requirement for each of the amended zoning districts:
“New subdivisions and/or multifamily site plans shall be developed with open space and recreation areas and shall be of adequate size and location to serve the residents of the subdivision. Clustering and transfer of development rights shall be allowed to accommodate such open space requirements.”
On February 12, 2018, the Planning Commission considered the proposed Ordinance and voted unanimously to recommend approval.
Although discussion regarding the proposed requirement for open space including a triggering mechanism was not subject of the Planning Commission’s discussion specifically related to this agenda item, it is also worthy of consideration for this Ordinance. As such, staff recommends that this special requirement be revised to specify that this is required for multifamily developments and any development which results in 60 units or more. Staff requests additional Board Direction regarding this additional language.
The Board of County Commissioners will hold the final public hearing regarding this matter on March 5, 2018.
The advertisement for this public hearing appeared in the February 1, 2018 edition of the Wakulla News (Attachment 2).
Budgetary Impact: Upon approval of the proposed Ordinance the County will incur the cost to file the Ordinance with MuniCode for $19.50 per page for a total of $136.50.
Options: 1. Conduct the first of two public hearings and consider adopting the proposed Ordinance amending and updating existing residential zoning districts. 2. Conduct the first of two public hearings and do not consider adopting the proposed Ordinance amending and updating existing residential zoning districts. 3. Board Direction.
Request Board Approval to Conduct the First of Two Public Hearings to Consider Adopting an Ordinance Amending and Updating Existing Residential Zoning Districts February 20, 2018 Page 3
Recommendation: Options #1 & #3.
Attachment(s): 1. Proposed Ordinance 2. Advertisement ORDINANCE NO. 2018-______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, PERTAINING TO ZONING DISTRICT REGULATIONS; AMENDING SECTION 2-4 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO DEFINITION OF TERMS; AMENDING CHAPTER 5, ARTICLE III OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO ZONING DISTRICTS AND REGULATIONS; AMENDING SECTION 5-22 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO DISTRICT SYMBOLS AND NAMES; COMPREHENSIVE PLAN DESIGNATION; REPEALING SECTION 5-29.1 AND 5-30.1 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS; REPEALING AND REPLACING SECTION 5-31 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO TWO-FAMILY RESIDENTIAL ZONING DISTRICT REGULATIONS; REPEALING AND REPLACING SECTION 5-32 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO MULTI- FAMILY RESIDENTIAL ZONING DISTRICT REGULATIONS; REPEALING AND REPLACING SECTION 5-33 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO TOWNHOUSE ZONING DISTRICT REGULATIONS; REPEALING SECTION 5-45 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE, RELATING TO RURAL COMMERICAL ZONING DISTRICT REGULATIONS; PROVIDING FOR SEVERABILITY AND FOR AN EFFECTIVE DATE.
WHEREAS, zoning districts were adopted in Wakulla County on July 23, 1985 by Ordinance Number 85-4; and
WHEREAS, the Board finds it necessary to update the County’s residential zoning district regulations, including Special Requirements, Prohibited Uses and the allowed Principal and Conditional Uses, based on changing conditions and to ensure consistency with the Wakulla County Comprehensive Plan and state law; and
WHEREAS, the Board finds it necessary to repeal certain zoning districts which are not currently in use within the County and are otherwise redundant and/or no longer needed.
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NOW THEREFORE, be it ordained by the Board of County Commissioners of Wakulla County, Florida, as follows:
SECTION 1. INCORPORATION OF RECITALS. The above recitals are true and correct and are hereby incorporated by reference. SECTION 2. AMENDMENT OF SECTION 2-4 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE. The Board of County Commissioners (the "Board") hereby amends Section 2-4, of the Wakulla County Land Development Code, entitled “Definition of Terms,” as follows:
(Words that are stricken out are deletions; words that are underlined are additions) Sec. 2-4. Definition of terms.
* * * Dwelling, single-family detached: A single-family dwelling that is not connected or attached to any other dwelling (other than an accessory dwelling unit).
* * * Dwelling, single-family attached: A single-family dwelling attached to two single- family dwellings by vertical common fire-resistant walls, with each dwelling unit located on a separate lot. Each dwelling unit and lot must meet the minimum lot size requirements set forth in the applicable zoning district.
* * * Dwelling, two-family (duplex): A residential building designed for or occupied by two families, with the number of families in residence not exceeding the number of dwelling units provided. A residential building containing two attached single-family dwelling units on one single lot or parcel of land. * * * Townhouse: A group of two three or more single-family dwellings separated by a space of not more than one inch. The walls or part wall separating the dwelling units of the townhouse shall extend to the roof line of the dwelling and shall have no openings therein. Each townhouse unit shall be constructed upon a separate lot and serviced with separate utilities and other facilities and shall otherwise be independent of one another. Townhouses are single-family dwelling units.
* * *
SECTION 3. AMENDMENT OF SECTION 5-22 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE. The Board hereby amends Section 5-22, of the Wakulla
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County Land Development Code, entitled “District Symbols and Names; Comprehensive Plan Designation,” as follows:
(Words that are stricken out are deletions; words that are underlined are additions)
Sec. 5-22. – District symbols and names; comprehensive plan designation.
(1) The following districts are created and regulated in this Chapter:
District Symbol Description P-1 Preservation P-2 Conservation AG Agriculture RR-5 Rural Residential RR-2 Rural Residential RR-1 Semi-Rural Residential RR-1(a) Semi-Rural Single-Family Residential RSU-1 Semi-Rural Residential RSU-2 Semi-Urban Single-Family Residential R-1A Single-Family Residential R-1A(1) Single-Family Residential R-1 Single-Family Residential R-1 (A) Single-Family Residential R-2 Two-Family Duplex Residential R-3 Multifamily Residential RTH Townhouse Residential RMH-1 Mobile Home Residential RMH-2 Mobile Home Park RC-1 Rural Commercial CTTP Travel Trailer Park Commercial CO Office Commercial C-1 Neighborhood Commercial C-2 General Commercial C-3 Heavy Commercial
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C-4 Downtown Commercial I-1 Light Industrial I-2 Heavy Industrial TC Crawfordville Town Center CC Crawfordville Cottage Commercial HIC High Intensity Commercial LIC Low Intensity Commercial LDR Low Density Residential HDR High Density Residential
(2) Table 5-22 below comprises a list of the zoning districts permissible in each land use designation of the Wakulla County Comprehensive Plan Growth Management Plan’s Future Land Use Map.
Table 5-22. Zoning Districts Permitted in Use Future Land Use Map Land Use Permitted Zoning Districts Designations Rural 1 AG, RR-5, PUD, P-1, P-2 Rural 2 Zonings allowed in Rural-1, plus C-1, C-2, RR-2, CTTP, RC-1, LIC, LDR Rural 3 Zonings allowed in Rural-2, plus C-O, C-3, RR-1, RR-1a Urban 1 Zonings allowed in Rural 3, plus RSU-1, RSU-2, R-2, C-4, I-1, CC, HIC, LIC Urban 2 Zonings allowed in Urban 1, plus R-1(A), R- 1A(1), RMH-1, RMH-2, RTH, R-3, R-1, R- 1A, HDR Commercial C-1, C-2, C-3, C-4, CTTP, C-O, PUD Industrial I-1, I-2, PUD Agriculture AG, P-1, P-2, PUD Conservation P-1, P-2, PUD Public Facilities All zoning districts Conservation Residential P-1, P-2, AG, RR-5, PUD Town Center 1 TC, PUD, HDR Town Center 2 TC, PUD, HDR
The PUD zoning district may be used to create mixed use land use developments that are otherwise consistent with the general land use descriptions found in the comprehensive plan. Clustering and mixed use PUDs may be used in any land use designation if the density and intensity provisions of the comprehensive plan and overlaying land use map designation are consistent.
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SECTION 4. REPEAL OF SECTION 5-29.1 AND 5-30.1 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE.
Section 5-29.1 of the Wakulla County Land Development Code entitled “R-1A(1) Single- Family Residential District,” and Section 5-30.1 of the Wakulla County Land Development Code entitled “R-1(A) Single-Family Residential District,” are hereby repealed in their entirety.
SECTION 5. REPEAL AND REPLACEMENT OF SECTION 5-31 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE. Section 5-31, of the Wakulla County Land Development Code, entitled “R2, Two-family (Duplex) Residential District Regulations,” is hereby repealed in its entirety and replaced with the following:
Sec. 5-31. – R2 Two-Family Residential District regulations. (1) District intent. The intent of this district is to provide for areas to be predominantly developed with two-family dwellings or other uses which by location or trend of development are appropriate for such areas. This zoning district is permissible in the Urban 1, Urban 2, and Public Facilities land use categories as designated in the comprehensive plan. (2) Special requirements. 1. Sidewalks shall be constructed on at least one side of the road right-of-way for all newly developed subdivisions in accordance with Florida Department of Transportation requirements and Americans with Disabilities Act accessibility guidelines. 2. Vehicular driveway connections shall be located on local roads, where feasible. 3. New subdivisions and/or multifamily site plans shall be developed with open space and recreation areas and shall be of adequate size and location to serve the residents of the subdivision. Clustering and transfer of development rights shall be allowed to accommodate such open space requirements. (3) Principal uses. 1. Community residential home (small). 2. Government offices and services. 3. Light infrastructure. 4. Single-family attached dwellings. 5. Two-family dwellings (duplex). (4) Conditional uses. 1. Cemeteries. 2. Churches and other houses of worship including convents and rectories. 3. Public and private recreation facilities. 4. Schools. (5) Development standards. 1. Minimum lot or site size. Principal Use Area (square feet) Width (feet) Depth (feet) Single-family 2,700 30 90 attached 20 for cul-de-sac lots
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Two-family 5,400 60 90 dwellings (duplex) 25 for cul-de-sac lots 2. Minimum building setbacks. Principal Use Front (feet) Rear (feet) Side (feet) Single-family 20 15 Interior: Zero lot line; attached Exterior: 8 Two-family 20 15 8 dwellings (duplex) 1. Maximum building restrictions. * (a) Coverage: 60 percent. (b) Height: 35 feet; not to exceed two stories. (c) Density: ten dwelling units per acre * Note —Density and building coverage may be further restricted by the comprehensive plan.
SECTION 6. REPEAL AND REPLACEMENT OF SECTION 5-32 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE. Section 5-32 of the Wakulla County Land Development Code, entitled “R-3 Multifamily Residential District Regulations,” is hereby repealed in its entirety and replaced with the following: Sec. 5-32. - R-3 Multifamily Residential District regulations. (1) District intent. The intent of this district is to provide for areas to be predominantly developed with high density residential uses, including multifamily dwellings or other uses which by location or trend of development are appropriate for such areas. This zoning district is permissible in the Urban 2 and Public Facilities land use categories as designated in the comprehensive plan. (2) Special requirements. 1. Sidewalks shall be constructed on at least one side of the road right-of-way for all newly developed subdivisions in accordance with Florida Department of Transportation requirements and Americans with Disabilities Act accessibility guidelines. 2. Vehicular driveway connections shall be located on local roads, where feasible. 3. All buildings to be at least 10 feet apart. 4. Maximum building group length is ten dwelling units; minimum is three dwelling units. 5. All townhouse developments shall be subdivisions and thus subject to subdivision regulations. 6. New subdivisions and/or multifamily site plans shall be developed with open space and recreation areas and shall be of adequate size and location to serve the residents of the subdivision. Clustering and transfer of development rights shall be allowed to accommodate such open space requirements. (3) Principal uses. 1. Community residential home (small). 2. Government offices and services.
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3. Light infrastructure. 4. Multifamily dwellings 5. Single-family detached dwellings 6. Single-family attached dwellings 7. Two-family dwellings (4) Conditional uses. 1. Cemeteries. 2. Child care centers. 3. Churches and other houses of worship including convents and rectories. 4. Community residential home (large). 5. Public and private recreation facilities. 6. Schools. (5) Development standards. 1. Minimum lot size Principal Use Area (square feet) Width (feet) Depth (feet) Multifamily 9,000 100. 90 40 for cul-de-sac lots. Single-family 5,400 60 90 detached 25 for cul-de-sac lots. Single-family 2,700 30 90 attached 20 for cul-de-sac lots Two-family 5,400 60 90 dwellings (duplex) 25 for cul-de-sac lots. 2. Minimum building setbacks. Principal Use Front (feet) Rear (feet) Side (feet) Multifamily 25 25 15 Single-family 15 15 5 detached Single-family 15 15 Interior: Zero lot line; attached Exterior: 5 Two-family 20 15 5 dwellings (duplex) 3. Maximum building restrictions. * Principal Use Coverage percent Height (feet) Dwelling units (per acre) * Multifamily 60 35 not to exceed 2 10 stories Single-family 60 25 10 detached Single-family 60 25 10 attached Two-family 35 25 10 dwellings (duplex)
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* Note —Density and building coverage may be further restricted by the comprehensive plan.
SECTION 7. REPEAL AND REPLACEMENT OF SECTION 5-33 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE. Section 5-33 of the Wakulla County Land Development Code, entitled “RTH Townhouse Residential District Regulations,” is hereby repealed in its entirety and replaced with the following: Sec. 5-33. – RTH Townhouse Residential District regulations. (1) District intent. The intent of this district is to provide for areas to be predominantly developed for townhouse dwellings or other uses which by location or trend of development are appropriate for such areas. This zoning district is permissible in the Urban 2 and Public Facilities land use categories as designated in the comprehensive plan. (2) Special requirements. 1. Sidewalks shall be constructed on at least one side of the road right-of-way for all newly developed subdivisions in accordance with Florida Department of Transportation requirements and Americans with Disabilities Act accessibility guidelines. 2. Vehicular driveway connections shall be located on local roads, where feasible. 3. All buildings to be at least 10 feet apart. 4. Maximum building group length is ten dwelling units; minimum is three dwelling units. 5. All townhouse developments shall be subdivisions and thus subject to subdivision regulations. 6. New subdivisions and/or multifamily site plans shall be developed with open space and recreation areas and shall be of adequate size and location to serve the residents of the subdivision. Clustering and transfer of development rights shall be allowed to accommodate such open space requirements.
(3) Principal uses. 1. Community residential home (small) 2. Government offices and services. 3. Light infrastructure. 4. Townhouses (4) Conditional uses. 1. Cemeteries. 2. Churches and other houses of worship including convents and rectories. 3. Community residential home (large) 4. Public and private recreation facilities. 5. Schools (5) Development standards. 1. Minimum lot or site size. a. Area: 1,800 square feet
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b. Width: 20 feet. Ten feet for cul-de-sac lots. c. Depth: 90 feet 2. Minimum building setbacks. a. Front: 15 feet b. Rear: 15 feet c. Side: Interior: Zero lot line; Exterior: 5 feet 3. Maximum building restrictions. * a. Coverage: 60 percent b. Height: 35 feet, not to exceed two stories. c. Density: 10 dwelling units per acre. * Note —Density and building coverage may be further restricted by the comprehensive plan.
SECTION 8. REPEAL OF SECTION 5-45 OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE.
Section 5-45 of the Wakulla County Land Development Code entitled “RC-1 Rural Commercial District regulations” is hereby repealed in its entirety. SECTION 9. CODIFICATION IN THE CODE OF ORDINANCES. It is the intention of the Board, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Wakulla County Code of Ordinances, and that the sections of this Ordinance may be renumbered to accomplish such intent. SECTION 10. SEVERABILITY. Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 11. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed with the Department of State within ten (10) days after its enactment by the Board and shall be effective upon filing with the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Wakulla County, Florida, this _____ day of ______, 2018.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
By: ______RALPH THOMAS, Chair
ATTEST:
______
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BRENT X. THURMOND, Ex Officio Clerk to the Board APPROVED AS TO FORM AND CONTENT:
______HEATHER J. ENCINOSA, ESQ. County Attorney
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Board of County Commissioners Agenda Request
Date of Meeting: February 20, 2018
Date Submitted: February 9, 2018
To: Honorable Chairman and Members of the Board
From: Jerry Moore, County Commissioner District 4
Subject: Request Board Approval to Direct Staff to Send a Letter to FDOT Requesting Closure of the Old US Hwy. 319 Entrance Going South on US Hwy. 319
Statement of Issue: This agenda item requests Board approval to direct staff to send a letter to FDOT requesting closure of the Old US Hwy. 319 entrance going south on US Hwy. 319.
Background: Automobiles and trucks heading South on US Hwy. 319 stop in the left lane to make a right turn on to Old US 319, thereby crossing both lanes. Automobiles, Trucks, and Motorhomes coming East on US Hwy. 98 turn left on Old US Hwy. 319 and then turn right on to the new US Hwy. 319. When approaching the intersection they make a U-turn or enter the school parking lot to make their turn north. This is absolutely dangerous. In a case of an emergency evacuation this will block all traffic.
Analysis: Therefore this agenda item is requesting Board approval to direct staff to send a letter to FDOT requesting closure of the Old US Hwy. 319 entrance going south on US Hwy. 319.
Budgetary Impact: None.
Options: 1. Approve to direct staff to send a letter to FDOT requesting closure of the Old US Hwy. 319 entrance going south on US Hwy. 319. 2. Do not Approve to direct staff to send a letter to FDOT requesting closure of the Old US Hwy. 319 entrance going south on US Hwy. 319. 3. Board Direction.
Recommendation: Option #1.
Agenda Request: July 15, 2013 Page 2