CITY OF BELLEVIEW REGULAR COMMISSION MEETING AGENDA

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1 CITY OF BELLEVIEW REGULAR COMMISSION MEETING AGENDA BELLEVIEW CITY HALL Mayor CHRISTINE K. DOBKOWSKI COMMISSION CHAMBERS Seat 1 MICHAEL J. GOLDMAN Seat 2 GARY W. ERNST June 6, 2017 Seat 3 RONALD T. LIVSEY 6:00 PM Seat 4 ROBERT BO SMITH MOMENT OF SILENCE/ PLEDGE OF ALLEGIANCE COMMISSIONER ERNST AGENDA ITEMS This Meeting Was Properly Noticed PD 1. APPROVAL OF MINUTES: 5/16/2017 Meeting (Pg. 2) 2. PUBLIC HEARING: First Reading Ordinance Splash Park Vendors (Pg. 6) 3. PRESENTATIONS: a) Youth Board Members Certificate of Appreciation (Pg. 14) b) 2017 FY Distinguished Budget Presentation Award (Pg. 18) 4. PUBLIC REQUEST: Scott Family Fun Day (Pg. 21) 5. UNSCHEDULED AUDIENCE/COMMENTS (Pg. 23) 6. OTHER CITY BUSINESS/DEPARTMENT UPDATES: a) Public Works b) Finance c) Development Services: Resolution Dunn Avenue Street Vacation (Pg. 24) d) Information Technology e) Police: Surplus Vehicle (Pg. 29) f) Legal Services: Parrish Estate Property Foreclosure Auction (Pg. 31) g) City Administrator: 1) Disaster Preparedness Handbook (Pg. 32) 2) Personnel Manual Emergency Events/Declared Disaster (Pg. 39) h) City Clerk 7. COMMISSION UPDATES: In accordance with FS , Public Comment will be allowed before each Commission action, except for ministerial acts and those items specifically exempt. Each person wishing to address the Commission will be allowed one comment per discussion item not to exceed three minutes. Large groups shall select a spokesperson to represent their group. Additional time may be allowed on matters of critical concern or as circumstances warrant. In accordance with the Americans with Disabilities Act, persons needing assistance in any of these proceedings should contact the City Clerk s Office listed below at least 48 hours prior to the meeting: 5343 SE Abshier Blvd., Belleview, FL ( )

2 2 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORM DATE OF MEETING: June 6, 2017 APPROVAL OF MINUTES: 5/16/2017 Meeting PRESENTING PARTY: ATTACHMENTS: STAFF RECOMMENDATION: Mayor Dobkowski Minutes Approve Minutes or Approve As Amended THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

3 3 CITY OF BELLEVIEW COMMISSION MINUTES BELLEVIEW CITY HALL COMMISSION CHAMBERS May 16, :00 PM Mayor CHRISTINE K. DOBKOWSKI Seat 1 MICHAEL J. GOLDMAN Seat 2 GARY W. ERNST Seat 3 RONALD T. LIVSEY Seat 4 ROBERT BO SMITH PRESENT: MAYOR DOBKOWSKI; COMMISSIONERS: ERNST; GOLDMAN; SMITH; DSD FARNSWORTH; CHIEF HOLLAND; PWD PHILLIPS; ITD TOWNE; FD STRAUSBAUGH; ATTORNEY LANDT; CITY ADMINISTRATOR McKAMEY; CITY CLERK DeGENNARO ABSENT: COMMISSIONER LIVSEY 1. APPROVAL OF MINUTES: 5/2/2017 Meeting Motion made by Commissioner Ernst to approve the minutes; Seconded by Commissioner Smith. Motion was approved by roll call vote of 3-0. Commissioner Goldman did not vote because he was out of the room. 2. PROCLAMATION: Law Enforcement Week Mayor Dobkowski read and presented the proclamation to Chief Holland declaring the week of May 14, 2017 through May 20, 2017 as Police Week in the City of Belleview. 3. PUBLIC HEARING: Final Reading: a)ordinance Medical Marijuana Mayor Dobkowski read Title Only of Ordinance and Attorney Landt gave a brief review of the Ordinance. Mayor Dobkowski stated this was a public hearing and asked if anyone in the audience had any comments. No one came forward. Motion made by Commissioner Ernst to adopt Ordinance ; Seconded by Commissioner Goldman. Motion was unanimously approved by a roll call vote. b) a)ordinance Public User Fees Mayor Dobkowski read Title Only of Ordinance and Attorney Landt gave a brief review of the Ordinance. Mayor Dobkowski stated this was a public hearing and asked if anyone in the audience had any comments. No one came forward. City Administrator McKamey stated this Ordinance should be effective January 2018 and not effective upon adoption. Motion made by Commissioner Ernst to adopt Ordinance as amended; Seconded by Commissioner Goldman. Motion was unanimously approved by a roll call vote. 4. RESOLUTIONS: a)resolution Budget Amendment IT / Police Department City Administrator McKamey the reviewed the Resolution which allocates the recently received state check to IT for training and software maintenance. The resolution also moves funds from the Police Automation Reserves to be used for equipment and software. Mayor Dobkowski stated this was a public hearing and asked if anyone in the audience had any comments. No one came forward. Motion made by Commissioner Goldman to approve Resolution that amends the budget; Seconded by Commissioner Smith. Motion was unanimously approved by a roll call vote. b)resolution Budget Amendment Mower Purchase PWD Phillips stated the money would come from gas tax to purchase a replacement mower. Staff received two quotes for a new mower and D and C Small Engine, Inc. was the lowest at $7, Mayor Dobkowski stated this was a public hearing and asked if anyone in the audience had any

4 4 5/16/2017 Commission Meeting Page 2 of 3 comments. No one came forward. Motion made by Commissioner Ernst to approve Resolution and authorize staff to purchase the new mower from D and C Small Engines, Inc. in the amount of $7, from local option gas tax; Seconded by Commissioner Goldman. Motion was unanimously approved by a roll call vote. c)resolution Budget Amendment PD Building Loan Proceeds City Administrator McKamey stated Resolution approved the CB&T loan for the Police Department building to be paid out of the sales tax proceed. This resolution brings the loan into the budget. Mayor Dobkowski stated this was a public hearing and asked if anyone in the audience had any comments. No one came forward. Motion made by Commissioner Goldman to approve Resolution Budget Amendment in the amount of $1,500,000 showing loan proceeds for the construction of the Police Department Building; Seconded by Commissioner Ernst. Motion was unanimously approved by a roll call vote. 5 UNSCHEDULED AUDIENCE/COMMENTS: N/A 6. OTHER CITY BUSINESS/UPDATES: a)public Works: 1) Denker Property - PWD Phillips stated this property was an out parcel in the middle of Lake Lillian Park. Staff would like permission to negotiate a purchase price with the owner. Mayor Dobkowski stated this was a public hearing and asked if anyone in the audience had any comments. No one came forward. Commissioner Goldman stated we don t need to purchase the property. We were rewarding a property owner by buying the house at market value for not taking care of the property. Chief Holland stated the property was owned by an attorney and when he died it fell into disrepair. Commissioner Smith stated it was now part of one corner of our master plan. Commissioner Smith stated it was a step in the right direction and it was moving forward. Mayor Dobkowski stated she agreed with Commissioner Smith. Commissioner Smith stated use the money from funding for the parks. Commissioner Goldman stated to split the money from the CRA and General Fund. FD Strausbaugh stated the City could fund the purchase doing a split using the $35,000 in the CRA and using General Fund Reserves for the remainder of the property cost. Motion made by Commissioner Smith to purchase the property with the $35,000 from the CRA funds and the remainder of the funds coming from General Fund Reserves; Seconded by Commissioner Ernst. Motion was approved by a 3-1 roll call vote with Commissioner Goldman dissenting. b)pwd Phillips stated: 1)Elevated storage tank back on line tomorrow 2) SE 119 Street improvements will be done in the 2 nd week of June. 2) WWTP Headworks Bar Screen PWD Phillips stated the design was completed and we were ready to advertise the project for bids. Mayor Dobkowski stated this was a public hearing and asked if anyone in the audience had any comments. No one came forward. Motion made by Commissioner Goldman to advertise the Bar Screen project; Seconded by Commissioner Smith. Motion was unanimously approved by a roll call vote. b) Finance: April 2017 Finance Report FD Strausbaugh reviewed the financial items for the month and stated there were 5 months left and everything looks like it should.

5 5 5/16/2017 Commission Meeting Page 3 of 3 c) Development Services: DSD Farnsworth stated regarding the WAWA project, vacating Dunn street will be on the next agenda. d) Information Technology: ITD Towne stated in regards to ransomware, we have data backup in place to protect the city. e) Police: N/A f) Legal Services: N/A g) City Administrator: N/A h) City Clerk N/A 7. COMMISSION UPDATES: Commissioner Ernst: stated to remember Law Enforcement during Memorial Law Enforcement Week Commissioner Livsey: Absent Commissioner Goldman: N/A Commissioner Smith: stated glad to see the City Administrator was back and doing well Mayor Dobkowski: N/A Meeting was adjourned at 6:56PM Attest: Margaret DeGennaro MMC, CPS City Clerk

6 6 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORUM DATE OF MEETING June 6, 2017 EXPLANATION OF AGENDA ITEM PRESENTING PARTY Public Hearing: First Reading Title Only: Ord Splash Park Vendor Ordinance Sue Farnsworth, AICP, CFM Development Services Director BACKGROUND/EXPLANATION Staff has been approached by food vendors inquiring about being able to setup at the Wilma Loar Splash Park. The City does not currently have a means of permitting food vendors in City parks. Ordinance will establish the ability to permit food vendors at the Splash Park and will adopt food vendor fees. a. Public Comments b. Commission Comments ATTACHMENTS Ord : Splash Park Vendor Draft Vendor Policy RECOMMENDED ACTIONS Motion to approve Ordinance as presented or as amended on first reading, title only. THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

7 7 ORDINANCE AN ORDINANCE AMENDING SUBPART A GENERAL ORDINANCES OF THE CITY CODE TO ADD CHAPTER 5 REGARDING LICENSING FOOD VENDORS AT THE WILMA LOAR SPLASH PARK; LIMITING THE NUMBER OF VENDORS; PROVIDING FOR VENDOR FEES; PROVIDING FOR AMENDMENT OF FEES BY RESOLUTION; AMENDING APPENDIX B FEES TO ADD FOOD VENDOR FEES; PROVIDING FOR RULES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has the power and authority to establish user fees which are a specific charge for the use of publicly owned or publicly provided facilities or services; and WHEREAS, Subpart A General Ordinances of the City Code of Ordinances sets forth certain general ordinances; and WHEREAS, Appendix B of the City Code provides a table setting forth the amount of such fees; and WHEREAS, the City Commission finds that in the interest of public safety and potential impact to City property, a maximum of two vendors should be allowed at the Wilma Loar Splash Park, subject to rules and regulations adopted by Resolution of the City Commission; and WHEREAS, the City Commission finds that fees should be established for such vendors, based upon the cost to the City for such use; and WHEREAS, the City Commission finds that it is in the public interest to amend Subpart A General Ordinances to add Chapter 5 providing for licensing of vendors at the Wilma Loar Splash Park; to provide for vendor fees for operating at such City facility or property, which fees shall be set forth in Appendix B; and providing that such fees may be amended from time to time by resolution of the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BELLEVIEW, FLORIDA, AS FOLLOWS: Section 1. The City Code of Ordinances, Subpart A General Ordinances is hereby amended to add Chapter 5 regarding Wilma Loar Splash Park Vendors, which shall read as follows: Ordinance Mobile Vendor Fees Splash Park Page 1 of 5

8 8 Subpart A. General Ordinances Chapter 5. Mobile Food Vendors at Wilma Loar Splash Park Section 5-1. Licensing. (a) All mobile food vendors at the Wilma Loar Splash Park (herein also referred to as the Splash Park ) must have a valid food vendor permit from the City of Belleview, prior to selling products or setting up equipment on City property at the Splash Park; Except food vendors operating as part of a special event when the organizer of such event has a Belleview business tax receipt and prior approval from the City Commission to hold such event. (1) All vendors shall provide the name of all persons who will be vending pursuant to such license or approval, together with sufficient information for the City to make a background check on such persons prior to vending at the Splash Park. (2) All persons vending or assisting vendors pursuant to such license or approval shall have valid identification at all times they are present at the Splash Park pursuant to such license or approval. (3) All vendors at the Splash Park shall immediately display their City Vending License, State required licenses or permits and valid identification to City officials or law enforcement officers upon request. (4) All vendors shall maintain all State of Florida and/or City required licenses and permits required for the performance of services to be provided. Such required licenses and permits shall be displayed in public view. (b) All vendors at the Wilma Loar Splash Park shall at all times comply with all appropriate laws, regulations and ordinances applicable to the permitted services. (c) All vendors at the Wilma Loar Splash Park shall comply with the Park Vendor Policy adopted by Resolution of the City Commission. Section 5-2. Enforcement. (a) Anyone who sells food and/or drinks at the Wilma Loar Splash Park without City approval or license, fails to pay the fees, or otherwise fails to abide by the rules and regulations set forth herein and in the Park Vendor Policy adopted by Resolution of the City Commission shall be a violation of the City Code and shall be enforceable pursuant to the provisions of Section 1-14 of the City Code. (b) Anyone who sells food and/or drinks on City property without City approval, fails to pay the fees, or otherwise fails to abide by all city rules; regulations and any other conditions may be denied future commercial use of City properties. Ordinance Mobile Vendor Fees Splash Park Page 2 of 5

9 9 Section 5-3. Fees. (1) The user fees for mobile food vendors licensed to vend at the Wilma Loar Splash Park, as authorized in Chapter 5, Section 5-1 of the City Code, shall be as follows: (a) Cleaning / Trash Deposit: $ (b) The cost of repairs for damage to City property shall be deducted from the deposit together with a charge of $25.00 per half hour when it is necessary for the City to clean or repair park facilities impacted by the food vendor s usage. The vendor will be required to replenish the deposit if the balance drops to $50.00 or less. (c) Food Vendor Permit Fees: $ for use up to 3 months; $ for each additional month (d) Worker IDs with background check: Amount charged by FDLE or comparable vendor plus $15.00 administrative fee. (2) The fees established herein may be hereafter amended by Resolution of the Belleview City Commission. BE IT FURTHER ORDAINED by the City Commission of the City of Belleview, Florida that Appendix B Table 1 of the City Code of Ordinances is hereby amended to add Subsection L to said Table 1, which subsection shall set forth such Vendor Fees and shall read as follows: APPENDIX B FEES Section 3. - Table 1 Administrative Fees. L. The user fees for mobile food vendors licensed to vend at the Wilma Loar Splash Park, as authorized in Chapter 5, Section 5-1 of the City Code, shall be as follows: (1) Cleaning / Trash Deposit: $100.00* * The cost of repairs for damage to City property shall be deducted from the deposit together with a charge of $25.00 per half hour when it is necessary for the City to clean or repair park facilities impacted by the food vendor s usage. The vendor will be required to replenish the deposit if the balance drops to $50.00 or less. Ordinance Mobile Vendor Fees Splash Park Page 3 of 5

10 10 (2) Food Vendor Permit Fees: $ / use up to 3 months; $ / for each additional month (3) Worker IDs with background check: Amount charged by FDLE or comparable vendor plus $15.00 administrative fee. BE IT FURTHER ORDAINED by the City Commission of the City of Belleview, Florida that Sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word ordinance may be changed to section, article or other appropriate designation. Severability. If any provision or portion of this Ordinance is declared, by any court of competent jurisdiction, to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Conflicts Repealed. All ordinances or parts of ordinances in conflict with this Ordinance shall be repealed to the extent of such conflict. If any portion of this Ordinance is found to be invalid, then only that portion of this Ordinance shall be stricken. Effective Date. This Ordinance shall become effective upon adoption, as provided herein. CERTIFICATE OF ADOPTION AND APPROVAL The above and foregoing Ordinance was duly read upon First Reading by a to vote of the City Commission of the City of Belleview, Florida, at a Regular Meeting held on, Said Ordinance was duly read, passed and adopted upon Final Reading by a to vote of the City Commission of the City of Belleview, Florida, at a Public Hearing held on, Attest: CHRISTINE K. DOBKOWSKI Mayor/Commissioner MARGARET DeGENNARO, MMC, CPS City Clerk Ordinance Mobile Vendor Fees Splash Park Page 4 of 5

11 11 APPROVED AS TO FORM AND LEGALITY: FREDERICK E. LANDT, III City Attorney CERTIFICATE OF ADVERTISING I HEREBY CERTIFY that foregoing Ordinance was advertised for a Public Hearing in the edition of the Voice of South Marion newspaper in accordance with Florida Statutes. MARGARET DeGENNARO, MMC, CPS City Clerk Ordinance Mobile Vendor Fees Splash Park Page 5 of 5

12 12 City of Belleview Park Vendor Policy The City Commission desires that the grounds around the Wilma Loar Splash Park be available to mobile food vendors. The following rules apply 1. All mobile food vendors must have a valid food vendor permit prior to selling products or setting up equipment on City property. The following rules do not apply to food vendors operating as part of a special event if the event organizer has a Belleview business tax receipt and approval from the City Commission to hold the event. 2. Food vendors may utilize food trucks, carts, trailers/wagons, temporary tents or tables. Equipment/vehicles must be removed from the park when not in operation. No equipment or vehicles are to be left at the park overnight. The City is not responsible for items or equipment left at the park. 3. Food vendors must setup in approved areas only and not occupy or block parking lots, public parking spaces, sidewalks/walkways, or park on the roadway shoulder. Vehicles are not to drive over walkways and trails. 4. Only approved food and beverages may be sold. 5. Up to two vendors may be approved for operation. 6. Vendors will be selected to provide a variety of goods such as, but not limited to, frozen treats, hot dogs, ice cream, and beverages. Two vendors will not be approved to sell the same type of food item. All vendors may sell hot and cold beverages. 7. Food vendors may operate only during park hours. 8. All workers must meet the City's background requirements as demonstrated through the City s background screening process to work under the issued permit. Workers must wear a City issued vendor ID tag. 9. Vendors will be responsible for all damage and litter generated by concession operation and for ensuring that proper trash receptacles are utilized. Vendors will be responsible for damage to turf and walkways caused by their equipment. 10. The vendor must provide his/her own equipment as needed to properly provide the items/services indicated. Power (if needed) must be self-contained (i.e. within the concession cart) or provided with a quiet running generator. The generator will not be situated to cause a trip hazard or disturb other guests due to noise and / or fumes. Connection to park power is not permitted. 11. Any signage other than that painted or mounted on the vendor s equipment requires the preapproval of the City. No more than two temporary signs, flags, and banners may be utilized at one time. Temporary signs, flags, and banners shall not be displayed when the vendor is not in operation. 12. Vendors shall not "push" sales to park patrons and shall not amplify sound. Disturbances caused by loud music or disorderly conduct may lead to immediate expulsion by a City law enforcement officer, forfeiture of deposits, and denial of future use. 13. The use and sale of tobacco products is prohibited. Possession, consumption, and/or sale of alcohol is prohibited. 14. Vendor shall maintain all state and/or City required licenses and permits required for the performance of services to be provided. All required licenses and permits shall be displayed in public view. Vendors shall at all times comply with all appropriate laws, regulations and ordinances applicable to the permitted services. 15. Anyone who sells food and/or drinks on City property without City approval, fails to pay the fees, or otherwise fails to abide by all city rules; regulations and any other conditions may be denied future commercial use of City properties.

13 In the performance of the permitted services, the food vendor will be acting in the capacity of an "independent contractor" and not as an agent, employee, partner, joint venture, or associate of the City. The food vender shall be solely responsible for the means, methods, techniques, sequences, and procedures utilized in the full performance of the services permitted. 17. The City of Belleview reserves the right to modify the terms of the food vendor permit at any time at the City s sole discretion. 18. The City may terminate the food vendor permit with or without cause at any time and without notice. Required Submittals Florida Department of Business and Professional Regulation License(s) Belleview Business Tax application or receipt. Photograph of equipment or vehicle to be utilized as a food vendor. Certificate of Liability Insurance showing The City of Belleview as an Additional Insured and in the amounts provided on the Insurance and Indemnification Form. Background Authorization Forms for Vendor and any proposed employees/assistants and all required documentation (including photo ID). Generalized list of food items to be sold (ice cream, frozen treats, hot dogs, beverages, etc). The food vendor fee for use of parks owned by the City of Belleview, as authorized in Chapter 3, Section 3-6 of the City of Belleview Code, including Wilma Loar Splash Park and such other parks as may be designated by the City Commission, shall be as follows: a. Cleaning / Trash Deposit: $ Deposit will be required and may be refundable in whole or in part at the conclusion of the permitted time period. The cost of repairs for damage to City property shall be deducted from the deposit together with a charge of $25.00 per half hour when it is necessary for the City to clean or repair park facilities impacted by the food vendor s usage. The vendor will be required to replenish the deposit if the balance drops to $50.00 or less. b. Food Vendor Permit Fees: $ / use up to 3 months $ / for each additional month c. Worker IDs with background checks: Amount charged by FDLE or comparable vendor plus $15.00 administrative fee.

14 14 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORM DATE OF MEETING: June 6, 2017 AGENDA ITEM: REQUESTING PARTY: ATTACHMENTS: RECOMMENDED ACTION: Youth Board Members Certificate of Appreciation Mayor Dobkowski Certificates for: 1) Anna Capitano 2) Tyler Chaffin 3) Shelbie Eakins N/A THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

15 15 CERTIFICATE OF APPRECIATION This certificate is awarded to ANNA CAPITANO For membership and participation in CITY OF BELLEVIEW YOUTH COMMISSION BOARD Hours Completed January May 2017 Mayor Christine Dobkowski Date

16 16 CERTIFICATE OF APPRECIATION This certificate is awarded to TYLER CHAFFIN For membership and participation in CITY OF BELLEVIEW YOUTH COMMISSION BOARD Hours Completed January May 2017 Mayor Christine Dobkowski Date

17 17 CERTIFICATE OF APPRECIATION This certificate is awarded to SHELBIE EAKINS For membership and participation in CITY OF BELLEVIEW YOUTH COMMISSION BOARD 9.25 Hours Completed July May 2017 Mayor Christine Dobkowski Date

18 18 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORUM DATE OF MEETING June 6, 2017 EXPLANATION OF AGENDA ITEM PRESENTING PARTY GFOA 2017 Distinguished Budget Presentation Award Mayor Dobkowski BACKGROUND/EXPLANATION The City and Finance Department received the Distinguished Budget Presentation Award for the fiscal year beginning October 1, This is the highest form of recognition in governmental budgeting and represents significant achievement. Along with the award to the City, Finance Director Marge Strausbaugh is recognized as the person primarily responsible for obtaining the award. This is the ninth consecutive year the City has received this award. a. Public Comments b. Commission Comments ATTACHMENTS Distinguished Budget Presentation Award Certificate of Recognition: Marge Strausbaugh GFOA Press Release RECOMMENDED ACTIONS Presentation of Award THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

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21 21 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORM DATE OF MEETING: June 6, 2017 AGENDA ITEM: REQUESTING PARTY: ATTACHMENTS: RECOMMENDED ACTION: Scott Family Fun Day Mary Hamilton/Terri Reese Get on the Agenda Form Motion to Approve/disapprove the Scott Family Fun Day on 9/9/2017at Lake Lillian. THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

22 22 Subject: Online Form Submittal: Get on the Agenda Request Form Get on the Agenda Request Form First Name Last Name Mary Hamilton Phone Number Address Subject of Topic Scout Family Fun Day Description Would like to hold a family fun event at City Hall park Sept 9, 2017 for purpose of recruitment. Girl Scouts, Cub Scouts and Boy Scouts would be represented Commission Meeting Date Name of Person Attending Meeting 6/6/2017 Mary Hamilton, Terri Reese not displaying correctly? View it in your browser.

23 23 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORM DATE OF MEETING: June 6, 2017 AGENDA ITEM: UNSCHEDULED AUDIENCE/COMMENTS THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

24 24 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORUM DATE OF MEETING June 6, 2017 EXPLANATION OF AGENDA ITEM PRESENTING PARTY Resolution Dunn Ave - Street Vacation Sue Farnsworth, AICP, CFM Development Services Director BACKGROUND/EXPLANATION Brightwork Real Estate, Inc. has requested the City of Belleview vacate (abrogate) a portion of Dunn Ave. The subject roadway lies near CR 484, between Ms. Steve s Ice Cream and the former fire station. The future use of the land is proposed as part of a WaWa gas station. The developer has entered into a Developers Agreement with the City for the protection and maintenance of SE 113 th St (approved 5/2/2017). Utility providers have filed notices of no objection. The City s underground utilities will be protected under an easement. The City has not received any objections from adjacent land owners or the public. a. Public Comments b. Commission Comments ATTACHMENTS RECOMMENDED ACTIONS Resolution 17-13: Dunn Avenue Abrogation Approval of Resolution 17-13: Dunn Avenue Abrogation, contingent upon conveyance of title to Brightworks Real Estate or its subsidiary for the development of the WaWa gas station. THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

25 25 RESOLUTION A RESOLUTION VACATING A PORTION OF A STREET LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF BELLEVIEW, FLORIDA; PROVIDING FOR OWNERSHIP OF THE VACATED LAND; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Plat of a portion of the City of Belleview, known as Hames First Addition to Belleview, recorded in Plat Book B, Page 268 of the Public Records of Marion County, Florida, dedicates certain streets and alleys for public use; and WHEREAS, one such street, known as Dunn Avenue, was dedicated on said Plat; and WHEREAS, this Resolution pertains to vacating, abandoning and closing a portion of Dunn Avenue (hereafter referred to as abrogating said portion of Dunn Avenue), said portion being more particularly described in Section 1 herein-below and depicted in Exhibit A attached hereto (said portion to be abrogated being hereafter referred to as the Alley ); and WHEREAS, due to new traffic pattern to be implemented the City Commission finds that it serves a valid public purpose to close, abandon and vacate said Alley; and WHEREAS, Michael Clay Wigglesworth, Nicole Wigglesworth, N&C 1, LLC, N&C 6, LLC, and N&C 8, LLC own the parcels of land contiguous to one half of that portion of Dunn Avenue (the Street) to be abrogated; and WHEREAS, Doyle M. Shamblin and Margaret T. Shamblin own the parcel of land contiguous to the other one-half of Dunn Avenue (the Street) to be abrogated; and WHEREAS, Brightwork Real Estate, Inc. has requested that the City of Belleview abandon and abrogate said street; and Doyle M. Shamblin and Margaret T. Shamblin do not object to abrogation of the Alley ; and WHEREAS, the City is empowered by Section Florida Statutes to abrogate streets, roads, alleys and public easements, provided it serves a public purpose to do so, and so long as satisfactory arrangements exist regarding any utilities located within such streets, roads, alleys or public easements to be abrogated; and WHEREAS, the City Development Services Department accepted the application for abrogation of the Alley, as described in Section 1 herein-below, and assigned a hearing date on the application for the City Commission s regularly scheduled meeting set for June 6, 2017, at 6:00 p.m. or as soon thereafter as it could be heard; and WHEREAS, the application for abrogation of the Street and hearing date for consideration of the abrogation of the Street was publicly advertised pursuant to Section (4), Florida Statutes; and Resolution Dunn Avenue Abrogation Page 1 of 4

26 26 WHEREAS, the following utility providers have filed written notices of no objection, to wit: Duke Electric, Century Link, TECO and Bright House; and WHEREAS, the Public Works Department has advised the City Commission that that there are no utilities or other public facilities in the portion of the street proposed to be abrogated or that satisfactory arrangements, including obtaining appropriate utility easements have been made regarding all utilities located within Street to be abrogated; and WHEREAS, the City Commission, after public hearing on June 6, 2017, further found that, other than for utilities which will be provided for in appropriate easements, the Street is not used for the benefit of the public and will serve no public purpose now or in the future; and WHEREAS, the City Commission therefore, found as follows: a) that granting said abrogation will have no negative effect upon the public welfare, public facilities or infrastructure of the City; b) that the City should therefore renounce and disclaim the entire street; c) that the Street or roadway should hereby be abrogated. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Belleview, Florida, as follows: Section 1. Vacating Street. That portion of that certain street known as Dunn Avenue, lying in Hames First Addition to Belleview, as recorded in Plat Book B, Page 268 of the Public Records of Marion County, Florida, hereafter described and as depicted in the drawing attached hereto as Exhibit A, is hereby disclaimed and abandoned; and the dedication of said roadway as a public street and thoroughfare is hereby vacated, abandoned and closed (abrogated), to wit: A Portion Of Dunn Avenue Lying In Marion County, Florida; Section 36, Township 16 South, Range 22 East; Being More Particularly Described As Follows: Commence At The Southwest Corner Of Lot 18, Hames First Addition To Belleview, Plat Book B, Page 268, Of The Public Records Of Marion County, Florida; Thence Along The South Boundary Of Lots 9 Through 18, Inclusive, Of Said Hames First Addition To Belleview, Also Being The North Right-Of-Way Line Of Southeast 113th Street, S68 38'18"E, A Distance Of Feet For A Point Of Beginning; Thence Continue S68 38'18"E Along Said Line, A Distance Of Feet To The Intersection With The Northwest Right-Of-Way Line Of Said Dunn Avenue; Thence Along Said Northwest Right-Of-Way Line N50 00'00"E, A Distance Of Feet To The Intersection With The West Right-Of-Way Line Of Hames Avenue; Thence Along Said West Right-Of-Way Line Of Hames Avenue S24 40'39"W, A Distance Of Feet To The Southeast Right-Of-Way Line Of Said Dunn Avenue; Thence Along Said Southeast Right-Of-Way Line The Following Two (2) Courses: 1) N73 58'29"W, A Distance Of Feet; 2) S49 44'04"W, A Distance Of Feet; Thence Departing Said Southeast Right-Of- Resolution Dunn Avenue Abrogation Page 2 of 4

27 27 Way Line N44 38'08"W, A Distance Of Feet; Thence Feet Along The Arc Of A Non-Tangent Curve To The Left, Having A Radius Of Feet And Central Angle Of 12 24'32" (Chord Bearing N62 14'56"W, A Distance Of Feet) To The Point Of Beginning. Containing 11,511 Square Feet or Acres, More Or Less. Section 2. Ownership of abrogated lands. Ownership in the lands disclaimed and abrogated herein, shall henceforth vest in and lie with the fee owner(s) of the lots abutting the abrogated lands, from the centerline of said abrogated land and within extensions of the boundary lines of the property of the abutting owner(s).. Section 4. This Resolution and the abrogation provided for herein shall become effective upon conveyance of title by Wigglesworth for the development of a Wawa station, approval of the Wawa site plan, and execution of a valid development plan including satisfactory road and access improvements, together with satisfactory utility easements. Passed and Resolved by a vote of the Commission this day of, Attest: Christine K. Dobkowski Mayor/Commissioner Margaret DeGennaro, MMC, CPS City Clerk Approved as to Form and Legality: Frederick E. Landt, III City Attorney Resolution Dunn Avenue Abrogation Page 3 of 4

28 28 Exhibit A Resolution Dunn Avenue Abrogation Page 4 of 4

29 29 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORM DATE OF MEETING: June 6, 2017 AGENDA ITEM: REQUESTING PARTY: Surplus Vehicle Chief Holland ATTACHMENTS: from Chief Holland dated 6/1/2017 RECOMMENDED ACTION: Motion to approve the vehicle as surplus THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

30 30 From: Terry Holland Sent: Thursday, June 01, :13 AM To: Peggy DeGennaro Cc: Sandi McKamey Subject: surplus vehicle to be put on the agenda under me. To: From: Ref: Mayor and Commission Chief Holland Surplus vehicle I would like to have the below vehicle declared as surplus so that it can be disposed of. The vehicle has not run in over a year and parts have been cannibalized from it for other operational vehicles in the fleet. I will sell locally so that we do not incur towing and auction fees that would have us paying to dispose of the vehicle Dodge Charger Vin 2B3KA43G47H Terrry Holland Terry Holland Chief of Police Belleview Police Department

31 31 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORUM DATE OF MEETING June 6, 2017 EXPLANATION OF AGENDA ITEM PRESENTING PARTY Parrish Estate Property Foreclosure Auction City Attorney Landt BACKGROUND/EXPLANATION Judge Herndon has declared a summary judgement on the Dennis Parrish Estate foreclosure and will be setting a foreclosure sale date. The subject property is a vacant derelict house on SE 113 th St. The Belleview initiated foreclosure on Code Enforcement liens in a. Public Comments b. Commission Comments ATTACHMENTS RECOMMENDED ACTIONS N/A Provide direction concerning the foreclosure sale. THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

32 32 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORUM DATE OF MEETING June 6, 2017 EXPLANATION OF AGENDA ITEM Disaster Preparedness / Emergency Event Handbook PRESENTING PARTY BACKGROUND/EXPLANATION Administrator McKamey The Disaster Preparedness Plan was originally created in 2005 and updated in This latest version provides general areas of responsibilities, with each individual department responsible for creating and maintaining their administrative procedures. The HR policies have been deleted from this version and inserted into the Personnel Manual for easier reference. a. Public Comments b. City Commission Comments ATTACHMENTS Disaster Preparedness Handbook RECOMMENDED ACTIONS Motion to approve the Disaster Preparedness Handbook. THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

33 33 Disaster Preparedness / Emergency Event Handbook Address: 5343 SE Abshier Blvd. Belleview, Fl Phone: Approved: June 07, 2005 Revised: 06/01/2010 Revised: Page 1

34 34 TABLE OF CONTENTS Generally: Marion County Comprehensive Emergency Management...3 Emergency Defined...3 Information Officer Designated...3 Departmental Priorities: Administrator s Office...4 Finance Department...4 Development Services Department...4 Information Technology Department...4 Public Works Department...4 Police Department...4 Event Readiness: Pre-Event Planning Meeting...5 Post Event Recap Meeting...5 Contact Information to be Made Available at Time of Event: Open Shelters...6 City Administrator / Department Heads...6 Mayor / Commissioners...6 City Employees...6 Priority Customer List...6 Area Contractors...6 Press Contact Information...6 Page 2

35 35 CITY OF BELLEVIEW DISASTER PREPAREDNESS / EMERGENCY EVENT HANDBOOK GENERALLY: This document is to provide an overview of disaster preparedness policies for the City of Belleview. The first priority in any disaster or storm event is the health safety and welfare of the citizens and employees of the City. As there are decisions that may need to be made spontaneously during the course of emergency, latitude is given to the City Administrator and Department Heads to carry out the City business in an efficient and expedient manner. Commissioners will be updated on a daily basis, with a final report given at the end of the event. Marion County Comprehensive Emergency Management: The City of Belleview falls under the Marion County Comprehensive Emergency Management Plan. The Marion County Emergency Operations Center posts updates and briefings as appropriate. This document is not intended to contradict the CEMP in any way, but to clarify the areas of responsibilities for City staff and elected officials. Personnel Policies for City staff during an emergency or storm event are delineated in the Personnel Manual. Emergency Defined: For purposes of this section, the term "emergency" will be construed to mean circumstances including, but not limited to, civil disturbances such as riots, disorders and violence arising from various gatherings, as well as natural disasters such as hurricanes, floods, explosions, tornadoes, aircraft or industrial accidents and major fires. A county wide disaster is declared by the Marion County Commission. The City may fall under the County wide disaster or declare a localized disaster or emergency by Proclamation of the Mayor in accordance with the City Charter. A beginning date and tentative ending date of the disaster or emergency will be defined in the Mayoral Proclamation. The City Administrator will notify the Mayor and Commissioners when the event has passed and the proclamation is lifted. Information Officer Designated: The goal of the Information Officer is to distribute appropriate information pertaining to the disaster to the staff, commission, and the citizens of the City of Belleview. As there are many types of emergencies, the City Administrator will appoint the individual who has the most knowledge in the type of emergency at the time of the disaster or emergency event. The appointed Information Officer will work closely with the City Administrator and department heads to provide accurate and consistent information to the elected officials, citizens, press and other media outlets during the course of the disaster or emergency event. Page 3

36 36 DEPARTMENTAL PRIORITIES: Administrator s Office: City Administrator: The City Administrator will be available in overall guidance and direction, insuring the smooth coordination of City operations and information dissemination. Clerk s Office: The City Clerk is the primary contact with elected officials during the storm or emergency event, insuring that meetings are properly noticed, and assisting in processing storm related documents. Human Resources: The Human Resources / Risk Management Coordinator is the primary contact for any storm related claim processing, whether worker s compensation or liability claims. Finance Department: The Finance Department relies heavily on technology to for their daily operations. In the case of interruption of service, the objectives will be met by operating manually to insure the utility billing / customer service and accounting functions will continue to operate with integrity and minimal interruption until such time as service is restored. Development Services: Development Services staff s main function will be during the damage assessment and recovery period. The Building Official will identify uninhabitable structures and determine an appropriate level of response for emergency repair permits. During recovery the Belleview Building Official will determine substantially damaged buildings according FEMA standards. Information Technology: Information Technology is responsible to safeguard the City s data through pre-event backup procedures. Should an operational failure occur, equipment purchase and recovery of data may take up to two weeks and will be prioritized by need at the time of the event. Public Works: The Public Works Department is responsible to maintain the potable water supply and sanitary sewer services to all of its customers; insure that emergency access routes and main city streets are cleared for traffic; and minimize damage from potential flood waters. Police Department: The Police Department is responsible for the safety and security of the citizens and employees of the City of Belleview, assisting in any way possible. Page 4

37 37 EVENT READINESS: Each individual city department has procedures and protocol to follow during the course of a natural disaster or emergency event, many mandated by state and federal regulations. This manual is not intended to define each department s operational procedures, but to give general guidance and areas of responsibility. PRE-EVENT PLANNING MEETING: Hurricane season is from June 1 to November 30th. Once a significant threat of a disaster is evident, or the City has been subjected to damage from a severe thunderstorm, tornado, hurricane or other disaster event, the City must, at once, begin the planning and briefing stage for both elected officials and staff. When there is an imminent threat, a pre-event meeting will be called with the City Administrator and Department Heads to evaluate the potential risk factors and city responsibilities. In accordance with the Charter of the City of Belleview, the Mayor will issue a formal proclamation approved by the City Commission during the times of grave public danger or emergency. Briefings for employees will also be held for that would include a review of procedures if necessary, and the release of schedules for employees to take care of family and property if circumstances warrant. POST EVENT RECAP MEETING: A post event wrap up meeting will be held with the Mayor, Commissioners, City Administrator, Department Heads and Supervisors as soon as practical after the event. The purpose of the meeting will be to provide information, evaluate procedures and assess financial ramifications. Each department will give an update of their areas of responsibilities. Situations will be addressed as to what was done well and how they could be improved. The tone of the meeting should be one of teamwork, with the focus on responsiveness, areas of need and improvement. Page 5

38 38 INFORMATION TO BE MADE AVAILABLE AT TIME OF EVENT: EMERGENCY CONTACT INFORMATION FOR CITY ADMINISTRATOR AND DEPARTMENT HEADS EMERGENCY CONTACT INFORMATION FOR CITY COMMISSIONERS EMERGENCY CONTACT INFORMATION FOR EMPLOYEES TO BE INSERTED EMERGENCY CONTACT INFORMATION FOR CONTRACTORS PRESS CONTACT INFORMATION Page 6

39 39 CITY OF BELLEVIEW PARTICIPATION/DISCUSSION TOPIC FORUM DATE OF MEETING June 6, 2017 EXPLANATION OF AGENDA ITEM Personnel Manual Emergency Events / Declared Disasters PRESENTING PARTY BACKGROUND/EXPLANATION Administrator McKamey In streamlining the Disaster Preparedness Handbook, the HR policies were removed to be included in our current Personnel Manual. The policy is the same with some minor changes for clarity. a. Public Comments b. City Commission Comments ATTACHMENTS Emergency Events / Declared Disasters RECOMMENDED ACTIONS Motion to approve insertion into the Personnel Manual. THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

40 40 PERSONNEL MANUAL EMERGENCY EVENTS / DECLARED DISASTERS: EMERGENCY DEFINED: For purposes of this section, the term "emergency" may mean any event that threatens the health, safety and welfare of the Citizens of Belleview without immediate action. Declared disasters may be county wide, as specified by the Marion County Commission, or named by Resolution of the City Commission. EMPLOYEE SAFETY: Contact Information / Maximum Hours Worked: Employee and citizen safety is the first priority of the City of Belleview. The City will do all it can to allow employees time to secure their homes and families. It is important that the City know where the employee is and where their family is staying, whether they are staying in their homes, with area family or friends, or at a designated shelter. To insure the safety of the employees and citizens, consideration will be given to all employees in regard to the effects of fatigue and exhaustion during such conditions. The maximum amount of hours worked in response to the emergency or special conditions shall be no more than 16 hours in a 24 hour period. During times of emergency, the City will maintain a food and water supply for those employees who are required to work through the emergency. Employee Accidents / Injury: All accidents/injuries must be reported and documented. Any employee, who has an accident, whether or not there is an injury, must submit to a post-accident drug test. Their immediate supervisor will take them to one of the approved City facilities for this procedure. Even if there is no injury, an incident report must be completed and forwarded to the Human Resources Office. Notify the HR/Risk Management Coordinator immediately when there is any injury requiring medical treatment. All employees requiring either medical treatment or drug testing should be taken to one of the following facilities: Accidents and injuries will be reported and handled in accordance with City policy. Notify the HR/Risk Management Coordinator and the City Administrator immediately in case of serious injury or death of an employee. The Chief of Police will notify the next of kin. EMPLOYEE STATUS DEFINED: Essential employees: Essential employees are those who will most likely be required to work during a disaster, storm event or other emergency and include both exempt and non-exempt status employees. Specific essential employees are all sworn police officers, all public works field employees, specified office employees delineated at the time of the disaster event, and all department heads. Department Heads will coordinate work schedules to make reasonable accommodations for family protection; however, all days off and vacations may be cancelled. Deferment from recall will be made on a case by case basis by the Department Head or his/her designee.

41 41 Stand by / Recall: In the event of a pending natural disaster, all personnel must check in with their supervisor for recall or standby instructions. If placed on standby status, all personnel will be required to notify their supervisor of their location and telephone number where they can be reached at all times and ready to respond when necessary. When a recall is implemented, all days off and vacations may be cancelled. Personnel who are already on days off or vacation should be contacted and advised when to return. Deferment from recall will be made on a case by case basis by the Department Head or his/her designee. Dependent upon the type of incident, personnel may be given minor schedule changes or may be divided and placed on 12-hour or longer shifts. During times of emergency, the City will maintain a food and water supply for those employees who are required to work through the emergency. PAY POLICIES DURING EVENT: Suspension of Normal Business Operations: If it becomes necessary for the city to suspend normal business operations, employees may be released from work and granted paid administrative leave for those hours of their regular workday that they are excused from work. Such paid administrative leave shall not be considered as actual work time for the purpose of computing overtime. Scheduled Time Off: Employees who have scheduled time off during any period of time covered by the event and not required to report to work, will continue to have those hours accounted for per the previously approved leave. PAY POLICIES SPECIFIC TO A DECLARED EMERGENCY: Journal / Logs: It is important for grant reporting to properly monitor the daily activities during the course of a declared emergency. Pocket journals or logs will be given to all employees, including supervisors and department heads, working during a declared emergency. This journal will be used to log in daily activities and events, including such items as weather conditions, power outages and locations, conversations with other agencies or vital contacts and any other miscellaneous items of importance, as well as various equipment and machinery used. Each day will be logged separately with the day s activities logged to the quarter hour. Emergency Pay / Non-Exempt (Hourly) Employees: During a declared emergency, hourly employees will be paid at overtime rate of one and one half times their regular rate of pay for all hours required to work during the declared emergency. Emergency Pay / Exempt (Salaried) Employees: Exempt employees required to work during a declared emergency will be compensated for hours worked in excess of their normally scheduled workweek, and are required to accurately record actual hours worked in accordance with the Journals / Logs section above. The rate of pay for such additional hours worked shall be equivalent to the exempt employee s hourly rate of pay computed as if the employee was not paid on a salary basis. Nothing herein shall be construed to affect the exempt status of such employees.

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