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HomeMy Public PortalAbout02132023 City Council Regular Meeting Agenda Packet CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 13, 2023 6:00 P.M. CITY COUNCIL CHAMBERS The Public is invited to view our meetings on the City of Crestview Live stream at https://www.cityofcrestview.org or the City of Crestview Facebook Page. You may submit questions on any agenda item in advance (by 3:00 p.m. the day of the meeting to cityclerk@cityofcrestview.org. 1. Call to Order 2. Invocation, Pledge of Allegiance 2.1. Elder Sylvestor Echols from the First Church of God in Christ 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Presentations and Reports 5.1. Moment of Silence for Mr. Malcolm Haynes 5.2. S.W.A.T. Club - Crestview High School 6. Consent Agenda 6.1. Approval of the January 23, 2023 Regular Meeting Minutes 7. Public Hearings / Ordinances on Second Reading 8. Ordinances on First Reading 8.1. Create Legislation and Conduct an Open Forum for Council to Discuss a Smoking and Vaping Ban in City Parks 9. Resolutions 9.1. Annexation Fee Moratorium Extension 10. Action Items 10.1. Blackwater Golf Course Entrance and Parking Lot Improvements 11. City Clerk Report 12. City Manager Report Page 1 of 39 12.1. Tentative Budget Workshops and Hearings 13. Comments from the Mayor and Council 14. Comments from the Audience 15. Adjournment All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. Florida Statute 286.0105. Notices of meetings and hearings must advise that a record is required to appeal. Each board, commission, or agency of this state or of any political subdivision thereof shall include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency, conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The requirements of this section do not apply to the notice provided in s. 200.065(3). In accordance with Section 286.26, F.S., persons with disabilities needing special accommodations, please contact Maryanne Schrader, City Clerk at cityclerk@cityofcrestview.org or 850-628-1560 option 2 within 48 hours of the scheduled meeting. Any invocation that is offered before the official start of the City Council meeting shall be the voluntary offering of a private person, to and for the benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Council or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. Persons in attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered. A person may exit the City Council Chambers and return upon completion of the opening invocation if a person does not wish to participate in or witness the opening invocation. Page 2 of 39 CITY OF CRESTVIEW Item # 5.1. Staff Report CITY COUNCIL MEETING DATE: February 13, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 1/31/2023 SUBJECT: Moment of Silence for Mr. Malcolm Haynes BACKGROUND: Mr. Haynes served on the Planning Development Board and was a previous recipient of the Citizen of the Year Award. DISCUSSION: A request for a moment of silence in honor of Mr. Haynes. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT RECOMMENDED ACTION No action required. Page 3 of 39 Attachments None Page 4 of 39 CITY OF CRESTVIEW Item # 5.2. Staff Report CITY COUNCIL MEETING DATE: February 13, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Ryan Bullard, Council Member DATE: 1/27/2023 SUBJECT: S.W.A.T. Club - Crestview High School BACKGROUND: The Crestview High School S.W.A.T. Club anti-smoking efforts. DISCUSSION: A presentation will be held in support of the ban on smoking in city parks Ordinance on First Reading. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT RECOMMENDED ACTION Staff respectfully requests Attachments Page 5 of 39 None Page 6 of 39 CITY OF CRESTVIEW Item # 6.1. Staff Report CITY COUNCIL MEETING DATE: February 13, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader, City Clerk DATE: 1/31/2023 SUBJECT: Approval of the January 23, 2023 Regular Meeting Minutes BACKGROUND: The routine approval of minutes from the previous meeting. DISCUSSION: The minutes were distributed prior to the meeting. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Staff respectfully requests a motion to approve the January 23, 2023 City Council Regular Meeting Minutes. Page 7 of 39 Attachments 1. 01232023 City Council Regular Minutes Draft Page 8 of 39 City Council Minutes - Draft January 23, 2023 6:00 p.m. Council Chambers 1. Call to Order The Regular Meeting of the Crestview City Council was called to order at 6:00 p.m. by Mayor JB Whitten. Board members present: Mayor Pro-Tem Andrew Rencich, Council members: Doug Capps, Cynthia Brown, Joe Blocker, and Ryan Bullard. Also present: City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney Jonathan Holloway, and various staff members. 2. Invocation, Pledge of Allegiance 2.1. Reverend John Ferguson of Oak Ridge Assembly of God The Invocation and Pledge of Allegiance was led by Reverend John Ferguson of Oak Ridge Assembly of God. 3. Open Policy Making and Legislative Session Mayor JB Whitten announced there is a quorum. 4. Approve Agenda Mayor JB Whitten requested action. Motion by Councilmember Joe Blocker and seconded by Councilmember Ryan Bullard to approve the agenda, as presented. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 5. Presentations and Reports 5.1. Recognition of Anna Florence Mayor JB Whitten requested Chuck Powell to come forward. Director of Parks and Recreation, C. Powell, congratulated Anna Florence on her retirement and recognized her 36 years of dedicated service, as well as mentioning she was Employee of the Year for 2022. Anna Florence came forward to accept a plaque of appreciation. Councilmember C. Brown congratulated Anna stating she and the staff will miss her, as they are like a family. 6. Consent Agenda Mayor JB Whitten requested action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Douglas Capps to approve the Consent Agenda, as presented. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, and Ryan Bullard. All ayes. Motion carried. Page 9 of 39 2 | P a g e 6.1. Water Utility System Hydraulic Modeling Task Order 6.2. Memorandum of Understanding - Crestview Dental Office 6.3. Update Purchasing Manual 6.4. General Engineering and Consulting Services Task Order 2023-02 6.5. Design and Bidding for Utilities on the Bypass Roadway - Task Order 2023-03 6.6. Memorandum of Understanding - Dollar General 6.7. Approval of January 9, 2023 City Council Regular Meeting Minutes 6.8. Approval of January 9, 2023 City Council Special Meeting of the Mae Reatha Coleman Citizen of the Year Minutes 7. Public Hearings / Ordinances on Second Reading 7.1. Ordinance 1912 - Highway 90 West Annexation Senior Planner Nicholas Schwendt introduced Ordinance 1912 - Highway 90 West annexation to the City Council for Second Reading. He went over the timeline and details of the vacant property. Senior Planner Nicholas Schwendt explained zoning and current uses for the property and asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Annexing to the City of Crestview, Florida, ± 542.53 Acres of Contiguous Lands Located In Section 13, Township 3 North, Range 24 West, and In Section 14, Township 3 North, Range 24 West, and Being Described as Set Forth Herein; Providing for Authority; Providing for Land Description; Providing for Boundary; Providing for Land Use And Zoning Designation; Providing For Amendment to the Base, Land Use and Zoning Maps; Providing For a Comprehensive Plan Amendment; Providing for Filing With the Clerk of Circuit Court of Okaloosa County, the Chief Administrative Officer of Okaloosa County and the Florida Department of State; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council and from the public. Hearing none, he called for action. Motion by Councilmember Douglas Capps and seconded by Councilmember Joe Blocker to adopt Ordinance 1912 on Second Reading. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, and Ryan Bullard. All ayes. Motion carried. 7.2. Ordinance 1913 - Highway 90 West Comprehensive Plan Amendment Senior Planner N. Schwendt presented Ordinance 1913- Highway 90 West Comprehensive Plan to the City Council. He mentioned the Department of Economic Page 10 of 39 3 | P a g e Opportunity has completed its review and stated there are no provisions that necessitate a challenge to the Comprehensive Plan Amendment. Senior Planner N. Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Amending Its Adopted Comprehensive Plan; Providing For Authority; Providing For Findings of Fact; Providing For Purpose; Providing For Changing the Future Land Use Designation From Okaloosa County Agriculture and Rural Residential to Mixed Use (Mu) on Approximately 542.53 Acres, More or Less, In Section 13, Township 3 North, Range 24 West, And In Section 14, Township 3 North, Range 24 West; Providing For Future Land Use Map Amendment; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Ryan Bullard to approve Ordinance 1913 on 2nd reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 7.3. Ordinance 1914 - Highway 90 West Rezoning City Attorney Jon Holloway swore in Senior Planner N. Schwendt for the quasi- judicial segments of the meeting. Senior Planner N. Schwendt introduced Ordinance 1914 - Highway 90 West Rezoning to the City Council and asked that the staff report be entered into the record: On November 11, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Highway 90 West. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Agriculture and Rural Residential and Agriculture and Residential Rural, respectively. The application requests the Mixed Use (MU) zoning designation for the property. The Planning and Development Board recommended approval of the request on December 5, 2022, and the first reading was approved by the City Council on December 12, 2022. The property description is as follows: Property Owner: Powell Gillis Jr & Avis Land, P O Box 277, Crestview, FL 32536-0277, Parcel ID: 13-3N-24-1811-0000- 0030 , 14-3N-24-0000-0001-0000, Site Size: 542.53 acres, Current FLU: Okaloosa County Agriculture and Rural Residential; Current Zoning: Okaloosa County Agriculture and Residential Rural; Current Land Use: Vacant. The subject property is currently vacant, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for residential and/or low-intensity commercial use. Staff reviewed the request for rezoning and finds the following: The proposed zoning is consistent with the Page 11 of 39 4 | P a g e proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on November 14, 2022. The property was posted on November 22, 2022. An advertisement ran in the Crestview News Bulletin on November 23 and December 1, 2022. Senior Planner N. Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Providing For the Rezoning of 542.53 Acres, More or Less, of Real Property, Located In Section 13, Township 3 North, Range 24 West, and In Section 14, Township 3 North, Range 24 West, from the Okaloosa County Agriculture and Residential Rural Zoning Districts to the Mixed Use (MU) Zoning District; Providing For Authority; Providing for the Updating of the Crestview Zoning Map; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. JB Whitten called for comment from the Council and the public. Hearing none, he called for action. Motion by Councilmember Ryan Bullard and seconded by Councilmember Cynthia Brown to approve Ordinance 1914 on Second Reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, and Ryan Bullard. All ayes. Motion carried. 7.4. Ordinance 1915 - Amending Chapter 6 of the Land Development Code Senior Planner N. Schwendt presented Ordinance 1915 to the City Council. He mentioned the amendments for building heights, overlay districts and setbacks. He then asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Amending Chapter 6 – Development Standards, of the City Of Crestview Land Development Code; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council. Mayor JB Whitten asked comments that were received, and Senior Planner N. Schwendt said he spoke to a homeowner about drainage concerns. City Manager Tim Bolduc explained that that an email was received from an adjacent owner who was concerned about the elevation of the development. The email was Page 12 of 39 5 | P a g e forwarded to the Council. He said the development consists of townhomes and explained the site-plan. He added if there was any deviation from the submitted site plan, the developer would have to come back to the Council. He displayed the concept with the proposed elevation explaining the developer had to raise the site to accommodate the stormwater retention ponds. In response to Councilmember R. Bullard voicing concerns about any legal ramifications within the email, City Attorney J. Holloway replied the Council does not have any legal concern on a legislative capacity. Discussion ensued on the height of the buildings determining the ordinance will serve as a solution to mitigate the issues. Motion by Councilmember Cynthia Brown and seconded by Councilmember Douglas Capps to approve Ordinance 1915 on Second Reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, and Ryan Bullard. All ayes. Motion carried. 7.5. Ordinance 1916 - Code Enforcement Mitigation City Manager Tim Bolduc presented Ordinance 1916 to the City Council which addresses Code Enforcement Mitigation. He stated the goal is compliance explaining the fines continue to rise quickly when the property is out of compliance. The fee structure is based on the property appraisers’ value of the property at a minimum of $5,000. City Manager Tim Bolduc asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Amending Chapter 2, Article III., Division 5. – Code Enforcement Special Magistrate, of the City of Crestview Code of Ordinances; Providing For Authority; Providing For Filing of This Ordinance With the Clerk of the Circuit Court of Okaloosa County; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council and from the public. Resident Kenny Siler came forward and asked the Council to appoint a Board consisting of citizens to review the cases. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Joe Blocker to approve Ordinance 1916 on Second Reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, and Ryan Bullard. All ayes. Motion carried. 8. Ordinances on First Reading – No items to report. 9. Resolutions – No items to report. Page 13 of 39 6 | P a g e 10. Action Items – No items to report. 11. City Clerk Report – No items to report. 12. City Manager Report 12.1. Financial Report Finance Director Gina Toussaint mentioned the link for the financial reports are in the staff report. She added the auditors will be back to do the field work in March. 12.2. Report to City Council - Wayne Steele on Capital Projects City Manager T. Bolduc introduced Wayne Steele, Director of Operations, and Project Manager, Jayce Vanderford. Director of Operations, Wayne Steele, went over the projects they are working on daily, as well as the on-going projects. He went over the technical services the department provides and the seven steps of a successful project. Project Manager, Jayce Vanderford, gave an update of the Wrike Project Management software that he utilizes for tracking over 600 files. He reviewed the current capital projects and the funding sources. He went over the projects on the display that were recently completed and those that are in progress. Director of Operations, W. Steele, showed the conceptual plans for Brookmeade. In response to the question from Councilmember C. Brown on stormwater and wastewater issues, Director of Operations W. Steele replied that Jacobs is working with M. Criddle on the project. City Manager T. Bolduc added that we will have a special meeting regarding a 20-year Master Plan to address stormwater, as well as the wastewater treatment plant. City Manager T. Bolduc announced the city did not receive any bids for the downtown project. However, FDOT provided another extension to re-bid. City Manager T. Bolduc said we still need a name for the East/West Gateway Connector. Mayor Pro-Tem A. Rencich suggested “Fallen Hero Parkway” and make it a memorial drive for our first responders. City Manager T. Bolduc replied that we can memorialize the individuals with plaques, markers etc. Discussion ensued on the naming of the connector. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Cynthia Brown to name the connector road "Fallen Heroes Way". Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, and Ryan Bullard. All ayes. Motion carried. 13. Comments from the Mayor and Council Mayor JB Whitten called for comment. In response to Councilmember D. Capps, City Manager T. Bolduc replied we are Page 14 of 39 7 | P a g e partnering with the military for a childcare center adding it is essential to get the CDC in Crestview. In response to Councilmember C. Brown on the status of the in-home childcare, City Manager T. Bolduc replied we are partnering with the Small Business Development Center, as well. The SBDC received a grant to train people to operate child-care facilities. Discussion ensued on the need to keep the city clean and speeding issues. Mayor JB Whitten mentioned HB37 stating the Bill requires elected officials to submit Form 6 which is more extensive than Form 1 for financial disclosure. He voiced concern that the more extensive form would discourage people from serving on the Council. The Council concurred with the Mayor's letter in opposition of the Bill. Mayor JB Whitten mentioned the Overdose Summit was successful. He added there are plans to form a Task Force to train individuals as the next step. He mentioned Andrae Bailey made the point that people who are using drugs are unaware that it is laced with fentanyl. He recognized Chance and Peyton for their work in putting the Summit together. 14. Comments from the Audience Mayor JB Whitten called for comment from the public. No one came forward. 15. Adjournment Mayor JB Whitten adjourned the meeting at 7:22 p.m. Minutes approved this __ day of __, 2023. _____________________________________ JB Whitten Mayor Maryanne Schrader City Clerk Proper Notice having been duly given Page 15 of 39 CITY OF CRESTVIEW Item # 8.1. Staff Report CITY COUNCIL MEETING DATE: February 13, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 2/9/2023 SUBJECT: Create Legislation and Conduct an Open Forum for Council to Discuss a Smoking and Vaping Ban in City Parks BACKGROUND: HB 105 was approved by Governor DeSantis on June 24, 2022, allowing counties and municipalities to restrict smoking within parks that they own, or parks within a municipal jurisdiction that are owned by the County, where there is no conflict with a county ordinance. Previously, smoking restrictions were entirely preempted to the State. This change in Chapter 386.209 of the Florida Statute does not allow municipalities or counties to further restrict the smoking of unfiltered cigars. DISCUSSION: Brought forward by Councilmember Ryan Bullard. A draft ordinance has been prepared by staff to discuss this topic. The ordinance can be found attached to this item. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Communication – To engage, inform and educate public and staff. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Safety – Ensure the continuous safety of citizens and visitors. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT No known impact. RECOMMENDED ACTION Page 16 of 39 Staff respectfully requests a motion to approve Ordinance 1917 on first reading and move to second reading for adoption. Attachments None Page 17 of 39 ORDINANCE: 1917 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR AMENDING CHAPTER 58 OF THE CODE OF ORDINANCES TO PROHIBIT SMOKING WITHIN CITY-OWNED PARKS AS AUTHORIZED BY CHAPTER 386.209 OF THE FLORIDA STATUTES; PROVIDING FOR FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 386.209 of the Florida Statutes formerly preempted the regulation of smoking to the State of Florida; and WHEREAS, Citizens that currently utilize outdoor recreational facilities within the City limits are subject to unhealthy secondhand smoke from inconsiderate smokers; and WHEREAS, a report by the United States Department of Health and Human Services, the Surgeon General states that tobacco smoke contains over 7,000 chemicals, including hundreds that are toxic and up to 69 that are known to cause cancer, and exposure to secondhand smoke can cause numerous health problems and has been linked to cancer and other fatal diseases; and WHEREAS, the staff analysis published for House Bill (HB) 105 references studies from United Health Foundation, America’s Health Rankings, the Centers for Disease Control and Prevention, and others regarding the impact that smoking has on the health of citizens; and WHEREAS, the Center of Disease Control states secondhand smoke is generally defined as smoke from burning tobacco products or smoke that is exhaled by a tobacco smoker; and WHEREAS, the reports referenced in the staff analysis for HB 105 further state that exposure to secondhand smoke can cause health problems and has been causally linked to cancer and other fatal diseases. Studies suggest that secondhand smoke in crowded outdoor areas can cause concentrations of air contaminants comparable to those caused by indoor smoking; and WHEREAS, state law prior to FY 2022-2023 prohibited cities and counties from establishing reasonable smoke- free zones or designated smoking areas so that citizens can enjoy recreational facilities without encountering dangerous secondhand smoke; and WHEREAS, HB 105, as amended, passed the Florida Legislature on March 2, 2022, and was adopted by the Governor on June 24, 2022, becoming effective on July 1, 2022; and WHEREAS, the City Council determines a public health and safety need to prohibit smoking within the boundaries of City-owned parks. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida Statutes, Section 386.209 of the Florida Statutes, and Section 2 of the City Charter. Page 18 of 39 SECTION 2 – AMENDMENT OF CODE OF ORDINANCES SECTION 58-1 – USE REGULATIONS. Section 58-1 of the City of Crestview shall be amended as follows: (18) Smoking in Parks Prohibited. Smoking and/or the use of vapor-generating devices within the boundaries of any public park within the City limits is prohibited as authorized by Chapter 386.209, F.S. Unfiltered cigars are exempt from this provision. SECTION 3 – FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of State. SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 – SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk. SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of February, 2023. Approved by me this 27th day of February 2023. ______________________________________ J. B. Whitten, Mayor ATTEST: _____________________________________ Maryanne Schrader, City Clerk Page 19 of 39 CITY OF CRESTVIEW Item # 9.1. Staff Report CITY COUNCIL MEETING DATE: February 13, 2023 TYPE OF AGENDA ITEM: Resolution TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 2/9/2023 SUBJECT: Annexation Fee Moratorium Extension BACKGROUND: Voluntary Annexation is the process of incorporating property, at the owners’ request, into a city’s jurisdictional boundary. The State has a number of requirements regarding the land that can be annexed, including contiguity to the City’s boundary line, compactness, and service availability timelines. DISCUSSION: Previous fee moratoriums have proven to be successful at creating an opportunity for property owners to annex into the City. It provided unique opportunities to annex properties into the City that then developed or are planned to be developed. It also provided an opportunity to clean up some of the multiple enclaves that exist. Staff would like to continue to provide for these beneficial opportunities. Potential increases in annual tax base revenue streams can serve to curtail any initial “out-of-pocket” expenditure from the City in its provision of staff time and public notice. We have seen a positive result from this waiver in its contribution to the reduction of the millage rate for the upcoming budget year. This is the same request as the previous successful waivers. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Communication – To engage, inform and educate public and staff. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. FINANCIAL IMPACT Page 20 of 39 Financial impact is dependent upon the number of voluntary annexation applications submitted within the specified moratorium time frame. Staff review indicated approximately 10 hours of staff time required for each annexation, and the cost of public notice, which could total approximately $1,000.00. When considering the benefits of annexation and the potential tax revenue, especially in areas where City services are currently available, the return on initial investment could be seen as soon as the first year following the annexation. The successful annexation of this property will have positive future impacts, including ad valorem revenue based on future taxable assessed value, development and building permit fees, and utility usage fees. RECOMMENDED ACTION Staff respectfully requests a motion to adopt Resolution 2023-6. Attachments None Page 21 of 39 RESOLUTION: 2023- 6 A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING THE COMPREHENSIVE FEE SCHEDULE, PROVIDING FOR A TWELVE-MONTH WAIVER PERIOD FOR THE COLLECTION OF ANNEXATION APPLICATION FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the imposition of voluntary annexation application fees is a product of the City of Crestview’s home rule power; and WHEREAS, the City Council of the City of Crestview finds that the collection of voluntary annexation application fees is an important measure which ensures that staff time and the necessary Public Notices are provided for in an equitable manner; and WHEREAS, the City Council of the City of Crestview finds that voluntary annexation into the City is both a benefit to the applicant and to the Citizens of Crestview; and WHEREAS, the City Council of the City of Crestview finds that the current voluntary annexation application fee may be over burdensome on those citizens wishing to be annexed into the City; and WHEREAS, the City Council of the City of Crestview finds that a twelve-month waiver of the collection of voluntary annexation application fees will continue to provide an opportunity for applicants to annex their properties into the City of Crestview without the burden of the fee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this resolution is Section 166.021 and Section 163.31801, Florida Statutes and Article I, Section 2 of the City Charter. SECTION 2. That the Comprehensive Fee Schedule; Planning and Zoning; Local Planning application, administrative and processing fees, is hereby amended to read as follows: Voluntary annexation into the city 10 acres or less: $1,200.00 – includes comp plan amendment and rezoning. More than 10 acres: $1,200.00 plus $10 per acre or fraction thereof – includes comp plan amendment and rezoning. All costs included. Resolution 2022-20 Resolution 2023-6 Moratorium effective for 12 months beginning March 1, 2023 and ending on February 29, 2024.The waiver shall be applied to all applicable Annexation, Comprehensive Plan Amendment, and Zoning Change applications, being annexed into the City of Crestview. This fee waiver is only applicable to those applications for annexation as described above and shall not be applied to Comprehensive Plan Amendments or Zoning Change applications absent an annexation application for the same Page 22 of 39 property(s). The waiver shall not be applied retroactively to any application for annexation, nor shall it apply to any annexation application that was voluntarily cancelled within 180 days of the effective date of this section. SECTION 3 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this resolution or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this resolution which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this resolution are declared severable. SECTION 4 – REPEALER. All resolutions or parts of resolutions in conflict with the provisions of this resolution are hereby repealed to the extent of such conflict. PASSED AND ADOPTED IN REGULAR SESSION THIS 13th DAY OF FEBRUARY, 2023. APPROVED: _____________________________________ J. B. Whitten Mayor ATTEST: ______________________________________ Maryanne Schrader City Clerk Page 23 of 39 CITY OF CRESTVIEW Item # 10.1. Staff Report CITY COUNCIL MEETING DATE: February 13, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Wayne Steele, Director of Operations DATE: 2/9/2023 SUBJECT: Blackwater Golf Course Entrance and Parking Lot Improvements BACKGROUND: At the December 12, 2022 Council Meeting, Councilman Capps asked about the status and time-line of installing permanent gates at the Blackwater Golf Course entrance. The City Manager provided an update on the cost of the gates and answered questions before additional comments were provided by Councilman Bullard for staff to consider repair of the damaged asphalt caused by construction and possibly consider a complete repave of the entire parking lot before installing the gates, if the budget allowed. Final direction given to Mr. Bolduc, was to bring back quotes to repave and restripe the parking lot, install gates and paint the unfinished block wall at the entrance for City Council consideration. DISCUSSION: Quotes have been received and are attached for review: Asphalt Paving and Restripe existing pavement markings, provided by James David Site Prep & Underground, LLC for $84,500.00. This contractor is currently under contract with the City of Crestview to provide these services. Gates, Broken Bolt Customs is the low bidder at $13,500 or $17,500 with electric gate opener. For the painting of the block wall, the low bidder is Sergios Painting and Repair LLC at $850. Total cost is $98,850.00 Total cost with electric gate opener: $102,850.00 GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Page 24 of 39 Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The total amount of improvements is $102,850.00 to be funded from the general fund unreserved fund balance. RECOMMENDED ACTION Staff respectfully requests a motion to approve the Blackwater Golf Course entrance and parking lot improvements in the amount of $102,850.00 to be funded from the general fund unreserved fund balance. Attachments 1. Golf Course Entrance Gate Quotes 2. Golf Course Overlay Asphalt Parking Lot Quote 3. Golf Course Entrance Wall Paint Quotes Page 25 of 39 Page 26 of 39 Page 27 of 39 Page 28 of 39 Page 29 of 39 Page 30 of 39 Page 31 of 39 Page 32 of 39 JAMES DAVID SITE PREP & UNDERGROUND, LLC Baker, FL Phone (850) 259-7901 Email: Jamesdavidsiteprep@gmail.com pave@westfloridaasphalt.com PROPOSAL Date: 1/30/2023 Project: Crestview FL Name: City of Crestview Address: Crestview FL 32536 ASPHALT PAVING Phone:850-682-6132 Attn:Allen Hallford UNIT QTY TOTAL Overlay Asphalt Parking / Access Areas Clean/ Prep /Tack Existing Asphalt GAL 245 $10.00 $2,450.00 Overlay Asphalt TON 525 $142.00 $74,550.00 Restripe Existing Pavement Markings LS 1 $7,500.00 $7,500.00 TOTAL $84,500.00 This estimate is for ONLY items listed. James David Site Prep & Underground, LLC will provide all materials , labor and equipment to complete the above described work in a professional and workman like manner per plans and specifications identified below.Any changes in the plans or specifications will result in a change order to be signed before any additional work or changes are made. Completion Date: The project will be completed in a timley manner. Delays may occur due to weather conditions, availability of materials, or any unforeseen conditions that may affect the work. Contractor/ Contractor Agent Date James David Site Prep & Underground, LLC Date BLACKWATER GOLF CLUB Description of Items 715 Ferdon Blvd Page 33 of 39 Page 34 of 39 Page 35 of 39 Page 36 of 39 Page 37 of 39 CITY OF CRESTVIEW Item # 12.1. Staff Report CITY COUNCIL MEETING DATE: February 13, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Tim Bolduc, City Manager DATE: 2/9/2023 SUBJECT: Tentative Budget Workshops and Hearings BACKGROUND: In an effort to provide ample time to plan, a proposed schedule of budget workshops and hearings is being provided. DISCUSSION: The proposed dates for the upcoming budget workshops and hearings are as follows: July 6th All Day Budget Retreat Budget Workshops: @ 4pm August 14 and August 28 Budget Hearings: @ 5:15pm September 12 – Tentative Millage and Budget September 25 - Final Millage and Budget GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Page 38 of 39 Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT Not applicable. RECOMMENDED ACTION Staff respectfully requests a motion to accept the tentative schedule as presented above. Attachments None Page 39 of 39