CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING AGENDA DATE: TUESDAY, NOVEMBER 22, 2016 TIME: 7:00 P.M. PLACE: WILLISTON CITY COUNCIL ROOM CALL TO ORDER ROLL CALL MEMBERS: Mayor R. Gerald Hethcoat President Charles Goodman Vice-President Nancy Wininger Councilman Danny Etheridge Councilman Matt Brooks Councilman Elihu Ross OTHERS: City Manager Scott Lippmann City Clerk Frances Taylor City Attorney Fred Koberlein OPENING PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG ITEM 1 ADDITIONS, DELETIONS, CHANGES AND APPROVAL OF THE AGENDA ITEM 2 INVESTITURE OF NEW COUNCILMEMBER KORI LAMB ITEM 3 PUBLIC PARTICIPATION ITEM 4 OLD BUSINESS A. RESOLUTION 2016-75, 2016-78, 2016-79: APPROVING THE PACE PROGRAM WITHIN THE BOUNDARIES OF THE CITY OF WILLISTON (pp 3 42) B. ORDINANCE 659 (SECOND READING): AMENDING THE FOWL ORDINANCE FOR THE CITY OF WILLISTON (pp 43 56) C. UPDATE: NOISE ORDINANCE D. UPDATE: STRATEGIC PLAN E. UPDATE: SALARY STUDY WORKSHOP F. UPDATE: CITY HALL RFP ITEM 5 NEW BUSINESS A. RESOLUTION 2016-80: APPROVING ELECTION DATES AND TIMELINE FOR THE 2017 MUNICIPAL ELECTION (pp 57 61) B. RESOLUTION 2016-81: APPOINTING THE CANVASSING BOARD FOR THE 2017 MUNICIPAL ELECTION (pp 62 63) C. DISCUSSION: REVIEW AND DISTRIBUTION OF THE CITY CLERK ANNUAL EVALUATION FORM (pp 64 70)
CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING Agenda 2 November 22, 2016 D. RESOLUTION 2016-82: APPROVING A BUDGET AMENDMENT FOR THE 2015-16 AIRPORT FUND BUDGET (pp 71 72) E. RESOLUTION 2016-83: AUTHORIZING A WRITE OFF OF UNCOLLECTABLE ACCOUNTS FOR THE UTILITY FUND (pp 73 83) F. RESOLUTION 2016-84: AUTHORIZING A WRITE OFF OF UNCOLLECTABLE ACCOUNTS FOR THE AIRPORT FUND (pp 84 86) G. REPORTS: SEPTEMBER FINANCIAL REPORTS (pp 87 108) ITEM 6 PUBLIC PARTICIPATION ITEM 7 ANNOUNCEMENTS ITEM 8 ADJOURNMENT Council Meeting Procedures for members of the Public 1. All cell phones to be turned off when entering the Council Chambers; 2. Once the audience has taken their seat and the meeting begins, there will be no talking between audience members during the course of the Council meeting. If anyone continues to talk within the audience and is called down 3 times during the course of the meeting, on the third time that person will be escorted out of the Council meeting; 3. The audience must be recognized by the President before being allowed to address the Council; 4. The member of the audience that is recognized will proceed to the podium, state their name and then proceed with their comments; 5. The audience member will be limited to not more than 5 minutes to speak based on Resolution 2003-14; 6. There will be no personal attacks made by any member in the audience toward a sitting Councilperson, and likewise for any sitting Councilperson; 7. There will be no conversation between a member of the audience that has been recognized and any other member of the audience when speaking while at the podium; 8. If an audience member wants to speak more than the allotted 5 minutes allowed then that person should make a request to City Hall so that the item may be placed on the agenda. Minutes of the City Council meeting may be obtained from the City Clerk s office. The minutes are recorded, but not transcribed verbatim. Persons requiring a verbatim transcript may make arrangements with the City Clerk to duplicate the recordings, or arrange to have a court reporter present at the meeting. The cost of duplication and/or court reporter will be borne by the requesting party. In accordance with Section 286.0105, Florida Statutes, notice is given that if a person wishes to appeal a decision made by the City Council with respect to any matter considered at this meeting they will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is based. In accordance with Section 286.26, Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the Mayor through the City Clerk s office no later than 5:00 P.M. on the day prior to the meeting.
Date: November 22, 2016 COUNCIL AGENDA ITEM TOPIC: PACE Program Agreements and Resolutions REQUESTED BY: SCOTT LIPPMANN PREPARED BY: Scott Lippmann BACKGROUND / DESCRIPTION: Ms. Cindy Babione approached the City asking that it consider participating in the PACE program (Property Assessed Clean Energy). This program provides energy efficient upgrades for roofing, HVAC, insulation, and other energy saving measures. The basic outline of the PACE program is as follows: You have to be a property owner You must have equity in the home Property taxes must not be in arrears for at least the past 3 years It is an avenue to repay a loan There are 4 approved finance companies in the state of Florida authorized to facilitate this program; two of them have approached the City of Williston The finance company prequalifies contractors, so you know that you will be getting a quality contractor The finance company pays the contractor in full once the job is completed The homeowner will repay the finance company through an assessment on their annual tax bill The term of repayment is based on the improvement (HVAC up to 15 years, roofing up to 25 years) The loan is attached to the property, not the person, if you sell your home the assessment can be transferred to the new homeowner or be paid off at closing No prepayment penalty, you can pay it off at any tine Not income based, so if you have savings but don t want to use it, you can use this program; or low income, it doesn t matter as long as you have equity It is not based on credit score It is not based on income This is one way to help our citizens with weatherizing their homes. During the November 1, 2016 City Council meeting, the Council reviewed the program and directed staff to return with the appropriate resolutions and agreements pertaining to each of the three providers who have expressed an interest in participating in the program. These materials are included for Council s review and approval. LEGAL: REVIEW: Review and Approved 2016 FISCAL IMPACTS: none to the City. RECOMMENDED ACTION: Discuss; Approve resolutions. November 22, 2016 Agenda Packet 3 of 108
Date: November 22, 2016 ATTACHMENTS: COMMISSION ACTION: APPROVED DISAPPROVED November 22, 2016 Agenda Packet 4 of 108
RESOLUTION NO. 2016-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA, EXPRESSING THE CITY S SUPPORT AND INTENTION TO CREATE WITHIN ITS BOUNDARIES, THE RENEWPACE PROGRAM A VOLUNTARY PROGRAM PROVIDING INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY, RENEWABLE ENERGY AND WIND RESISTANCE IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT THROUGH NON-AD VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR OF WILLISTON TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY FOR ADMINISTRATION OF THE RENEWPACE PROGRAM IN THE CITY OF WILLISTON; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, home and business energy consumption accounts for a large portion of the overall usage of energy in a community; and WHEREAS, there is a vast quantity of existing structures with many years of remaining life before replacement, and these structures are not as energy efficient as today s standards, nor do many existing buildings have renewable energy systems installed to provide some or all of their electric energy needs and many buildings are in need of improvements to protect them against damage from storm events; and WHEREAS, installing energy efficiency, renewable energy and wind resistance improvements on existing structures can provide significant progress towards increased energy conservation and protection of properties in the City of Williston and statewide; and WHEREAS, the upfront costs of these improvements are a hurdle to installing them and existing financing options may be insufficient for property owners to access cost-effective financing for energy-saving or wind-resistance property improvements due to requirements associated with traditional debt or equity financing options; and WHEREAS, the expected life of energy efficiency, renewable energy or wind resistance projects may require a longer term payback period than offered by traditional financing, which may necessitate alternative options to fund installation of the improvements; and WHEREAS, local governments within Florida and nationally have either formed, or are contemplating the formation of, programs to provide alternative financing options allowing a property owner to voluntarily finance energy efficiency and renewable energy improvements through payment of non-ad valorem assessments; and WHEREAS, the State of Florida has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation and protecting properties from wind damage; and WHEREAS, the financing provided to these participating property owners will be repaid November 22, 2016 Agenda Packet 5 of 108
though non-ad valorem assessments and only those property owners who request to participate will be levied the assessments; and WHEREAS, the benefits of these energy financing programs include improved air quality, lowered fossil fuels use, creating energy independence and security, promoting the creation of jobs and economic development by stimulating green industries and saving citizens money by reducing energy consumption; and WHEREAS, Section 163.08, F.S. authorizes local governments in Florida to either form individually, or in partnership with other local governments, programs to allow property owners to voluntarily finance energy efficiency, renewable energy or wind resistance improvements; and WHEREAS, the City of Williston has formed the RenewPACE program which is an energy financing program created pursuant to Section 163.08, F.S.; and WHEREAS, other local governments in the State are able to partner in the RenewPACE program by executing an Interlocal Agreement for administration of the program, thus eliminating the costs and reducing the efforts to form an energy financing program by individual local governments; and WHEREAS, the Florida Green Finance Authority has already created the financing, levy and collection process to implement the RenewPACE program through the local government partners; and WHEREAS, the RenewPACE program will provide significant benefits including property owner cost savings, enhancing property values, economic development and job opportunities and the City of Williston believes that it is in the best interests of the health, safety and welfare of its citizens to participate in the program; and WHEREAS, the City Manager and City Attorney are authorized to finalize the Second Amended and Restated Interlocal Agreement joining the Florida Green Finance Authority s RenewPACE program and offer it within the City of Williston. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA, THAT: Section 1. The above declarations are true and accurate, and are incorporated herein. Section 2. The City Council of Williston, a political subdivision of the State of Florida, hereby authorizes participation in the Florida Green Finance Authority to implement the RenewPACE program. Section 3. The City Council hereby directs the City Manager and City Attorney to finalize the Second Amended and Restated Interlocal Agreement with the Florida Green Finance Authority, and further authorizes the Mayor of the City of Williston to execute the Party Membership 2 RES. NO. 2016-75 November 22, 2016 Agenda Packet 6 of 108
Agreement joining the Second Amended and Restated Interlocal Agreement on behalf of the City. Section 4. The City Council hereby directs that the City Manager and City Attorney authorize membership in the Florida Green Finance Authority to offer the RenewPACE program within the City of Williston. Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on the 22nd day of November, 2016. ATTEST: Charles Goodman, President Frances V. Taylor, City Clerk 3 RES. NO. 2016-75 November 22, 2016 Agenda Packet 7 of 108
Party Membership Agreement To The Florida Green Finance Authority WHEREAS, Section 163.01, F.S., the Florida Interlocal Cooperation Act of 1969, authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the City of Williston, Florida, a Florida municipal corporation ("Williston") desires to enter into an Interlocal Agreement establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy and water conservation and efficiency, renewable energy and wind-resistance improvements, and to provide additional services consistent with law; and WHEREAS, the City of Williston desires to become a member of the Florida Green Finance Authority in order to facilitate the financing of qualifying improvements for properties located within the City of Williston. NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Florida Green Finance Authority and the City of Williston, is hereby accepted and executed on the date last signed below by this Party Membership Agreement. 2. The Florida Green Finance Authority, together with its member Parties, and the City of Williston, with the intent to be bound thereto, hereby agree that the City of Williston shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties to the Interlocal Agreement. 3. The Service Area of the Florida Green Finance Authority shall include the legal boundaries of the City of Williston, as the same may be more specifically designated by the City of Williston or amended from time to time. 4. The City of Williston designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: City of Williston: With a copy to: Attn: City Manager, City of Williston 50 NW Main Street Williston, FL 32696 City Attorney, City of Williston 50 NW Main Street Williston, FL 32696 5. This Party Membership Agreement shall be filed by the Authority with the City Clerk in the Public Records of the City of Williston, in accordance with Section 163.01(11), Florida Statutes. 1 November 22, 2016 Agenda Packet 8 of 108
IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST: The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes By: By: Secretary of the Authority Chair of the Authority Approved by Authority Attorney as to form and legal sufficiency Authority Attorney ATTEST: CITY OF WILLISTON Frances V. Taylor, City Clerk Clerk of the City Council of the City of Williston, Florida By: Charles Goodman, Council President 22nd day of November, 2016. Approved as to form by: City of Williston, City Attorney 50 NW Main Street Williston, FL 32696 By: Fred Koberlein (Date) City Attorney 2 November 22, 2016 Agenda Packet 9 of 108
RESOLUTION NO.: 2016-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA, PROVIDING FOR VOLUNTARY IMPROVEMENTS TO REAL PROPERTY, AS AUTHORIZED BY THE LEGISLATURE; RECOGNIZING AN ALTERNATIVE MECHANISM FOR THE FINANCING OF ENERGY CONSERVATION AND EFFICIENCY IMPROVEMENTS, RENEWABLE ENERGY IMPROVEMENTS, AND WIND RESISTANCE IMPROVEMENTS; AUTHORIZING THE EXECUTION OF A NON-EXCLUSIVE INTERLOCAL SUBSCRIPTION AGREEMENT WITH THE FLORIDA PACE FUNDING AGENCY AND DIRECTING CITY OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS TO TAKE SUCH ACTIONS AS MAY BE NECESSARY OR DESIRABLE IN FURTHERANCE OF THE PURPOSES OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.08, Florida Statutes (the "Supplemental Act"), authorizes local governments to establish and administer financing programs pursuant to which owners of real property may obtain funding for energy conservation and efficiency, renewable energy and wind resistance improvements (as referred to therein, the "Qualifying Improvements"), and repay such funding through voluntary special assessments, sometimes referred to as non-ad valorem assessments ("Special Assessments"), levied upon the improved private property evidenced by financing agreements between the owner thereof and the local government (the "Financing Agreements"); and WHEREAS, installing Qualifying Improvements on existing structures can reduce the burdens resulting from fossil fuel energy production, including greenhouse gas reductions; and WHEREAS, increased energy conservation, and installing wind resistance improvements on existing structures can reduce repair and insurance costs, and the burdens placed on surrounding properties resulting from high wind storms and hurricanes; and November 22, 2016 Agenda Packet 10 of 108
Resolution authorizing execution of Non-exclusive Interlocal Subscription Agreement with The Florida PACE Funding Agency WHEREAS, the Florida PACE Funding Agency (the "Agency"), is a separate legal entity and distinct unit of local government, and was established by separate interlocal agreement for the express purpose of providing a scalable and uniform platform to facilitate the funding and financing of Qualifying Improvements to private property owners throughout Florida (the Program ); and WHEREAS, the mission of the Agency is to aspire to and undertake to provide an efficient and scalable statewide platform in Florida, to assist interested private property owners with the funding and financing of energy conservation, renewable energy, and wind-resistance improvements to achieve the public purposes and compelling state interest articulated in Section 163.08(1), Florida Statutes; and WHEREAS, the Agency has presented a binding Final Judgment in favor of Agency representations which provides, among other things, that by approving or making available the Agency's Program, the City of Williston (the City or Williston ), as a subscribing or participating local government relative to the Agency's Program, shall not in any manner obligate the City to pay any debts, obligations or liabilities arising as result of any actions of the Agency, or its officials or agents; and, that the Agency has no authority or power to independently obligate the City of Williston whatsoever; and WHEREAS, the City of Williston recognizes that the Agency's non-exclusive Program presents a direct and immediate means to non-exclusively implement and advance positive local economic activity, job creation, energy efficiency, renewable energy and wind resistant activities; and 2 November 22, 2016 Agenda Packet 11 of 108
Resolution authorizing execution of Non-exclusive Interlocal Subscription Agreement with The Florida PACE Funding Agency WHEREAS, the Agency asks for no money, credit or staff assistance, has agreed to abide by general law, and welcomes fair competition to serve; accordingly, it is reasonable and in the interest of the health, safety, and welfare of the City and its inhabitants and taxpayers that the City recognize and also subscribe to the availability of the Agency's Program within City of Williston in the manner authorized by law; and WHEREAS, the City Council of the City of Williston, Florida, deems it to be in the interest of the citizens, residents, and property owners of the City to authorize the appropriate City officials to execute an interlocal agreement between the Florida PACE Funding Agency and the City, in a considered effort to provide an alternative, supplemental, and non-exclusive means to achieve, inter alia, immediate and local economic development, commerce and job creation, as well as achieve the compelling State interest and public purposes described in the Supplemental Act. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are incorporated in this Resolution as if fully set forth herein and are approved and adopted. SECTION 2. NON-EXCLUSIVE INTERLOCAL SUBSCRIPTION AGREEMENT. The Non-Exclusive Interlocal Subscription Agreement ("Subscription Agreement"), a copy of which is attached hereto as Exhibit "A," and incorporated herein, is hereby approved. The Chair, or alternatively the City Manager, is hereby authorized and directed to execute and record the Subscription Agreement on behalf of the City. The City of Williston hereby delegates to the City 3 November 22, 2016 Agenda Packet 12 of 108
Resolution authorizing execution of Non-exclusive Interlocal Subscription Agreement with The Florida PACE Funding Agency Manager, or his or her designee, the discretion and authority to allow the Agency to use and display the City logo for communicative purposes associated with the Program. The City Manager or his/her designee, City Attorney, City staff, officials and agents are hereby authorized and directed to take all such actions and execute and deliver such other documents as may be necessary or desirable in furtherance of the purposes set forth herein and in the Subscription Agreement. SECTION 3. All resolutions or parts of resolutions on in conflict herewith be, and the same are hereby repealed to the extent of such conflict. SECTION 4. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. [Remainder of page intentionally left blank.] 4 November 22, 2016 Agenda Packet 13 of 108
Resolution authorizing execution of Non-exclusive Interlocal Subscription Agreement with The Florida PACE Funding Agency SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. THE CITY OF WILLISTON a municipal corporation and general purpose local government duly organized and existing under and by virtue of the laws of the State of Florida (SEAL) By: Charles Goodman, Council President ATTEST: Approved as to form: Frances V. Taylor, City Clerk Frederick L. Koberlein, Jr., City Attorney November 22, 2016 Agenda Packet 14 of 108 5
Resolution authorizing execution of Non-exclusive Interlocal Subscription Agreement with Florida PACE Funding Agency EXHIBIT A NON-EXCLUSIVE INTERLOCAL SUBSCRIPTION AGREEMENT November 22, 2016 Agenda Packet 15 of 108
NON-EXCLUSIVE INTERLOCAL SUBSCRIPTION AGREEMENT RELATING TO THE FUNDING AND FINANCING OF QUALIFYING IMPROVEMENTS BY THE FLORIDA PACE FUNDING AGENCY Between THE CITY OF WILLISTON, FLORIDA, and THE FLORIDA PACE FUNDING AGENCY November 22, 2016 Agenda Packet 16 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston TABLE OF CONTENTS ARTICLE I DEFINITIONS AND CONSTRUCTION PAGE SECTION 1.01. DEFINITIONS... 1 SECTION 1.02. CONSTRUCTION... 3 SECTION 1.03. SECTION HEADINGS... 3 SECTION 1.04. FINDINGS... 3 ARTICLE II SUBSCRIPTION SECTION 2.01. AUTHORITY... 5 SECTION 2.02. CREATION OF STATE, COUNTY OR MUNICIPAL DEBTS PROHIBITED... 5 SECTION 2.03. ADOPTION OF RATES, FEES AND CHARGES... 5 SECTION 2.04. FINANCING AGREEMENTS... 6 SECTION 2.05. IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO FINANCING AGREEMENTS... 6 SECTION 2.06. COLLECTION OF SPECIAL ASSESSMENTS... 7 SECTION 2.07. PLEDGE OF PROCEEDS FROM NON-AD VALOREM ASSESSMENTS... 7 SECTION 2.08. CARBON OR SIMILAR CREDITS... 8 ARTICLE III GENERAL PROVISIONS SECTION 3.01. INTERLOCAL AGREEMENT PROVISIONS... 9 SECTION 3.02. DISCLOSURE... 9 SECTION 3.03. TERM OF AGREEMENT, DURATION OF AGREEMENT; EXCLUSIVITY... 9 SECTION 3.04. AMENDMENTS AND WAIVERS... 10 SECTION 3.05. NOTICES... 10 SECTION 3.06. QUALITY CONTROL AND COMMUNICATION... 11 SECTION 3.07. IMMUNITY; LIMITED LIABILITY... 12 SECTION 3.08. BINDING EFFECT... 12 SECTION 3.09. SEVERABILITY... 13 SECTION 3.10. EXECUTION IN COUNTERPARTS... 13 SECTION 3.11. APPLICABLE LAW... 13 SECTION 3.12. ENTIRE AGREEMENT... 13 i November 22, 2016 Agenda Packet 17 of 108
NON-EXCLUSIVE INTERLOCAL SUBSCRIPTION AGREEMENT RELATING TO THE FUNDING AND FINANCING OF QUALIFYING IMPROVEMENTS BY THE FLORIDA PACE FUNDING AGENCY THIS NON EXCLUSIVE INTERLOCAL SUBSCRIPTION AGREEMENT is made and entered into as of 1, 20 (the Subscription Agreement ), by and between the City of Williston (the Subscriber ), and the Florida PACE Funding Agency, a separate legal entity and public body and unit of local government, established pursuant to Section 163.01(7)(g), Florida Statutes, (the Agency ), by and through their respective governing bodies. The purpose of the Subscription Agreement is to secure, in an efficient and uniform manner, for the Property Owners (as hereinafter defined) within the jurisdiction and boundaries of the Subscriber the privileges and benefits provided for herein and by law, and particularly by Section 163.08, Florida Statutes, as amended (the Supplemental Act ), relating to the voluntary determination by affected property owners to obtain and finance certain improvements to property for energy efficiency, renewable energy or wind resistance. W I T N E S S E T H: NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration each to the other, receipt of which is hereby acknowledged by each party, the Subscriber and the Agency hereby agree, stipulate and covenant as follows: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Agreement, the following terms shall have the meanings as defined unless the context requires otherwise: Board of Directors means the governing body of the Agency. Agency means the Florida PACE Funding Agency, a separate legal entity and public body and unit of local government. The name or acronym PACE is derived from the concept commonly referred to as property assessed clean energy and relates hereto to the provisions of general law related to energy efficiency, renewable energy and wind resistance improvements encouraged by Section 163.08, Florida Statutes. Agency Charter Agreement or Charter means, unless the context otherwise requires, the separate interlocal agreement which created and established the Agency, including any amendments and supplements hereto executed and delivered in accordance with the terms thereof. November 22, 2016 Agenda Packet 18 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston Financing Agreement means the agreement authorized hereunder and by the Supplemental Act (specifically including section 163.08(4) thereof) between the Agency and a Property Owner providing for the funding to finance Qualifying Improvements and the imposition of a non-ad valorem Special Assessment against the Property Owner s assessed property. Financing Documents shall mean the resolution or resolutions duly adopted by the Agency, as well as any indenture of trust, trust agreement, interlocal agreement or other instrument relating to the issuance or security of any bond or Obligations of the Agency and any agreement, pursuant to which the Property Owners obtain access to funds provided by the Agency. Obligations shall mean a series of bonds, obligations or other evidence of indebtedness, including, but not limited to, notes, commercial paper, certificates or any other obligations of the Agency issued pursuant hereto, or under any general law provisions, and pursuant to the Financing Documents. The term shall also include any lawful obligation committed to by the Agency or pursuant to an interlocal agreement with another governmental body or agency and/or warrants issued for services rendered or administrative expenses. Pledged Funds shall mean (A) the revenues derived from Special Assessments and other moneys received by the Agency or its designee relating to some portion thereof, (B) until applied in accordance with the terms of the Financing Documents, all moneys in the funds, accounts and sub-accounts established thereby, including investments therein, and (C) such other property, assets and moneys of the Agency as shall be pledged pursuant to the Financing Documents; in each case to the extent provided by the Board of Directors pursuant to the Financing Documents. The Pledged Funds pledged to one series of Obligations may be different than the Pledged Funds pledged to other series of Obligations. Pledged Funds shall not include any general or performance assurance fund or account of the Agency. Program means the program operated by the Agency to provide financing for Qualifying Improvements undertaken within this State and the geographic bounds of the Subscriber. The Agency s Program is non-exclusive; and, the Subscriber may embrace or authorize any similar program under the Supplemental Act as the Subscriber sees fit and in the interest of the public. "Property Owner" means, collectively, all of the record owners of real property subject to a Financing Agreement. Qualifying Improvements means those improvements for energy efficiency, renewable energy, or wind resistance described in the Supplemental Act authorized to be affixed and/or installed by the Property Owner of an affected property. The term does not include similar improvements underwritten or financed by local, state or federal programs including, but not limited to State Housing Initiatives Partnership or SHIP Program, which are not secured by a special or non-ad valorem assessment. Special Assessments means the non-ad valorem assessments authorized by the Supplemental Act and levied by the Agency on property owned by a Property Owner who has 2 November 22, 2016 Agenda Packet 19 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston entered into a Financing Agreement with the Agency to fund the costs of Qualifying Improvements. Subscriber means the City of Williston, Florida, a general purpose local government duly organized and existing under and by virtue of the laws of the State of Florida. Subscription Agreement or Interlocal Agreement means this interlocal agreement, or if the context requires a similar interlocal agreement between the Agency and any municipality, county or other government or separate legal entity permitted by the Supplemental Act to enter into Financing Agreements as provided for therein. The term subscription in the context simply presents a means of making available the service of funding and financing of Qualifying Improvements by the Agency to interested private property owners as provided by general law. Supplemental Act means the provisions of, and additional and supplemental authority described in, Section 163.08, Florida Statutes, as amended. SECTION 1.02 CONSTRUCTION. (A) Words importing the singular number shall include the plural in each case and vice versa, and words importing persons shall include firms and corporations. The terms herein, hereunder, hereby, hereto, hereof, and any similar terms, shall refer to this Subscription Agreement; the term heretofore shall mean before the date this Subscription Agreement is executed; and the term hereafter shall mean after the date this Subscription Agreement is executed. (B) Each recital, covenant, agreement, representation and warranty made by a party herein shall be deemed to have been material and to have been relied on by the other party to this Subscription Agreement. Both parties have independently reviewed this Subscription Agreement with their own counsel and covenant that the provisions hereof shall not be construed for or against either the Subscriber or the Agency by reason of authorship. SECTION 1.03. SECTION HEADINGS. Any headings preceding the texts of the several Articles and Sections of this interlocal agreement and any table of contents or marginal notes appended to copies hereof shall be solely for convenience of reference and shall neither constitute a part of this Subscription Agreement nor affect its meaning, construction or effect. that: SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared (A) The State Legislature has determined there is a compelling state interest in enabling private property owners to voluntarily finance Qualifying Improvements with local government assistance. The actions authorized by the Supplemental Act, including the financing of Qualifying Improvements through the execution of Financing Agreements and the related imposition of a Special Assessment, are reasonable and are necessary for the prosperity and welfare of the State, and its property owners and inhabitants. (B) The Agency has provided to the Subscriber a binding Final Judgment that expressly evidences the Agency is distinct from the Subscriber and that the Subscriber shall not 3 November 22, 2016 Agenda Packet 20 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Agency or its agents, and the Agency has no independent power to obligate the Subscriber. (C) Nothing in this Agreement does, nor shall be construed to empower the Agency to obligate or foist any liability upon the Subscriber in any manner, without the express written permission of both parties; and no such permission is included in this Agreement. (D) The availability of the non-exclusive Program offered by the Agency (without cost to, assumption of liability by or demand upon the credit of the City of Williston) and the voluntary participation in the Program by Property Owners provides an alternative financing option to private property owners to finance and repay the costs to provide and install Qualifying Improvements. (E) The Agency is authorized by law pursuant to the provisions of the Supplemental Act to undertake the Program. (F) This Agreement provides an alternative, supplemental and non-exclusive means to encourage and achieve, inter alia, immediate local economic development in a manner provided by the Legislature, provide for local commerce and job creation, as well as achieving the compelling State interest and public purposes described in the Supplemental Act. [Remainder of page intentionally left blank.] 4 November 22, 2016 Agenda Packet 21 of 108
ARTICLE II SUBSCRIPTION Non-Exclusive Interlocal Subscription Agreement City of Williston SECTION 2.01. AUTHORITY. (A) The execution hereof has been duly authorized by the resolution of the governing bodies of each party hereto. (B) The Agency by this Subscription Agreement is approved to act to provide its lawful services, and lawfully conduct its affairs, within the City of Williston. (C) hereto. This Subscription Agreement may be amended only by written amendment SECTION 2.02. CREATION OF STATE, COUNTY OR MUNICIPAL DEBTS PROHIBITED. The Agency shall not be empowered or authorized in any manner to create a debt as against the State, county, or any municipality, and may not pledge the full faith and credit of the State, any county, or any municipality. All revenue bonds or debt obligations of the Agency shall contain on the face thereof a statement to the effect that the State, county or any municipality shall not be obligated to pay the same or the interest and that they are only payable from Agency revenues or the portion thereof for which they are issued and that neither the full faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of revenue or refunding bonds under the provisions of law, the Charter Agreement, or this Subscription Agreement shall not directly or indirectly or contingently obligate the State, or any county or municipality to levy or to pledge any form of ad valorem taxation or other county or municipal revenues or to make any appropriation for their payment. SECTION 2.03. ADOPTION OF RATES, FEES AND CHARGES. (A) The Board of Directors necessarily must adopt or authorize from time to time by resolution such rates, fees or other charges for the provision of the services of the Agency to be paid by the Property Owner pursuant to a Financing Agreement described in the Supplemental Act. (B) Such rates, fees and charges shall be adopted and revised so as to provide moneys, which, with other funds available for such purposes, shall be at least sufficient at all times to pay the expenses of administering, managing, and providing for the services and administration of the activities of the Agency, to pay costs and expenses provided for by law or the Charter Agreement and the Financing Documents, and to pay the principal and interest on the Obligations as the same shall become due and reserves therefore, and to provide for necessary administration and reasonable margin of safety over and above the total amount of such payments. Notwithstanding any other provision in the Charter Agreement or this Subscription Agreement, such rates, fees and charges shall always be sufficient to comply fully with any covenants contained in the Financing Documents. 5 November 22, 2016 Agenda Packet 22 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston (C) Such rates, fees and charges may vary from jurisdiction to jurisdiction, but shall be just and equitable and uniform at the time of imposition for the Property Owners within the same class, or within each subscribing local governmental jurisdiction, and may be based upon or computed upon any factor (including, by way of example and not limitation, competitive or market conditions, distinguishing between residential and non-residential properties or uses, distinguishing between variable costs of administrative services over time) or combination of factors affecting the demand or cost of the services furnished or provided to administer the services and affairs of the Agency as may be determined by the Board of Directors from time to time. SECTION 2.04. FINANCING AGREEMENTS. (A) The Agency shall prepare and provide to each participating property owner the form of the Financing Agreement which complies with the Supplemental Act and is in accordance with the Financing Documents as designated by the Board of Directors from time to time. (B) The Agency, not the Subscriber, shall be solely responsible for all matters associated with origination, funding, financing, collection and administration of each of the Special Assessments. SECTION 2.05. IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO FINANCING AGREEMENTS. (A) Upon execution by the Property Owners and the Agency, the Financing Agreement or a summary or memorandum thereof shall be recorded by the Agency within five (5) days of execution or as required by Section 163.08(8), Florida Statutes, as amended. The recorded Financing Agreement, or summary or memorandum thereof, provides constructive notice that the non-ad valorem assessment to be levied on the subject property constitutes a lien of equal dignity to ad valorem taxes and assessments from the date of recordation. (B) In a reasonably cooperative and uniform manner the Agency will provide a digital copy to the property appraiser or tax collector of the recorded Financing Agreement or summary thereof, the most recent property identification number and annual amount of the non-ad valorem assessment along with such other efficient and reasonable information necessary for the tax collector to collect such amounts as a non-ad valorem assessment on behalf of the Agency pursuant to Sections 197.3632 and 163.08, Florida Statutes. (C) By law the Special Assessments must be collected pursuant to Sections 197.3632 and 163.08, Florida Statutes; and, are not imposed by the Subscriber, the property appraiser or the tax collector. The Special Assessments are levied and imposed solely by the Agency, and only then upon voluntary application of a private property owner as expressly enabled, authorized and encouraged by the Supplemental Act to accomplish a compelling state interest with local government assistance. The statutory duties of the property appraiser and the tax collector in each county, under section 197.3632, Florida Statutes, are ministerial and the property appraiser and tax collector are by law without discretion with regard to the collection of the Special Assessments on the tax notice once the affected private property owner has voluntarily entered 6 November 22, 2016 Agenda Packet 23 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston into a Financing Agreement with the Agency, and the Agency complies with the requirements of Sections 197.3632 and 163.08, Florida Statutes. SECTION 2.06. COLLECTION OF SPECIAL ASSESSMENTS. (A) The Agency as a local government authorized by law to impose the Special Assessments, is also required by law to use the uniform method of collecting such Special Assessments, and shall be solely responsible for professionally coordinating all interface with the tax collector or property appraiser, and minimize to the greatest extent reasonably possible the time, effort and attention of these public officials to accomplish the public purposes and direction of the Supplemental Act. (B) To advance Program acceptance and to minimize Program participation costs, and because each Property Owner is voluntarily undertaking to achieve and underwrite the unique and compelling State interest and public purposes described in the Supplemental Act, the Subscriber urges either the waiver of such fees by the tax collector and property appraiser or a flat five dollar ($5) fee per year per tax parcel for such purposes which shall be paid by the Agency via deduction, by the institutional trustee required by the Financing Documents, or as otherwise reasonably agreed to by the Agency and these parties. SECTION 2.07. ASSESSMENTS. PLEDGE OF PROCEEDS FROM NON AD VALOREM (A) The Agency will take such actions as are necessary for the lawful levy of the Special Assessments against all lands and properties specially benefitted by the acquisition, construction and financing of Qualifying Improvements. If any assessment made with respect to any property shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Agency shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, the Agency will take all necessary steps to cause a new assessment to be made for the whole or any part of any Qualifying Improvements or against any property specially benefitted by such improvement, to the extent and in the manner provided by law. (B) Pursuant to the Financing Documents and this Subscription Agreement, the Agency shall irrevocably pledge and, to the fullest extent permitted by law, pledge and assign any and all revenues derived from Special Assessments to the repayment of any debt obligation issued by the Agency pursuant to the Financing Documents. (C) The Subscriber shall not incur or ever be requested to authorize any obligations secured by Special Assessments associated with Qualifying Improvements imposed by the Agency. (D) Each series of Financing Documents shall be secured forthwith equally and ratably by a pledge of and lien upon the Special Assessments. The obligations of the Agency under and pursuant to the Financing Documents shall not be or constitute general obligations or an indebtedness of the Subscriber as "bonds" within the meaning of the Constitution of Florida, but shall be payable from and secured solely by a lien upon and pledge of the Special Assessments as provided herein. Neither the Agency nor any holder of any debt obligation issued by the 7 November 22, 2016 Agenda Packet 24 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston Agency pursuant to the Financing Documents shall ever have the right to compel the exercise of the ad valorem taxing power of the Subscriber, or other taxation in any form, of property therein to pay any amount due under any Financing Documents or any Special Assessment. The Financing Documents shall not constitute a lien upon any property of or in the Subscriber s jurisdiction except as to the respective Special Assessments in the manner provided herein and by law. SECTION 2.08. CARBON OR SIMILAR CREDITS. The form of Financing Agreement in each instance will provide for the transfer of any carbon or similar mitigation credits derived from Qualifying Improvements to the Agency, with such revenues therefrom, if any ever materialize, to be used by the Agency to underwrite generally its operation, mission and purpose. [Remainder of page intentionally left blank.] 8 November 22, 2016 Agenda Packet 25 of 108
ARTICLE III GENERAL PROVISIONS Non-Exclusive Interlocal Subscription Agreement City of Williston SECTION 3.01. INTERLOCAL AGREEMENT PROVISIONS. This Subscription Agreement is deemed to be an interlocal agreement within the meaning of the Florida Interlocal Cooperation Act of 1969, as amended. This Interlocal Agreement shall be filed by the Agency with the Clerk of the Circuit Court of the county in which the Subscriber is located. SECTION 3.02. DISCLOSURE. (A) The Agency has provided a copy of (1) the Supplemental Act, (2) the Agency s Charter Agreement, (3) the Final Judgment in Fla. PACE Funding Agency v. State, No. 2011-CA- 1824 (Fla. 2d Cir. Ct. 2011), and (4) other relevant disclosure information and background materials to the Subscriber prior to execution hereof. Subscriber, through its own staff and advisors, has independently reviewed and considered the foregoing and other relevant information of its choosing. (B) The objective of the Agency s mission is to offer a uniform, standardized and scalable approach that provides efficiencies and economies of scale intended to attract voluntary financing of Qualifying Improvements by private property owners desirous of also achieving, a compelling state interest and stimulate a substantial and meaningful flow of private sector economic activity and new job creation. In doing so under this Interlocal Agreement, the Subscriber authorizes the non-exclusive availability of the Agency s funding and financing program to property owners in the subscribing jurisdiction. Accordingly, the Agency has engaged, and may engage in the future, various advisors, consultants, attorneys or other professionals or firms with recognized expertise necessary to accomplish the Agency s mission. (C) Each of the various advisors, consultants, attorneys or other professionals engaged by the Agency has been, and shall in the future be, disclosed to the Subscriber. The Subscriber and Agency recognize, consider and acknowledge the fact or possibility that one or more of the various professionals or firms may serve as the advisor to the Agency in its mission, and to the Subscriber or another client in providing other similar professional services, outside of the provision, funding and financing of Qualifying Improvements. Such circumstance is acceptable and will not be construed as a conflict, be objected to unreasonably, nor be used as the basis for its disqualification of such professionals or firms from any continued or future representation of either party hereto which can otherwise be resolved by a reasonable waiver. This conflict waiver does not apply to litigation or other adversarial proceedings filed against the Subscriber. SECTION 3.03. EXCLUSIVITY. (A) written. TERM OF AGREEMENT; DURATION OF AGREEMENT; The term of this Interlocal Agreement shall commence as of the date first above (B) The term shall continue so long as the Agency has Obligations outstanding which are secured by Pledged Revenues derived from Financing Agreements relating to any properties within the jurisdiction or boundaries of the Subscriber, or the Agency has projects for Qualified 9 November 22, 2016 Agenda Packet 26 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston Improvements underway therein, the applicable provisions, authority and responsibility under this Agreement reasonably necessary to carry out the remaining aspects of the Program and responsibilities of Agency then underway, shall remain in effect and survive any termination until such time as those obligations and all associated remaining Program responsibilities are fulfilled (including, but not limited to, the collection of assessments in due course). Provided, however, the Agency s powers to be employed and exercised hereunder shall be non-exclusive, and the Subscriber is free to and reserves the right to enter into or otherwise commence another program for financing Qualified Improvements using non-ad valorem assessments either under the Supplemental Act or pursuant to its home rule powers upon written notice to the Agency of its decision to do so. (C) Notwithstanding subsection (B), Subscriber may terminate this Interlocal Agreement upon ninety (90) days written notice provided as required by Section 3.05. Provided, however, no termination of this Interlocal Agreement shall preclude the Agency from exercising any of its power or authority after any termination, including without limiting the generality of the foregoing that is specifically associated with collection of any of its Obligations outstanding which are secured by pledged revenues derived from Financing Agreements relating to any properties within the jurisdiction or boundaries of the Subscriber. In the event, the Agency s rights under this Interlocal Agreement to impose new non-ad valorem assessments shall ever end, then as of the effective date of the termination, all rights and obligations of the parties shall continue as specified in subsection (B) until such time as all Agency s Obligations, and all associated remaining Program responsibilities are fulfilled (including, but not limited to, the collection of assessments in due course). SECTION 3.04. AMENDMENTS AND WAIVERS. Except as otherwise provided herein, no amendment, supplement, modification or waiver of this Subscription Agreement shall be binding unless executed in writing by the Subscriber and Agency. SECTION 3.05. NOTICES. (A) All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered (or confirmed electronic facsimile transmission) or mailed by registered or certified mail, postage prepaid, or sent by nationally recognized overnight courier (with delivery instructions for next business day service) to the parties at the following addresses: Subscriber: The City of Williston ATTN: City Manager 50 NW Main Street Williston, FL 32696 With a copy to: The City of Williston ATTN: City Attorney 50 NW Main Street Williston, FL 32696 10 November 22, 2016 Agenda Packet 27 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston Agency: With a copy to: Executive Director Florida PACE Funding Agency c/o City of Kissimmee 101 North Church Street, Fifth Floor Kissimmee, Florida 34741 Program Counsel for the Florida PACE Funding Agency P.O. Box 14043 Tallahassee, Florida 32317-4043 (B) Any of the parties may, by notice in writing given to the other, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Any notice shall be deemed given on the date such notice is delivered by hand (or confirmed electronic facsimile transmission) or three days after the date mailed. SECTION 3.06. QUALITY CONTROL AND COMMUNICATION. For quality control purposes the Agency and Subscriber desire, and the Agency covenants to develop, implement and employ policies, systems and procedures which set or reflect industry standards; with such standards being reasonably expected to change and evolve over time. An ongoing positive and informal line of communication between staff and agents for the parties is encouraged. At any time, notwithstanding lack of default or lack of material breach hereunder, each party is encouraged to objectively and specifically communicate to the other in writing as provided for herein any concerns, suggestions or disapproval with performance, policies, systems or procedures being employed by each party concerning the funding and financing of Qualified Improvements. The Agency through its administrator, Executive Director, or a duly authorized designee, will promptly respond in writing to all such communications (reasonably within fifteen (15) days of receipt of any such written communication, but sooner if necessary) from the Subscriber and follow-up accordingly; and, also promptly communicate any such response, follow-up, and all related communication to the Board of Directors for review. This paragraph shall not be construed as containing any obligation for the Subscriber to receive complaints or concerns about the Agency s performance, policies, systems, or procedures, and the Subscriber is requested to and specifically authorized to refer all such complaints or concerns directly to the Agency for a response. SECTION 3.07. IMMUNITY; LIMITED LIABILITY. (A) All of the privileges and immunities from liability and exemptions from laws, ordinances and rules which apply to the activity of officials, officers, agents or employees of the parties shall apply to the officials, officers, agents or employees thereof when performing their respective functions and duties under the provisions of this Subscription Agreement. (B) The Subscriber and Agency are and shall be subject to Sections 768.28 and 163.01(9)(c), Florida Statutes, and any other provisions of Florida law governing sovereign immunity. Pursuant to Section 163.01(5)(o), Florida Statutes, that certain final judgment in Fla. 11 November 22, 2016 Agenda Packet 28 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston PACE Funding Agency v. State, No. 2011-CA-1824 (Fla. 2d Cir. Ct. 2011), and this covenant of the parties hereto, the local governments who are either the incorporators, or members of the Agency, or any subsequently participating or subscribing local government shall not be held jointly liable for the torts of the officers or employees of the Agency, or any other tort attributable to the Agency, and that the Agency alone shall be liable for any torts attributable to it or for torts of its officers, employees or agents, and then only to the extent of the waiver of sovereign immunity or limitation of liability as specified in Section 768.28, Florida Statutes. The Subscriber and Agency acknowledge and agree that the Agency shall have all of the applicable privileges and immunities from liability and exemptions from laws, ordinances, rules and common law which apply to the municipalities and counties of the State. (C) To the extent provided by law, the Agency agrees to indemnify, defend and hold harmless the Subscriber from any and all damages, claims, and liabilities arising from the gross negligence or intentional misconduct of the Agency relating to operation of the Program. Nothing in this Subscription Agreement is intended to inure to the benefit of any third-party or for the purpose of allowing any claim, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. (D) The Agency presents an independent local government funding and financing instrumentality. Neither the Subscriber, nor the local governments who are either or both the incorporators or Subscribers of the Agency, nor any subsequently subscribing or participating local government in the affairs of the Agency shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Agency, the Board of Directors or any other agents, employees, officers or officials of the Agency, except to the extent otherwise mutually and expressly agreed upon in writing, and neither the Agency, the Board of Directors or any other agents, employees, officers or officials of the Agency have any authority or power to otherwise obligate either the Subscriber, the local governments who are either or both the incorporators or members of the Agency, nor any subsequently subscribing or participating local government in the affairs of the Agency in any manner. SECTION 3.08. BINDING EFFECT. This Subscription Agreement shall be binding upon the parties, their respective successors and assigns and shall inure to the benefit of the parties, their respective successors and assigns. SECTION 3.09. SEVERABILITY. In the event any provision of this Subscription Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 3.10. EXECUTION IN COUNTERPARTS. This Subscription Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 3.11. APPLICABLE LAW. (A) A breach of this Subscription Agreement shall mean a material failure to comply with the Supplemental Act or any covenants or provisions of this Agreement. If any party 12 November 22, 2016 Agenda Packet 29 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston breaches any obligation herein, then, upon receipt of written notice by the non-breaching party, the breaching party shall proceed diligently and in good faith to take all reasonable actions to cure such breach, and shall continue to take all such actions until such breach is cured, or be subject to termination for cause. (B) At all times the parties may proceed at law or in equity to enforce their rights under this Agreement using all available remedies. (C) The venue of any legal or equitable action that arises out of or relates to this Subscription Agreement shall be the appropriate state court in Leon County. In any such action, Florida law shall apply and the parties waive any right to jury trial. SECTION 3.12. ENTIRE AGREEMENT. This Subscription Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions of the parties, whether oral or written, and there are no warranties, representations or other agreements among the parties in connection with the subject matter hereof, except as specifically set forth herein. [Remainder of page intentionally left blank.] 13 November 22, 2016 Agenda Packet 30 of 108
Non-Exclusive Interlocal Subscription Agreement City of Williston IN WITNESS WHEREOF, the undersigned have caused this Non-Exclusive Interlocal Subscription Agreement to be duly executed and entered into as of the date first above written. THE CITY OF WILLISTON (SEAL) By: Charles Goodman, Council President Attest: Approved as to form and sufficiency: Frances V. Taylor, City Clerk City Attorney 14 November 22, 2016 Agenda Packet 31 of 108
Non-exclusive Interlocal Subscription Agreement City of Williston IN WITNESS WHEREOF, the undersigned have caused this Non-Exclusive Interlocal Subscription Agreement to be duly executed and entered into as of the date first above written. THE FLORIDA PACE FUNDING AGENCY (SEAL) By: Michael H. Steigerwald, Executive Director ATTEST: Donald T. Smallwood, Assistant Secretary 15 November 22, 2016 Agenda Packet 32 of 108
RESOLUTION 2016-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF WILLISTON, FLORIDA, CREATING A PROPERTY ASSESSED CLEAN ENERGY PROGRAM AND JOINING THE CLEAN ENERGY GREEN CORRIDOR PROGRAM IN ACCORDANCE WITH SECTION 163.08, FLORIDA STATUTES; ADOPTING AN INTERLOCAL AGREEMENT PURSUANT TO SECTION 163.01, FLORIDA STATUTES RELATING TO THE CORRIDOR; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2010, the Florida Legislature adopted HB 7179 (Section 163.08, F.S.)(the Bill ), which allows local governments to create Property Assessed Clean Energy (PACE) programs in order to provide the upfront financing for energy conservation and efficiency (i.e. energy-efficient heating, cooling, or ventilation systems), renewable energy (i.e. solar panels), wind resistance (i.e. impact resistant windows) and other improvements that are not inconsistent with state law (the Qualifying Improvements ); and WHEREAS, PACE programs not only assist residents and business owners in reducing their carbon footprint and energy costs, but also stimulate the local economy by the creation of needed construction jobs; and WHEREAS, the Bill authorizes local governments that create PACE programs to enter into a partnership in order to provide more affordable financing for the installation of the Qualifying Improvements; and WHEREAS, given the wide spread energy and economic benefits of PACE programs, the Council desires to join the Clean Energy Green Corridor PACE District in order to provide the upfront financing to property owners for Qualifying Improvements and to enter into an interlocal with the District for the purpose of financing such improvements; and WHEREAS, the Council finds that this Resolution is in the best interest and welfare of the residents of the City of Williston. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE City of Williston, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Creation of PACE Program. The Council hereby creates a PACE Program pursuant to Section 163.08, Florida, for the purpose of providing upfront financing to property owners for Qualifying Improvements. November 22, 2016 Agenda Packet 33 of 108
Section 3. Adoption of Interlocal Agreement. The Council hereby approves an interlocal agreement pursuant to Section 163.01, Florida Statutes between the City of Williston and the Green Corridor Clean Energy Property Assessed (PACE) District in substantially the form attached hereto as Exhibit A, relating to the Clean Energy Green Corridor (the Interlocal Agreement ). Section 4. Authorization. The City Manager or designee is hereby authorized to execute the Interlocal Agreement. Section 5. adoption. Effective Date. This Resolution shall take effect immediately upon PASSED and ADOPTED this 22 nd day of November, 2016. Attest: Charles Goodman, Council President Frances V. Taylor, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Fred Koberlein, City Attorney Moved By: Seconded By: FINAL VOTE AT ADOPTION: Charles Goodman Nancy Wininger Danny Etheridge Kori Lamb Elihu Ross November 22, 2016 Agenda Packet 34 of 108
MEMBERSHIP AGREEMENT BETWEEN THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT AND THE CITY OF WILLISTON, FLORIDA This Membership Agreement (the Membership Agreement ) is entered into this 22 nd day of November, 2016 by and between the Green Corridor Property Assessment Clean Energy (PACE) District, a public body corporate and politic (the Green Corridor ), and the City of Williston, Florida, a municipality of the State of Florida (the City of Williston ) (collectively, the Parties ) for the purpose of providing a PACE program within the City of Williston. RECITALS WHEREAS, on August 6, 2012, the Green Corridor was created as a separate legal entity pursuant to Section 163.01(7), Florida Statutes, to finance qualifying improvements in accordance with Section 163.08, Florida Statutes; and WHEREAS, on November 22, 2016, the City of Williston adopted Resolution 2016-79 agreeing to join the Green Corridor as a non-voting member in order to finance qualifying improvements in the City of Williston in accordance with Section 163.08, Florida Statutes; and WHEREAS, the Parties have determined that entering into this Membership Agreement is in the best interest and welfare of the property owners within the Green Corridor and the City of Williston. NOW, THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set forth, the Parties agree as follows: 1. Recitals Incorporated. The above recitals are true and correct and incorporated herein. 2. Purpose. The purpose of this Membership Agreement is to facilitate the financing of qualifying improvements for property owners within the City of Williston in accordance with Section 163.08, Florida Statutes, by virtue of the City of Williston s joining the Green Corridor as a non-voting member and utilizing the Green Corridor s existing program (the Program ). 3. Qualifying Improvements. The City of Williston shall allow the Green Corridor to provide financing of qualifying improvements, as defined in Section 163.08, Florida Statutes, on properties within the City of Williston. 4. Non-Exclusive. The Green Corridor Program is non-exclusive, meaning the City of Williston specifically reserves the right to join any other entity providing a similar program under Section 163.08, Florida Statutes, or create its own program under Section 163.08, Florida Statutes. 5. Program Guidelines: The Parties agree that, unless the City of Williston desires to implement its own local program guidelines as described below, the Program to 1 November 22, 2016 Agenda Packet 35 of 108
be offered in the City of Williston will be wholly governed by the Green Corridor s Program Guidelines. If the City of Williston desires to implement its own local program guidelines, it may do so upon sixty (60) day s written notice to the Green Corridor. Any such local program guidelines can be amended and changed only by the authorized designee of the City of Williston. These local program guidelines shall be consistent with the Green Corridor s guidelines. The City of Williston may adopt more restrictive guidelines than that of the Green Corridor. However, if there is a conflict between the Green Corridor s guidelines and the City of Williston s guidelines, the Green Corridor s guidelines shall control. 6. Boundaries. Pursuant to this Membership Agreement, the boundaries of the Green Corridor shall include the legal boundaries of the City of Williston, which boundaries may be limited, expanded, or more specifically designated from time to time by the City of Williston by providing written notice to the Green Corridor. As contemplated in the Interlocal Agreement (as defined in Section 8) and as supplemented by this Membership Agreement, the Green Corridor will, on a nonexclusive basis, levy voluntary non ad valorem special assessments on the benefitted properties within the boundaries of the City of Williston to help finance the costs of qualifying improvements for those individual properties. Those properties receiving financing for qualifying improvements shall be assessed from time to time, in accordance with Section 163.08, Florida Statutes and other applicable law. Notwithstanding termination of this Membership Agreement or notice of a change in boundaries by the City of Williston as provided for above, those properties that have received financing for qualifying improvements shall continue to be a part of the Green Corridor, until such time that all outstanding debt has been satisfied. 7. Financing Agreement. The Parties agree that the Green Corridor may enter into a financing agreement, pursuant to Section 163.08, Florida Statutes, with property owner(s) within the City of Williston who obtain financing through the Green Corridor. 8. Amended and Restated Interlocal Agreement. The Parties agree that the City of Williston shall be subject to all terms, covenants, and conditions of the Amended and Restated Interlocal Agreement recorded in the Official Records of Miami- Dade County at Official Records Book 28217, Page 0312, which created the Green Corridor (the Interlocal Agreement ). In the event of any conflict between the Interlocal Agreement and this Membership Agreement, this Membership Agreement shall control the rights and obligations of the City of Williston. 9. Responsibilities of the Green Corridor; Indemnification. The Green Corridor shall be solely responsible for all matters associated with origination, funding, financing and administration of each of the Green Corridor s authorized non-ad valorem assessments, including responding to any complaints or inquiries by participants, tax certificate holders, lenders or others relating to the Program s 2 November 22, 2016 Agenda Packet 36 of 108
special assessments, the Program s financing agreements, the Program s qualifying improvements, or any other aspect of the Program. The Parties understand that indemnification of the Green Corridor members is provided for in Section 16 of the Interlocal Agreement, and that such provisions shall apply to the City of Williston. 10. Agreements with Tax Collector, Property Appraiser and Municipalities. The Green Corridor acknowledges that the City of Williston has no authority to bind the County Tax Collector and the County Property Appraiser, and the Green Corridor will be required to enter into separate agreement(s) with the County Tax Collector and/or the County Property Appraiser, which shall establish the fees (if any) to be charged by the Tax Collector and Property Appraiser for the collection or handling of the Program s special assessments. 11. Resale or Refinancing of a Property. The Green Corridor recognizes that some lenders may require full repayment of the Program s special assessments upon resale or refinancing of a property subject to the Program s special assessments. The Green Corridor agrees to provide written disclosure of this matter to all City of Williston property owners that may utilize the Program. 12. Term. This Membership Agreement shall remain in full force and effect from the date of its execution by both Parties. Any Party may terminate this Membership Agreement upon ninety (90) days prior written notice. 13. Consent. This Membership Agreement and any required resolution or ordinance of an individual Party shall be considered the City of Williston s consent to joining the Green Corridor and participation therein, as required by Section 163.08, Florida Statutes. 14. Voting Rights. The Parties agree that the City of Williston shall be a non-voting member of the Green Corridor for the term of this Membership Agreement. 15. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to Green Corridor: Paul Winkeljohn, Executive Director Green Corridor 5385 Nob Hill Rd. Sunrise, FL 33351 If to Charles Goodman Council President: City of Williston 3 November 22, 2016 Agenda Packet 37 of 108
PO Drawer 160 Williston, FL 32696 With a Copy to: Fred Koberlein, City Attorney PO Drawer 160 Williston, FL 32696 16. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto. 17. Joint Effort. The preparation of this Membership Agreement has been a joint effort of the Parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 18. Merger. This Membership Agreement incorporates and includes all prior negotiations, correspondence, agreements, or understandings applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Membership Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no change, amendment, alteration, or modification in the terms and conditions contained herein shall be effective unless contained in a written document, executed with the same formality, and of equal dignity herewith by all Parties to this Membership Agreement. 19. Assignment. The respective obligations of the Parties set forth in this Membership Agreement shall not be assigned, in whole or in part, without the written consent of the other Party hereto. 20. Records. The Parties shall each maintain their own respective records and documents associated with this Membership Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. 21. No Third Party Beneficiaries. It is the intent and agreement of the Parties that this Agreement is solely for the benefit of the Parties and no person not a party hereto shall have any rights or privileges hereunder. 22. Severability. In the event a portion of this Membership Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. 4 November 22, 2016 Agenda Packet 38 of 108
23. Venue. The exclusive venue of any legal or equitable action against the City of Williston that arises out of or relates to this Membership Agreement shall be the appropriate state court in Miami-Dade County. 24. Effective Date. This Membership Agreement shall become effective upon the execution by the Parties hereto. [signature page follows] 5 November 22, 2016 Agenda Packet 39 of 108
IN WITNESS WHEREOF, the Parties hereto have made and executed this Membership Agreement on this 22 nd day of November, 2016. ATTEST: GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT By: District Secretary By: Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Weiss Serota Helfman Cole & Bierman, P.L., District Attorney ATTEST: CITY OF WILLISTON, FLORIDA By: Frances V. Taylor, City Clerk By: Charles Goodman, Council President APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Fred Koberlein, City Attorney [SIGNATURE PAGE TO MEMBERSHIP AGREEMENT] 6 November 22, 2016 Agenda Packet 40 of 108
Kate Wesner Ygrene Energy Fund 3390 Mary Street Suite #124 Miami, FL 33133 Thank you Mayor, Commissioners and staff for the opportunity to address you. We encourage you to approve the PACE Program. Activating a PACE program in your community helps create jobs, increases economic investment helps local contracting firms grow and reduces energy costs and insurance premiums for property owners. Ygrene Energy Fund is the leading PACE provider in Florida serving both residential and commercial property owners. We are currently active in 72 cities and counties in Florida. Currently, over 4,000 property owners in Florida have benefited from using our PACE program, totaling over $98 million dollars in energy efficient, renewable energy and hurricane protection.property improvements across Florida. We have certified more than 500 contractors in FL, creating or sustaining over 1,400 jobs, and adding a $246 million in economic stimulus. In terms of the environmental benefits, 6.2 Megawatts of solar installed and the energy saved is equal to providing one year of power to 97,000 homes and reducing CO2 by 118,000 metric tons. By approving PACE, you can achieve the many benefits such as economic development, job creation, sustainability goals without taking on the district formation and administration oversight associated with operating a PACE district. This means that the members of the district can offer PACE to their residents at absolutely no cost or liability to the government. PACE financing will allow property owners have greater choice in energy efficiency and hurricane protection financing options. By approving PACE, you can achieve the benefits of economic development, job creation and reaching your sustainability goals without taking on the district formation and administration oversight associated with operating a PACE district. This means that the members of the district can offer PACE to their residents at absolutely no cost or liability to the government. PACE financing will allow property owners to have greater choice in financing options for energy efficiency and hurricane protection. Thank you for your time today. We appreciate your consideration and look forward to working together and expanding PACE in your community. November 22, 2016 Agenda Packet 41 of 108
From: Lisa Miller (850) 528-9229 To: Frances Taylor Cc: Marilyn Deen; cindybabione@embarqmail.com Subject: email for the council members Date: Friday, November 11, 2016 2:37:28 PM Dear Fran, Thanks so much for all you are doing to facilitate the smooth documentation of all the materials necessary for the Council to consider adopting PACE for Williston residents to access this terrific program. As I mentioned, I represent Alliance NRG/Florida PACE Funding Agency (FPFA) and will be unable to be at the November 22 meeting but I appreciate your confirming on the phone that you had all of our documents and they were in order. I recall the Council at the last meeting didn't have any objection to the program's adoption and the November 22 meeting was to ensure all of the proper documents were in order so the Council could adopt the various program's services. I also understand that anything can change and so please share this email with the council members who can contact me if needed before Tuesday November 15 or Ms. Marilyn Deen, my PACE colleague at mdeen@floridainsurancereform.org or (754) 200-4594 from November 16 forward. Thanks so much for all your help! Lisa Miller, 8505289229 From: Lisa Miller (850) 528-9229 Sent: November 4, 2016 11:52 AM To: 'frances.taylor@willistonfl.org' <frances.taylor@willistonfl.org> Subject: Lisa Miller writing from Tallahassee Hi Frances, Thanks for being so helpful with the PACE program and the one that I represent which is the Florida PACE Funding Agency/Alliance NRG group. I am so sorry I can't make the November 22 meeting but Cindy said I might need to write a letter to the commission or do you think we are good to go without that? I believe the Chairman of the commission is a "get 'er done" commissioner and wouldn't want to take time to read letters into the record, etc. Will follow your lead thanks! Lisa Miller November 22, 2016 Agenda Packet 42 of 108
Date: November 22, 2016 COUNCIL AGENDA ITEM TOPIC: ORDINANCE 659: Amending Section 60, Zoning to allow the keeping of chickens in single family residential areas. REQUESTED BY: SCOTT LIPPMANN PREPARED BY: Scott Lippmann BACKGROUND / DESCRIPTION: The Planning and Zoning Board heard a request from citizens asking for an amendment to the current zoning code to allow the keeping of chickens in single family residential areas. The Planning and Zoning Board held a public hearing and approved a recommendation endorsing the request on May 3, 2016. LEGAL: REVIEW: Review and Approved 2016 FISCAL IMPACTS: RECOMMENDED ACTION: Approve ATTACHMENTS: Ordinance 659 COMMISSION ACTION: APPROVED DISAPPROVED November 22, 2016 Agenda Packet 43 of 108
ORDINANCE NO. 659 AN ORDINANCE OF THE CITY OF WILLISTON, FLORIDA; AMENDING CHAPTER 60, SECTION 60-214; ADDING ARTICLE II, SECTION 60-66; PROVIDING SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Williston Planning and Zoning Board has considered a request from citizens to allow the keeping of chickens in single family residential areas for personal use; and, WHEREAS, the Planning and Zoning Board did hold a public hearing on the matter; and WHEREAS, the Planning and Zoning Board has recommended to the Williston City Council that the request be granted, and the zoning codes of the City of Williston be amended accordingly. WHEREAS, the City Council did hold the required public hearings, under the provisions of the adoption procedures established in Chapter 166, Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA, AS FOLLOWS: Section 1. Section 60-214 of the City of Williston Code of Ordinance is amended as follows: The following shall be prohibited uses and structures in the RSF districts: Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles in excess of 10,000 pounds, storage of building materials (except in connection with active construction activities on the premises), signs except as specifically permitted, the keeping of horses, cows, swine, sheep, goats, or poultry other than chickens as provided in Section 60-66, (except on parcels of eight acres or more), and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception. Section 60-66 of the City of Williston Code of Ordinances is hereby added as follows: Sec 60.66 - Chickens. Any residential single family property may have chickens within City limits. The keeping of chickens is subject to the following conditions: Page 1 of 3 November 22, 2016 Agenda Packet 44 of 108
a. No more than 6 chickens per lot; maximum of 12 chickens total on multiple lots: b. Roosters (defined as a male chicken of any age and generally characterized by an ability to crow) and any other crowing chickens are prohibited: c. Keeping of Chickens shall adhere to Chapter 10 section 12 and 13: d. Covered enclosures shall meet the setback requirements for an accessory structure in the applicable zoning district: e. Feed shall be kept in rodent-proof and raccoon-proof enclosed containers: f. The area in which the chickens are kept shall be maintained in a sanitary condition, including the regular removal of chicken manure: g. Odors from chicken-keeping shall not be detectable at property boundaries: and h. Chicken products and/or by-products shall not be produced or sold on the property. Section 2. 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. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption. PASSED ON FIRST READING, THIS 1st DAY OF November, 2016. PASSED AND DULY ADOPTED, with a quorum present and voting by the City Council of the City of Williston, Florida, after properly dispensing with the second reading, on final reading this 22nd day of November 2016. ATTEST: CITY OF WILLISTON FRANCES TAYLOR CITY CLERK CHARLES GOODMAN PRESIDENT, CITY COUNCIL FRED L. KOBERLEIN, JR. CITY ATTORNEY November 22, 2016 Agenda Packet 45 of 108
City of Williston Planning and Zoning Department Report to Council Project: Date: Ordinance change to LOR in Section 60.66 - Chickens October 14, 2016 Background On May 21st, 2016 the Planning Board did a workshop on chickens being amended to the Land Development Regulations after acceptance of the final draft of Article II Section 60.66 the motion was passed unanimously. There is a desire in the community to raise chickens for personal use. It has been determined that it may be beneficial to the citizens to permit the keeping of up to 6 chickens on a residential lot. There is no intent to allow roosters or any crowing poultry reside within the city limits. It is the intention of this Section that Chapters 10 (Animals), Section 12 (Restraint of animals on the property) and 13 (Restraint of animals off of the Property) be adhered to. There is no intention to allow free-ranging chickens within the city limits. It is a requirement that all structures meet zoning setbacks as prescribed by the zoning district. The Section requires that the area the chickens are kept be sanitary and odors not be a nuisance to neighbors, as well as the chicken feed be keep in rodent-proof containers. The intention of this section is not to allow the resale of any chicken products or by-products by anyone at residentially zoned properties. The current zoning under consideration is Residential, Single Family (RSF), including R-1, R-1-A and RM-1 A. November 22, 2016 Agenda Packet 46 of 108
Evaluation Criteria Per section 1-10 of the City of Williston Code of Ordinances: In order to authorize a change in the ordinance the City Council must find: (a) (b) (c) (d) All ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from said Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the city council. Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section of the Code of Ordinances, City of Williston, Florida, is hereby amended to read as follows:... " The new provisions shall then be set out in full as desired. In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, City of Williston, Florida, is hereby amended by adding a section to be numbered 659 which said section reads as follows:... "The new section shall then be set out in full as desired. All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be. (Code 1958, 1-6) a. Section 60-214 Prohibited uses in structures is being amended to repeal "poultry, (except in parcels of eight acres or more)" b. Amendments will be made to Chapter 44 Article II section 60.66 which is the reserved section of the ordinance Staff Opinion Staff does not see any conflict with the existing zoning regulations at this time. If approved, residents will be able to keep chickens within the city limits. Attachments 1. Amended Article II-Supplementary District Regulations November 22, 2016 Agenda Packet 47 of 108
ARTICLE II. - SUPPLEMENTARY DISTRICT REGULATIONS Sec. 60-31. - Scope. Provisions set forth in this article apply to all areas subject to these land development regulations, and all zoning districts therein, unless exceptions are specifically provided relating to one or more zoning districts, or except as otherwise provided in these land development regulations. Sec 60.66 - Chickens. Any residential single family property may have chickens within City limits: The keeping of chickens: subject to the following conditions: a. No more than 6 chickens per lot; maximum 12 on multiple lots: b. Roosters (defined as a male chicken of any age and generally characterized by an ability to crow) and any other crowing chickens are prohibited: c. Keeping of Chickens shall adhere to Chapter 10 section 12 and 13: d. Covered enclosures shall meet the setback requirements for an accessory structure in the applicable zoning district: e. Feed shall be kept in rodent-proof and raccoon-proof enclosed containers: f. The area in which the chickens are kept shall be maintained in a sanitary condition, including the regular removal of chicken manure: g. Odors from chicken-keeping shall not be detectable at property boundaries: and h. Chicken products and/or by-products shall not be sold on the property. Secs. 60-66-60-90. - Reserved. November 22, 2016 Agenda Packet 48 of 108
ARTICLE VI. - RESIDENTIAL SINGLE-FAMILY (RSF) DISTRICT Sec. 60-211. - Districts and intent. The residential single-family group includes three zone districts: R-1, R-1-A and RM-1-A. It is the intent of these districts to provide for single-family areas of low to medium density together with public and semipublic buildings and facilities and accessory structures as may be desirable and compatible with such development, as well as surrounding development. Nonresidential uses in these districts may be subject to restrictions and requirements necessary to preserve and protect the single-family residential character of these districts. Variation among the R-1 and R-1-A districts is in requirements for lot area, width, and certain yards. Additionally, the R-1-A district allows for professional offices. The RM-1-A district provides for the use of mobile homes and has the same requirements as the R-1-A district. (Ord. No. 434, 4.6.1, 5-7-2002) Sec. 60-212. - Permitted principal uses and structures. The following shall be permitted principal uses and structures in the RSF districts: (1) (2) (3) (4) Single-family dwellings. Public parks and recreational areas. Homes of six or fewer residents which otherwise meet the definition of a "community residential home" (see article I of this chapter). Mobile homes; permitted in RM-1-A only. (Ord. No. 434, 4.6.2, 5-7-2002) Sec. 60-213. - Permitted accessory uses and structures. The following shall be permitted accessory uses and structures in the RSF districts: (1) Uses and structures which: November 22, 2016 Agenda Packet 49 of 108
(2) a. b. C. d. Are customarily accessory and clearly incidental and subordinate to permitted uses and structures; Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership; Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood; and Do not involve operations or structures not in keeping with the character of single-family residential development. Examples of permitted accessory uses and structures include: a. b. C. d. e. Private garages; Private swimming pools; Noncommercial greenhouses and plant nurseries; and On-site subdivision signs (see chapter 52). The harboring of livestock for noncommercial purposes on parcels of eight acres or more. Livestock head-count shall be limited to one per acre. The keeping of chickens: subject to the following conditions in section 60.66. (Ord. No. 434, 4.6.3, 5-7-2002; Ord. No. 593, 1(att. A), 2-17-2009) Sec. 60-214. - Prohibited uses and structures. The following shall be prohibited uses and structures in the RSF districts: Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles in excess of 10,000 pounds, storage of building materials (except in connection with active construction activities on the premises), signs except as specifically permitted, the keeping of horses, cows, swine, sheep, goats, November 22, 2016 Agenda Packet 50 of 108
or,p&ultry, (except on parcels of eight acres or more), and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception. (Ord. No. 434, 4.6.4, 5-7-2002; Ord. No. 583, 1(att. A), 2-17-2009) Sec. 60-215. - Special exceptions. The following are special exceptions in the RSF districts: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Public or private schools offering curricula comparable to that of public schools (see article I of this chapter). Churches and other houses of worship. Golf courses, country clubs, and racquet and tennis clubs. Cemeteries and mausoleums. Private clubs and lodges. Parks maintained by any private association of persons residing in the district. Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified. Home occupations (see article I of this chapter). Child care centers, provided: a. b. No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and Provision is made for areas for off-street pickup and drop-off of children. Adult care center. Residential design manufactured homes as defined in these land development regulations in the residential single-family (R-1-A) district only. (See also section 60-55.) See also chapter 46, article V. November 22, 2016 Agenda Packet 51 of 108
(Ord. No. 434, 4.6.5, 5-7-2002) Sec. 60-216. - Minimum lot requirements. Minimum lot requirements for area and width in the RSF districts shall be as follows: (1) Single-family dwellings: R-1: Minimum lot area: 10,000 square feet (with city water and city sewer). Minimum lot area: 11,000 square feet (with city water and septic tank). Minimum lot area: 22,000 square feet (with individual well and septic tank). Minimum lot width: 100 feet. R-1-A: Minimum lot area: 8,712 square feet (with city water and city sewer). Minimum lot area: 11,000 square feet (with city water and septic tank). Minimum lot area: 22,000 square feet (with individual well and septic tank). Minimum lot width: 66 feet. RM-I-A: Minimum lot area: 8,712 square feet (with city water and city sewer). Minimum lot area: 11,000 square feet (with city water and septic tank). Minimum lot area: 22,000 square feet (with individual well and septic tank). Minimum lot width: 66 feet. November 22, 2016 Agenda Packet 52 of 108
(2) Other permitted uses and structures: None, except as needed to meet all other requirements set out in this chapter. (Ord. No. 434, 4.6.6, 5-7-2002; Ord. No. 462, 1(4), 9-16-2003) Sec. 60-217. - Minimum yard requirements. Minimum yard requirements for the depth of the front and rear yard, and the width of the side yard in the RSF districts shall be as follows: 1. Single-family dwellings: R-1: Front: 35 feet. Side: 15 feet for each side yard. Rear: 20 feet. R-1-A: Front: 30 feet. Side: 10 feet for each side yard. Rear: 20 feet. RM-1-A: Front: 30 feet. Side: 10 feet for each side yard. Rear: 20 feet. 2. Public and private schools, adult care centers, child care centers, churches, other houses of worship, private clubs and lodges, and other all permitted uses unless otherwise specified: November 22, 2016 Agenda Packet 53 of 108
Front: 35 feet. Side: 15 feet for each side yard. Rear: 20 feet. (Ord. No. 434, 4.6.7, 5-7-2002) Sec. 60-218. - Maximum height of structures: no portion shall exceed. The maximum height of structures in the RSF districts shall be 35 feet. See also article I of this chapter for exceptions. (Ord. No. 434, 4.6.8, 5-7-2002) Sec. 60-219. - Maximum floor area ratio. The maximum floor area ratio for all buildings in the RSF districts shall be as follows: (1) (2) (3) Single-family dwellings, including their accessory buildings: 35 percent. Residential mobile homes, including their accessory buildings: 35 percent. Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent. (Ord. No. 434, 4.6.9, 5-7-2002) Sec. 60-220. - Maximum lot coverage by all impervious surfaces. The maximum lot coverage by all impervious surfaces in the RSF districts shall be as follows: (1) (2) R-1: 45 percent. R-1-A: 45 percent. November 22, 2016 Agenda Packet 54 of 108
(3) RM-1-A: 45 percent. (Ord. No. 434, 4.6.10, 5-7-2002; Ord. No. 462, 1(5), 9-16-2003) Sec. 60-221. - Minimum landscaped buffering requirements. The minimum landscaped buffering requirements in the RSF districts shall be as follows: (1) (2) Churches, other houses of worship, private clubs and lodges, adult care centers, child care centers, commercial greenhouses and plant nurseries, public buildings (but not public schools): Where a use listed under this subsection is erected or expanded on land abutting either a residential district or property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall not be less than ten feet in width along the affected rear and/or side yards as the case may be. All other permitted uses (unless otherwise specified): None, except as necessary to meet other requirements set out in this chapter. See also article 11 of this chapter. (Ord. No. 434, 4.6.11, 5-7-2002) Sec. 60-222. - Requirements for new residential units. Residential units in R-1, R-1-A, RM-1-A districts that are permitted after May 30, 2002, must meet the following minimum requirements: (1) (2) (3) Each home shall have a floor area of at least 900 square feet; Each home shall have a roof pitch of at least three inches for every 12 inches; The perimeter of the foundation of each home shall be solid and continuous material designed for such use. (Ord. No. 434, 4.6.12, 5-7-2002; Ord. No. 462, 1(3), 9-16-2003)) Sec. 60-223. - Minimum off-street parking requirements. The minimum off-street parking requirements in the RSF districts shall be as follows: November 22, 2016 Agenda Packet 55 of 108
(1) (2) (3) (4) (5) (6) (7) (8) (9) Single-family residential dwelling units: two spaces for each dwelling unit. Elementary schools: two spaces for each classroom, plus one space for each staff. Middle school: two spaces for each classroom or office room, plus one space for each staff member. Senior high school: four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium. Churches or other houses of worship: one space for each four permanent seats in the main room. Public buildings and facilities (unless otherwise specified): one space for each 300 square feet of floor area. Clubs and lodges including fraternal organizations: one space for each 300 square feet of floor area. For other special exceptions as specified herein: to be determined by findings in the particular case. Adult and child care centers, preschools: one space for each 300 square feet of floor area devoted to adult or child care activities and one space for each employee. See also article I of this chapter. (Ord. No. 434, 4.6.13, 5-7-2002; Ord. No. 462, 1 (6), 9-16-2003) Secs. 60-224-60-250. - Reserved. November 22, 2016 Agenda Packet 56 of 108
Date: November 22, 2016 COUNCIL AGENDA ITEM RESOLUTION 2016-80: NOTICE OF ELECTION - DATES & PROCESS REQUESTED BY: CITY CLERK PREPARED BY: CITY CLERK BACKGROUND / DESCRIPTION: On January 16, 2015, the City General Election qualifying period closed with no contested filers for the Group A, B and C City Council seats. The uncontested qualifying candidates declared elected for a two-year term included: Group A Matt Brooks, Group B Elihu Ross and Group C Danny Etheridge. On November 1, 2016, Kori Lamb was appointed to fill a vacancy left by Matt Brooks for the remainder of the Group A term. Part I, Section 2.02 of the City Charter specifies that the City must hold a biennial election to fill each of the expiring terms (Group A, Group B and Group C seats) during the designated election period in 2017. The City Clerk has notified the Levy County Supervisor of Elections of the scheduling for the municipal election and has inquired regarding the registration books in accordance with Section 100.151 F.S. In accordance with F.S. 97.055, the books must be closed on the 29th day prior to the designated Election date. Section 100.342, F.S. requires that there shall be at least 30 days notice given for Election by publication in a newspaper in general circulation within the municipality. The request being put before the Council is to: (1) set a date for the 2017 municipal election as provided in Article II of the Charter for the first Tuesday in March; (2) establish a qualifying period based upon the 30 day notice as required by Florida Statute and designated in the Charter of the City of Williston; (3) approve additional activities required of Florida Statutes and City Charter related to the conduct of General Municipal Elections. The City Clerk has presented a sample timeline for review of Council and the City Attorney establishing the timeline for the required notice, qualifying period, book closing, testing of the equipment, Canvassing Board activities and date of Election. The County Supervisor of Elections has agreed to work with the City Clerk in providing assistance related to this Election within the timeline presented. The County Supervisor of Elections has reviewed the timeline and questions have previously been clarified by input from the Assistant Director of the State of Florida Division of Elections. LEGAL REVIEW: A draft item was furnished to City Attorney on 11/17/2016 for review of applicable laws and dates. FISCAL IMPACTS: To be determined. RECOMMENDED ACTION: Establish a date for the City of Williston Election and direct the City Clerk to administer the Election in accordance with Florida Statute and City Charter and Municipal Code in coordination with the Levy County Supervisor of Elections Office. November 22, 2016 Agenda Packet 57 of 108
ATTACHMENTS: CONTRACT XX RESOLUTION 2016-80 MAP LEASE XX OTHER DOCUMENTS Proposed Timeline CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COUNCIL ACTION: APPROVED DENIED November 22, 2016 Agenda Packet 58 of 108
Proposed Timeline for the General Municipal Election of March 2017 December 1, 2016 Deadline to publish Election Preparation Report. F.S. 100.032 December 22, 2016 Publish Notice of Election. IAW Section 100.021, F.S. (Send to paper December 19th) January 5, 2017 - Publish Notice of Election. IAW Section 100.021, F.S. Publish Notice of Book Closing IAW Section 97.055, F.S. (send to paper December 26nd) courtesy notice. January 6, 2017 Establish confidential and exempt list of absentee ballot requests to be updated daily and made available to designated individuals. FS 101.62(3) January 16, 2017 at Noon Qualifying Period Begins. IAW City of Williston Code of Ordinances Part II, Section 20-5 January 20, 2017 at Noon Qualifying Period Ends. IAW City of Williston Code of Ordinances Part II, Section 20-5 January 21, 2017 Last day to mail absentee ballot to uniformed services voter and to each overseas voter who has requested a vote-by-mail ballot F.S. 101.62 4(a). January 27, 2017 Treasurer s Report Due. IAW F.S. 106.07(1)(b) and Division of Elections Formal Opinion 98-03 February 1, 2017 February 7, 2017 Mandated period to mail absentee ballots to voters F.S. 101.62 4(b). Thereafter, ballots must be mailed within 2 days upon receipt of the requests through March 3rd. February 6, 2017 Books close. IAW F.S. 97.055 February 10, 2017 Treasurer s Report Due. IAW F.S. 106.07(1)(b) and Division of Elections Formal Opinion 98-03 February 23, 2017 Publish Notice of Election. IAW Section 100.021, F.S. Publish Notice of Logic and Accuracy Test and Notice of Meeting of the Canvassing Board. IAW F.S. 101.5612 (send to paper on February 20th); Publish a Notice of Meeting of the Canvassing Board. February 24, 2017 Treasurer s Report Due. IAW F.S. 106.07(b)(1) and Division of Elections Formal Opinion 98-03 March 1, 2017 at 5 p.m. Deadline for mailed Absentee Ballot Requests to be received. IAW F.S. 101.62 (2) November 22, 2016 Agenda Packet 59 of 108
March 2, 2017 Logic and Accuracy Test of Election equipment is conducted. IAW F.S. 101.5612(2); Meeting of the Canvassing Board. IAW City of Williston Code of Ordinances Part II, Section 20-7; First day for someone other than the voter to pick up an absentee ballot for a voter with a note. 101.62 (4)(c)(4); Publish Ballot. IAW Section 101.20(2), F.S. Publish a Notice of Meeting of the Canvassing Board. IAW Section 102.141(2), F.S.; Publish Notice of Manual Audit FS 101.591(3) & Rule 1S.5.026 (Send to paper on February 27th). March 3, 2017 Deadline to mail out Absentee Ballots. IAW F.S. 101.62(2); Treasurer s Report Due. IAW F.S. 106.07(b) and Division of Elections Formal Opinion 98-03 March 6, 2017 Last day for someone other than the voter to pick up an absentee ballot (except for emergencies that would prevent the elector from appearing at the designated polling place on Election Day). 101.62 (4)(c)(5) March 7, 2017 from 7 a.m. 7 p.m. Conduct Election for Group A, B and C Vacancies. Absentee Ballots Due by 7 p.m. IAW City of Williston Code of Ordinances Part II, Section 20-13(2), F.S. 100.3605 and F.S. 100.011(1); Canvassing Board will conduct a canvass of the returns at the closing of the polls. F.S. 101.5614 March 9, 2017 at 5 pm Evidence regarding validity of Provisional voters due. IAW F.S. 101.048(1) March 10, 2017 at 10 am. Canvassing Board Members will canvass all provisional ballots IAW F.S. 101.048(1); conduct a recount if necessary IAW F.S. 102.166; and conduct a manual audit of the votes. IAW FS 101.591 & Rule 1S.5.026 March 24, 2017 Canvassing Board Report Due. F.S. 101.591(5) April 14, 2017 Treasurer s Report Due for all uncontested candidates. IAW F.S. 106.071(c) and Division of Elections Formal Opinion 98-03 June 5, 2017 Termination Reports Due. IAW F.S. 106.07(1)(c) and F.S. 106.141 This list does not include the preparation activities related to poll workers, training, etc. which will be developed in the course of the election cycle. November 22, 2016 Agenda Packet 60 of 108
RESOLUTION NUMBER 2016-80 A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, APPROVING THE 2017 GENERAL MUNICIPAL ELECTION DATES AND PROCESS AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the Charter of the City of Williston requires biennial elections to fill expired terms of the City Council and Mayor per the established election cycle; and WHEREAS, the City of Williston is bound to conduct the election process as required by Florida Statute; NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. SECTION 2. This Resolution hereby establishes the City of Williston Municipal election date as Tuesday, March 7, 2017 to fill the Group A, Group B and Group C: seats by virtue of their expiring terms. SECTION 3. If any clause, section, other part of application of this resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this resolution. SECTION 4. This resolution shall become effective immediately upon passage and adoption: PASSED AND ADOPTED this 22nd day of November, 2016. CITY OF WILLISTON, FLORIDA ATTEST: Charles Goodman, President City Council Frances V. Taylor, City Clerk November 22, 2016 Agenda Packet 61 of 108
Date: November 22, 2016 COUNCIL AGENDA ITEM RESOLUTION 2016-81: APPOINTMENT OF CANVASSING BOARD REQUESTED BY: CITY CLERK PREPARED BY: CITY CLERK BACKGROUND / DESCRIPTION: Part II, Section 20-7 of the Williston Municipal Code requires that the City Council appoint three persons qualified under state law to serve as the City Canvassing Board. The City of Williston has traditionally appointed the Chief of Police, the City Manager and the Williston Representative to the Levy County Board of County Commissioners to the Canvassing Board. The City Clerk has consulted with the County Supervisor of Elections regarding the individuals to be designated to the Canvassing Board. Thursday, March 2, 2017 at 12:00 pm to certify the accuracy of the pre-election test of the automatic tabulating equipment and to discuss and review the ballot canvassing procedures; Tuesday, March 7, 2017 at 7:00 pm to canvass the returns; Wednesday, March 10, 2017 at 10 am to conduct the manual audit of the votes. LEGAL REVIEW: Draft item furnished to City Attorney on 11/18/2016 for review. FISCAL IMPACTS: None. RECOMMENDED ACTION: Approve the appointment of Police Chief Dennis Strow, City Manager Scott Lippmann and Levy County Commissioner Matt Brooks to serve as members of the City of Williston Canvassing Board for the March 7, 2017 Municipal Election. ATTACHMENTS: CONTRACT XX RESOLUTION 2016-81 MAP LEASE OTHER DOCUMENTS CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COUNCIL ACTION: APPROVED DENIED November 22, 2016 Agenda Packet 62 of 108
RESOLUTION NUMBER 2016-81 A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, APPOINTING THE CANVASSING BOARD FOR THE 2017 GENERAL MUNICIPAL ELECTIONS AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the Charter of the City of Williston requires biennial elections to fill expired terms of the City Council and Mayor per the established election cycle; and WHEREAS, the City of Williston is required to designate a Canvassing Board to canvass the votes in accordance with the City Charter and Florida Statutes; NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. SECTION 2. This Resolution approves the prescribed Canvassing Board consisting of the City Manager, the Chief of Police and the Williston representative from the Levy County Board of County Commissioners. SECTION 3. If any clause, section, other part of application of this resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this resolution. SECTION 4. This resolution shall become effective immediately upon passage and adoption: PASSED AND ADOPTED this 22nd day of November, 2016. CITY OF WILLISTON, FLORIDA ATTEST: Charles Goodman, President City Council Frances V. Taylor, City Clerk November 22, 2016 Agenda Packet 63 of 108
Date: November 22, 2016 COUNCIL AGENDA ITEM DISCUSSION: CITY CLERK PERFORMANCE EVALUATION REQUESTED BY: CITY CLERK PREPARED BY: CITY CLERK BACKGROUND / DESCRIPTION: The City Clerk annual performance review process is required for the period ending October 31, 2016. The process begins with the distribution of the Performance Evaluation forms which are included in the agenda packet. Upon acceptance of the evaluation form, the Council will typically direct the City Clerk to submit a self-evaluation memo for consideration. Upon receipt and review of the self-evaluation, the members will then complete the evaluation form and submit it, as directed, by the Council President. The Council President will compile the forms and submit the compilation to the City Clerk for inclusion, with the self-evaluation, into the next Council meeting agenda packet. The members and City Clerk may then review the complete evaluation at the scheduled regular City Council meeting, as required. Staff recommends the members review the form for approval and determine the next steps in the evaluation process. LEGAL REVIEW: Not applicable. FISCAL IMPACTS: None. RECOMMENDED ACTION: Review the evaluation form for any changes needed and establish/schedule the remainder of the evaluation process. ATTACHMENTS: CONTRACT RESOLUTION MAP LEASE X OTHER DOCUMENTS Evaluation Form CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COUNCIL ACTION: APPROVED DENIED November 22, 2016 Agenda Packet 64 of 108
PURPOSE City of Williston Performance Evaluation City Clerk The purpose of the City Clerk performance evaluation and development report is to increase communication between the City Council and the City Clerk concerning the performance of the City Clerk in the accomplishment of his/her assigned duties and responsibilities, and the establishment of specific work-related goals and objectives. PROCESS The City Council shall conduct an annual review and evaluation of the City Clerk s work performance. The results of such evaluation shall commend areas of good performance and point out areas for improvement. 1. Evaluation forms will be distributed to all Council members. 2. The City Clerk will then prepare a memorandum to the Council including his/her selfevaluation in a narrative format. 4. Each Council member will review the self-evaluation and complete the performance evaluation form, sign, date and return it to the President of the Council. 5. The Council President will tabulate the results of the evaluation forms. The Council President will summarize the results of the evaluation forms as submitted including comments. 6. A composite evaluation form and the City Clerk s self-evaluation will be distributed to the Council prior to the final evaluation meeting. 7. The Council will meet with the City Clerk in open session to review the evaluation. This can take place at a special meeting or at any regular City Council meeting. INSTRUCTIONS Review the City Clerk s work performance for the entire period; try to refrain from basing judgment on recent events or isolated incidents only. Disregard your general impression of the City Clerk and concentrate on one factor at a time. Evaluate the City Clerk on the basis of standards you expect to be met for the job to which assigned considering the length of time in the job. Check the number, which most accurately reflects the level of performance for the factor appraised using the rating scale described below. If you did not have an opportunity to observe a factor during this evaluation period, please indicate so in the N/O column next to the factor. November 22, 2016 Agenda Packet 65 of 108
City Clerk Rating Scale Definitions (1-5) Performance Evaluation Date: Unsatisfactory (1) Improvement needed (2) Meets Job Standard (3) Exceeds Job Standard (4) Outstanding (5) The City Clerk s work performance is inadequate and definitely inferior to the standards of performance required for the job. Performance at this level cannot be allowed to continue. The City Clerk s work performance does not consistently meet the standards of the position. Serious effort is needed to improve performance. The City Clerk s work performance consistently meets the standards of the position. The City Clerk s work performance is frequently or consistently above the level of a satisfactory employee, but has not achieved an overall level of outstanding performance. The City Clerk s work performance is consistently excellent when compared to the standards of the job. I. PERFORMANCE EVALUATION AND ACHIEVEMENTS 1. City Council Relationships 1 2 3 4 5 N/O A. Effectively implements policies and programs approved by the City Council. B. Reporting to the City Council is timely, clear, concise and thorough. C. Accepts direction/instructions in a positive manner. D. Effectively aids the City Council in establishing long range goals. E. Keeps the City Council informed of current plan and activities of administration. F. Provides the City Council with clear report of anticipated issues that could come before the City Council. November 22, 2016 Agenda Packet 66 of 108
Council Relationships Comments: 2. Public Relations 1 2 3 4 5 N/O A. Projects a positive public image. B. Is courteous to the public at all times. C. Maintains effective relations with media representatives. Public Relations Comments: 3. Effective Leadership of Staff 1 2 3 4 5 N/O A. Determines the nature and scope of work to be performed and results to be achieved. B. Develops and implements policies; establishes necessary rules and regulations. C. Department Heads are advised of programs, Plans, etc. on timely basis. Effective Leadership of Staff Comments: November 22, 2016 Agenda Packet 67 of 108
4. Communication 1 2 3 4 5 N/O A. Oral communication is clear, concise and articulate. B. Written communications are clear, concise and accurate. Communication Comments: 5. Personal Traits 1 2 3 4 5 N/O A. Initiative. B. Judgment. C. Adaptability to Change D. Utilizing Job Skill and Knowledge E. Effectiveness Under Pressure Personal Traits Comments: 6. Intergovernmental Affairs 1 2 3 4 5 N/O A. Maintains effective communication with local, regional, state and federal government agencies. B. Contributes to good government through regular participation in local, regional and state committees and organizations. November 22, 2016 Agenda Packet 68 of 108
Intergovernmental Affairs Comments: II. ACHIEVEMENTS RELATIVE TO OBJECTIVES FOR THIS EVALUATION PERIOD: III. SUMMARY RATING Overall Performance Rating - Considering the results obtained against established performance standards as well as overall job performance, the following rating is provided: Unsatisfactory Improvement Needed Meets Job Standards Exceeds Job Standards Outstanding Comments: IV. FUTURE GOALS AND OBJECTIVES Specific goals and objectives to be achieved in the next evaluation period: November 22, 2016 Agenda Packet 69 of 108
This evaluation has been reviewed and discussed between the City Council and the City Clerk on Completion Date City Council Concurrence YES / NO R. Gerald Hethcoat, Mayor YES / NO President Charles Goodman YES / NO Vice-President Nancy Wininger YES / NO Councilman Danny Etheridge YES / NO Councilman Kori Lamb YES / NO Councilman Elihu Ross City Clerk Signature Frances V. Taylor Next Evaluation Date November 22, 2016 Agenda Packet 70 of 108
RESOLUTION NUMBER 2017-82 Amending Budget A RESOLUTION OF THE CITY OF WILLISTON OF LEVY COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-16 AIRPORT FUND BUDGET AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Williston has reviewed revenues and expenditures for Fiscal Year 2015-2016 and determined that budget adjustments should be made. Florida, that: NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, SECTION 1. BUDGET AMENDMENT. The City Council of the City of Williston increases the Fiscal Year 2015-2016 Airport Fund budget by $700,000 as specified in the Fiscal Year 2015-2016 Airport Fund - Budget Amendment of Exhibit A. SECTION 2. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by the City Council. DULY PASSED and approved by the City Council of the City of Williston, Florida, on this 22 th day of November 2016. PASSED AND ADOPTED this 22th day of November, 2016. CITY COUNCIL CITY OF WILLISTON, FLORIDA ATTEST: Charles Goodman, President City Council Frances V. Taylor, City Clerk Attachments: Exhibit A Fiscal Year 2015-2016 Amended Airport Fund Budget November 22, 2016 Agenda Packet 71 of 108
CITY OF WILLISTON Exhibit A: Airport Fund - Budget Amendment Fiscal Year 2015/2016 Original Amended Incr (Decr) Account Number Description Budget Budget in Budget Notes REVENUES 402-344-200 Avgas Fuel Sales $ 352,719 $ 552,719 $ 200,000 (1) TOTAL REVENUES 352,719 552,719 200,000 EXPENSES 402-542-030-352-1 Materials & Supplies-Avgas Fuel 303,339 503,339 200,000 (1) TOTAL EXPENSES 303,339 503,339 200,000 NON-OPERATING REVENUE (EXPENSES) 402-542-060-062 Capital Improvements - (Grants) (291,000) (791,000) (500,000) (2) 402-331-000 JPA Revenue (Grants) 257,700 757,700 500,000 (2) TOTAL NON-OPERATING REVENUES (EXPENSES) (33,300) (33,300) - TOTAL REVENUES OVER (UNDER) EXPENSES $ 16,081 $ 16,081 $ - Notes (1) Increase to AVGas fuel budget due to increased fuel sales at the Airport. (2) Increase to capital improvement budget to finalize Airport projects. November 22, 2016 Agenda Packet 72 of 108
Date: November 22, 2016 COUNCIL AGENDA ITEM TOPIC: Write off uncollectible Accounts Receivable balances for Utility Customers BACKGROUND / DESCRIPTION: The City of Williston has 37 Utility accounts that are at least 240 days past due as of September 30, 2016 and have been deemed uncollectible. The total amount of these accounts is $5,797.99 which is less than the total amount budgeted for fiscal year 2016 write-offs (as shown below). It is unlikely that the accounts will be paid, however; payments may still be accepted after the accounts have been written off. As part of the Finance departments normal operating procedures, the following steps are taken to maximize collection and minimize uncollectible balances. Penalties are added to delinquent accounts immediately after the deadline for payment has passed. Accounts are disconnected/cut-off approximately 5 days following due date for payments. Within three days after disconnection/cut-off, all past due accounts are closed and a final bill is issued. At this time, any deposit balances are applied against the account. Approximately 30-60 days after final bill, a notice is mailed to the customer requesting payment for outstanding debt. After notice is mailed, past due accounts are turned over to debt management company for further collection activities. Any returning customers must pay outstanding debt at time of re-connection. The details for the accounts deemed uncollectible are shown and listed in Exhibit "A". LEGAL: REVIEW: Not Applicable XX Review and Approved: Date FISCAL IMPACTS: Included in the FY15/16 budget are accounts in the Utility fund established to offset and record bad debt amounts. These accounts are listed below: Account # Account Description Amount Budgeted 405-531-090-050 Bad debt charged off $10,000 405-532-090-050 Bad debt charged off $ 1,000 405-533-090-050 Bad debt charged off $ 1,000 405-534-090-050 Bad debt charged off $ 791 405-535-090-050 Bad debt charged off $ 1,000 Total $13,791 RECOMMENDED ACTION: Approve and adopt resolution 2016-83 to write off uncollectible accounts. COMMISSION ACTION: APPROVED DISAPPROVED November 22, 2016 Agenda Packet 73 of 108
RESOLUTION NUMBER 2016-83 Writing Off Uncollectible Accounts Receivable Balances A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, AUTHORIZING THE WRITE OFF OF UNCOLLECTIBLE ACCOUNTS (BAD DEBTS) AND; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City has 37 accounts with unpaid Utility accounts receivable balances totaling $5,797.99 which have been deemed uncollectible by City staff; and WHEREAS, it is necessary to remove these delinquent accounts deemed uncollectible from the City s accounting records. NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that: the list of accounts listed on Exhibit A shall be removed from the City s accounting records. SECTION 1. Authorize the write off of current bad debts. The City Council hereby authorizes write-off of the bad debts recorded in the City s accounts receivable system. SECTION 2. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. DULY PASSED and approved by the City Council of the City of Williston, Florida, on this 22nd day of November 2016. PASSED AND ADOPTED this 1st day of November 2016. CITY COUNCIL CITY OF WILLISTON, FLORIDA ATTEST: Charles Goodman, President City Council Frances V. Taylor, City Clerk November 22, 2016 Agenda Packet 74 of 108
City of Williston Exhibit A - A/R Write-offs for Utility Fund Account Customer Name Date Billed Date Due Arrears Write Off Number Service Code Amount 2125 WILLIE MAE HENRY 0001063 RE 01/22/15 02/06/15 $ 54.95 WA 01/22/15 02/06/15 $ 9.23 SW 01/22/15 02/06/15 $ 24.17 GB 01/22/15 02/06/15 $ 14.09 Account Totals $ 102.44 $ 102.44 2494 ARNOLD SAULS 0001227 RE 04/25/15 05/10/15 $ 29.44 RE 04/25/15 05/10/15 $ 6.24 GA 04/25/15 05/10/15 $ 6.60 WA 04/25/15 05/10/15 $ 7.15 SW 04/25/15 05/10/15 $ 25.00 GB 04/25/15 05/10/15 $ 14.58 RE 05/12/15 05/12/15 $ - GA 05/12/15 05/12/15 $ - WA 05/12/15 05/12/15 $ - RE 05/25/15 06/10/15 $ 32.85 RE 05/25/15 06/10/15 $ 6.45 GA 05/25/15 06/10/15 $ 6.60 WA 05/25/15 06/10/15 $ 7.26 SW 05/25/15 06/10/15 $ 25.00 GB 05/25/15 06/10/15 $ 14.58 RE 06/05/15 06/20/15 $ 8.13 GA 06/05/15 06/20/15 $ 2.64 WA 06/05/15 06/20/15 $ 2.75 SW 06/05/15 06/20/15 $ 10.00 GB 06/05/15 06/20/15 $ 5.83 Account Totals $ 211.10 $ 241.10 5861 LIND B PITTS 0001720 WO 03/25/15 04/10/15 $ 6.71 SW 03/25/15 04/10/15 $ 25.00 WO 04/23/15 05/08/15 $ 10.34 SW 04/23/15 05/08/15 $ 35.83 Account Totals $ 77.88 $ 77.88 9693 ROSEMARIE BROWN 0001958 RE 04/23/15 05/08/15 $ 33.86 WA 04/23/15 05/08/15 $ 6.82 SW 04/23/15 05/08/15 $ 25.00 November 22, 2016 Agenda Packet 75 of 108
GB 04/23/15 05/08/15 $ 14.58 Account Totals $ 80.26 $ 80.26 10287 RICHARD A. WILLIAMS 0001390 RE 11/25/15 12/10/15 $ 11.71 RE 11/25/15 12/10/15 $ 0.47 GA 11/25/15 12/10/15 $ 11.44 WA 11/25/15 12/10/15 $ 7.37 SW 11/25/15 12/10/15 $ 25.00 GB 11/25/15 12/10/15 $ 14.58 GT 11/25/15 12/10/15 $ 0.24 RE 12/16/15 12/31/15 $ 8.12 GA 12/16/15 12/31/15 $ 8.84 WA 12/16/15 12/31/15 $ 6.05 SW 12/16/15 12/31/15 $ 22.50 GB 12/16/15 12/31/15 $ 13.12 GT 12/16/15 12/31/15 $ 0.15 Account Totals $ 129.59 $ 129.59 12726 JESSICA GRIMES 0000749 RE 07/25/15 08/10/15 $ 128.66 RE 07/25/15 08/10/15 $ 58.34 WA 07/25/15 08/10/15 $ 10.34 SW 07/25/15 08/10/15 $ 25.00 GB 07/25/15 08/10/15 $ 14.58 WA 08/11/15 08/11/15 $ - WA 08/25/15 09/10/15 $ 54.34 SW 08/25/15 09/10/15 $ 54.25 GB 08/25/15 09/10/15 $ 14.58 WA 09/09/15 09/24/15 $ 2.64 SW 09/09/15 09/24/15 $ 9.17 GB 09/09/15 09/24/15 $ 5.35 Account Totals $ 377.25 $ 387.25 12885 STEPHANIE SCHONBORN 0000793 SW 09/25/15 10/10/15 $ 10.92 GB 09/25/15 10/10/15 $ 14.58 GA 10/13/15 10/13/15 $ (0.98) WA 10/13/15 10/13/15 $ - WA 10/23/15 11/07/15 $ 34.65 SW 10/23/15 11/07/15 $ 46.33 GB 10/23/15 11/07/15 $ 19.44 Account Totals $ 124.94 $ 144.94 13039 EQUILLIA MAE COX 0000086 GA 12/25/14 01/10/15 $ 44.67 WA 12/25/14 01/10/15 $ 25.30 November 22, 2016 Agenda Packet 76 of 108
GB 12/25/14 01/10/15 $ 14.58 GT 12/25/14 01/10/15 $ 3.22 GA 01/13/15 01/13/15 $ - WA 01/13/15 01/13/15 $ - GA 01/22/15 02/06/15 $ 46.42 WA 01/22/15 02/06/15 $ 25.52 GB 01/22/15 02/06/15 $ 17.98 GT 01/22/15 02/06/15 $ 1.56 Account Totals $ 179.25 $ 199.25 13127 ANA COTZOJAY 0001413 SW 08/25/15 09/10/15 $ 21.05 GB 08/25/15 09/10/15 $ 14.58 WA 09/23/15 10/08/15 $ 11.55 SW 09/23/15 10/08/15 $ 25.83 GB 09/23/15 10/08/15 $ 15.07 Account Totals $ 88.08 $ 88.08 13132 LUCINDA THOMAS 0001404 WA 07/14/15 07/14/15 $ (6.18) RE 07/25/15 08/10/15 $ 72.87 RE 07/25/15 08/10/15 $ 34.17 WA 07/25/15 08/10/15 $ 8.69 SW 07/25/15 08/10/15 $ 25.00 GB 07/25/15 08/10/15 $ 14.58 WA 08/11/15 08/11/15 $ - WA 08/25/15 09/10/15 $ 8.25 SW 08/25/15 09/10/15 $ 25.00 GB 08/25/15 09/10/15 $ 14.58 WA 09/09/15 09/24/15 $ 6.05 SW 09/09/15 09/24/15 $ 20.83 GB 09/09/15 09/24/15 $ 12.15 Account Totals $ 235.99 $ 255.99 13247 JANESSA NICOLE WELCH 0001057 RE 02/25/15 03/10/15 $ 41.33 RE 02/25/15 03/10/15 $ 57.87 WA 02/25/15 03/10/15 $ 16.06 SW 02/25/15 03/10/15 $ 28.00 GB 02/25/15 03/10/15 $ 14.58 WA 03/11/15 03/11/15 $ - WA 03/23/15 04/07/15 $ 13.53 SW 03/23/15 04/07/15 $ 34.17 GB 03/23/15 04/07/15 $ 19.93 Account Totals $ 225.47 $ 235.47 13371 THOMAS J GOEDECK JR 0000655 November 22, 2016 Agenda Packet 77 of 108
RE 07/25/15 08/10/15 $ 178.64 RE 07/25/15 08/10/15 $ 60.82 GA 07/25/15 08/10/15 $ 15.40 WA 07/25/15 08/10/15 $ 11.00 SW 07/25/15 08/10/15 $ 25.00 GB 07/25/15 08/10/15 $ 14.58 GT 07/25/15 08/10/15 $ 0.39 RE 08/11/15 08/11/15 $ (9.49) GA 08/11/15 08/11/15 $ - WA 08/11/15 08/11/15 $ - GA 08/25/15 09/10/15 $ 16.30 WA 08/25/15 09/10/15 $ 258.94 SW 08/25/15 09/10/15 $ 239.40 GB 08/25/15 09/10/15 $ 14.58 GT 08/25/15 09/10/15 $ 0.39 GA 09/11/15 09/11/15 $ - WA 09/11/15 09/11/15 $ - GA 09/23/15 10/08/15 $ 9.57 WA 09/23/15 10/08/15 $ 12.98 SW 09/23/15 10/08/15 $ 31.67 GB 09/23/15 10/08/15 $ 18.47 GT 09/23/15 10/08/15 $ 0.05 Account Totals $ 898.69 $ 948.69 13431 BRITTANY ROBERTS 0001332 RE 08/25/15 09/10/15 $ 13.25 GA 08/25/15 09/10/15 $ 7.81 WA 08/25/15 09/10/15 $ 59.29 GB 08/25/15 09/10/15 $ 14.58 GT 08/25/15 09/10/15 $ 0.05 WA 09/11/15 09/11/15 $ - GA 09/11/15 09/11/15 $ - GA 09/25/15 10/10/15 $ 8.55 WA 09/25/15 10/10/15 $ 35.20 SW 09/25/15 10/10/15 $ 40.00 GB 09/25/15 10/10/15 $ 14.58 GT 09/25/15 10/10/15 $ 0.10 GA 10/13/15 10/13/15 $ - WA 10/13/15 10/13/15 $ - GA 10/25/15 11/10/15 $ 7.54 WA 10/25/15 11/10/15 $ 13.16 SW 10/25/15 11/10/15 $ 25.80 GB 10/25/15 11/10/15 $ 14.58 GT 10/25/15 11/10/15 $ 0.05 GA 11/05/15 11/20/15 $ 4.18 WA 11/05/15 11/20/15 $ 4.95 SW 11/05/15 11/20/15 $ 15.83 November 22, 2016 Agenda Packet 78 of 108
GB 11/05/15 11/20/15 $ 9.23 Account Totals $ 288.73 $ 328.73 13436 TIFFANY GARTNER 0002164 SW 02/23/15 03/11/15 $ 15.71 Account Totals $ 15.71 $ 15.71 13445 ALBERT GARY CROUCH 0002033 SW 11/05/15 11/20/15 $ 10.65 GB 11/05/15 11/20/15 $ 7.78 Account Totals $ 18.43 $ 18.43 13652 AMY ROBINSON 0001423 SW 09/25/15 10/10/15 $ 14.79 GB 09/25/15 10/10/15 $ 14.58 WA 10/13/15 10/13/15 $ - WA 10/23/15 11/07/15 $ 9.79 SW 10/23/15 11/07/15 $ 23.33 GB 10/23/15 11/07/15 $ 13.61 Account Totals $ 76.10 $ 86.10 13820 KERRIE / WILLIAM COL 0000854 SW 08/25/15 09/10/15 $ 8.89 GB 08/25/15 09/10/15 $ 14.58 WA 09/09/15 09/24/15 $ 14.39 SW 09/09/15 09/24/15 $ 26.07 GB 09/09/15 09/24/15 $ 14.09 Account Totals $ 78.02 $ 78.02 13902 REGINA POE 0001072 GB 05/25/15 06/10/15 $ 14.58 SW 05/25/15 06/10/15 $ 28.10 RE 05/25/15 06/10/15 $ 14.85 RE 05/25/15 06/10/15 $ 20.32 WA 05/25/15 06/10/15 $ 16.19 WA 06/12/15 06/12/15 $ - GB 06/25/15 07/10/15 $ 14.58 SW 06/25/15 07/10/15 $ 25.60 WA 06/25/15 07/10/15 $ 12.89 GB 07/08/15 07/23/15 $ 6.80 SW 07/08/15 07/23/15 $ 11.67 WA 07/08/15 07/23/15 $ 4.29 Account Totals $ 169.87 $ 179.87 13998 VAUNITA BABB 0000527 WA 01/22/15 02/06/15 $ 1.34 SW 01/22/15 02/06/15 $ 24.17 November 22, 2016 Agenda Packet 79 of 108
GB 01/22/15 02/06/15 $ 14.09 Account Totals $ 39.60 $ 39.60 14038 MEGHAN PIRRO 0001235 RE 04/25/15 05/10/15 $ 36.75 RE 04/25/15 05/10/15 $ 31.75 WA 04/25/15 05/10/15 $ 15.66 SW 04/25/15 05/10/15 $ 27.70 GB 04/25/15 05/10/15 $ 14.58 WA 05/12/15 05/12/15 $ - WA 05/21/15 06/05/15 $ 15.44 SW 05/21/15 06/05/15 $ 30.87 GB 05/21/15 06/05/15 $ 17.01 Account Totals $ 189.76 $ 199.76 14071 SANDRA LOCKHART 0000550 SW 01/25/15 02/10/15 $ 7.36 GB 01/25/15 02/10/15 $ 14.58 WA 02/11/15 02/11/15 $ - WA 02/23/15 03/11/15 $ 9.24 SW 02/23/15 03/11/15 $ 27.50 GB 02/23/15 03/11/15 $ 16.04 Account Totals $ 74.72 $ 84.72 14129 MARKINA DAYS 0002130 SW 08/25/15 09/10/15 $ 23.52 WA 09/09/15 09/24/15 $ 2.53 SW 09/09/15 09/24/15 $ 9.17 Account Totals $ 35.22 $ 35.22 14130 JAMES MAPP 0000647 RE 05/25/15 06/10/15 $ 17.70 WA 05/25/15 06/10/15 $ 13.29 SW 05/25/15 06/10/15 $ 25.90 GB 05/25/15 06/10/15 $ 14.58 WA 06/05/15 06/20/15 $ 8.69 SW 06/05/15 06/20/15 $ 19.17 GB 06/05/15 06/20/15 $ 11.18 Account Totals $ 110.51 $ 110.51 14135 ROY TIMOTHY RUTLIN 0001182 GB 04/25/15 05/10/15 $ 11.68 WA 05/04/15 05/19/15 $ 3.41 SW 05/04/15 05/19/15 $ 10.83 GB 05/04/15 05/19/15 $ 6.32 Account Totals $ 32.24 $ 32.24 November 22, 2016 Agenda Packet 80 of 108
14195 YAJAIRA HERNANDEZ 0000758 RE 07/25/15 08/10/15 $ 117.30 RE 07/25/15 08/10/15 $ 57.68 WA 07/25/15 08/10/15 $ 31.29 SW 07/25/15 08/10/15 $ 37.20 GB 07/25/15 08/10/15 $ 29.16 WA 08/11/15 08/11/15 $ - WA 08/17/15 09/01/15 $ 14.26 SW 08/17/15 09/01/15 $ 27.97 GB 08/17/15 09/01/15 $ 31.10 Account Totals $ 345.96 $ 355.96 14196 STEPHEN BURNETT 0000262 GB 02/05/15 02/20/15 $ 11.09 Account Totals $ 11.09 $ 11.09 14199 APRIL TOMPKINS 0000330 SW 05/04/15 05/19/15 $ 2.69 GB 05/04/15 05/19/15 $ 10.21 GT 05/04/15 05/19/15 $ 0.28 Account Totals $ 13.18 $ 13.18 14205 BOBBIE JO STARK 0001065 RE 10/25/15 11/10/15 $ 2.40 RE 10/25/15 11/10/15 $ 14.10 WA 10/25/15 11/10/15 $ 11.44 SW 10/25/15 11/10/15 $ 25.00 GB 10/25/15 11/10/15 $ 14.58 WA 11/13/15 11/13/15 $ - WA 11/25/15 12/10/15 $ 8.91 SW 11/25/15 12/10/15 $ 25.00 GB 11/25/15 12/10/15 $ 14.58 WA 12/04/15 12/19/15 $ 4.29 SW 12/04/15 12/19/15 $ 11.67 GB 12/04/15 12/19/15 $ 6.80 Account Totals $ 138.77 $ 148.77 14292 TIFFANY HAWTHORNE 0002183 RE 09/25/15 10/10/15 $ 40.48 RE 09/25/15 10/10/15 $ 21.33 WA 09/25/15 10/10/15 $ 11.91 SW 09/25/15 10/10/15 $ 25.00 WA 10/13/15 10/13/15 $ - WA 10/25/15 11/10/15 $ 8.36 SW 10/25/15 11/10/15 $ 25.00 WA 11/05/15 11/20/15 $ 2.86 SW 11/05/15 11/20/15 $ 10.83 November 22, 2016 Agenda Packet 81 of 108
Account Totals $ 145.77 $ 155.77 14316 ANDREA MCVAY 0001186 SW 06/22/15 07/07/15 $ 4.41 GB 06/22/15 07/07/15 $ 14.09 Account Totals $ 18.50 $ 18.50 14318 QUINNTINA RACKARD 0000086 GB 05/25/15 06/10/15 $ 5.25 GT 05/25/15 06/10/15 $ 0.24 RE 06/25/15 07/10/15 $ 47.82 RE 06/25/15 07/10/15 $ 31.62 GA 06/25/15 07/10/15 $ 11.09 WA 06/25/15 07/10/15 $ 7.59 GB 06/25/15 07/10/15 $ 14.58 GT 06/25/15 07/10/15 $ 0.19 GA 07/14/15 07/14/15 $ - WA 07/14/15 07/14/15 $ - GA 07/25/15 08/10/15 $ 9.90 WA 07/25/15 08/10/15 $ 6.93 GB 07/25/15 08/10/15 $ 14.58 GT 07/25/15 08/10/15 $ 0.15 GA 08/05/15 08/20/15 $ 4.18 WA 08/05/15 08/20/15 $ 3.08 GB 08/05/15 08/20/15 $ 6.80 GT 08/05/15 08/20/15 $ 0.05 Account Totals $ 164.05 $ 184.05 14325 JAQULYN CARLISLE 0000258 RE 09/11/15 09/11/15 $ - WA 09/11/15 09/11/15 $ - RE 09/25/15 10/10/15 $ 23.71 WA 09/25/15 10/10/15 $ 9.35 SW 09/25/15 10/10/15 $ 25.00 GB 09/25/15 10/10/15 $ 14.58 WA 10/06/15 10/21/15 $ 4.95 SW 10/06/15 10/21/15 $ 16.67 GB 10/06/15 10/21/15 $ 9.72 Account Totals $ 103.98 $ 123.98 14328 DANNIELLE RODRIGUEZ 0001180 WA 07/14/15 07/14/15 $ (9.52) WA 07/25/15 08/10/15 $ 11.00 SW 07/25/15 08/10/15 $ 25.00 GB 07/25/15 08/10/15 $ 14.58 WA 08/05/15 08/20/15 $ 4.29 SW 08/05/15 08/20/15 $ 15.00 November 22, 2016 Agenda Packet 82 of 108
GB 08/05/15 08/20/15 $ 8.75 Account Totals $ 69.10 $ 79.10 14329 TONYA SHIPP 0001465 RE 10/25/15 11/10/15 $ 287.51 RE 10/25/15 11/10/15 $ 46.71 WA 10/25/15 11/10/15 $ 19.36 SW 10/25/15 11/10/15 $ 30.36 GB 10/25/15 11/10/15 $ 14.58 WA 11/13/15 11/13/15 $ - WA 11/23/15 12/02/15 $ 18.92 SW 11/23/15 12/02/15 $ 32.83 GB 11/23/15 12/02/15 $ 16.52 Account Totals $ 466.79 $ 476.79 14375 SHARON HATHCOX 0000330 SW 11/05/15 11/20/15 $ 10.43 GB 11/05/15 11/20/15 $ 8.26 GT 11/05/15 11/20/15 $ 0.29 Account Totals $ 18.98 $ 18.98 14409 MEYOSHIA ROBINSON 0001221 SW 08/25/15 09/10/15 $ 15.27 MC 08/25/15 09/10/15 $ 8.00 WA 09/11/15 09/11/15 $ - WA 09/23/15 10/08/15 $ 8.36 SW 09/23/15 10/08/15 $ 31.67 Account Totals $ 63.30 $ 73.30 14491 JOSEPH E. NORRIS II 0000195 GB 11/25/15 12/10/15 $ 7.88 WA 12/04/15 12/19/15 $ 4.40 SW 12/04/15 12/19/15 $ 16.67 GB 12/04/15 12/19/15 $ 9.72 Account Totals $ 38.67 $ 38.67 Grand Totals $ 5,797.99 November 22, 2016 Agenda Packet 83 of 108
Date: November 22, 2016 COUNCIL AGENDA ITEM TOPIC: Write off uncollectible Accounts Receivable balances for Airport Customers BACKGROUND / DESCRIPTION: The City of Williston has 3 Airport accounts that are at least 240 days past due as of September 30, 2016 and have been deemed uncollectible. The total amount of these accounts is $1,780.69 which is a little more than the total amount budgeted for fiscal year 2016 write-offs (as shown below). It is unlikely that the accounts will be paid, however payments may still be accepted after the accounts have been written off. As part of the Finance departments normal operating procedures, the following steps are taken to maximize collection and minimize uncollectible balances. Penalties may be added to delinquent accounts after the deadline for payment has passed based on the lease agreement. Approximately 30-60 days after lease ends, a notice is mailed to the customer requesting payment for outstanding debt. Additional follow-up activities including telephone calls and letters continue if payment is not received. If previous efforts are unsuccessful, past due accounts are turned over to debt management company for further collection activities. Any returning customers must pay outstanding debt at time of return. The details for the accounts deemed uncollectible are shown and listed in Exhibit "A". LEGAL: REVIEW: Not Applicable XX Review and Approved: Date FISCAL IMPACTS: Included in the FY15/16 budget are accounts in the Airport fund established to offset and record bad debt amounts. These accounts are listed below: Account # Account Description Amount Budgeted 402-542-090-050 Bad debt charged off $ 1,000 Total $ 1,000 RECOMMENDED ACTION: Approve and adopt resolution 2016-84 to write off uncollectible accounts. COMMISSION ACTION: APPROVED DISAPPROVED November 22, 2016 Agenda Packet 84 of 108
RESOLUTION NUMBER 2016-84 Writing Off Uncollectible Accounts Receivable Balances A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, AUTHORIZING THE WRITE OFF OF UNCOLLECTIBLE ACCOUNTS (BAD DEBTS) AND; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City has 3 accounts with unpaid Airport accounts receivable balances totaling $1,780.69 which have been deemed uncollectible by City staff; and WHEREAS, it is necessary to remove these delinquent accounts deemed uncollectible from the City s accounting records. NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that: the list of accounts listed on Exhibit A shall be removed from the City s accounting records. SECTION 1. Authorize the write off of current bad debts. The City Council hereby authorizes write-off of the bad debts recorded in the City s accounts receivable system. SECTION 2. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. DULY PASSED and approved by the City Council of the City of Williston, Florida, on this 22nd day of November 2016. PASSED AND ADOPTED this 1st day of November 2016. CITY COUNCIL CITY OF WILLISTON, FLORIDA ATTEST: Charles Goodman, President City Council Frances V. Taylor, City Clerk November 22, 2016 Agenda Packet 85 of 108
City of Williston Exhibit A - A/R Write-offs for Airport Fund Account Customer Name Date Billed Date Due Arrears Write Off Number Service Code Amount 44 Island Freight Services, Inc. 1/1/2012 1/1/2012 $ 1,202.11 $ 1,202.11 97 Coastal Carting / LEMP 11/1/2012 11/1/2012 $ 150.58 $ 150.58 44816 Runway Enterprises 4/27/2009 4/27/2009 $ 428.00 $ 428.00 Grand Total $ 1,780.69 November 22, 2016 Agenda Packet 86 of 108
City of Williston Financial Report September 30, 2016 November 22, 2016 Agenda Packet 87 of 108
Table of Contents Page # Financial Overview 1-6 Balance Sheet - All Funds 7 Summary of Revenues and Expenditures / Expenses General Fund 8 Airport Fund 9 CRA Fund 10 Utility Fund - All Services 11 Adminstration 12 Electric Services 13 Gas Services 14 Water Services 15 Waste Collection 16 Sewer Services 17 Capital Improvement Program (CIP) Fund 18 Capital Improvement Program Capital Projects - Spending Report.. 19 Capital Purchases - Spending Report.. 20 November 22, 2016 Agenda Packet 88 of 108
Financial Overview September 30, 2016 (100% of Year Complete) The financial overview is designed to provide additional information helpful when reviewing the monthly financial statements. Please keep in mind that these are unaudited financial statements and could change depending on the adjustments made throughout the audit process. For additional information not included in this report, please contact the Finance Department at City Hall. CITY-WIDE ALL FUNDS City-wide Revenues: Total City-wide revenue through September was approximately $9.94 million or 99.6% of the annual budget (excluding only expected grant revenue). Chart 1 shows a breakdown of the total revenue by source. City-wide Expenditures: Total expenditures through September were approximately $8.8 million or 89.8% of the annual budget (excluding only capital outlay). [See chart 2 below for breakdown by type]. Cash and Investments: Total cash & investments as of September were approximately $4.1 million. Of that amount, approximately $3.86 million are held in CDs with the balance available for City operations. Approximately $3.1 million of the CDs are from the Utility Fund with $775.8 thousand from the General Fund. Capital Expenditures: There were two Dodge chargers purchased in October by the police department and a Knuckle boom purchased in September by the Utility department. See page 19-20 for more information on all budgeted capital purchases and projects. November 22, 2016 Agenda [1] Packet 89 of 108
Financial Overview September 30, 2016 (100% of Year Complete) GENERAL FUND Overview: Through September, the revenues in the General Fund exceeded expenditures by approximately $9.9 thousand which was approximately $79.7 thousand less than last year at this time. The factors which contributed to the General Fund s current financial position are discussed below. Revenues: Total revenue through September was approximately $2.6 million or 96.9% of the annual budget (excluding grant revenue). A breakdown of the total revenue is shown in Chart 3. Included in the YTD total is a $638.2 thousand transferred from the Utility fund as well as $225.5 thousand invoice for fire services. Property taxes was approximately 101.0% collected through September. Expenditures: Total expenditures through September were approximately $2.6 million or 96.6% of the annual budget. Chart 4 below shows a breakdown of the total expenditures for the year by department and percent of budget spent. The next page discusses any significant variances for the fiscal year. November 22, 2016 Agenda [2] Packet 90 of 108
Financial Overview September 30, 2016 (100% of Year Complete) GENERAL FUND Expenditures: (continued) Administrative: The advertising line item includes annual cost for ad space on hardisonink.com and meeting Ads for agenda items. The other contractual services line includes annual cost for Municode and cost for North Central planning services ($5.25 thousand). The miscellaneous line item includes allocated portion of credit card fees (merchant account) as well as holiday expenses. The material & supplies line item includes approximately $7 thousand for new phone system and $3.2 thousand for new computers. Planning & Zoning: The advertising line includes Ads to replace planning position. The training line includes cost for strategic planning course held with Staff and Council. Building Permits: The other contractual services line includes approximately $30.0 thousand to Florida Municipal for building services. The revenue from building permits offsets this expenditure. Police: The information technology services line item includes $31.3 thousand for CAD software. Animal Control: The vehicle repairs & maintenance line item includes $1.4 thousand for repair to F150. Fire: The salaries and wages line items is at approximately 128.3% of the budget. Through September, the fire department has responded to 263 more calls than last year at the same time (1,389 versus 1,126). The fire prevention education line includes approximately $1.1 thousand in miscellaneous supplies. The vehicle repairs and maintenance line includes the cost for tire replacement, pump repairs and other required maintenance work. The materials and supplies line includes $12.4 thousand for hose purchases, $3.8 thousand for radios, $3.4 thousand for hurricane fan, and $2.1 thousand for fire skid. Public Works: The vehicle repairs line includes $2.4 thousand for Continental TerraPlus HD3 drive tires. The materials and supplies line item includes operational supplies including signs and small tools. CRA FUND Overview: The annual distribution from the County of $104.6 thousand was received in December. There has been no significant spending activity in this fund through September with the exception of engineering services ($27.8 thousand) for the downtown parking plan. November 22, 2016 Agenda [3] Packet 91 of 108
Financial Overview September 30, 2016 (100% of Year Complete) AIRPORT FUND Overview: Through September, the Airport Fund had a surplus of approximately $6.3 thousand which was approximately $112.1 thousand less than last year at this time. The numbers last year at this time included timber revenue. No timber revenue has been received for FY2016. Other factors which contributed to the Airport Fund s current financial position are discussed in the paragraphs below. The Airport Fund had a $116.7 thousand fund balance through September which was an increase of approximately $6.3 thousand compared to the previous fiscal year-end total of $110.5 thousand. Approximately $71.5 thousand of the fund balance was related to a notes payable due to the General Fund (loan); $3.4 thousand of the overall fund balance was the net operating cash surplus for the fund; with the balance approximately $184.8 thousand representing the extent with which the other current assets within the Airport Fund exceeded the current liabilities [see Chart 5]. Revenues: Total revenue through September was approximately $920.4 thousand or 106.6% of the annual budget not including grant revenue. Total fuel sales through September were higher than last year by approximately 8.7% or $50.8 thousand [see Chart 6 for comparison to prior year]. Expenditures: Total expenditures through September were approximately $900.1 thousand or 110.8% of the annual budget (excluding only capital outlay on grants). There were no significant spending variances through September with the exception of the capital outlay purchases (Lav. Cart / GPU unit) which exceed the budget by approximately $6.5 thousand as well as overtime required at the airport. November 22, 2016 Agenda [4] Packet 92 of 108
Financial Overview September 30, 2016 (100% of Year Complete) UTILITY FUND Overview: The Utility Fund had a surplus of $461.8 thousand through September. Without an estimated $418.0 thousand of depreciation expense (non-cash transaction) which was recorded, the fund would have generated a surplus of $879.8 thousand for the fiscal year. Included in the total revenue was $287.9 thousand received from Levy County for infrastructure work performed for the new school. Also of note, the Utility Fund contributed approximately $638.2 thousand to the General Fund. Additional information on the Utility Fund is provided in Chart 7, which shows the operating and net income for each of the City s services. Please note that all grant revenue and capital expenses were excluded from the chart along with revenue received from the County. The operating income shown is the difference between operating revenues and operating expenses (including depreciation) for each service type. The amount transferred to the General Fund is not included in the operating income calculation but is included in the net income calculation. Through September, only electric and solid waste services had a positive operating income. All services did break about even before the depreciation expense was recorded with the exception of gas services. Only the electric and solid waste services had a positive net income after subtracting the allocation of the transfer to the General Fund. [See Exhibit 1 below for more details] Exhibit 1: Utility Fund - Operating and Net Income by Service Type Solid Electric Gas Water Waste Sew er Total Operating Revenue Service Charges 3,670.0 280.7 400.8 533.3 452.1 5,336.8 Other 39.1 3.0 4.3 5.7 4.8 56.9 Total 3,709.1 283.7 405.1 539.0 456.9 5,393.7 Operating Expenses Department Costs 2,531.8 333.0 288.2 488.2 384.0 4,025.2 Administrative Alloc 71.3 5.5 7.8 10.4 8.8 103.7 Depreciation 89.5 48.8 131.7-146.5 416.5 Total 2,692.7 387.3 427.7 498.5 539.3 4,545.4 Operating Income 1,016.4 (103.6) (22.6) 40.5 (82.4) 848.3 Non-operating income / (expenses) Interest income 10.2 0.8 1.1 1.5 1.3 14.8 Transfer to GF / CIP (247.9) (72.2) (200.1) (26.9) (142.1) (689.1) Total (237.7) (71.4) (199.0) (25.4) (140.9) (674.3) Net Income 778.7 (175.0) (221.6) 15.1 (223.3) 174.0 November 22, 2016 Agenda [5] Packet 93 of 108
Financial Overview September 30, 2016 (100% of Year Complete) UTILITY FUND (continued) Revenues: Total revenue through September was approximately $5.7 million or 90.8% of the annual budget. The electric billing was approximately $3.6 million or 63.9% of the total revenue (excluding grant revenue). Chart 8 shows the percentage of each utility service compared to total revenue. Included in the total revenue was $287.9 thousand from Levy County for infrastructure work performed for the new school. Expenses: Total expenses through September were approximately $4.8 million or 76.8% of the annual budget (excluding capital outlay & depreciation). Below are the significant variances through September. Electric: The vehicle repairs line also includes $2.4 thousand for Continental TerraPlus HD3 drive tires. The materials and supplies line item includes cost for new transformers, material issued from inventory for work orders and other operating supplies. Gas: The repairs to equipment line includes cost for regulator repairs and related supply purchases (Devtech - $10.7 thousand). Water: The material and supplies line item includes $4.9 thousand for purchase of EZ Valve as well as material issued from inventory for work orders. The professional services line includes $4 thousand for drinking water license fee. Sewer Collection/Treatment: The repairs to equipment line includes approximately $21.9 thousand in hydromatic pump repairs. The utilities line includes bills from City accounts. The material and supplies line includes invoices for new pumps and hypochlorite solution. The professional services line item includes engineering services for CDGB project. CAPITAL IMPROVEMENT PROGRAM (CIP) FUND Overview: There were two Dodge chargers purchased in October by the police department and a Knuckle boom purchased in September by the Utility department. See page 19-20 for more information on all budgeted capital purchases and projects. November 22, 2016 Agenda [6] Packet 94 of 108