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HomeMy Public PortalAbout02262024 City Council Regular Meeting Agenda Packet REGULAR CITY COUNCIL MEETING AGENDA FEBRUARY 26, 2024 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. 1. Call to Order 2. Invocation, Pledge of Allegiance 2.1. Pastor Brian Walton of Community of Christ Church 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Presentations and Reports 5.1. Presentation of Awards - John Hamilton, VFW 5.2. Proclamation Declaring Awareness of Problem Gambling in the Month of March 6. Consent Agenda 6.1. Approval of City Council Regular Meeting Minutes of February 12, 2024 6.2. Approval of Gregg Chapel Agreement 6.3. Approval of Wastewater Treatment Plant Improvements 7. Public Hearings / Ordinances on Second Reading 7.1. Ordinance 1962 - Amending Board Terms and Regulations 7.2. Ordinance 1963 - CRA Board Terms and Regulations 7.3. Ordinance 1964 - Affordable Housing Advisory Committee Terms and Regulations 8. Ordinances on First Reading 9. Resolutions 9.1. Resolution 24-3 - Annexation Moratorium Extension 9.2. Resolution 24-4 Affordable Housing Advisory Committee Appointment 10. Action Items 10.1. Water Tower Site on Old Bethel Road Page 1 of 188 10.2. Rayburn Street Apartments Traffic MOU 10.3. Approval to Spend Forfeiture Funds 10.4. Purchase of Additional Cartegraph Domains 10.5. RAM Program that Offers Free Medical, Dental, and Optical Care 11. City Clerk Report 12. City Manager Report 12.1. Form 6 Litigation Update 12.2. Financial Update - Finance Director 12.3. Monthly Department Report - Community Development Services 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 188 CITY OF CRESTVIEW Item # 2.1. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 12/5/2023 SUBJECT: Pastor Brian Walton of Community of Christ Church BACKGROUND: Area churches are invited to provide the Invocation on a routine basis. DISCUSSION: Area clergy volunteer to provide an Invocation and lead the Council in the Pledge of Allegiance. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION No action required. Page 3 of 188 Attachments None Page 4 of 188 CITY OF CRESTVIEW Item # 5.1. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 2/22/2024 SUBJECT: Presentation of Awards - John Hamilton, VFW BACKGROUND: Presentation of the Firefighter, Law Enforcement and Administrator of the Year Awards from the VFW DISCUSSION: Firefighter of the Year - Ashton Lee - Firefighter (FF) Lee has been with the City for 5 years and during that time FF Lee has shown great enthusiasm and dedication. He promotes harmony and teamwork. After the department's strategic planning, Goal 4 was to establish better exercising equipment and workout space for firefighters at each fire station, FF Lee stepped up and became the fitness committee leader. His passion for better fitness in the fire service led him and the committee to acquire new fitness equipment for all three stations and a new workout area for Station 1 and develop a new fitness policy. His hard work and dedication is why he was chosen to be this year's FF of the year for the VFW. Police Officer of the Year - Investigator Donald Howe Administrator of the Year 2023/2024 - Amy Bowden GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Page 5 of 188 Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION No action required. Attachments None Page 6 of 188 CITY OF CRESTVIEW Item # 5.2. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 2/20/2024 SUBJECT: Proclamation Declaring Awareness of Problem Gambling in the Month of March BACKGROUND: Mayor JB Whitten would like to proclaim March as Problem Gambling Awareness Month. DISCUSSION: Mayor JB Whitten has declared the month of March as Problem Gambling Awareness Month. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION No action required. Page 7 of 188 Attachments 1. Gambling Problem Awareness Month 2024 Page 8 of 188 A PROCLAMATION Problem Gambling Awareness Month WHEREAS problem gambling is a serious public health issue affecting one to three percent of the general adult population and often results in personal, financial, familial, legal, and other costs, including a high risk of suicide and WHEREAS it is estimated that over 200,000 Florida adults of diverse age, race, ethnicity, and socio- economic status suffer from past-year gambling problems, and 800,000 more are at risk of developing such difficulties, constituting 4.7% of the adult population ages 18 and older; and WHEREAS it is further important to note that these statistics do not account for youth, who are increasingly and deceptively exposed to gambling concepts and are at an increased risk for developing gambling-related problems and WHEREAS it is also essential to recognize problem gambling as a societal issue, with 8-10 additional people adversely impacted by every problem gambler, increasing the affected population by an estimated additional 1.5 million individuals, with conservative projected social costs amounting to more than $9 billion nationally each year; and WHEREAS problem gambling is treatable for those who seek help, which minimizes the harm to Floridians and to the State as a whole and WHEREAS the Florida Council on Compulsive Gambling's (FCCG's) public awareness campaign provides an opportunity to educate the public, policymakers, educators, businesses, mental health, and criminal justice professionals, and others about the potential adverse effects of gambling as well as social, legal, financial, and emotional impacts and available supports; and WHEREAS free referrals to problem gambling resources and supports, including to licensed and certified treatment providers, self-help support groups, the FCCG's Online Program for Problem Gamblers (OPPG), the FCCG's Peer Connect Program, financial supports, legal resources, and many more are readily available to all Floridians by calling or texting the 888-ADMIT-IT Helpline; and WHEREAS, any individual, professional, or other organization dedicated to assisting those in need can participate in raising awareness and preventing problem gambling by promoting the statewide, confidential, multilingual, toll-free, and 24/7 888-ADMIT-IT Problem Gambling Helpline and WHEREAS the City of Crestview can demonstrate its support in addressing problem gambling by raising public awareness through the declaration of the proclamation of the month of March 2024 as Problem Gambling Awareness Month in the City of Crestview. NOW, THEREFORE, I, J.B. Whitten, Mayor of the City of Crestview, Florida, do hereby proclaim the month of March 2024 as Problem Gambling Awareness Month in the City of Crestview Mayor JB Whitten Date Page 9 of 188 CITY OF CRESTVIEW Item # 6.1. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 2/14/2024 SUBJECT: Approval of City Council Regular Meeting Minutes of February 12, 2024 BACKGROUND: The City Council routinely approves minutes from prior meetings. DISCUSSION: The draft minutes were distributed to the Council prior to the meeting. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Motion to approve the City Council regular meeting minutes of February 12, 2024. Page 10 of 188 Attachments 1. 02122024 City Council Regular Meeting Minutes Draft Page 11 of 188 City Council Minutes - DRAFT February 12, 2024 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 Pro-Tem Andrew Rencich. 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. Mayor JB Whitten was excused. 2. Invocation, Pledge of Allegiance 2.1. Minister Mark Dillman of Airport Road Church of Christ The Invocation and Pledge of Allegiance was led by Minister Mark Dillman of Airport Road Church of Christ. 3. Open Policy Making and Legislative Session Mayor Pro-Tem Andrew Rencich declared a quorum was present. He went over the rules and procedures for the meeting. 4. Approve Agenda Mayor Pro-Tem Andrew Rencich called for action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker to approve the agenda, as presented. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 5. Presentations and Reports 6. Consent Agenda Mayor Pro-Tem Andrew Rencich called for action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker to approve the Consent agenda, as presented. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 6.1. Memorandum of Understanding with FLHSMV 6.2. Approval of City Council Regular Meeting Minutes of January 22, 2024 6.3. Approval of the Crestview Unlimited Board Regular Meeting Minutes of January 22, 2024 Page 12 of 188 2 | Page 7. Public Hearings / Ordinances on Second Reading 8. Ordinances on First Reading 8.1. Ordinance 1962 - Amending Board Terms and Regulations CDS Planning Administrator Nicholas Schwendt presented Ordinance 1962 to the City Council. He reviewed the history of past discussion on the Board terms which included creating staggered terms, filling vacancies, and method of re-appointments. He then asked the City Clerk to read Ordinance 1962 by Title. City Clerk Maryanne Schrader read Ordinance 1962 aloud: An Ordinance Amending Planning and Development Board Term Provisions and Regulations; Providing for Amendment of Section 2-63 of the Code of Ordinances; Providing For Amendment of Section 3.01.02 of the Land Development Code; Providing For Authority; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor Pro-Tem Andrew Rencich called for comment from the Council and from the public. In hearing none, he called for action. Motion by Councilmember Doug Capps and seconded by Councilmember Ryan Bullard to approve Ordinance 1962 on 1st reading and move to second reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 8.2. Ordinance 1963 - CRA Board Terms and Regulations CDS Planning Administrator Nicholas Schwendt presented Ordinance 1963 to the City Council. He mentioned this ordinance would clear up the CRA provisions for terms and vacancies. He then asked the City Clerk to read Ordinance 1963 by title. City Clerk Maryanne Schrader read Ordinance 1963 aloud: An Ordinance Amending Community Redevelopment Agency Term Provisions and Regulations; Providing For Amendment of Section 2-98 of the Code of Ordinances; Providing For Authority; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For An Effective Date. Mayor Pro-Tem A. Rencich called for comment from the Council. Councilmember R. Bullard asked about when the changes for the current seats is expected, and CDS Planning Administrator Nicholas Schwendt replied that the current terms will be reviewed and the seats will be numbered for tracking. The goal is to have it completed before April 1st. Page 13 of 188 3 | Page Mayor Pro-Tem A. Rencich called for comment from the public. In hearing none, he called for action. Motion made by Councilmember Ryan Bullard and seconded by Cynthia Brown to approve Ordinance 1963 on 1st reading and move to second reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 8.3. Ordinance 1964 - Affordable Housing Advisory Committee Terms and Regulations CDS Planning Administrator Nicholas Schwendt presented Ordinance 1964 to the City Council. This ordinance is regarding the formation of the Affordable Housing Advisory Committee adding the Board will need to convene before April 1st. He then asked the City Clerk to read Ordinance 1964 by Title. City Clerk Maryanne Schrader read Ordinance 1964 aloud: An Ordinance Amending Affordable Housing Advisory Committee Term Provisions and Regulations; Providing For Amendment of Section 32-18 of the Code of Ordinances; Providing For Authority; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor Pro-Tem A. Rencich called for comment from the Council and from the public. In hearing none, he called for action. Motion was made by Councilmember Doug Capps and seconded by Councilmember Cynthia Brown to approve Ordinance 1964 on 1st reading and move to second reading for final adoption. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 9. Resolutions 10. Action Items 10.1. Tractor Supply Expansion Traffic MOU CDS Planning Administrator Nicholas Schwendt mentioned the development expansion which will be west of the current location. The Memorandum of Understanding (MOU) will help mitigate traffic for the development. Motion by Councilmember Doug Capps and seconded by Cynthia Brown to approve the Memorandum of Understanding for the Tractor Supply expansion traffic study in the amount of $25,300 and send to the Mayor and City Clerk for signature. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. Page 14 of 188 4 | Page 10.2 Charleston Place Apartments Traffic MOU CDS Planning Administrator Nicholas Schwendt presented the Memorandum of Understanding for the Charleston Place Apartments traffic study. He stated the development consists of 279 units on a 14-acre parcel near the movie theater. Motion by Councilmember J. Blocker and seconded by Councilmember C. Brown to approve the Memorandum of Understanding for the Charleston Place Apartments traffic study in the amount of $106,200 and send to the Mayor and City Clerk for signature. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 10.3. Preliminary/Conceptual Plat and MOU – Garden Villas Townhomes CDS Planning Administrator Nicholas Schwendt presented the Memorandum of Understanding for the Preliminary/Conceptual Plat and MOU for Garden Villas Townhomes. He mentioned the area is south of the high school and will consist of 238-unit apartments. City Manager T. Bolduc stated this project has a couple of minor outstanding comments. He has spoken to Mr. Clark regarding concerns which will include improvements to Third Avenue, and he has assured him that the issues will be addressed. Mayor Pro-Tem A. Rencich called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Doug Capps and seconded by Councilmember Cynthia Brown to approve the Memorandum of Understanding in the amount of $73,600 and the Preliminary/Conceptual Plat pending final negotiations on Third Avenue and afterward send to the Mayor and City Clerk for signature. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 10.4. Preliminary/Conceptual Plat and MOU - Brett Street Townhomes CDS Planning Administrator Nicholas Schwendt presented the Memorandum of Understanding for the Preliminary/Conceptual Plat for Brett Street Townhomes. He mentioned the property is on a half-acre consisting of nine units. Mayor Pro-Tem A. Rencich called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Doug Capps to approve the Memorandum of Understanding in the amount of $3,750 and Preliminary/ Conceptual Plat and send to the Mayor and City Clerk for signature. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. Page 15 of 188 5 | Page 10.5. Preliminary/Conceptual Plat and MOU– Harrisburg Estates Phases 2-4 CDS Planning Administrator Nicholas Schwendt presented the Memorandum of Understanding for the Harrisburg Estates Phases 2-4. The property is on 35.7 acres with 72 lots proposed. Councilmember D. Capps mentioned he must abstain from voting on this matter because a relative owns property adjoining the subject property and his vote could lead to a special private gain or loss for a relative, as defined in the Code of Ethics. City Attorney J. Holloway stated Councilmember D. Capps has fifteen days to turn in the paperwork. Mayor Pro-Tem A. Rencich called for comment from the Council. In response to Councilmember R. Bullard regarding the partnership with the County on the traffic study, City Manager T. Bolduc explained that they are working with consultants regarding whether we will do the study ourselves or wait for the County to complete the study. He added by partnering with the County, we can look at a regional perspective. He will bring the information back to the Council, as soon as he receives the consultants response. Mayor Pro-Tem A. Rencich called for comment from the public In hearing none, he called for action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker to approve the Memorandum of Understanding in the amount of $3,750 and Preliminary/ Conceptual Plat for Harrisburg Phase II, III, and IV and send to the Mayor and City Clerk for signature. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Ryan Bullard. Abstain: Doug Capps: Ayes: 4; Nays: 0; Abstain: 1. Motion carried. 10.6. City Manager Annual Performance Evaluation Administrative Services Director Jessica Leavins went over the evaluation summaries in the staff report based on the evaluation system of our core values. Each council member provided comments stating they were satisfied with Mr. Bolduc's performance, the hours he puts in, the growth of the city, and the privilege of working with him. Discussion ensued on a salary adjustment in comparison to other city managers in the county, as well as all the projects he has completed. Mayor Pro-Tem A. Rencich passed the gavel to Councilmember J. Blocker. He stated that the city is operating efficiently, and developers want to come to the city. The calculations for other city managers were sent to HR. The starting salaries are much higher in other cities. Councilmember J. Blocker called for action. Page 16 of 188 6 | Page Motion by Mayor Pro-Tem A. Rencich and seconded by Councilmember Cynthia Brown to make an adjustment from the current salary to $175,000 effective immediately. Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried. 11. City Clerk Report 11.1. Monthly Update City Clerk M. Schrader stated the information is included in the Staff Report. 12. City Manager Report City Manager Tim Bolduc thanked the City Council. He stated it has been an honor to work with the Council and staff and is grateful. City Manager Tim Bolduc said he is working on an RFQ for a Total Project Management (TPM) company, which will help with the project from conception to end. The Council had approved us moving forward with the Sports Complex Master Planning, the Public Services and Police Department building. This concept helps create master plans and site plans, as well as the selection of architects and maintenance of schedules and oversees the projects. The company will also help with small projects such as the remodeling of the Twin Hills gym. His goal is to get the RFP out next week. The concepts of the four major projects will move forward with a budget and funding sources. The selection will be brought back to Council. Discussion ensued and City Manager T. Bolduc explained that the evaluation committee will select a company and then provide a presentation to the Council. It will be a 5-year contract with a 5-year renewal. In response to Councilmember R. Bullard, City Manager T. Bolduc replied that the Council could appoint a member for the committee. A member of staff will be our representative to the company, mentioning staff do not draw out site plans. The TPM brings in architects to get the guaranteed result adding the company will steer the scope which will help with prioritizing. In response to Mayor Pro-tem A. Rencich on guaranteed maximum price (GMP), City Manager T. Bolduc replied that the TPM will bring us to that price. The company will competively select for us so the cost will come out of what we would do with the design. City Manager T. Bolduc also said the Main Street contract has been executed and the groundbreaking is scheduled March 11th in the parking lot behind Desi's. On February 27th, the groundbreaking for Vineyard Village is scheduled. The savings we receive will provide a lower rent for the tenants. He added, tonight's MOU's, provide for more affordable housing with the density use. 13. Comments from the Mayor and Council Mayor Pro-Tem A. Rencich called for comments from the Council. No one else had Page 17 of 188 7 | Page further comment. He added the splash pad at Twin Hills groundbreaking today and the park is well used. 14. Comments from the Audience Mayor Pro-Tem A. Rencich called for comment from the public. Frederick Butts mentioned the need for affordable housing stating the city has the highest millage rate in the county. He voiced concern about the citizens on fixed incomes when the going rate for apartments is over $2,000. He said the Council should focus on everyone that gives us an overall picture. The city has grown substantially since he moved here in 2000. He also mentioned the Main Street project and asked about the safety features for those with handicapped vehicles with parallel parking. 15. Adjournment Mayor Pro-Tem A. Rencich adjourned the meeting at 6:56 p.m. Minutes approved this __ day of __, 2024. _____________________________________ Andrew Rencich Mayor Pro-Tem Submitted by, ______________________________ Maryanne Schrader City Clerk Proper Notice having been duly given Page 18 of 188 CITY OF CRESTVIEW Item # 6.2. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 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: 2/21/2024 SUBJECT: Approval of Gregg Chapel Agreement BACKGROUND: At the 6/13/22 City Council meeting, the City Council made a motion to select Gregg Chapel AME Church for the Affordable Housing RFP that resulted in the proposed Vineyard Village Development. DISCUSSION: Following the Council's approval of Gregg Chapel AME Church, the attached agreement has been drafted and agreed upon by staff of both parties. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Opportunity- Promote an environment that encourages economic and educational opportunity Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The approval of this item will result in no substantial financial impact. RECOMMENDED ACTION Motion to approve the agreement with Greg Chapel AME Church. Attachments 1. Vineyard Village Development Agreement with Lease and Purchase Option 2-16-24 Page 19 of 188 AFFORDABLE HOUSING DEVELOPMENT AGREEMENT AND LEASE WITH PURCHASE OPTION THIS AGREEMENT (the “Agreement”) is made and entered into this ___ day of February, 2024, by and between the City of Crestview, Florida (the “City”), whose mailing address is 198 North Wilson Street, Crestview, Florida 32536, and _________________________ (the “Developer”) whose mailing address is _________________________________. W I T N E S S E T H : WHEREAS, the City is the owner of certain property located in the City of Crestview consisting of approximately 1.35 acres +/- located between West Bowers Avenue and West Field Avenue, more particularly described on Exhibit “A” attached hereto (the “Property”); and WHEREAS, the Developer desires to develop the Property for construction of an affordable housing project known as Vineyard Village, with the permitted uses identified in paragraph 2 of this agreement (the “Proposed Development”); and WHEREAS, the City received a grant from the State of Florida for certain work to be performed on the Proposed Development; and WHEREAS, Section 287.05805 of the Florida Statutes and the City’s grant agreement with the State of Florida requires that the City grant to the State a security interest in the real property in the amount of funding provided by grant to the City, for a period of five years from the date of completion of the improvements and the grant agreement further provides that the City must maintain ownership of the real property where the Proposed Development is located for a period of five years after termination of the grant agreement; and WHEREAS, the parties desire to enter into this Agreement and to comply with requirements of State law and the terms of the grant agreement, but at the same time document their commitments to each other relating to the terms and conditions upon which the Property can be developed and to reflect their mutual understandings, obligations and remedies, including the lease of the Property to Developer and Developer’s option to purchase the Property. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1.Recitations. The recitations set forth above are true and correct are incorporated herein by this reference. 2.Permitted Use. The Property will be developed as a multi-family affordable housing development. Page 20 of 188 3.City Obligations. To facilitate Developer in developing the property for the permitted use, the City will do the following: A. Lease the Property to Developer for $1.00 per year upon completion of the following work by the City: i. Provide clearing & grubbing for the site, site work, water & sewer taps and construct building pads up to a total contribution of $1,500,000.00 for these items. B. The City agrees to issue to the Developer, upon approval of plans pursuant to the City’s Land Development Code, all required building permits, approvals or other required permits and Certificates of Occupancy for the construction, use and occupancy of the Proposed Development, subject to Developer’s compliance with all applicable codes, ordinances and regulations, and this Agreement. C. The City Manager or his designee is appointed as the City’s monitoring official for this Agreement. The City’s representatives shall monitor the activities specified in such a manner to ensure that all requirements of this Agreement are met. D. In accordance with the City’s Charter, Code of Ordinances and the terms of this Agreement, the City Manager shall have the authority to revise and/or modify the terms and conditions of this Agreement. E. By this Agreement, the City additionally grants to Developer an irrevocable purchase option that may be exercised for the sum of $1.00 by Developer as follows: i. No sooner than July 1, 2030, which date is five years and one day after the Expiration Date set forth in the City’s grant agreement with the State of Florida, Department of Economic Opportunity, Developer may elect to purchase the Property by notifying the City of its election to purchase. Notwithstanding the foregoing, Developer may notify the City of its election prior to July 1, 2030, but no conveyance of title shall occur until on or after July 1, 2030. The purchase price for the Property shall be $1.00, to be paid at closing of the transaction by Developer to the City. ii. Any deed from the City to Developer shall be subject to the following reversionary interest provisions to be included in the vesting deed: (a) Rentals and occupancies in the Proposed Development shall be limited to persons or families which have income that does not exceed 80% of the median family income for the Crestview-Fort Walton Beach-Destin, FL HUD Metro FMR Area as published by Page 21 of 188 the U.S. Department of Housing and Urban Development in each year. F. In the event Developer defaults on any loan secured by the Property, or on any obligations under this Agreement after notice and opportunity to cure, the City may repurchase the Property and the development for the remaining balance due on the loan Developer obtains to develop the Property. This provision applies to Developer defaults under any lease between the City and Developer prior to Developer exercising a purchase option, and continues to apply as a deed restriction after conveyance of title to Developer if Developer elects to purchase the Property. 4.Developer Obligations. Developer’s obligations, in addition to those set forth in other areas of this Agreement, is to: A. Achieve substantial completion within two years of this Agreement, provided that the two-year period shall not commence until the Developer receives building permits for construction. The City Manager may, in the exercise of reasonable judgment, extend the scheduled completion of the Proposed Development in consideration of unforeseen delays or other circumstances affecting completion. B. Develop a minimum of 18 separately occupiable housing units to occupancy by qualified tenants within the time requirements set forth in 4.A. above. C. Comply with the provisions of Section 3 (e) (ii) (a) above, relating to rental and occupancy limitations, unless this requirement is modified or waived by the City. 5.Regulatory Requirements. The development of the Property shall be in accordance with the City’s Land Development Code in effect at the time application is made for a development order. Failure to fulfill any provision of this Agreement, or the conditions of any development order or building permits issued for the Proposed Development, may result in non- issuance of other regulatory approvals with respect to the Proposed Development until such time as all conditions or this Agreement are complied with, and the City shall not be liable for any direct, indirect and/or consequential damages claimed for such non-issuance. 6.Release or Modification. Any amendment to this Agreement shall not be approved unless all parties subject to this Agreement agree to the amendment and such amendment is incorporated into the Agreement. All amendments not requiring City Council approval shall be subject to the final approval by the City Manager on behalf of the City. 7.Binding Effect. This Agreement shall be recorded in the Public Records of Okaloosa County, Florida, and the provisions of this Agreement shall be binding upon the parties hereto and their respective successors and assigns as a covenant running with and binding upon the Property. Page 22 of 188 8.Breach of Agreement. In the event that the Developer has materially breached the Agreement, the Developer shall commence to cure the breach within thirty (30) days of notice by the City, unless this time is extended by the City Manager. If the Developer is unable or unwilling to cure the breach and abide by the Agreement, the City shall exercise its right to take appropriate legal action for the purpose of curing the breach and enforcing this agreement and Developer shall pay the City’s attorney's fees and costs in any such proceeding or appeal, including bankruptcy proceedings. The City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.Hold Harmless. Developer agrees to and shall hold the City, its officers, agents, employees, and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise directly or indirectly from the actions of the Developer, its contractors, subcontractors, agents, employees, or other persons acting on its behalf relating to the construction and completion of the project. Developer agrees to and shall defend the City and its officers, agents, employees, and representatives from actions for damages caused or alleged to have been caused by reason of Developer’s actions in connection with the construction and completion of the project. 10.Force Majeure. In the event that Developer or the City is delayed or hindered in or prevented from the performance required hereunder by reason of strikes, lockouts, labor troubles, failure of power, riots, insurrection, war, acts of God, or other reason of like nature not the fault of the party delayed in performing work or doing acts (hereinafter, “Permitted Delay” or “Permitted Delays”), Developer or the City, as the case may be, shall be excused for the period of time equivalent to the delay caused by such Permitted Delay. Notwithstanding the foregoing, any extension of time for a Permitted Delay shall be conditioned upon Developer seeking an extension of time by delivering written notice of such Permitted Delay to the City within ten (10) days of the event causing the Permitted Delay, and the maximum period of time which Developer may delay any act or performance of work due to a Permitted Delay shall be one hundred eighty (180) days. 11.Notices. Any notice, demand or other communication required or permitted under the terms of this Agreement shall be in writing, made by electronic mail, Federal Express, Express Mail or other similar overnight delivery services or certified or registered mail, return receipt requested, and shall be deemed to be received by the addressee one (1) business day after sending, if sent by electronic mail, Federal Express, Express Mail or other similar overnight delivery service and three (3) business days after mailing if sent by certified or registered mail. Notices shall be addressed as provided below: If to the City: City of Crestview Attn: City Manager 198 North Wilson Street Crestview, Florida 32536 If to the Developer: [Insert] Page 23 of 188 12.Severability. Invalidation of any provision of this Agreement shall not affect any other provision of this Agreement, which shall remain in full force and effect. 13.Effective Date. This Agreement shall become effective upon execution by all parties. [SEE NEXT PAGE FOR EXECUTION] Page 24 of 188 CITY OF CRESTVIEW: ATTEST:CITY OF CRESTVIEW, FLORIDA __________________________________ _______________________J.B. Whitten, Mayor Maryanne Schrader, Clerk Dated: ___________________ DEVELOPER: [To be Inserted] Page 25 of 188 EXHIBIT A Legal Description A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3559, PAGES 3122-3123: OFFICIAL RECORD BOOK 1766, PAGE 983: OFFICIAL RECORD BOOK 3639, PAGE 4475: OFFICIAL RECORD BOOK 3213, PAGE 1445: AND OFFICIAL RECORD BOOK 3588, PAGE 2597 OF THE OFFICIAL RECORDS FOR OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIPE MARKING THE SOUTHWEST CORNER OF LOT 17, BLOCK 133 OF THE PLAT OF CRESTVIEW PER PLAT BOOK 1, PAGE 72, OKALOOSA COUNTY, FLORIDA, ALSO MARKING THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF FIELD AVENUE (60 FOOT RIGHT OF WAY) WITH THE NORTH RIGHT OF WAY LINE OF WEST EDNEY AVENUE (60 FOOT RIGHT OF WAY); THENCE N89°32'22”W ALONG SAID NORTH RIGHT OF WAY LINE OF WEST EDNEY AVENUE 24.32 FEET TO AN IRON PIPE; THENCE DEPARTING SAID RIGHT OF WAY LINE N07°15'05”W 155.77 FEET TO AN IRON PIPE ON THE NORTH LINE OF SAID LOT 17; THENCE N53°11’48”E ALONG SAID NORTH LINE 92.37 FEET TO AN IRON ROD (SSMC LB 2108) MARKING THE SOUTHWEST CORNER OF LOT 6, SAID BLOCK 133; THENCE N36°48'52"W ALONG THE WEST LINE OF SAID LOT 99.82 FEET TO AN IRON ROD (SSMC LB 2108); THENCE DEPARTING SAID WEST LINE N52°55’40”E 64.65 FEET TO AN IRON PIPE; THENCE N36°55'00'W 49.73 FEET TO AN IRON PIPE SET ON THE SOUTH RIGHT OF WAY LINE OF WEST BOWERS AVENUE (60 FOOT RIGHT OF WAY); THENCE N53°11’47”E ALONG SAID RIGHT OF WAY LINE 85.11 FEET TO AN IRON ROD (SSMC LB 2108) MARKING THE NORTHEAST CORNER OF LOT 7 OF SAID PLAT OF CRESTVIEW; THENCE DEPARTING SAID RIGHT OF WAY LINE S36°56’22”E ALONG THE EAST LINE OF SAID LOT 7 AND LOT 14 OF SAID PLAT 299.63 FEET TO AN IRON ROD (PSM 4028) MARKING THE SOUTHEAST CORNER OF SAID LOT 14 AND THE AFORESAID NORTH RIGHT OF WAY LINE OF FIELD AVENUE; THENCE S53°03’38”W ALONG SAID RIGHT OF WAY LINE 299.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1.42 ACRES, MORE OR LESS. Page 26 of 188 CITY OF CRESTVIEW Item # 6.3. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 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: 2/22/2024 SUBJECT: Approval of Wastewater Treatment Plant Improvements BACKGROUND: During the most recent inspection of the wastewater treatment plant, the Department of Environmental Protection informed the City of a requirement to install fencing to separate the plant from the new road. In addition to the fence improvements, upon inspection by staff, it was determined that the inflow manhole structure was deteriorating and was in need of repair. DISCUSSION: Staff recently asked the current plant management company to separate the required fencing into multiple phases, beginning with the first section required by the inspection. The purpose of phasing the installation of the fence is to create space in the current budget to complete the inflow manhole improvements in the current year. The total for both projects is as follows; 1- Phase one fence installation $83,550 2- Inflow Manhole repairs $132,880 The current year's budget has $185,000.00 allocated to install the new fencing at the plant. Staff would like to move forward with phase one of the fencing project and reallocate the balance of the funding to the inflow project. The balance of the funding to complete both projects will come from residuals in the current year's utility budget. To accomplish the above, staff is requesting the City Council to waive the sealed bid process for the fencing and to move forward with the low bidder immediately. Staff is further requesting the City Council approve the out-of-scope proposal provided by the management company to make the necessary improvements to the inflow manhole structure. 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 Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Page 27 of 188 Safety- Ensure the continuous safety of citizens and visitors Opportunity- Promote an environment that encourages economic and educational opportunity FINANCIAL IMPACT The funding for these projects will come from current year budget allocations. RECOMMENDED ACTION Staff respectfully requests a motion to waive the purchasing policy for sealed bids and to select the low bidder. Staff further request City Council approval for the out-of-scope proposal to repair the inflow structure at the waste water facility. Attachments 1. Fence Quotes 2. Out-Of-Scope Contract Page 28 of 188 Page 29 of 188 Page 30 of 188 Page 31 of 188 Page 32 of 188 Page 33 of 188 Page 34 of 188 Page 35 of 188 Page 36 of 188 Page 37 of 188 Page 38 of 188 Page 39 of 188 Page 40 of 188 CITY OF CRESTVIEW Item # 7.1. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning Administrator DATE: 2/15/2024 SUBJECT: Ordinance 1962 - Amending Board Terms and Regulations BACKGROUND: At the December City Council Meeting, the Council provided direction for staff to evaluate the various Board appointments that the City has and begin to draft code amendments that would simplify the Board's terms and, to the degree possible, to allow more intentional, timely and comprehensive evaluation by the Council on an annual basis. Staff discussed the Council's desired outcome further at the January 22nd City Council meeting. DISCUSSION: Resulting from previous discussions, staff identified the following provisions that would need to be added or amended for each of the Boards identified by Council: • Staggered terms - achieved by allowing the first two terms to extend passed the typical term limits, effectively staggering those terms by 1 year. • A consistent effective date for all appointments across all Boards (determined to be best suited as April 1st) • Provision for appointments to vacant seats to carry through the remainder of the seat's term, rather than start a new term for the individual that fills the vacancy • Specific mention that terms will not carry forward until reappointed. That means the Council must reappoint or appoint a new member before their term ends, rather than just allowing automatic term extensions. The amendments made to the Code of Ordinance and Land Development Code sections regarding PDB membership serve to fulfill the above requirements identified by the Council. Similar changes will also be made to the appointed CRA board members, as well as the Affordable Housing Advisory Committee. The only reason that this ordinance specifically has to come through the PDB is because it includes an amendment to the Land Development Code. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Page 41 of 188 Communication- To engage, inform and educate public and staff FINANCIAL IMPACT There is not any anticipated financial impact expected from the adoption of this ordinance. RECOMMENDED ACTION Staff respectfully requests a motion to adopt Ordinance 1962 on Second Reading. Attachments 1. Ordinance 1962 - PDB Page 42 of 188 ORDINANCE: 1962 AN ORDINANCE AMENDING PLANNING AND DEVELOPMENT BOARD TERM PROVISIONS AND REGULATIONS; PROVIDING FOR AMENDMENT OF SECTION 2-63 OF THE CODE OF ORDINANCES; PROVIDING FOR AMENDMENT OF SECTION 3.01.02 OF THE LAND DEVELOPMENT CODE; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AMENDING SECTION 2-63 OF THE CODE OF ORDINANCES. Sec. 2-63. - Membership, vacancy, compensation. (a) Membership. The board shall consist of five core members. All members shall be residents of the city and will be appointed by a majority vote of the city council. The term of office for each member shall be three years, or until a successor is appointed. The term of office for the first two members appointed shall be two years. Terms of office shall commence on the first day of march April of the year in which appointed. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. (b) Ex officio members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board and one may be selected by the Commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the board in the same manner and to the same extent as the other members of the board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. (c) Alternate members. In addition to the five members, two alternate members may be appointed by a majority vote of the city council to serve as alternates for the term of one three years, or until a successor is appointed. The term of office for the first alternate member appointed shall be two years. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. Alternate members shall be residents of the city. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the board in the same manner and to the same extent as the other members of the board. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever an alternate member vacancy occurs on the board, the city council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. (d) Vacancies. If a vacancy occurs on the board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such Page 43 of 188 vacancy without action by the city council, until the city council appoints a successor regular member. Any appointment made to fill any vacancy shall serve only for the remainder of the term that was left vacant. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the city council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the city council shall promptly appoint a qualified person to the unexpired term of the alternate. (1) In the event a vacancy occurs on the board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the city council may then appoint another person to fill the resulting alternate member vacancy. (e) Attendance. In the event any member should miss three meetings in a 12-month period without justification, they shall be considered as resigned from the board. In that event, the city council may then appoint another person to fill the resulting vacancy. (1) Alternate members may be allowed to miss up to five meetings in a 12- month period without justification. (2) In the event of an absence of any member, the chairman of the board shall determine if staff had any contact with the absent member providing the reason for the said absence. With that information the chairman shall ask for a motion and to excuse or not excuse the absence. (f) Compensation. Members of the board shall receive no salary for their services but may receive such travel and other expenses while on official business for the city as are made available by the city council for these purposes. SECTION 2 – AMENDING SECTION 3.01.02 OF THE LAND DEVELOPMENT CODE. 3.01.02 - Membership, Vacancy, Compensation A. Membership. The board shall consist of five core members. All members shall be residents of the city and will be appointed by a majority vote of the city council. The term of office for each member shall be three years, or until a successor is appointed. The term of office for the first two members appointed shall be two years. Terms of office shall commence on the first day of march April of the year in which appointed. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. B. Ex Officio Members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board and one may be selected by the Commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. Page 44 of 188 C. Alternate members. In addition to the five members, two alternate members may be appointed by a majority vote of the city council to serve as alternates for the term of one three years, or until a successor is appointed. The term of office for the first alternate member appointed shall be two years. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. Alternate members shall be residents of the city. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the board in the same manner and to the same extent as the other members of the board. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever an alternate member vacancy occurs on the board, the city council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. D. Vacancies. If a vacancy occurs on the board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the city council, until the city council appoints a successor regular member. Any appointment made to fill any vacancy shall serve only for the remainder of the term that was left vacant. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the city council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. 1. In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. E. Attendance. In the event any member should miss three meetings in a 12-month period without justification, they shall be considered as resigned from the board. In that event, the City Council may then appoint another person to fill the resulting vacancy. 1. Alternate members may be allowed to miss up to five meetings in a 12- month period without justification. 2. In the event of an absence of any member, the Chairman of the Board shall determine if Staff had any contact with the absent member providing the reason for the said absence. With that information the Chairman shall ask for a motion and to excuse or not excuse the absence. F. Compensation. Members of the Board shall receive no salary for their services but may receive such travel and other expenses while on official business for the City as are made available by the City Council for these purposes. SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida Statutes, Section 2 of the City Charter, and the City of Crestview Land Development Code. Page 45 of 188 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 26th day of February, 2023. Approved by me this 26th day of February, 2023. ______________________________________ J. B. Whitten Mayor ATTEST: _____________________________________ Maryanne Schrader City Clerk Page 46 of 188 ORDINANCE NO. 1962 AN ORDINANCE AMENDING PLANNING AND DEVELOPMENT BOARD TERM PROVISIONS AND REGULATIONS; PROVIDING FOR AMENDMENT OF SECTION 2-63 OF THE CODE OF ORDINANCES; PROVIDING FOR AMENDMENT OF SECTION 3.01.02 OF THE LAND DEVELOPMENT CODE; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AMENDING SECTION 2-63 OF THE CODE OF ORDINANCES. Sec. 2-63. - Membership, vacancy, compensation. (a) Membership. The board shall consist of five core members. All members shall be residents of the city and will be appointed by a majority vote of the City Council. The term of office for each member shall be three years, or until a successor is appointed. The term of office for the first two members appointed shall be two years. Terms of office shall commence on the first day of march April of the year in which appointed. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. (b) Ex officio members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board, and one may be selected by the Commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the board in the same manner and to the same extent as the other members of the board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. (c) Alternate members. In addition to the five members, two alternate members may be appointed by a majority vote of the City Council to serve as alternates for the term of one three years, or until a successor is appointed. The term of office for the first alternate Page 47 of 188 member appointed shall be two years. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. Alternate members shall be residents of the city. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the board in the same manner and to the same extent as the other members of the board. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever an alternate member vacancy occurs on the board, the City Council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. (d) Vacancies. If a vacancy occurs on the board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor regular member. Any appointment made to fill any vacancy shall serve only for the remainder of the term that was left vacant. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. (1) In the event a vacancy occurs on the board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. (e) Attendance. In the event any member should miss three meetings in a 12-month period without justification, they shall be considered as resigned from the board. In that event, the City Council may then appoint another person to fill the resulting vacancy. (1) Alternate members may be allowed to miss up to five meetings in a 12-month period without justification. Page 48 of 188 (2) In the event of an absence of any member, the chairman of the board shall determine if staff had any contact with the absent member providing the reason for the said absence. With that information the chairman shall ask for a motion and to excuse or not excuse the absence. (f) Compensation. Members of the board shall receive no salary for their services but may receive such travel and other expenses while on official business for the city as are made available by the City Council for these purposes. SECTION 2 – AMENDING SECTION 3.01.02 OF THE LAND DEVELOPMENT CODE. 3.01.02 - Membership, Vacancy, Compensation A. Membership. The board shall consist of five core members. All members shall be residents of the city and will be appointed by a majority vote of the City Council. The term of office for each member shall be three years, or until a successor is appointed. The term of office for the first two members appointed shall be two years. Terms of office shall commence on the first day of march April of the year in which appointed. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. B. Ex-Officio Members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board, and one may be selected by the Commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. C. Alternate members. In addition to the five members, two alternate members may be appointed by a majority vote of the City Council to serve as alternates for the term of one three years, or until a successor is appointed. The term of office for the first alternate member appointed shall be two years. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. Alternate members shall be residents of the city. Page 49 of 188 Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the board in the same manner and to the same extent as the other members of the board. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever an alternate member vacancy occurs on the board, the City Council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. D. Vacancies. If a vacancy occurs on the board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor regular member. Any appointment made to fill any vacancy shall serve only for the remainder of the term that was left vacant. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. 1. In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. E. Attendance. In the event any member should miss three meetings in a 12-month period without justification, they shall be considered as resigned from the board. In that event, the City Council may then appoint another person to fill the resulting vacancy. 1. Alternate members may be allowed to miss up to five meetings in a 12-month period without justification. 2. In the event of an absence of any member, the Chairman of the Board shall determine if Staff had any contact with the absent member providing the reason for the said absence. Page 50 of 188 With that information the Chairman shall ask for a motion and to excuse or not excuse the absence. F. Compensation. Members of the Board shall receive no salary for their services but may receive such travel and other expenses while on official business for the City as are made available by the City Council for these purposes. SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida Statutes, Section 2 of the City Charter, and the City of Crestview Land Development Code. 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 26th day of February, 2023. Approved by me this 26th day of February, 2023. ______________________________________ J. B. Whitten Mayor ATTEST: _____________________________________ Maryanne Schrader City Clerk Page 51 of 188 CITY OF CRESTVIEW Item # 7.2. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning Administrator DATE: 2/15/2024 SUBJECT: Ordinance 1963 - CRA Board Terms and Regulations BACKGROUND: At the December City Council Meeting, the Council provided direction for staff to evaluate the various Board appointments that the City has and begin to draft code amendments that would simplify the Board's terms and, to the degree possible, to allow more intentional, timely and comprehensive evaluation by the Council on an annual basis. Staff discussed the Council's desired outcome further at the January 22nd City Council meeting. DISCUSSION: Resulting from previous discussions, staff identified the following provisions that would need to be added or amended for each of the Boards identified by Council: • Staggered terms - achieved by allowing the first appointed terms to be half of the regular term. This effectively staggers the terms by 2 years. • A consistent effective date for all appointments across all Boards (determined to be best suited as April 1st) • Provision for appointments to vacant seats to carry through the remainder of the seat's term, rather than start a new term for the individual that fills the vacancy • Specific mention that terms will not carry forward until reappointed. That means the Council must reappoint or appoint a new member before their term ends, rather than just allowing automatic term extensions. The amendments made to the Code of Ordinance sections regarding CRA membership serve to fulfill the above requirements identified by the Council. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Communication- To engage, inform and educate public and staff FINANCIAL IMPACT Page 52 of 188 There is not any anticipated financial impact expected from the adoption of this ordinance. RECOMMENDED ACTION Staff respectfully requests a motion to adopt Ordinance 1963 on Second Reading. Attachments 1. Ordinance 1963 - CRA Page 53 of 188 ORDINANCE: 1963 AN ORDINANCE AMENDING COMMUNITY REDEVELOPMENT AGENCY TERM PROVISIONS AND REGULATIONS; PROVIDING FOR AMENDMENT OF SECTION 2-98 OF THE CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AMENDING SECTION 2-98 OF THE CODE OF ORDINANCES. Sec. 2-98. Membership of board of commissioners. The board of commissioners of the community redevelopment agency shall consist of the members of the city council and two additional commissioners appointed by the city council as provided for in Florida Statutes. Additional commissioners are subject to the following provisions: 1. The term of office additional commissioners shall be four years, except that the first person appointed shall initially serve a term of two years. 2. Terms of office shall commence on the first day of April of the year in which appointed. 3. Successors appointed prior to completion of a term shall serve only for the remainder of the term they are succeeding. 4. Successors appointed to fill a vacancy shall serve only for the remainder of the term that was left vacant. 5. In no case shall terms automatically extend or additional terms be granted to a commissioner without action by the City Council. SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida Statutes and Section 2 of the City Charter. 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 Page 54 of 188 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 26th day of February, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of February, 2023. ______________________________________ J. B. Whitten Mayor Page 55 of 188 ORDINANCE NO. 1963 AN ORDINANCE AMENDING COMMUNITY REDEVELOPMENT AGENCY TERM PROVISIONS AND REGULATIONS; PROVIDING FOR AMENDMENT OF SECTION 2-98 OF THE CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AMENDING SECTION 2-98 OF THE CODE OF ORDINANCES. Sec. 2-98. Membership of board of commissioners. The board of commissioners of the community redevelopment agency shall consist of the members of the city council and two additional commissioners appointed by the city council as provided for in Florida Statutes. Additional commissioners are subject to the following additional provisions: (a) The term of office additional commissioners shall be four years, except that the first person appointed shall initially serve a term of two years. (b) Terms of office shall commence on the first day of April of the year in which appointed. (c) Successors appointed prior to completion of a term shall serve only for the remainder of the term they are succeeding. (d) Successors appointed to fill a vacancy shall serve only for the remainder of the term that was left vacant. (e) In no case shall terms automatically extend or additional terms be granted to a commissioner without action by the City Council. SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida Statutes and Section 2 of the City Charter. 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. Page 56 of 188 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 26th day of February, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of February, 2023. ______________________________________ J. B. Whitten Mayor Page 57 of 188 CITY OF CRESTVIEW Item # 7.3. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning Administrator DATE: 2/15/2024 SUBJECT: Ordinance 1964 - Affordable Housing Advisory Committee Terms and Regulations BACKGROUND: At the December City Council Meeting, the Council provided direction for staff to evaluate the various Board appointments that the City has and begin to draft code amendments that would simplify the Board's terms and, to the degree possible, to allow more intentional, timely and comprehensive evaluation by the Council on an annual basis. Staff discussed the Council's desired outcome further at the January 22nd City Council meeting. DISCUSSION: Resulting from previous discussions, staff identified the following provisions that would need to be added or amended for each of the Boards identified by Council: • Staggered terms - achieved by allowing the first four appointed terms be 2 years, rather than 3. This effectively staggers those terms by 1 year. • A consistent effective date for all appointments across all Boards (determined to be best suited as April 1st) • Provision for appointments to vacant seats to carry through the remainder of the seat's term, rather than start a new term for the individual that fills the vacancy • Specific mention that terms will not carry forward until reappointed. That means the Council must reappoint or appoint a new member before their term ends, rather than just allowing automatic term extensions. The amendments made to the Code of Ordinance sections regarding AHAC membership serve to fulfill the above requirements identified by the Council. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Communication- To engage, inform and educate public and staff FINANCIAL IMPACT Page 58 of 188 There is not any anticipated financial impact expected from the adoption of this ordinance. RECOMMENDED ACTION Staff respectfully requests a motion to adopt Ordinance 1964 on Second Reading. Attachments 1. Ordinance 1964 - AHAC Page 59 of 188 ORDINANCE: 1964 AN ORDINANCE AMENDING AFFORDABLE HOUSING ADVISORY COMMITTEE TERM PROVISIONS AND REGULATIONS; PROVIDING FOR AMENDMENT OF SECTION 32-18 OF THE CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AMENDING SECTION 32-18 OF THE CODE OF ORDINANCES. Sec. 32-18. – Affordable Housing Advisory Committee. 1. The Crestview Affordable Housing Advisory Committee, hereinafter referred to as the committee, shall consist of 8 members, as stipulated in Section 420.9076, Florida Statutes. 1. The term of office for each member shall be three years, except that the first four members appointed shall initially serve a term of two years. 2. The term of office for the appointed City Council member shall conclude coincidentally with their council term or shall otherwise be at the discretion of the City Council. 3. Terms of office shall commence on the first day of April of the year in which appointed, unless otherwise provided by City Council. 4. Successors appointed prior to completion of a term shall serve only for the remainder of the term they are succeeding. 5. Successors appointed to fill a vacancy shall serve only for the remainder of the term that was left vacant. 6. In no case shall terms automatically extend or additional terms be granted to a commissioner without action by the City Council. 2. The committee shall serve in an advisory capacity, perform the required functions, and operate as stipulated in Section 420.9076, Florida Statutes. 3. Appointment of individuals to the committee shall be by resolution of the city council. 4. Members shall initially serve for three-year terms and may be reappointed for subsequent terms. 5. A simple majority of the membership of the committee shall be required to conduct official business. 6. Committee meetings shall be publicly noticed in a newspaper of general circulation. 7. Meetings shall be held annuallyin accordance with the requirements of Section 420.9076, Florida Statutes. Additional meetings may be called as needed to conduct necessary business. Administrative support for the committee shall be provided by the Community Development Services Department and City Clerk’s office, as applicable. SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021 and 420.9076, Florida Statutes and Section 2 of the City Charter. 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 Page 60 of 188 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 26th day of February, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of February, 2023. ______________________________________ J. B. Whitten Mayor Page 61 of 188 ORDINANCE NO. 1964 AN ORDINANCE AMENDING AFFORDABLE HOUSING ADVISORY COMMITTEE TERM PROVISIONS AND REGULATIONS; PROVIDING FOR AMENDMENT OF SECTION 32-18 OF THE CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AMENDING SECTION 32-18 OF THE CODE OF ORDINANCES. Sec. 32-18. – Affordable Housing Advisory Committee. (a)The Crestview Affordable Housing Advisory Committee, hereinafter referred to as the committee, shall consist of 8 members, as stipulated in Section 420.9076, Florida Statutes. (1)The term of office for each member shall be three years, except that the first four members appointed shall initially serve a term of two years. (2) The term of office for the appointed City Council member shall conclude coincidentally with their council term or shall otherwise be at the discretion of the City Council. (3) Terms of office shall commence on the first day of April of the year in which appointed, unless otherwise provided by City Council. (4) Successors appointed prior to completion of a term shall serve only for the remainder of the term they are succeeding. (5) Successors appointed to fill a vacancy shall serve only for the remainder of the term that was left vacant. (b)(6)In no case shall terms automatically extend or additional terms be granted to a commissioner without action by the City Council. (c)(b)The committee shall serve in an advisory capacity, perform the required functions, and operate as stipulated in Section 420.9076, Florida Statutes. (d)(c)Appointment of individuals to the committee shall be by resolution of the city council. Page 62 of 188 (e)(d)Members shall initially serve for three-year terms and may be reappointed for subsequent terms. (f)(e)A simple majority of the membership of the committee shall be required to conduct official business. (g)(f)Committee meetings shall be publicly noticed in a newspaper of general circulation. (h)(g)Meetings shall be held annuallyin accordance with the requirements of Section 420.9076, Florida Statutes. Additional meetings may be called as needed to conduct necessary business. (i)(h)Administrative support for the committee shall be provided by the Community Development Services Department and City Clerk’s office, as applicable. SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021 and 420.9076, Florida Statutes and Section 2 of the City Charter. 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. Page 63 of 188 Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of February, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of February, 2023. ______________________________________ J. B. Whitten Mayor Page 64 of 188 CITY OF CRESTVIEW Item # 9.1. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 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, CDS Planning Administrator DATE: 2/22/2024 SUBJECT: Resolution 24-3 - Annexation 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 on the land that can be annexed, these include 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 planning to develop their properties. It also provided an opportunity to clean up some of the multiple enclaves that exist. Staff would like to provide this opportunity again. For this iteration of the moratorium, staff has included a geographic boundary within which the moratorium will be effective. 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 Ad placement. 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 65 of 188 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 2024-3. Attachments None Page 66 of 188 RESOLUTION: 2024- 3 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 50 acres or less: $1,200.00 includes comp plan amendment and rezoning. More than 50 acres: $1,200.00 plus $10 per acre or fraction thereof – includes comp plan amendment and rezoning. All costs included. Resolution 2024-3 Moratorium effective for 12 months beginning March 1, 2024 and ending on February 28, 2025, applicable in the geographic area bounded on each side by the following: South - Shoal River East - Shoal River West: Yellow River North: The north section line of the following: Sections 5 and 6, Township 3N, Range 22W; Sections 1 through 6, inclusive, Township 3N, Range 23W; and Sections 1 and 2, Township 3N, Range 24W. Page 67 of 188 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 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. SECTION 5 - EFFECTIVE DATE. This resolution shall become effective March 1, 2024. PASSED AND ADOPTED IN REGULAR SESSION THIS 26th DAY OF FEBRUARY, 2024. APPROVED: _____________________________________ J. B. Whitten Mayor ATTEST: ______________________________________ Maryanne Schrader City Clerk Page 68 of 188 CITY OF CRESTVIEW Item # 9.2. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 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, CDS Planning Administrator DATE: 2/22/2024 SUBJECT: Resolution 24-4 Affordable Housing Advisory Committee Appointment BACKGROUND: Last year, the City of Crestview took the various steps necessary to adopt provisions in our Code of Ordinances that allows us to receive and administer funds for affordable housing through the State Housing Initiaives Partnership (SHIP) Program. Part of this process requires the municipality to form an Affordable Housing Advisory Committee (AHAC), whose composition and general responsibilities are governed by State Statute. DISCUSSION: Per Section 420.9076 of State Statute, the Affordable Housing Advisory Committee must consist of at least 8 and not more than 11 members, with one being a locally elected official, and one representative from at least six of the below categories: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. Per statute, the committee is generally required to analyze the City's Local Housing Assistance Plan (LHAP) to consider adoption of additional Affordable Housing Incentive Strategies enumerated in Section 420.9076(4), as well as generally analyze the City's adopted plans, codes, policies and procedures for impediments to development of affordable housing. Due to the City receiving the minimum allocation under the SHIP program, we are only required to convene the board one time for this analysis, rather than on an annual basis. The Page 69 of 188 prospective date for that meeting will be preceding the second March City Council meeting, on March 25th at 5:00 pm. Previously, Councilmember R. Bullard expressed interest in serving on this committee, and has been included in the appointment accordingly. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Opportunity- Promote an environment that encourages economic and educational opportunity Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The appointment of this committee will allow the necessary functions in statute to be completed, ensuring future availability of SHIP funds for affordable housing. RECOMMENDED ACTION Staff respectfully requests a motion adopting Resolution 24-4. Attachments None Page 70 of 188 RESOLUTION: 2024- 4 A RESOLUTION APPOINTING MEMBERS OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR AUTHORITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this resolution is section 420.9076, Florida Statutes, and Section 32-18 of the Code of Ordinances. SECTION 2 – AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBER APPOINTMENT. The members of the affordable housing advisory committee are hereby appointed as follows: Name Representative Category Term Ryan Bullard Elected Official 3/1/24 – 4/1/26 Nitsi Bennett Citizen engaged in residential home building industry 3/1/24 – 4/1/26 Derek Lott Citizen engaged in the banking or mortgage banking industry 3/1/24 – 4/1/26 Doug Shepheard Citizen representative of those areas of labor engaged in home building 3/1/24 – 4/1/26 Cecil Williams Citizen engaged in as a not-for-profit provider of affordable housing 3/1/24 – 4/1/27 Shannon Hayes Citizen actively serving on the LPA 3/1/24 – 4/1/27 Alex Barthe Citizen representing employers within the jurisdiction 3/1/24 – 4/1/27 Josh Vargason Citizen representing essential services personnel 3/1/24 – 4/1/27 SECTION 3 – EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. Passed and adopted by the City Council of Crestview, Florida on the 26th day of February, 2024. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of February, 2024. ______________________________________ J. B. Whitten Mayor Page 71 of 188 Page 72 of 188 CITY OF CRESTVIEW Item # 10.1. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Wayne Steele, Director of Operations, Carlos Jones, Assistant Director DATE: 2/22/2024 SUBJECT: Water Tower Site on Old Bethel Road BACKGROUND: Live Oak Fiber bought a parcel of land off Old Bethel road for their utility controller. The County denied their ROW permit due to property acquisition issues with the Old Bethel Road 4 laning project. They approached the City to purchase land off Sioux Circle but were not able to secure a location. An easement within the Sioux Circle ROW was not possible due to traffic and intersection visibility concerns. A final option of using the Water Tower site on Old Bethel was discussed as an alternative. DISCUSSION: The request is to approve the easement for Live Oak Fiber to construct a control panel and generator on the Water Tower #5 site. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT Page 73 of 188 There is no financial impact. RECOMMENDED ACTION Staff respectfully requests a motion that the City Council approve the Water Tower Site easement for Old Bethel Road. Attachments 1. City of Crestview Easement Request Nov 2023 2. CRV4 Final Site Survey 3. CRV-4 Site plan Page 74 of 188 This instrument prepared by: C. Jeffrey McInnis, Esq. Anchors Smith Grimsley, PLC 909 Mar Walt Drive, Ste 1014 Fort Walton Beach, FL 32547 850-863-4064 CITY OF CRESTVIEW, PUBLIC SERVICES DEPARTMENT EASEMENT KNOWN ALL MEN BY THESE PRESENTS, that THE CITY OF CRESTVIEW, FLORIDA, a Florida Municipal Corporation (“Grantor”), whose address is 715 North Ferdon Blvd, Crestview, Florida 32536 for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by LIVEOAK FIBER, LLC, a Delaware limited liability company (“Grantee”), whose post office address is 808 Gloucester Street, Brunswick, Georgia, 31520, the receipt whereof is hereby acknowledged, does hereby grant and convey to Grantee, its successors and assigns, a perpetual easement with and for the right of installing, maintaining, replacing, adding and operating it’s communications equipment together with ancillary facilities and equipment related thereto, including but not limited to wires, cables, conduits, pipes, utility cabinet/hut structures, emergency power generators, fences, screening, and electric, fiber, gas and other utility connections to provide internet services to the surrounding area and uses incidental thereto, over, under and across the following described property in Okaloosa County, Florida, to wit: TO HAVE AND TO HOLD the said easement and right-of-way hereinabove granted to the said Grantee, its successors, and assigns, subject to the conditions herein, forever for the use and purpose aforesaid and for no other purpose. Page 75 of 188 In the event that the Grantee, or its successors or assigns should cease using the easement area for the purposes described herein, then this easement shall immediately become null and void and the Grantee, its successors and assigns shall have no further right, title or interest in and to the subject parcel. IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ________________, 2023. [REMAINDER OF PAGE BLANK – SIGNATURE PAGES ON FOLLOWING PAGES] Page 76 of 188 Signed, sealed and delivered in the presence of: City of Crestview, Florida, a municipal corporation Sign: ____________________________________ By: ____________________________________ NAME Print: ____________________________________ TITLE Sign: ____________________________________ Print: ____________________________________ STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me, by means of [ ] physical presence or [ ] online notarization this ____ day of _____________ 2023 by _________________________. He/she is personally known to me or has produced _______________________________________________ as identification. ______________________________________________ SIGNATURE OF NOTARY PUBLIC SEAL: ______________________________________________ PRINTED NAME OF NOTARY PUBLIC My Commission Expires: ________________________ Page 77 of 188 Page 78 of 188 Page 79 of 188 CITY OF CRESTVIEW Item # 10.2. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 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, CDS Planning Administrator DATE: 2/22/2024 SUBJECT: Rayburn Street Apartments Traffic MOU BACKGROUND: Staff received the initial application submittal for the Rayburn Street Apartments project, a 10-unit apartment complex, at the end of N. Rayburn Street, directly north of the railroad tracks, on October 26, 2023. For commercial projects, Public Services staff reviews each project's traffic study or report, and any transportation related improvements proposed, to determine what improvements or contributions need to be made by the developer resulting from the impact of their proposed development, via a Memorandum of Understanding (MOU). DISCUSSION: For the Rayburn Street Apartments project, Public Services staff reviewed the traffic study provided, resulting in the attached MOU. In this specific case, the MOU provides for the developer to participate in costs not to exceed the total amount of $3,800.00 to be held in escrow by the City of Crestview for proposed offsite roadway improvements that the City is constructing to mitigate traffic impacts. This cost was determined by an established per-trip cost based on the total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued. This MOU, if approved, also needs to be signed by the Mayor and the City Clerk. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Infrastructure – Satisfy current and future infrastructure needs. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Safety – Ensure the continuous safety of citizens and visitors. Page 80 of 188 Mobility – Provide safe, efficient and accessible means for mobility. FINANCIAL IMPACT This MOU will provide funds to the City to construct improvements that will mitigate the traffic impact resulting from this development. RECOMMENDED ACTION Staff respectfully requests a motion to approve the attached Memorandum of Understanding to be sent to the Mayor and City Clerk for signature. Attachments 1. Traffic Memorandum of Understanding - Rayburn Street Apartments Page 81 of 188 Page 82 of 188 CITY OF CRESTVIEW Item # 10.3. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Stephen McCosker, Police Chief, Brian McCallum, Major DATE: 2/22/2024 SUBJECT: Approval to Spend Forfeiture Funds BACKGROUND: The Florida Contraband Forfeiture Act allows law enforcement to seize certain property. If the seizing agency is a municipality, the proceeds are deposited in a special law enforcement trust fund established by the governing body of the municipality. Section 932.705(4)(a). The appropriate use of those funds must be approved by the governing board. DISCUSSION: The City of Crestview Police Department is planning its Annual Community Unity Flashlight Walk. The Community Unity Flashlight Walk is an opportunity for the community to come together for a time of fellowship, partnership, and a demonstration of unity in our community. The flashlight portion of the walk is symbolic of our community uniting to place a light on crime and the perception of crime for the purpose of fostering crime reporting and safe neighborhoods. The walk will be held on February 24, 2024, gathering at 5:45 p.m. with a start and end location of Crestview City Hall. The walk will be a total of 1.2 miles between Wilson Street and Main Street. The Police Department requests to utilize $5,000.00 from the Federal Forfeiture Fund, which currently has $26,025.24. This request will reimburse the Crestview Citizens Police Academy Alumni for supplies, food and miscellaneous items purchased for the Community Unity Flashlight Walk and other programs. This request will also ensure the success of future events and community programs. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Page 83 of 188 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 Currently, there is $26,025.24 in the Federal Forfeiture Fund. To ensure the success of this event and future events and community programs, the police department would like to utilize $5,000.00 from the Federal Forfeiture account to buy supplies, food and miscellaneous items. This request complies with the requirements of Section 932.7055 (5), Florida Statutes. RECOMMENDED ACTION Staff respectively request that the City Council approve the request to utilize $5,000.00 from the Federal Forfeiture Fund for the Community Unity Flashlight Walk and other programs. Attachments None Page 84 of 188 CITY OF CRESTVIEW Item # 10.4. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jessica Leavins, Administrative Services Director DATE: 2/22/2024 SUBJECT: Purchase of additional Cartegraph domains BACKGROUND: In June 2023 the City of Crestview completed the RFP process and purchased Cartegraph as our computerized maintenance management software(CMMS). This purchase included modules to track assets in our Water, Sewer, Streets, Stormwater, and Fleet divisions. Our wastewater treatment plant, currently managed by Jacobs Engineering, utilizes a standalone CMMS - Maintenance Connection. The data tracked inside this software is only available to employees of the subcontractor. The lack of data transfer between the city and the contractor has created an issue when developing long-range plans for the facility. Currently, the City of Crestview does not have a software solution for managing our facility and recreation- based assets. DISCUSSION: After implementing the water, sewer, streets, and fleet modules, it was identified that it would be beneficial to implement additional Cartegraph modules for facilities, parks, and wastewater treatment. This solution will provide transparent preventive maintenance schedules for our facilities and recreational assets in order to lengthen their lifespan, improve communication and tracking by providing automated work order processes and capture data to assist in the decision-making process specific to where and when maintenance dollars should be spent. 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 Quality of Life- these areas focus on the overall experience when provided by the city. Page 85 of 188 Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The purchase of the additional domains for facilities, parks, and wastewater treatment includes $49,450 for training and implementation, listed on the proposal as professional services, and a yearly software subscription fee of $33,320. This expense will be funded through both the general fund and the wastewater treatment fund and is available in the current year's budget. RECOMMENDED ACTION Staff respectfully requests the City Council approve the purchase and the Mayor to sign the contract with OpenGov. Attachments 1. City of Crestview FL_SOW_PS-05585_v1_2.14.2024 (1) Page 86 of 188 Statement of Work City of Crestview,FL Creation Date:2.14.2024 Document Number:PS-05585 Version Number:1 Created by:Jennifer Nordin 2023 Enterprise Asset Management Statement of Work v1 Page 87 of 188 Table of Contents 1.Overview and Approach 3 1.1.Agreement 3 2.Statement of Work 3 2.1.Project Scope 3 2.2.Facilities and Hours of Coverage 4 2.3.Key Assumptions 4 2.4.Exclusions 4 2.5.OpenGov Responsibilities 5 2.5.1.Activity 1 –Project Management 5 2.5.2.Activity 2 –Initialization 6 2.5.3.Activity 3 –OpenGov Domains 6 2.5.4.Activity 4 –Training 7 2.6.Your Responsibilities 7 2.6.1.Your Project Manager 7 2.7.Completion Criteria 8 2.8.Estimated Schedule 8 2.9.IIllustrative Project Timelines 8 2.10.Offer Expiration Date 8 Appendix A:Engagement Charter 9 A-1:Communication and Escalation Procedure 9 A-2:Change Order Process 9 A-3:Deliverable Materials Acceptance Procedure 10 Appendix B:Implementation Activities 11 2023 Statement of Work v1 2 Page 88 of 188 1.Over view and Approach 1.1.Agreement This Statement of Work (“SOW”)identifies services that OpenGov,Inc.(“OpenGov”or “we”)will perform for City of Crestview,FL (“Customer”or “you”)pursuant to that order for Professional Ser vices entered into between OpenGov and the Customer (“Order Form”)which references the Master Services Agreement or other applicable agreement entered into by the parties (the “Agreement”). ●Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. ●The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided. ●Customer ’s use of the Professional Services is governed by the Agreement and not this SOW. ●Upon execution of the Order Form or other documentation referencing the SOW,this SOW shall be incorporated by reference into the Agreement. ●In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement,the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only.Unless other wise defined herein,capitalized terms used in this SOW shall have the meaning defined in the Agreement. ●This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. ●OpenGov will be deployed as is,Customer has access to all functionality available in the current release. 2.Statement of Work This SOW is limited to the Implementation of the OpenGov Enterprise Asset Management as defined in the OpenGov Responsibilities section of this document (Section 2.5).Any additional services or support will be considered out of scope. 2.1.Project Scope Under this project,OpenGov will deliver cloud based Enterprise Asset Management solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities”section below.Deviations that arise during the project will be managed through the procedure described in Appendix A-2:Project Change Control Procedure,and may result in adjustments to the Project Scope,Estimated Schedule,Charges and other terms.These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov ’s standard rates in effect from time to time for any resulting additional work or waiting time. 2023 Statement of Work v1 3 Page 89 of 188 2.2.Facilities and Hours of Coverage OpenGov will: A.Perform the work under this SOW remotely,except for any project-related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW. B.Provide the Services under this SOW during normal business hours,8:30am to 6:00pm local time,Monday through Friday,except holidays. 2.3.Key Assumptions The SOW and OpenGov estimates are based on the following key assumptions.Deviations that arise during the proposed project will be managed through the Project Change Control Procedure (see Appendix A-2),and may result in adjustments to the Project Scope, Estimated Schedule,Charges,and other terms. Per A.The OpenGov Suites are not customized beyond current capacities based on the latest release of the software. B.Individual software modules are configured based on discussions between OpenGov and Customer. C.Enterprise Asset Management i.OpenGov will provide all services remotely via audio;video;and web conferences unless otherwise noted. ii.OpenGov assumes that the customer is responsible for performing quality control measures on its data in EAM. iii.OpenGov assumes that the customer is responsible for testing its workflows,automations,integrations,and configurations within the EAM and will update the configurations as part of its testing and training activities. iv.OpenGov assumes that the customer accepts EAM upon the completion of the go-live event v.If a non-API integration is included in scope,Customer is responsible for engaging third party vendor to obtain data,configuration,and/or third party integration support. vi.If an API integration is included in scope,Customer is responsible for providing access to a test instance of the third party API including a URL, authentication credentials,and relevant documentation. vii.OpenGov best practice is to not exceed tested limits of the product. 2.4.Exclusions The following service items are not included in the scope of this project: A.Implementation of any custom modification or integration developed by OpenGov; your internal staff;or any third-party is not included in the scope of this project unless specifically listed in Appendix B. 2023 Statement of Work v1 4 Page 90 of 188 B.Data conversion ser vices from other software system(s)or sources (including Navigator databases)are not included in the scope of this project unless specifically listed in Appendix B. C.Any service items discussed during demonstrations;conference calls;or other events are not included in the scope of this project unless specifically listed in Appendix B. 2.5.OpenGov Responsibilities 2.5.1.Activity 1 –Project Management OpenGov will provide project management for the OpenGov responsibilities in this SOW. The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning,communications,reporting,procedural and contractual activity.This activity is composed of the following tasks: Planning OpenGov will: A.review the SOW,contract and project plan with Customer ’s Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B.maintain project communications through your Project Manager; C.establish documentation and procedural standards for deliverable Materials;and D.Collaborate with your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities,tasks,assignments, and project milestones. Project Tracking and Reporting OpenGov will: A.review project tasks,schedules,and resources and make changes or additions,as appropriate.Measure and evaluate progress against the project plan with your Project Manager; B.work with your Project Manager to address and resolve deviations from the project plan; C.conduct regularly scheduled project status meetings;and D.administer the Project Change Control Procedure with your Project Manager. Completion Criteria: This is an on-going activity which will be considered complete at the end of the Services contract. Deliverable Materials: ●Weekly status reports 2023 Statement of Work v1 5 Page 91 of 188 ●Project plan ●Project Charter ●Risk,Action,Issues and Decisions Register (R AID) 2.5.2.Activity 2 –Initialization OpenGov will provide the following: A.Customer Entity configuration B.System Administrators creation C.Solution Blueprint creation D.Data Validation strategy confirmation Completion Criteria: This activity will be considered complete when: ●Customer Entity is created ●System Administrators have access to Customer Entity ●Solution Blueprint is presented to Customer Deliverable Materials: ●Solution Blueprint ●Sign-off of Initial Draft Solution Blueprint 2.5.3.Activity 3 –OpenGov Domains OpenGov will provide the following: Enterprise Asset Management Domains A.Facilities B.Wastewater Treatment C.Parks and recreation Completion Criteria: This activity will be considered complete when: ●Instance setup is completed ●Requirements Gathering is completed ●Start up Data is loaded ●Asset Installation is completed ●Data conversion is completed Deliverable Materials: ●Formal sign off document 2023 Statement of Work v1 6 Page 92 of 188 2.5.4.Activity 4 –Training Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B.For any instructor-led virtual sessions,the class size is recommended to be 10, for class sizes larger than 10 it may be necessar y to have more than one instructor. Completion Criteria: ●Software training is delivered Deliverable Materials: ●Formal sign off document 2.6.Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel.The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov.OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you.Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-2:Project Change Control Procedure. 2.6.1.Your Project Manager Prior to the start of this project,you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: A.manage your personnel and responsibilities for this project (for example:ensure personnel complete any self-paced training sessions,configuration,validation or user acceptance testing); B.serve as the interface between OpenGov and all your departments participating in the project; C.administer the Project Change Control Procedure with the Project Manager; D.participate in project status meetings; E.obtain and provide information,data,and decisions within five (5)business days of OpenGov ’s request unless you and OpenGov agree in writing to a different response time; F.resolve deviations from the estimated schedule,which may be caused by you; G.help resolve project issues and escalate issues within your organization,as necessar y;and H.create,with OpenGov ’s assistance,the project plan for the performance of this SOW which will include the activities,tasks,assignments,milestones and estimates. 2023 Statement of Work v1 7 Page 93 of 188 2.7.Completion Criteria OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs: A.OpenGov accomplishes the activities set forth in “OpenGov responsibilities”section and delivers the services in Appendix B as listed,if any;or B.The End date is reached 2.8.Estimated Schedule OpenGov will schedule resources for this project upon signature of the order form.Unless specifically noted,the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources,and the timeliness of deliverables provided by the Customer. The Ser vices are currently estimated to start within two (2)weeks but no later than four (4) weeks from signatures and have an estimated end date of nine months after project kick off (“End Date”)or on other dates mutually agreed to between you and OpenGov. 2.9.IIllustrative Project Timelines The typical project timelines are for illustrative purposes only and may not reflect your use cases. 2.10.Offer Expiration Date This offer will expire on May 14,2024 unless extended by OpenGov in writing. 2023 Statement of Work v1 8 Page 94 of 188 Appendix A:Engagement Charter A-1:Communication and Escalation Procedure Active engagement throughout the implementation process is the foundation of a successful deployment.To help assess progress,address questions,and minimize risk during the course of deployment both parties agree to the following: ●Regular communication aligned to the agreed upon project plan and timing. ○OpenGov expects our customers to raise questions or concerns as soon as they arise.OpenGov will do the same,in order to be able to address items when known. ●Executive involvement ○Executives may be called upon to clarify expectations and/or resolve confusion. ○Executives may be needed to steer strategic items to maximize the value through the deployment. ●Escalation Process: ○OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility,and documentation in the event an escalation is needed to support issues raised ●Identification of an issue impeding deployment progress,outcome or capturing the value proposition,that is not acceptable. ●Customer or OpenGov Project Manager summarizes the problem statement and impasse. ●Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review. ●Resolution will be documented and signed off following Executive review. ●Phase Sign-Off ○OpenGov requests sign-offs at various stages during the implementation of the project.Once the Customer has signed-off,any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes. A-2:Change Order Process This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost.Any change to scope must be agreed to in writing or email,by both Customer and OpenGov,and documented as such via a: ●Change Order -Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change,it may or may not alter the original contract amount or completion date and be paid for by Customer.Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Amending the SOW to correct an error. 2023 Statement of Work v1 9 Page 95 of 188 o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. o Change in type of OpenGov resources to support the SOW. A-3:Deliverable Materials Acceptance Procedure Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: ●The deliverable Material will be submitted to your Project Manager. ●Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance. ●Within five (5)business days of receipt,your Project Manager will either accept the deliverable Material or provide OpenGov ’s Project Manager a written list of requested revisions.If OpenGov receives no response from your Project Manager within five (5) business days,then the deliverable Material will be deemed accepted.The process will repeat for the requested revisions until acceptance. ●All acceptance milestones and associated review periods will be tracked on the project plan. ●Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. ●For any tasks not yet complete,OpenGov and/or Customer will provide sucient resources to expedite completion of tasks to prevent negatively impacting the project. ●Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1.As set forth in the “Customer Delays”provision of the Agreement,if there are extended delays (greater than 10 business days)in Customer ’s response for requested information or deliverable;OpenGov may opt to put the project on an "On Hold"status.After the Customer has fulfilled its obligations,Professional Services can be resumed and the project will be taken off the "On-Hold"status. ●Putting a project “on Hold”may have several ramifications including,but not restricted,to the following: ○Professional Services to the customer could be stopped; ○Delay to any agreed timelines;or ○Not having the same Professional Services team assigned. 2023 Statement of Work v1 10 Page 96 of 188 Appendix B:Implementation Activities Setup OpenGov will: ●Setup a hosted,sandbox and production OpenGov Asset Management environment. ●Provide an overview,up to two (2)hours,of OpenGov and ArcGIS Online user-based logins and User/Role functionality. ●Provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OpenGov Asset Management. ●Utilize the template to create users and roles in OpenGov Asset Management.(Note: Subsequent User and/or Role changes will be your administrator ’s responsibility.) ●Provide documentation and guidance,up to four (4)hours,for your technical GIS staff to configure Esri Basemap Services for OpenGov Asset Management integration.Guidance will be geared towards OpenGov Asset Management/Esri integration functionality and requirements. ●Setup the OpenGov Asset Management Platform,including the Request,Work,Resource, and Asset Management areas of the software.Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless other wise noted. Requirements Gathering OpenGov will ●Provide a remote,up to twelve (12)hours,requirement gathering workshop to increase our understanding of your business and functional goals.Through workshops and interviews, OpenGov will identify best fit scenarios for OpenGov Asset Management and provide a brief including any challenges as well as recommendations for OpenGov Asset Management best practices relevant to your implementation. Configurations OpenGov will: ●Provide configuration services,including: o Up to ten (10)custom fields and up to two (2)custom layouts per asset type listed in the Assets section below o Up to thirty (30)custom fields and up to ten (10)custom layouts to be utilized in any of the shared areas of the system,such as Tasks o Up to twenty (20)automations o Up to twenty (20)preventative maintenance plans Training OpenGov will: Foundational Training ●Provide remote train-the-trainer training,up to two (2)hours,on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions.Training topics include: o Dashboards o Standard KPI/ROI Gadgets 2023 Statement of Work v1 11 Page 97 of 188 o Logins/Permission o Layers o Filters o Maps o Grids o System Navigation o Views (List &Detail) o Standard Reports o Attachments o Requests,Work,Assets,Resources,Reports,and Administrator Tabs ●Provide remote train-the-trainer training,up to one (1)hour,for an overview of Preventative Maintenance Plans. ●Provide remote train-the-trainer training,up to one (1)hour,for an overview of Asset Condition Manager and Advanced Inspections. ●Provide remote train-the-trainer training,up to two (2)hours,for an overview of Reporting. ●Provide remote train-the-trainer training,up to two (2)hours,on OpenGov Asset Management Esri integration functionality.Training topics include: o OpenGov Asset Management Esri integration configuration options o Integration functionality (basemap and feature) o Overall Esri integration requirements,considerations,and OpenGov recommended best practices Train the Trainer Training Event ●Provide a two-day (2-day)onsite "train-the-trainer"training event.The training agenda will be defined and agreed upon by both OpenGov and your project manager.To avoid redundancy,and to utilize service time eciently,training may cover a subset of the assets listed in the Asset section of the scope.Topics may include any of the following: o Request Management: ▪Requests ▪Requesters ▪Task Creation from Requests ▪Issue library (including settings such as Applies to Asset and Non-Location) ▪OpenGov recommended best practices for Request and Requester Management o Work Management: ▪Create Task(s)(Asset/Non-Asset) ▪Assignments (Add,Edit,Remove) ▪Task Menu Actions ▪Related Work Items ▪Create Work Order ▪Associate Task to WO ▪Repeat Work Orders ▪Work Order Menu Actions ▪Enter Resources ▪Timesheets ▪Activity librar y (including settings such as Applies to Asset,Inspection,Key Dates,Cost,and Productivity) ▪OpenGov recommended best practices for Work Management 2023 Statement of Work v1 12 Page 98 of 188 o Asset Management: ▪Asset Details ▪Preventative Maintenance Plans ▪Inspections ▪Linked assets (if applicable) ▪Container/Component Relationships (if applicable) ▪OpenGov recommended best practices for Asset Management o Resource Management: ▪Resource Details ▪Labor/Equipment Rates ▪Material Management (Stock,Usage,Adjustments) ▪Vendor Price Quotes ▪OpenGov recommended best practices for Resource Management o OpenGov Mobile: ▪Overall system functionality (Navigation,Interface,Maps,Attachments, Sorting) ▪Work Management ●Create and Update Tasks (Asset/Non-Asset) ●Assign Tasks ●Enter Resources ●Inspections ▪Asset Management ●Create and Update Assets ▪Request Management ●View and Update Requests ●View Requester information ●Create Task from Request ▪OpenGov recommended best practices for mobile device use o Administrator: ▪Administrator: ●User Administration,Role Administration,Asset Administration,Record Filter Administration,Import/Export,Scheduled Process Log,Error Log ▪Settings: ●System Settings,Map Administration,Geocode Settings,GIS Integration settings,Asset Color Manager ▪Manager: ●Layout Manager,Library Manager,Preventative Maintenance,Asset Condition Manager,Notification Manager,Structure Manager,Automation ●Manager Advanced Training Topics: ●Provide Preventative Maintenance Plans remote train-the-trainer training,up to three (3) hours.Training topics include: o Preventative Maintenance o OpenGov recommended best practices for proactive asset management ●Provide Advanced Inspections,Asset Condition Manager,and Asset Risk remote train-the-trainer training,up to four (4)hours.Training topics include: o Performance Management ▪Prediction Groups ▪Minimum Condition Groups 2023 Statement of Work v1 13 Page 99 of 188 ▪Activities and Impacts ▪Criticality Factor ▪Install/Replaced Dates o Business Risk Exposure ▪Risk ▪Consequence of Failure ▪Probability of Failure o OpenGov recommended best practices for Asset Risk Functionality ,advanced inspections and condition management ●Provide Internal Request remote train-the-trainer training,up to two (2)hours.Training topics include: o Internal Requests ▪Users ▪Views ▪Issue Library settings and management o OpenGov recommended best practices for advanced request management ●Provide Scenario Builder overview remote train-the-trainer training,up to four (4)hours. Training topics include: o Scenario Builder ▪Settings: ●Prediction Groups ●Minimum Condition Groups ●Activities and Impacts ●Criticality Factor ●Install/Replaced Dates ▪Scenarios: ●Planned Work ●Map Control ●Work Order Creation ●Scenario Types ●Plan Years and Budgets ●Protocols ●Data Exports ▪OpenGov recommended best practices for scenario builder Go-Live Support OpenGov will: ●Provide a remote,up to eight (8)hours,web conferences,to be utilized for Go-Live Support. The agenda will be defined,and agreed upon,by both your and OpenGov ’s project managers. Topics may include any of the following: o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field,Layout,and Report configuration guidance,if applicable Data Services OpenGov will: 2023 Statement of Work v1 14 Page 100 of 188 ●Provide one sandbox and one production data load service through standard import/export functionality.OpenGov will provide template documents for data population.Once populated by your staff,OpenGov will load the data into your sandbox or production OpenGov Asset Management environment.Data loads may include data such as: o Parent level asset records o Asset location (spatial x/y)attributes o Parent level resource (Labor,Equipment Material,Vendor)records o Resource Rate (Labor,Equipment,Material)records o Standard system libraries ●Provide ser vice for your historical data listed below: o Maintenance Connection data related to:Assets,condition inspection history, attachments o For the custom data conversion service(s)listed above,OpenGov will provide: ▪A review of the historical data along with recommendations for OpenGov Asset Management best fit. ▪A field map workshop,which will identify where and how historical data will appear within OpenGov Asset Management ▪A test conversion service to facilitate data conversion validation and testing ▪One revision of the field map used for the test conversion service ▪A production conversion service utilizing the final,approved field map o All data must be accessible to OpenGov from a SQL DB,SQL View,Access DB or Comma Delimited Files. o Maximum historical record count: ▪Requests :150,000 ▪Tasks:1,000,000 ▪Overall Asset count:2,000,000 Assets OpenGov will: ●Provide installation and training on the following asset types: o Facilities (25) ▪Facility; Other Site Construction; Selective Building Demolition; Site Improvement; Site Preparation; Facility Floor;Basement Construction; Conveying; Exterior Enclosures; Facility Electrical; Facility Equipment; Fire Protection; Foundations; Furnishings; HVAC; Interior Construction; Interior Finishes; Plumbing;Roofing; Site Electrical Utilities; Site Mechanical Utilities;Spaces;Special Construction; Stairs; Superstructure o Wastewater Treatment Plant (36) ▪Wastewater Treatment Plant Blowers;Wastewater Treatment Plant Compressors;Wastewater Treatment Plant Conveyors;Wastewater Treatment Plant Electrical Generator;Wastewater Treatment Plant Facility; Wastewater Treatment Plant HVAC Equipment;Wastewater Treatment Plant Instrumentation;Wastewater Treatment Plant Motors;Wastewater Treatment Plant Presses;Wastewater Treatment Plant Processes; Wastewater Treatment Plant Pump;Wastewater Treatment Plant Screens; Wastewater Treatment Plant Structure;Wastewater Treatment Plant UV; Wastewater Treatment Plant Valves;Wastewater Treatment Plants; Wastewater Treatment Plant Floor;Basement Construction;Conveying; Exterior Enclosures;Facility Electrical;Facility Equipment;Fire Protection; 2023 Statement of Work v1 15 Page 101 of 188 Foundations;Furnishings;Interior Construction;Interior Finishes; Plumbing;Roofing;Site Mechanical Issues;Special Construction;Stairs; Superstructure;Selective Building Demolition;Site Preparation;Site Improvement;Other Site Construction o Parks and Recreation (10) ▪Athletic Space;Fence;Park;Park Structure;Playground Equipment; Bench;Landscape Area;Park Amenity;Playground;Tree 2023 Statement of Work v1 16 Page 102 of 188 CITY OF CRESTVIEW Item # 10.5. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 2/22/2024 SUBJECT: RAM Program that Offers Free Medical, Dental, and Optical Care BACKGROUND: Remote Area Medical (RAM) operates free pop-up clinics in communities that invite them. They offer free medical, dental, and optical screenings for those in need. This is a strictly volunteer-based event. DISCUSSION: Edward Mitchell has brought to our attention a program that he has been volunteering with for twenty years. He is requesting any kind of assistance that the City would be willing to provide, such as roadblocks or police officers to monitor the building. He is focusing on larger corporations for donations and would appreciate the City's support in bringing RAM to Crestview. 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 Page 103 of 188 RECOMMENDED ACTION Staff respectfully requests a motion to provide assistance to the RAM program as able. Attachments 1. RAM community Host group starter kit Page 104 of 188 Page 105 of 188 9 HOSTING A RAM CLINIC Remote Area Medical only operates free, pop-up clinics in communities that have invited us. Motivated community members, community leaders, and/or local nonprofits join together to host RAM clinics. These compassionate coalitions for Community Host Groups (CHGs). 1 I REMOTE AREA MEDICAL® RAM encourages and works closely with � ......... the CHG team, who are key players in making clinics a success. Members of CHG Leadership Team: •Community Host Group Lead •Recruitment Chair •Hospitality Chair •Promotions Chair Page 106 of 188 Page 107 of 188 Page 108 of 188 Page 109 of 188 Page 110 of 188 Page 111 of 188 Page 112 of 188 CITY OF CRESTVIEW Item # 12.1. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 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: 2/22/2024 SUBJECT: Form 6 Litigation Update BACKGROUND: This item as been provided to the City for discussion and potential approval. DISCUSSION: The City Attorney will provide a report on this proposed resolution at 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 Potential financial impacts will be discussed at the meeting. RECOMMENDED ACTION Staff respectfully requests direction from the City Council on Resolution 24-05. Attachments Page 113 of 188 1. Form 6 Federal Complaint Filed 2. Form 6 State Complaint Filed 3. Request and Agreement to Serve As Named Plaintiff rev 4. Resolution 24-5 Authorizing Participation In Lawsuit Challenging Form 6 Requirement Page 114 of 188 RESOLUTION: 2024- 5 A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA, AUTHORIZING PARTICIPATION IN LITIGATION SEEKING A DECLARATION THAT THE PROVISIONS OF SECTION 112.144(1)(d), FLORIDA STATUTES, THAT REQUIRE MUNICIPAL ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS UNCONSTITUTIONAL AND INVALID, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, since 1976, Article II, Section 8 of the Florida Constitution has required that all elected State constitutional officers file a full and public disclosure of their financial interests, which is done through a state- adopted form (“Form 6”) that requires, among other things, the disclosure of the specific amounts of an official’s net worth, income and asset values; and WHEREAS, historically, municipal elected officials have been required to make a more limited financial disclosure that is done through a different state-adopted form (“Form 1”) that requires, among other things, the disclosure of information related to sources of income, real property, intangible personal property liabilities and interests in specified businesses, but does not include the specific amounts of an official’s net worth, income and asset values; and WHEREAS, the Mayor and all current elected members of the City of Crestview (the “City Elected Officials”) were elected by the voters of the City subject to and in reliance upon Florida law that required them to annually file Form 1 (not Form 6) financial disclosures forms; and WHEREAS, although the State Legislature has the power in the Florida Constitution to require that additional public officers file a full and public disclosure of their financial interests, it must do so consistent with other constitutional limitations; and WHEREAS, in 1980, the voters of Florida amended the Florida Constitution by adopting Article 1, Section 23, the “Right to Privacy,” which states that “[e]very natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein”; and WHEREAS, because the right of privacy is a fundamental right within Florida’s constitution, the Florida Supreme Court has consistently required that any law intruding on the right is presumptively unconstitutional and must be justified by a “compelling state interest” which the law serves or protects through the “least restrictive means;” and WHEREAS, the First Amendment to the United States Constitution, and Article 1, Section 4 of the Florida Constitution, protects the freedom of speech, which includes the right to choose what to say and what not to say, any impairment of which must be justified by a “compelling state interest” which the law serves or protects through the “least restrictive means;” and WHEREAS, during the 2023 legislative session, Senate Bill 774 was passed and codified at Law of Florida 2023-09, amending Fla. Stat. § 112.3144, to change the financial disclosure requirements and now require that all elected municipal mayors and elected members of the governing board file a Form 6 financial disclosure, which is substantially more burdensome and personally intrusive than the Form 1; and WHEREAS, the imposition of the Form 6 disclosure requirements at the municipal level (a) represents an unwarranted intrusion into the privacy rights of municipal elected officials, most of which receive little or no Page 115 of 188 compensation for their service, (b) unnecessarily risks the safety of such officials (making them targets of, among other things, burglary, identity theft and extortion), and (c) will deter many otherwise qualified and interested citizens from running for office; and WHEREAS, in fact, over 100 municipal elected officials resigned from office prior to December 31, 2023, as a result of the new disclosure requirements, disrupting the ability of some local governments to operate for lack of a quorum; and WHEREAS, the imposition of the intrusive Form 6 disclosure requirements at the municipal level is not the least restrictive means of serving the governmental interests of preventing abuse of the public trust, as demonstrated by, among other things, the lack of such requirements at the municipal level in other states and at the federal level (even the President of the United States and members of the U.S. Congress are not required to make such extensive disclosures); and WHEREAS, requiring that unpaid (or low paid) municipal elected officials disclose their precise net worth, income and assets does not serve (let alone constitute the least restrictive means of serving) any compelling interest – Form 1 disclosures constitutes sufficient transparency to inform the public of potential conflicts; and WHEREAS, the imposition of new financial disclosure requirements upon municipal elected officials who were elected without such requirements violates due process, is fundamentally unfair and violates fundamental constitutional rights; and WHEREAS, a group of municipalities and municipal elected officials filed two lawsuits, one in State Court and one in Federal Court, on February 15, 2024, seeking a declaration that the provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected officials to file Form 6 financial disclosure forms are unconstitutional and invalid and should be enjoined (the “Lawsuits”); and WHEREAS, the City of Crestview believes it is in the best interest of the citizens and residents of the City to participate in the Lawsuits and urges other municipalities and their elected officials to also participate as plaintiffs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA AS FOLLOWS: Section 1: That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2: The City Crestview hereby authorizes the participation of the City, and any of individual Members of the City Council who choose to participate as plaintiffs, in the Lawsuits. Section 3 : Weiss Serota Helfman Cole + Bierman, PL (the “Firm”) is hereby retained to represent the City in the Lawsuits. The Firm will charge the City a flat fee, inclusive of attorneys’ fees and costs, of $10,000 to represent the City and the individual elected officials who choose to participate as plaintiffs, for the Lawsuits in the trial court. The City and elected officials recognize that such flat fee may be less than the actual attorneys’ fees and costs incurred, and that if the City and elected officials prevail in the Lawsuits, the Firm may apply with the Court for its actual reasonable attorneys’ and costs from the defendants. The filing of any appeals will be authorized by separate resolution under the terms thereof. The City and its elected officials also acknowledges that the Firm will be representing other local governments and officials in this lawsuit and waives any conflicts related to such representation. The City further acknowledges that, from time to time, the Firm may be called upon by client to represent them as to requests for various approvals and as to other matters with respect to or involving the City. The City hereby waives any potential conflict of interest in the Firm’s representation of those clients arising from its representation of the City in the Lawsuit.] Page 116 of 188 Section 4: The City of Crestview invites and urges other local governments and elected officials to join the City as plaintiffs in the Lawsuit and to coordinate their efforts with the City. Section 5: The City Clerk is directed to distribute this Resolution to all local governments in Okaloosa County. Section 6: That the appropriate City Officials are hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 7: That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of ____________________, 2024. ________________________________ Mayor ATTEST: ______________________________ City Clerk Approved as to form: _______________________________ City Attorney Page 117 of 188 UNITED STATE DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. PRESIDENT OF TOWN COUNCIL ELIZABETH A. LOPER, ALDERMAN KEITH J. BLACK, ALDERMAN KATHLEEN M. GROSS and ALDERMAN WILLIAM BIRCH, elected officials of the Town of Briny Breezes; COUNCILMEMBERS WALTER FAJET and JACKY BRAVO, elected officials of Miami Springs, Florida; COMMISSIONER PATRICIA PETRONE, an elected official of Lighthouse Point, Florida; MAYOR DANIELLE H. MOORE, PRESIDENT OF TOWN COUNCIL MARGARET A. ZEIDMAN, COUNCIL MEMBER EDWARD A. COONEY, COUNCIL MEMBER LEWIS CRAMPTON, COUNCIL MEMBER JULIE ARASKOG and COUNCIL MEMBER BOBBIE LINDSAY, elected officials of the Town of Palm Beach, Florida; MAYOR BRENT LATHAM, VICE MAYOR RICHARD CHERVONY, and COMMISSIONER ANDY ROTONDARO, elected officials of North Bay Village, Florida; MAYOR GLENN SINGER, an elected official of the Town of Golden Beach, Florida; MAYOR BERNARD KLEPACH, an elected official of Indian Creek, Florida; MAYOR JEFFREY P. FREIMARK, VICE- MAYOR SETH E. SALVER, COUNCILMAN DAVID ALBAUM, and COUNCILMAN DAVID WOLF, elected officials of the Village of Bal Harbour, Florida; MAYOR MARGARET BROWN, COMMISSIONER MARY MOLINA-MACFIE, COMMISSIONER CHRIS EDDY, Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 1 of 18 Page 118 of 188 2 COMMISSIONER HENRY MEAD, and COMMISSIONER BYRON L. JAFFE, elected officials of the City of Weston, Florida; MAYOR SHELLY PETROLIA, VICE- MAYOR RYAN BOYLSTON, DEPUTY VICE-MAYOR ROB LONG, COMMISSIONER ADAM FRANKEL, and COMMISSIONER ANGELA BURNS, elected officials of the City of Delray Beach, Florida; MAYOR JOSEPH AYOUB, COMMISSIONER ANDY STEINGOLD, COMMISSIONER CARLOS DIAZ, COMMISSIONER NANCY J. BESORE, and COMMISSIONER CLIFF MERZ, elected officials of the City of Safety Harbor, Florida; COMMISSIONER JEREMY KATZMAN, an elected official of Cooper City, Florida; MAYOR SCOTT J. BROOK, VICE-MAYOR SHAWN CERRA, COMMISSIONER JOSHUA SIMMONS, COMMISSIONER JOY CARTER, and COMMISSIONER NANCY METAYER BOWEN, elected officials of the City of Coral Springs, Florida; VICE-CHAIR ERIK BRECHNITZ, an elected official of the City of Marco Island, Florida; VICE MAYOR ARLENE SCHWARTZ, COMMISSIONER ANTONIO V. ARSERIO, COMMISSIONER JOANNE SIMONE, and COMMISSIONER ANTHONY N. CAGGIANO, elected officials of the City of Margate, Florida; MAYOR ROBERT T. WAGNER, COUNCIL MEMBER JOHN STEPHENS III, COUNCIL MEMBER TORY CJ GEILE, COUNCIL MEMBER JAMES B. BAGBY, and COUNCIL MEMBER TERESA R. HEBERT, elected officials of the City of Destin, Florida; Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 2 of 18 Page 119 of 188 3 MAYOR KENNETH R. THURSTON, COMMISSIONER MELISSA P. DUNN, and COMMISSIONER SARAI “RAY” MARTIN, elected officials of the City of Lauderhill, Florida, MAYOR BILL GANZ, VICE-MAYOR BERNIE PARNESS, COMMISSIONER BEN PRESTON, and COMMISSIONER MICHAEL HUDAK, elected officials of the City of Deerfield Beach, Florida; VICE-MAYOR PAUL A. KRUSS and COMMISSIONER RACHEL FRIEDLAND, elected officials of the City of Aventura, Florida; VICE-MAYOR MICHAEL NAPOLEONE, COUNCILWOMAN TANYA SISKIND, COUNCILMAN JOHN T. MCGOVERN, and COUNCILMAN MICHAEL DRAHOS, elected officials of the Village of Wellington; MAYOR FRED CLEVELAND, elected official of the City of New Smyrna Beach, Florida; COUNCILMEMBER JENNIFER ANDREU, elected official of the City of Plantation, Florida, COUNCILMEMBER KEM E. MASON, elected official of the Town of Lantana, Florida; and MAYOR CHARLES EDWARD DODD, VICE MAYOR KELLY DIXON, COUNCIL MEMBER FREDERICK B. JONES, COUNCIL MEMBER BOB MCPARTLAN, AND COUNCIL MEMBER CHRISTOPHER NUNN, elected officials of the City of Sebastian, Florida, Plaintiffs, vs. ASHLEY LUKIS, in her official capacity as Chair of the Florida Commission on Ethics; MICHELLE ANCHORS, in her official capacity as Vice Chair of the Florida Commission on Ethics; WILLIAM P. CERVONE, in his official Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 3 of 18 Page 120 of 188 4 capacity as a Member of the Florida Commission on Ethics; TINA DESCOVICH, in her official capacity as Member of the Florida Commission on Ethics; FREDDIE FIGGERS, in his official capacity as a Member of the Florida Commission on Ethics; LUIS M. FUSTE, in his official capacity as a Member of the Florida Commission on Ethics; and WENGAY M. NEWTON, SR., in his official capacity as a Member of the Florida Commission on Ethics, Defendants. COMPLAINT Plaintiffs bring this action against Defendants for declaratory and injunctive relief, and state as follows: OVERVIEW 1. This is an action by a large number of Florida elected municipal officials challenging a recently enacted law (“SB 774”) that on or before July 1, 2024 compels elected municipal officials in office as of January 1, 2024 to utter very specific statements, in writing and available to the public at large through the Internet, regarding the elected officials’ personal finances, including, among other things, stating the exact amount of their net worth and income, the total dollar value of their household goods, and the precise value of every asset and amount of every liability in excess of $1,000. An elected municipal official’s failure to make these public statements will result in significant fines, civil penalties, and even potential removal from office. 2. SB 774 amended, among other statutes, Fla. Stat. § 112.3144, and renders elected municipal officials in office as of January 1, 2024, and municipal candidates subject to the financial disclosure requirements of Fla. Const., art. II, § 8(j). 3. Prior to the enactment of SB 774, elected municipal officials and municipal candidates were required to provide financial disclosures via a document called “Form 1” pursuant Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 4 of 18 Page 121 of 188 5 to Fla. Stat. § 112.3145, but were not subject to the requirements of Fla. Const., art. II, § 8(j). However, Florida Statute sections 112.3144 and 99.061, as amended by SB 774 in 2023, respectively make all elected municipal officers and municipal candidates subject to the filing requirements of “Form 6,” which demands much more intrusive financial disclosures as outlined in the Florida Constitution and section 112.3144. A copy of Form 1 is attached as Exhibit A, and a copy of Form 6 is attached as Exhibit B. 4. Forcing municipal elected officials and municipal candidates to publicly make such statements impairs their right to be free of government-compelled, content-based, non-commercial speech, in violation of the First Amendment to the United States Constitution. 5. Rather than being the least restrictive, narrowly tailored means of accomplishing a compelling state interest, these new, financial disclosure requirements imposed on elected municipal officials and municipal candidates through SB 744 are the most restrictive means available – stricter and more onerous than required of federal elected officials (including the President of the United States) and of elected officials in other states throughout the country. 6. The additional, financial information statements required to be made by Form 6 (e.g., the disclosure of exact net worth, exact income and precise values of household goods and other assets and liabilities), as compared to Form 1, have little, if any, bearing on an elected official’s municipal service, does not prevent or even ameliorate conflicts of interest or public corruption, and does not increase public confidence in government. 7. Form 1 is a less restrictive, alternative means of accomplishing the same governmental interests, as would be the less onerous disclosure forms used by the federal government or any of the other states in the United States. Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 5 of 18 Page 122 of 188 6 8. Indeed, municipal elected officials and candidates operated under the requirements of Form 1 for decades, and nothing in the Legislature’s enactment of the new Form 6 requirement reflected that Form 1 was insufficient and necessitated a change. 9. As such, this action seeks an order (i) declaring the 2023 amendments to Fla. Stat. § 112.3144 related to elected municipal officials and any penalties arising therefrom, including those in Fla. Stat. § 112.317, are unconstitutional under the First Amendment of the United States Constitution, and (ii) enjoining Defendants from enforcing the disclosure requirements. JURISDICTION AND VENUE 10. The Court has subject matter jurisdiction over this case pursuant to this Court’s federal question jurisdiction, 28 U.S.C. § 1331, as this case arises under the First Amendment to the United States Constitution, as made applicable to the States by the Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1983. 11. This case seeks declaratory and injunctive relief, pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, Federal Rule of Civil Procedure 57, and 42 U.S.C. § 1983. 12. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b), as two of the Defendants (Freddie Figgers and Luis M. Fuste) reside in this District (and all are residents of this State), the majority of the plaintiffs reside and serve as elected officials in the District, and a substantial part of the events giving rise to the claim herein occurred in this District. THE PARTIES A. Plaintiffs 13. Plaintiffs in this action consist of the following current, elected officials of Florida municipalities: Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 6 of 18 Page 123 of 188 7 a. Town of Briny Breezes President of Town Council Elizabeth A. Loper; b. Town of Briny Breezes Alderman Keith J. Black; c. Town of Briny Breezes Alderman Kathleen M. Gross; d. Town of Briny Breezes Alderman William Birch; e. City of Miami Springs Councilmember Walter Fajet; f. City of Miami Springs Councilmember Jacky Bravo; g. City of Lighthouse Point Commissioner Patricia Petrone; h. Town of Palm Beach Mayor Danielle H. Moore; i. Town of Palm Beach President of Town Council Margaret A. Zeidman; j. Town of Palm Beach Council Member Edward A. Cooney; k. Town of Palm Beach Council Member Lewis Crampton; l. Town of Palm Beach Council Member Julie Araskog; m. Town of Palm Beach Council Member Bobbie Lindsay; n. North Bay Village Mayor Brent Latham; o. North Bay Village Vice Mayor Richard Chervony; p. North Bay Village Commissioner Andy Rotondaro; q. Golden Beach Mayor Glenn Singer; r. Indian Creek Mayor Bernard Klepach; s. Village of Bal Harbour Mayor Jeffrey P. Freimark ; t. Village of Bal Harbour Vice-Mayor Seth E. Salver; u. Village of Bal Harbour Councilman David Albaum; v. Village of Bal Harbour Councilman David Wolf; w. City of Weston Mayor Margaret Brown; x. City of Weston Commissioner Mary Molina-Macfie; Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 7 of 18 Page 124 of 188 8 y. City of Weston Commissioner Chris Eddy; z. City of Weston Commissioner Henry Mead; aa. City of Weston Commissioner Byron L. Jaffe; bb. City of Delray Beach Mayor Shelly Petrolia; cc. City of Delray Beach Vice Mayor Ryan Boylston; dd. City of Delray Beach Deputy Vice-Mayor Rob Long; ee. City of Delray Beach Commissioner Adam Frankel; ff. City of Delray Beach Commissioner Angela Burns; gg. City of Safety Harbor Mayor Joseph Ayoub; hh. City of Safety Harbor Commissioner Andy Steingold; ii. City of Safety Harbor Commissioner Carlos Diaz; jj. City of Safety Harbor Commissioner Nancy J. Besore; kk. City of Safety Harbor Commissioner Cliff Merz; ll. Cooper City Commissioner Jeremy Katzman; mm. City of Coral Springs Mayor Scott J. Brook; nn. City of Coral Springs Vice Mayor Shawn Cerra; oo. City of Coral Springs Commissioner Joshua Simmons; pp. City of Coral Springs Commissioner Joy Carter; qq. City of Coral Springs Commissioner Nancy Metayer Bowen; rr. City of Marco Island Vice-Chair Erik Brechnitz; ss. City of Margate Vice-Mayor Arlene Schwartz; tt. City of Margate Commissioner Antonio V. Arserio; uu. City of Margate Commissioner Joanne Simone; vv. City of Margate Commissioner Anthony N. Caggiano; Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 8 of 18 Page 125 of 188 9 ww. City of Destin Mayor Robert T. Wagner; xx. City of Destin Council Member John Stephens III; yy. City of Destin Council Member Torey CJ Geile; zz. City of Destin Council Member James B. Bagby; aaa. City of Destin Council Member Teresa R. Hebert; bbb. City of Lauderhill Mayor Kenneth R. Thurston; ccc. City of Lauderhill Commissioner Melissa P. Dunn; ddd. City of Lauderhill Commissioner Sarai “Ray” Martin; eee. City of Deerfield Beach Mayor Bill Ganz; fff. City of Deerfield Beach Vice-Mayor Bernie Parness; ggg. City of Deerfield Beach Commissioner Ben Preston; hhh. City of Deerfield Beach Commissioner Michael Hudak; iii. City of Aventura Vice-Mayor Paul A. Kruss; jjj. City of Aventura Commissioner Rachel Friedland; kkk. Village of Wellington Vice-Mayor Michael Napoleone; lll. Village of Wellington Councilwoman Tanya Siskind; mmm. Village of Wellington Councilwoman John T. McGovern; nnn. Village of Wellington Councilwoman Michael Drahos; ooo. City of New Smyrna Beach Mayor Fred Cleveland; ppp. City of Plantation Councilmember Jennifer Andreu; qqq. Town of Lantana Councilmember Kem E. Mason; rrr. City of Sebastian Mayor Charles Edward Dodd; sss. City of Sebastian Vice Mayor Kelly Dixon; ttt. City of Sebastian Council Member Frederick B. Jones; Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 9 of 18 Page 126 of 188 10 uuu. City of Sebastian Council Member Bob McPartlan; and vvv. City of Sebastian Council Member Christopher Nunn. 14. Plaintiffs are each duly elected or appointed officials of incorporated municipalities existing under the laws of the State of Florida and are currently in office. 15. As a result of the passage of SB 774, as of January 1, 2024, each, individual Plaintiff is subject to the financial disclosure requirements of Fla. Const., art. II, § 8(j) and Fla. Stat. § 112.3144, and are further subject to the fines, penalties and other enforcement mechanisms outlined in Fla. Stat. §§ 112.317 and 112.324. 16. Each Plaintiff is, therefore, required to file the requisite Form 6 (rather than the prior Form 1) on or before July 1, 2024. 17. The failure of any municipal elected official, including each Plaintiff, to make the compelled statements subjects him or her to a daily fine of $25 per day up to a maximum of $1,500 and, following an investigation and public hearing, a potential civil penalty of up to $20,000 and, among other things, a potential recommendation of removal from office. See Fla. Stat. §§ 112.3144(8)(f), 112.324(4), and 112.317. 18. Plaintiffs now face prior to the imminent deadline of July 1, 2024, the obligation to engage in non-commercial, content-based speech requirement to publicly disclose, against their will, the financial information required in Form 6, or face fines or other penalties. 19. Throughout Florida, more than 100 municipal elected officials resigned rather than agree to engage in such unwanted speech. 20. Plaintiffs strongly desire to continue to serve the public and have therefore not yet resigned, but instead have chosen to challenge the new compelled speech requirement. 21. Accordingly, Plaintiffs have each suffered a concrete and particularized injury-in- fact that is actual or imminent. Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 10 of 18 Page 127 of 188 11 B. Defendants 22. Defendant, Ashley Lukis (“Lukis”) is the Chair and a member of the Florida Commission on Ethics (“Commission”), a commission existing pursuant to Fla. Const., Art. II, § 8(h)(1) and Fla. Stat. § 112.320. Lukis is sued in her official capacity as Chair of the Commission. 23. Defendant, Michelle Anchors (“Anchors”) is the Vice Chair and a member of the Commission. Anchors is sued in her official capacity as Vice Chair of the Commission. 24. Defendant, William P. Cervone (“Cervone”) is a member of the Commission. Cervone is sued in his official capacity as member of the Commission. 25. Defendant Tina Descovich (“Descovich”) is a member of the Commission. Descovich is sued in her official capacity as member of the Commission. 26. Defendant, Freddie Figgers (“Figgers”) is a member of the Commission. Figgers is sued in his official capacity as member of the Commission and is a resident of this District. 27. Defendant, Luis Fuste (“Fuste”) is a member of the Commission. Fuste is sued in his official capacity as member of the Commission and is a resident of this District. 28. Defendant, Wengay M. Newton, Sr. (“Newton”) is a member of the Commission. Newton is sued in his official capacity as member of the Commission. 29. Lukis, Anchors, Cervone, Descovich, Figgers, Fuste, and Newton, collectively, comprise the Commission. 30. “The Agency Head is the entire Commission, which is responsible for final agency action.” See Statement of Organization and Operation of the Commission on Ethics, https://www.ethics.state.fl.us/Documents/Ethics/statement%20of%20org.pdf?cp=2024127 (last accessed February 12, 2024). 31. The Commission, through each Defendant, is charged with implementing and enforcing the State’s financial disclosure laws, including, among many other things, the receipt of Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 11 of 18 Page 128 of 188 12 Form 6 disclosures, training regarding Form 6, investigating alleged violations regarding Form 6 filings, imposing fines for failure to file Form 6, holding enforcement hearings regarding failure to file Form 6, making recommendations of removal from office for failure to file Form 6, and rendering legally binding advisory opinions regarding Form 6. See Fla. Const., Art. II, § 8(g); Fla. Stat. §§ 112.3144, 112.317, 112.320. 32. The Commission is also required to identify every person required to file Form 6, provide notification of said requirement to each person subject to these disclosures, and ensure compliance with the disclosure requirements by each person subject thereto. See Fla. Const., Art. II, § 8(g); Fla. Stat. §§ 112.3144, 112.317, 112.320. 33. In addition, the Commission’s 2022 Annual Report (as well as previous annual reports) expressly requested that the Legislature enact legislation to require that elected municipal officials complete Form 6, rather than Form 1, leading to the enactment of SB 774. See Annual Report to the Florida Legislature for Calendar Year 2022, pg. 23, https://ethics.state.fl.us/Documents/Publications/2022%20Annual%20Report.pdf?cp=202425 (last accessed February 12, 2024). 34. The only justification given by the Commission for its recommendation was: Elected municipal officials are very important and administer vast amounts of public resources. For these, and other reasons, their disclosure should be on par with that of county officials and others who file Form 6, rather than Form 1. The Commission believes the enhanced disclosure should be applied to all elected municipal officials regardless of the population or revenue of the municipality. 35. Nowhere in its report did the Commission conclude that there has been an increase in the need to oppose corruption or conflicts of interest at the municipal level or that Form 1 in any way was insufficient to the task of guarding against those governmental ills. In short, the Commission justified its recommendation merely by noting that municipal officials should have Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 12 of 18 Page 129 of 188 13 to disclose the same information others already disclose, without regard to the municipality’s population, revenue, annual budget, or any elected municipal compensation amount, if any. 36. All acts alleged herein by Defendants and their agents, servants, employees, or persons acting on their behalf were done and are continuing to be done under color of state law. 37. Plaintiffs bring this action against the state officers (namely, the members of the Commission) who have the responsibility to enforce the Form 6 requirement against municipal elected officials (including Plaintiffs) and seek only prospective equitable relief to end the continuing violations of the First Amendment to the United States Constitution. BACKGROUND A. History of Ethical Standards in Florida 38. Beginning in the late 1960s, the Florida Legislature has enacted numerous laws regulating ethical conduct for Florida’s elected officials, including laws related to the solicitation or acceptance of gifts, unauthorized compensation, misuse or abuse of public position, disclosure of certain information, doing business with one’s agency, conflicting employment, lobbying restrictions, dual public employment, anti-nepotism, conflicts of interest, and financial disclosure. See generally Fla. Stat., Chapter 112. 39. The interests that the financial disclosures are intended to serve are stated by the Commission: “Financial disclosure is required of public officials and employees because it enables the public to evaluate potential conflicts of interest, deters corruption, and increases public confidence in government.” See Florida Commission on Ethics, Financial Disclosure Information, www.ethics.state.fl.us/FinancialDisclosure/Index.aspx, last accessed February 12, 2024. 40. In 1976, the Florida Constitution was amended to require that all elected, state constitutional officers annually file a full and public disclosure of their financial interests, which Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 13 of 18 Page 130 of 188 14 is done through the state-adopted Form 6, requiring the disclosure of highly personal financial information. See Fla. Const. Art. II, § 8; Fla. Stat. § 112.3144; Exh. B. 41. The Form 6 requirement did not apply to elected municipal officials or candidates for municipal office prior to January 1, 2024. B. The Change from Form 1 to Form 6 for Elected Municipal Officials 42. Instead, prior to January 1, 2024, elected municipal officials were required to make a more limited financial disclosure that nevertheless provides sufficient information to satisfy the interests of preventing conflicts of interest and public corruption and increasing public confidence in government. See Fla. Stat. § 112.3145. The elected municipal officials’ financial disclosure was done through the state-adopted Form 1. Exh. A. 43. In the 2023 legislative session, the Florida Legislature duly enacted (and the Governor signed) SB 774, which was codified at Laws of Florida 2023-09, and which amended (in relevant part) Fla. Stat. § 112.3144, to change the financial disclosure requirements to require, as of January 1, 2024, that all elected municipal mayors and elected members of municipal governing boards (and candidates for such offices) file a Form 6 financial disclosure, rather than the previously required Form 1. See Fla. S.B. 774; Fla. Stat. §§ 99.061, 112.3144 (2023). C. Comparison of Form 6 to Form 1 44. Form 6 is a highly intrusive and extreme level of required, public financial disclosure, mandating the disclosure of private financial information unrelated to any official duties and unnecessary to satisfy the interest of preventing conflicts of interest and public corruption or increasing public confidence in government. See Exh. B. 45. Specifically, Form 6 requires that the official disclose: (a) the official’s exact net worth, to the penny, (b) the exact aggregate value of all household goods and personal effects, (c) the precise value of every other asset individually valued at over $1,000 (including a description of Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 14 of 18 Page 131 of 188 15 the asset), (d) the exact outstanding amount of all liabilities in excess of $1,000, including the name and address of the creditor, (e) every primary source of income that exceeded $1,000 during the year, including the name and address of the source of income and the precise amount of income, (f) every secondary source of income in excess of $1,000 from any business of which the official owns more than 5%, including the name of the business entity, the major sources of business income (namely, any that account for 10% or more of the business’s revenue), and the address and principal business activity or source, and (g) any interest in certain specified types of businesses. See Exh. B. 46. In contrast, Form 1 requires that the official disclose: (a) the name, address and principal business active for every primary sources of income in excess of $2,500 (but not the amount), (b) every secondary source of income in excess of $5,000 from any business of which the official owns more than 5%, including the name of the business entity, the major source of business income (any that account for 10% or more of the business’s revenue), and the address and principal business activity or source, (c) a description of all real property (but not the value) of which the official had more than a 5% ownership interest, (d) a description (but not the value) of intangible property owned by the official and valued at more than $10,000, (e) the name and address of each creditor to whom the official owed more than $10,000 (but not the amount owed), and (f) any interest in certain specified types of businesses. See Exh. A. 47. The information in Form 1 and Form 6 of each filer is made publicly available through the Commission’s website. COUNT I COMPELLED, CONTENT-BASED SPEECH IN VIOLATION OF THE FIRST AMENDMENT OF THE U.S. CONSTITUTION, PURSUANT TO 42 U.S.C. § 1983 48. Plaintiffs reallege and incorporate by reference the allegations contained in paragraphs 1 through 47, as if fully set forth herein. Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 15 of 18 Page 132 of 188 16 49. The First Amendment to the United States Constitution, as applied to the States by the Fourteenth Amendment, prohibits the government, including Defendants, from abridging Plaintiffs’ freedom of speech though government-compelled speech. 50. The First Amendment’s speech rights include the right to speak freely, the right to refrain from speaking at all, and the right not to speak certain words or messages. 51. The statements required by Fla. Stat. § 112.3144, through Form 6, constitute non- commercial, compelled speech from Plaintiffs in violation of the First Amendment. 52. Specifically, Fla. Stat. § 112.3144 unconstitutionally compels Plaintiffs to make invasive, public disclosures about their personal finances through Form 6. 53. The required disclosures of Fla. Stat. § 112.3144, through Form 6, are content- based speech because they compel individuals to speak a particular message. Compelled speech is no less compelled and no less speech because it is required to be in writing. 54. For example, among many other things, on July 1, 2024, each Plaintiff will be forced to say the words: “My Net Worth as of December 31, 2023 was $_________.” See Exh. B at 1. 55. Plaintiffs would not otherwise engage in such non-commercial, content-based speech (namely, publicly disclosing to the public their exact net worth, income, asset values and other personal financial information required in Form 6) but for the requirements of Fla. Stat. § 112.3144 and the threat of fines, penalties and other enforcement mechanisms set forth in Fla. Stat. § 112.317. 56. The compelled speech in Form 6, as required by Fla. Stat. § 112.3144, is readily reviewable (now and for many years to come) by the public on the Internet, and the information in each filed Form 6 is clearly and readily associated with the individual filer (i.e., via the name of each individual Plaintiff). Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 16 of 18 Page 133 of 188 17 57. Because the compelled speech is effectuated through state statute, the constitutional deprivation at issue here is caused by official policy of the state and under color of state law. 58. Although Plaintiffs recognize the government’s interest in preventing conflicts of interest, deterring corruption, and increasing public confidence in government, Fla. Stat. § 112.3144, as amended by SB 744, and the application of Form 6 to elected municipal officials are not narrowly tailored to achieve these interests. 59. Requiring Plaintiffs to make the additional, compelled speech required by Form 6 (as opposed to the statements previously required through Form 1) are not the least restrictive means to accomplish any compelling government purpose. 60. Accordingly, an actual controversy exists between Plaintiffs and Defendants, each of whom have adverse legal interests of sufficient immediacy to warrant the issuance of a declaratory judgment and injunctive relief. WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor: A. Declaring, pursuant to 28 U.S.C. § 2201, 42 U.S.C. § 1983, and Rule 57, Fed. R. Civ P., that Fla. Stat. § 112.3144 (2023) compels Plaintiffs to engage in content-based, non- commercial speech in violation of the First Amendment of the United States Constitution and is, therefore, unconstitutional; B. Enjoining, pursuant to 28 U.S.C. § 2202, Defendants from enforcing Fla. Stat. § 112.3144 (including the imposition of any fines, penalties or other enforcement) against Plaintiffs, arising from the failure of any Plaintiffs to file a Form 6 while subject to such requirements; C. Awarding Plaintiffs their costs and expenses (including attorneys’ fees) incurred in bringing in this action, pursuant to 42 U.S.C. § 1988, 28 U.S.C. § 1920, and other applicable law; and Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 17 of 18 Page 134 of 188 18 D. Granting such other relief as this Court deems just and proper. Dated this 15th day of February, 2024. WEISS SEROTA HELFMAN COLE + BIERMAN P.L. 200 East Broward Blvd., Ste. 1900 Fort Lauderdale, FL 33301 Telephone: (954) 763-4242 Facsimile: (954) 764-7770 By: /s/ Jamie A. Cole JAMIE A. COLE Florida Bar No. 767573 jcole@wsh-law.com msaraff@wsh-law.com EDWARD G. GUEDES Florida Bar No. 768201 eguedes@wsh-law.com szavala@wsh-law.com Counsel for Plaintiffs Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 18 of 18 Page 135 of 188 Exhibit A Case 1:24-cv-20604-XXXX Document 1-3 Entered on FLSD Docket 02/15/2024 Page 1 of 5 Page 136 of 188 General Information Name: County: Address: DISCLOSURE FILER SAMPLE ADDRESS SAMPLE COUNTY AGENCY INFORMATION Organization Suborganization Title PID SAMPLE Name of Source of Income Source's Address Description of the Source's Principal Business Activity PRIMARY SOURCE OF INCOME (Over $2,500) (Major sources of income to the reporting person) (If you have nothing to report, write “none” or “n/a”) Primary Sources of Income THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR CALENDAR YEAR ENDING DECEMBER 31, 2023 . Disclosure Period SAMPLE Printed from the Florida EFDMS System Page 1 of 4 2023 Form 1 - Statement of Financial Interests SAMPLE SAMPLE SAMPLE E-F I L I N G SA M P L E Case 1:24-cv-20604-XXXX Document 1-3 Entered on FLSD Docket 02/15/2024 Page 2 of 5 Page 137 of 188 Name of Business Entity Name of Major Sources of Business' Income Address of Source Principal Business Activity of Source SECONDARY SOURCES OF INCOME (Major customers, clients, and other sources of income to businesses owned by the reporting person) (If you have nothing to report, write “none” or “n/a”) Secondary Sources of Income REAL PROPERTY (Land, buildings owned by the reporting person) (If you have nothing to report, write “none” or “n/a”) Location/Description Real Property Intangible Personal Property INTANGIBLE PERSONAL PROPERTY (Stocks, bonds, certificates of deposit, etc. over $10,000) (If you have nothing to report, write “none” or “n/a”) Type of Intangible Business Entity to Which the Property Relates SAMPLE Printed from the Florida EFDMS System Page 2 of 4 2023 Form 1 - Statement of Financial Interests E-F I L I N G S A M P L E Case 1:24-cv-20604-XXXX Document 1-3 Entered on FLSD Docket 02/15/2024 Page 3 of 5 Page 138 of 188 Name of Creditor Address of Creditor LIABILITIES (Major debts valued over $10,000): (If you have nothing to report, write “none” or “n/a”) Liabilities Interests in Specified Businesses Business Entity # 1 INTERESTS IN SPECIFIED BUSINESSES (Ownership or positions in certain types of businesses) (If you have nothing to report, write “none” or “n/a”) Training Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to you for this form year. SAMPLE Printed from the Florida EFDMS System Page 3 of 4 2023 Form 1 - Statement of Financial Interests E-F I L I N G SA M P L E Case 1:24-cv-20604-XXXX Document 1-3 Entered on FLSD Docket 02/15/2024 Page 4 of 5 Page 139 of 188 Digitally signed: Signature of Filer Filed with COE: SAMPLE Printed from the Florida EFDMS System Page 4 of 4 2023 Form 1 - Statement of Financial Interests E-F I L I N G SA M P L E Case 1:24-cv-20604-XXXX Document 1-3 Entered on FLSD Docket 02/15/2024 Page 5 of 5 Page 140 of 188 Exhibit B Case 1:24-cv-20604-XXXX Document 1-4 Entered on FLSD Docket 02/15/2024 Page 1 of 4 Page 141 of 188 General Information Name: County: Address: DISCLOSURE FILER SAMPLE ADDRESS SAMPLE COUNTY AGENCY INFORMATION Organization Suborganization Title PID SAMPLE My Net Worth as of December 31, 2023 was $ [AMOUNT]. Net Worth Household goods and personal effects may be reported in a lump sum if their aggregate value exceeds $1,000. This category includes any of the following, if not held for investment purposes: jewelry; collections of stamps, guns, and numismatic items; art objects; household equipment and furnishings; clothing; other household items; and vehicles for personal use, whether owned or leased. ASSETS INDIVIDUALLY VALUED AT OVER $1,000: Description of Asset Value of Asset Assets The aggregate value of my household goods and personal effect is N/A. SAMPLE Printed from the Florida EFDMS System Page 1 of 3 2023 Form 6 - Full and Public Disclosure of Financial Interests SAMPLE SAMPLE SAMPLE E-F I L I N G SA M P L E Case 1:24-cv-20604-XXXX Document 1-4 Entered on FLSD Docket 02/15/2024 Page 2 of 4 Page 142 of 188 Name of Creditor Address of Creditor Amount of Liability Name of Creditor Address of Creditor Amount of Liability LIABILITIES IN EXCESS OF $1,000: Liabilities JOINT AND SEVERAL LIABILITIES NOT REPORTED ABOVE: Name of Source of Income Exceeding $1,000 Address of Source of Income Amount Name of Business Entity Name of Major Sources of Business Income Address of Source Principal Business Activity of Source Identify each separate source and amount of income which exceeded $1,000 during the year, including secondary sources of income. Or attach a complete copy of your 2022 federal income tax return, including all W2s, schedules, and attachments. Please redact any social security or account numbers before attaching your returns, as the law requires these documents be posted to the Commission’s website. Income PRIMARY SOURCES OF INCOME: SECONDARY SOURCES OF INCOME (Major customers, clients, etc. of businesses owned by reporting person): o I elect to file a copy of my 2023 federal income tax return and all W2s, schedules, and attachments. SAMPLE Printed from the Florida EFDMS System Page 2 of 3 2023 Form 6 - Full and Public Disclosure of Financial Interests E-F I L I N G SA M P L E Case 1:24-cv-20604-XXXX Document 1-4 Entered on FLSD Docket 02/15/2024 Page 3 of 4 Page 143 of 188 Digitally signed: Signature of Reporting Official or Candidate Under the penalties of perjury, I declare that I have read the foregoing Form 6 and that the facts stated in it are true. Filed with COE: Training Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to you for this form year. Interests in Specified Businesses Business Entity # 1 SAMPLE Printed from the Florida EFDMS System Page 3 of 3 2023 Form 6 - Full and Public Disclosure of Financial Interests E-F I L I N G SA M P L E Case 1:24-cv-20604-XXXX Document 1-4 Entered on FLSD Docket 02/15/2024 Page 4 of 4 Page 144 of 188 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA CASE NO. TOWN OF BRINY BREEZES, FLORIDA, a Florida municipal corporation; CITY OF MIAMI SPRINGS, FLORIDA, a Florida municipal corporation; CITY OF LIGHTHOUSE POINT, FLORIDA, a Florida municipal corporation; TOWN OF PALM BEACH, FLORIDA, a Florida municipal corporation; NORTH BAY VILLAGE, FLORIDA, a Florida municipal corporation; TOWN OF GOLDEN BEACH, FLORIDA, a Florida municipal corporation; VILLAGE OF INDIAN CREEK, FLORIDA, a Florida municipal corporation; VILLAGE OF BAL HARBOUR, FLORIDA, a Florida municipal corporation; CITY OF WESTON, FLORIDA, a Florida municipal corporation; CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation; CITY OF SAFETY HARBOR, FLORIDA, a Florida municipal corporation; COOPER CITY, FLORIDA, a Florida municipal corporation; CITY OF CORAL SPRINGS, FLORIDA, a Florida municipal corporation; CITY OF ST. AUGUSTINE, FLORIDA, a Florida municipal corporation; Filing # 192080225 E-Filed 02/15/2024 05:48:42 PM Page 145 of 188 2 CITY OF MARCO ISLAND, FLORIDA, a Florida municipal corporation; VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation; CITY OF WILTON MANORS, FLORIDA, a Florida municipal corporation; CITY OF MARGATE, FLORIDA, a Florida municipal corporation; CITY OF DESTIN, FLORIDA, a Florida municipal corporation; CITY OF LAUDERHILL, FLORIDA, a Florida municipal corporation; CITY OF DEERFIELD BEACH, FLORIDA, a Florida municipal corporation; CITY OF AVENTURA, FLORIDA, a Florida municipal corporation; VILLAGE OF WELLINGTON, FLORIDA, a Florida municipal corporation; VILLAGE OF PINECREST, FLORIDA, a Florida municipal corporation; CITY OF NEW SMYRNA BEACH, FLORIDA, a Florida municipal corporation; CITY OF SEBASTIAN, FLORIDA, a Florida municipal corporation; PRESIDENT OF TOWN COUNCIL ELIZABETH A. LOPER, ALDERMAN KEITH J. BLACK, ALDERMAN KATHLEEN M. GROSS and ALDERMAN WILLIAM BIRCH, elected officials of the Town of Briny Breezes; COUNCILMEMBERS WALTER FAJET and JACKY BRAVO, elected officials of Miami Springs, Florida; Page 146 of 188 3 COMMISSIONER PATRICIA PETRONE, an elected official of Lighthouse Point, Florida; MAYOR DANIELLE H. MOORE, PRESIDENT OF TOWN COUNCIL MARGARET A. ZEIDMAN, COUNCIL MEMBER EDWARD A. COONEY, COUNCIL MEMBER LEWIS CRAMPTON, COUNCIL MEMBER JULIE ARASKOG and COUNCIL MEMBER BOBBIE LINDSAY, elected officials of the Town of Palm Beach, Florida; MAYOR BRENT LATHAM, VICE MAYOR RICHARD CHERVONY, and COMMISSIONER ANDY ROTONDARO, elected officials of North Bay Village, Florida; MAYOR GLENN SINGER, an elected official of the Town of Golden Beach, Florida; MAYOR BERNARD KLEPACH, an elected official of Indian Creek, Florida; MAYOR JEFFREY P. FREIMARK, VICE- MAYOR SETH E. SALVER, COUNCILMAN DAVID ALBAUM, and COUNCILMAN DAVID WOLF, elected officials of the Village of Bal Harbour, Florida; MAYOR MARGARET BROWN, COMMISSIONER MARY MOLINA-MACFIE, COMMISSIONER CHRIS EDDY, COMMISSIONER HENRY MEAD, and COMMISSIONER BYRON L. JAFFE, elected officials of the City of Weston, Florida; MAYOR SHELLY PETROLIA, VICE- MAYOR RYAN BOYLSTON, DEPUTY VICE-MAYOR ROB LONG, COMMISSIONER ADAM FRANKEL, and COMMISSIONER ANGELA BURNS, elected officials of the City of Delray Beach, Florida; MAYOR JOSEPH AYOUB, COMMISSIONER ANDY STEINGOLD, COMMISSIONER Page 147 of 188 4 CARLOS DIAZ, COMMISSIONER NANCY J. BESORE, and COMMISSIONER CLIFF MERZ, elected officials of the City of Safety Harbor, Florida; COMMISSIONER JEREMY KATZMAN, an elected official of Cooper City, Florida; MAYOR SCOTT J. BROOK, VICE-MAYOR SHAWN CERRA, COMMISSIONER JOSHUA SIMMONS, COMMISSIONER JOY CARTER, and COMMISSIONER NANCY METAYER BOWEN, elected officials of the City of Coral Springs, Florida; VICE-CHAIR ERIK BRECHNITZ, an elected official of the City of Marco Island, Florida; VICE MAYOR ARLENE SCHWARTZ, COMMISSIONER ANTONIO V. ARSERIO, COMMISSIONER JOANNE SIMONE, and COMMISSIONER ANTHONY N. CAGGIANO, elected officials of the City of Margate, Florida; MAYOR ROBERT T. WAGNER, COUNCIL MEMBER JOHN STEPHENS III, COUNCIL MEMBER TORY CJ GEILE, COUNCIL MEMBER JAMES B. BAGBY, and COUNCIL MEMBER TERESA R. HEBERT, elected officials of the City of Destin, Florida; MAYOR KENNETH R. THURSTON, COMMISSIONER MELISSA P. DUNN, and COMMISSIONER SARAI “RAY” MARTIN, elected officials of the City of Lauderhill, Florida, MAYOR BILL GANZ, VICE-MAYOR BERNIE PARNESS, COMMISSIONER BEN PRESTON, and COMMISSIONER MICHAEL HUDAK, elected officials of the City of Deerfield Beach, Florida; Page 148 of 188 5 VICE-MAYOR PAUL A. KRUSS and COMMISSIONER RACHEL FRIEDLAND, elected officials of the City of Aventura, Florida; VICE-MAYOR MICHAEL NAPOLEONE, COUNCILWOMAN TANYA SISKIND, COUNCILMAN JOHN T. MCGOVERN, and COUNCILMAN MICHAEL DRAHOS, elected officials of the Village of Wellington; MAYOR FRED CLEVELAND, elected official of the City of New Smyrna Beach, Florida; COUNCILMEMBER JENNIFER ANDREU, elected official of the City of Plantation, Florida; COUNCILMEMBER KEM E. MASON, elected official of the Town of Lantana, Florida, and MAYOR CHARLES EDWARD DODD, VICE MAYOR KELLY DIXON, COUNCIL MEMBER FREDERICK B. JONES, COUNCIL MEMBER BOB MCPARTLAN, AND COUNCIL MEMBER CHRISTOPHER NUNN, elected officials of the City of Sebastian, Florida, Plaintiffs, vs. ASHLEY LUKIS, in her official capacity as Chair of the Florida Commission on Ethics; MICHELLE ANCHORS, in her official capacity as Vice Chair of the Florida Commission on Ethics; WILLIAM P. CERVONE, in his official capacity as a Member of the Florida Commission on Ethics; TINA DESCOVICH, in her official capacity as Member of the Florida Commission on Ethics; FREDDIE FIGGERS, in his official capacity as a Member of the Florida Commission on Ethics; LUIS M. FUSTE, in his official capacity as a Member of the Florida Commission on Ethics; and WENGAY M. NEWTON, SR., in his official capacity as a Member of the Florida Commission on Ethics, Page 149 of 188 6 Defendants. COMPLAINT Plaintiffs bring this action against Defendants for declaratory and injunctive relief, and state as follows: OVERVIEW 1. This is an action by a large number of Florida municipalities and elected municipal officials challenging a recently enacted law (“SB 774”) that requires municipal elected officials in office as of January 1, 2024, to disclose quintessentially private, highly personal financial information, including, among other things, the exact amount of their net worth and income, the total dollar value of their household goods, and the precise value of every asset and amount of every liability in excess of $1,000, on or before July 1, 2024, or otherwise face significant fines, civil penalties, and even potential removal from office. 2. SB 774 amended, among other statutes, sections 112.3144, and 99.061, Florida Statutes, and renders elected municipal officials and candidates subject to the financial disclosure requirements of article II, section 8(j) of the Florida Constitution. 3. Prior to the enactment of SB 774, elected municipal officials and candidates were required to provide financial disclosures via a document called “Form 1,” pursuant to section 112.3145, Florida Statutes, but were not subject to the requirements of article II, section 8(j). However, sections 112.3144 and 99.061, as amended by SB 774 in 2023, make all elected municipal officers and candidates subject to the filing requirements of “Form 6,” which demands much more intrusive financial disclosures as outlined in the Florida Constitution and section 112.3144. A copy of Form 1 is attached as Exhibit A, and a copy of Form 6 is attached as Exhibit B. Page 150 of 188 7 4. Forcing municipal elected officials and candidates to publicly disclose such private information impairs their right to privacy under the Floria Constitution. Because the right to privacy is enumerated as a fundamental right, any such impairment is impermissible unless it is the least restrictive means of achieving a compelling state interest. 5. Rather than being the least restrictive means of accomplishing a compelling state interest, the new financial disclosure requirements imposed on municipal officials and candidates through SB 774 are the most restrictive means available—stricter and more onerous than those required of federal elected officials (including the President of the United States) and of elected officials in other states throughout the country. 6. The additional financial information required to be disclosed by Form 6 (e.g., the exact net worth, exact income, and precise values of household goods and other assets and liabilities), as compared to Form 1, has little bearing, if any, on an elected official’s municipal service, does not prevent conflicts of interest or public corruption, and does not increase public confidence in government. 7. Form 1 is a less restrictive alternative means of accomplishing the same governmental interests, as would be the less onerous disclosure forms used by the federal government or any of the other states in the United States. 8. Indeed, municipal elected officials and candidates operated under the requirements of Form 1 for decades, and nothing in the Legislature’s enactment of the new Form 6 requirement reflected that Form 1 was insufficient and necessitated a change. 9. As such, this action seeks an order (i) declaring the 2023 amendments to sections 112.3144 and 99.061, Florida Statutes, related to elected municipal officials and candidates and any penalties arising therefrom, including those in section 112.317, Florida Statutes, violate Article Page 151 of 188 8 1, Section 23 of the Florida Constitution, and (ii) enjoining Defendants from enforcing the disclosure requirements. JURISDICTION AND VENUE 10. This is an action for declaratory relief, pursuant to Chapter 86, Florida Statutes, seeking to declare that the 2023 amendments to sections 112.3144 and 99.061, Florida Statutes, and any penalties arising therefrom, including those in section 112.317, Florida Statutes, are unconstitutional and invalid. The Court has jurisdiction to grant declaratory relief. See §§ 86.011, 86.021, 86.101, Fla. Stat. The Court further has jurisdiction to grant supplemental relief, including injunctive relief. § 86.061, Fla. Stat. 11. Venue is proper in Leon County because Defendants are all members of the Commission on Ethics, which is located and conducts business in Leon County, Florida. In addition, any enforcement of the Form 6 requirement would take place in Leon County, Florida. 12. All conditions precedent to the institution of this lawsuit have been, or will be, satisfied or waived. THE PARTIES 13. The Plaintiffs in this action consist of Florida municipalities and current elected officials of Florida municipalities. A. The Municipal Plaintiffs 14. The Florida municipal plaintiffs, each of which is an incorporated municipality existing under the laws of the State of Florida (collectively, “Municipal Plaintiffs”), consist of: a. Town of Briny Breezes, located in Palm Beach County, Florida; b. City of Miami Springs, located in Miami-Dade County, Florida; c. City of Lighthouse Point, located in Broward County, Florida; Page 152 of 188 9 d. Town of Palm Beach, located in Palm Beach County, Florida; e. North Bay Village, located in Miami-Dade County, Florida; f. Town of Golden Beach, located in Miami-Dade County, Florida; g. Village of Indian Creek, located in Miami-Dade County, Florida; h. Village of Bal Harbour, located in Miami-Dade County, Florida; i. City of Weston, located in Broward County, Florida; j. City of Delray Beach, located in Palm Beach County, Florida; k. City of Safety Harbor, located in Pinellas County, Florida; l. Cooper City, located in Broward County, Florida; m. City of Coral Springs, located in Broward County, Florida; n. City of St. Augustine, located in St. Johns County, Florida; o. City of Marco Island, located in Collier County, Florida; p. Village of Key Biscayne, located in Miami-Dade County, Florida; q. City of Wilton Manors, located in Broward County, Florida; r. City of Margate, located in Broward County, Florida; s. City of Destin, located in Okaloosa County, Florida; t. City of Lauderhill, located in Broward County, Florida; u. City of Deerfield Beach, located in Broward County, Florida; v. City of Aventura, located in Miami-Dade County, Florida; w. Village of Wellington, located in Palm Beach County, Florida; x. Village of Pinecrest, located in Miami-Dade County, Florida; y. City of New Smyrna Beach, located in Volusia County, Florida, and z. City of Sebastian, located in Indian River County, Florida. Page 153 of 188 10 15. As a result of SB 774, as of January 1, 2024, each elected member of, and candidate for, the governing body of every Municipal Plaintiff herein is required to file a Form 6. 16. The Municipal Plaintiffs each have a strong interest in having qualified people run for, and continue to serve in, municipal elected office. The Form 6 requirement will deter qualified people from running for and serving in elected office in the Municipal Plaintiffs. In fact, the Florida League of Cities has advised that, throughout Florida, over 100 municipal elected officials have already resigned rather than be subjected to the filing of a Form 6 financial disclosure, significantly disrupting the operations of those municipalities. 17. For example, in plaintiff Briny Breezes, former Mayor Gene Adams, former Council President Christina Adams, and former Alderman and Council President Sue Thaler all resigned in December 2023 because of the Form 6 requirement. As a result of resignations, municipalities, including Municipal Plaintiffs, have been (and/or will be) forced to expend significant public funds for filling vacancies, including temporary appointments and special elections. In addition, the vacancies have disrupted municipal operations. 18. In addition, pursuant to section 112.3144(9), a municipal elected official can be subject to “an order recommending that the officer or employee be removed from his or her public office” for refusing to file the Form 6, potentially creating even more vacancies, disrupting Municipal Plaintiffs’ operations, and causing the additional expenditure of public funds to fill those vacancies. 19. The Florida Legislature has expressly recognized the strong interest of the Municipal Plaintiffs to attract qualified candidates to run for and hold office, and the importance of ensuring that ethics laws not deter people from seeking municipal elected office: It is also essential that government attract those citizens best qualified to serve. Thus, the law against conflict of interest must be so designed as not to impede Page 154 of 188 11 unreasonably or unnecessarily the recruitment and retention by government of those best qualified to serve. Public officials should not be denied the opportunity, available to all other citizens, to acquire and retain private economic interests except when conflicts with the responsibility of such officials to the public cannot be avoided. § 112.311, Fla. Stat. The application of the Form 6 disclosure requirement does precisely what the law says it is not to do, to the detriment of the Municipal Plaintiffs: it “impede[s] unreasonably or unnecessarily the recruitment and retention by government of those best qualified to serve.” Indeed, its impact is particularly felt at the municipal level where local legislators volunteer to serve their fellow residents, often with little or no compensation. 20. The Municipal Plaintiffs thus have a statutorily recognized interest in ensuring that qualified candidates run for office and remain in office and thus have a substantial interest in this action. B. The Elected Official Plaintiffs 21. The “Elected Official Plaintiffs” consist of the following, each of whom is currently serving as a municipal elected official: a. Town of Briny Breezes President of Town Council Elizabeth A. Loper; b. Town of Briny Breezes Alderman Keith J. Black; c. Town of Briny Breezes Alderman Kathleen M. Gross; d. Town of Briny Breezes Alderman William Birch; e. City of Miami Springs Councilmember Walter Fajet; f. City of Miami Springs Councilmember Jacky Bravo; g. City of Lighthouse Point Commissioner Patricia Petrone; h. Town of Palm Beach Mayor Danielle H. Moore; i. Town of Palm Beach President of Town Council Margaret A. Zeidman; Page 155 of 188 12 j. Town of Palm Beach Council Member Edward A. Cooney; k. Town of Palm Beach Council Member Lewis Crampton; l. Town of Palm Beach Council Member Julie Araskog; m. Town of Palm Beach Council Member Bobbie Lindsay; n. North Bay Village Mayor Brent Latham; o. North Bay Village Vice Mayor Richard Chervony; p. North Bay Village Commissioner Andy Rotondaro; q. Golden Beach Mayor Glenn Singer; r. Indian Creek Mayor Bernard Klepach; s. Village of Bal Harbour Mayor Jeffrey P. Freimark ; t. Village of Bal Harbour Vice-Mayor Seth E. Salver; u. Village of Bal Harbour Councilman David Albaum; v. Village of Bal Harbour Councilman David Wolf; w. City of Weston Mayor Margaret Brown; x. City of Weston Commissioner Mary Molina-Macfie; y. City of Weston Commissioner Chris Eddy; z. City of Weston Commissioner Henry Mead; aa. City of Weston Commissioner Byron L. Jaffe; bb. City of Delray Beach Mayor Shelly Petrolia; cc. City of Delray Beach Vice Mayor Ryan Boylston; dd. City of Delray Beach Deputy Vice-Mayor Rob Long; ee. City of Delray Beach Commissioner Adam Frankel; ff. City of Delray Beach Commissioner Angela Burns; Page 156 of 188 13 gg. City of Safety Harbor Mayor Joseph Ayoub; hh. City of Safety Harbor Commissioner Andy Steingold; ii. City of Safety Harbor Commissioner Carlos Diaz; jj. City of Safety Harbor Commissioner Nancy J. Besore; kk. City of Safety Harbor Commissioner Cliff Merz; ll. Cooper City Commissioner Jeremy Katzman; mm. City of Coral Springs Mayor Scott J. Brook; nn. City of Coral Springs Vice Mayor Shawn Cerra; oo. City of Coral Springs Commissioner Joshua Simmons; pp. City of Coral Springs Commissioner Joy Carter; qq. City of Coral Springs Commissioner Nancy Metayer Bowen; rr. City of Marco Island Vice-Chair Erik Brechnitz; ss. City of Margate Vice-Mayor Arlene Schwartz; tt. City of Margate Commissioner Antonio V. Arserio; uu. City of Margate Commissioner Joanne Simone; vv. City of Margate Commissioner Anthony N. Caggiano; ww. City of Destin Mayor Robert T. Wagner; xx. City of Destin Council Member John Stephens III; yy. City of Destin Council Member Torey CJ Geile; zz. City of Destin Council Member James B. Bagby; aaa. City of Destin Council Member Teresa R. Hebert; bbb. City of Lauderhill Mayor Kenneth R. Thurston; ccc. City of Lauderhill Commissioner Melissa P. Dunn; Page 157 of 188 14 ddd. City of Lauderhill Commissioner Sarai “Ray” Martin; eee. City of Deerfield Beach Mayor Bill Ganz; fff. City of Deerfield Beach Vice-Mayor Bernie Parness; ggg. City of Deerfield Beach Commissioner Ben Preston; hhh. City of Deerfield Beach Commissioner Michael Hudak; iii. City of Aventura Vice-Mayor Paul A. Kruss; jjj. City of Aventura Commissioner Rachel Friedland; kkk. Village of Wellington Vice-Mayor Michael Napoleone; lll. Village of Wellington Councilwoman Tanya Siskind; mmm. Village of Wellington Councilwoman John T. McGovern; nnn. Village of Wellington Councilwoman Michael Drahos; ooo. City of New Smyrna Beach Mayor Fred Cleveland; ppp. City of Plantation Councilmember Jennifer Andreu; qqq. Town of Lantana Councilmember Kem E. Mason; rrr. City of Sebastian Mayor Charles Edward Dodd; sss. City of Sebastian Vice Mayor Kelly Dixon; ttt. City of Sebastian Council Member Frederick B. Jones; uuu. City of Sebastian Council Member Bob McPartlan; and vvv. City of Sebastian Council Member Christopher Nunn. 22. The Elected Official Plaintiffs are each elected Mayors or members of the governing bodies of incorporated municipalities existing under the laws of the State of Florida, who are currently in office. Page 158 of 188 15 23. As a result of the passage of SB 774, as of January 1, 2024, each Elected Official Plaintiff is subject to the Form 6 financial disclosure requirements of section 8, article II of the Florida Constitution, and section 112.3144, Florida Statutes, and are further subject to the fines, penalties and other enforcement mechanisms outlined therein and in sections 112.317 and 112.324, Florida Statutes, if they do not timely file Form 6 financial disclosures. 24. Each Elected Official Plaintiff is therefore required to file the requisite Form 6 (rather than the prior Form 1) on or before July 1, 2024. 25. The failure of any municipal elected official to file a Form 6, including each Elected Official Plaintiff, subjects him or her to a daily fine of $25 per day up to a maximum of $1,500 and, following an investigation and public hearing, a potential civil penalty of up to $20,000 and, among other things, a potential recommendation of removal from office. See §§ 112.3144(8)(f), 112.324(4), 112.317, Fla. Stat. 26. The Elected Official Plaintiffs now face the Hobson’s choice of either sacrificing their constitutionally protected right to privacy by filing a Form 6 on or before the imminent deadline of July 1, 2024, as now required by section 112.3144, or face fines, penalties, and other enforcement, including the possible removal from office. Throughout Florida, more than 100 municipal elected officials have resigned rather than agree to surrender their constitutionally protected privacy. The Elected Official Plaintiffs strongly desire to continue to serve the public and have therefore not yet resigned, but instead have chosen to challenge the new requirement. 27. Accordingly, the Elected Official Plaintiffs each has a significant interest in this action. C. The Defendants Page 159 of 188 16 28. Defendant, Ashley Lukis (“Lukis”) is the Chair and a Member of the Florida Commission on Ethics (“Commission”), a commission existing pursuant to article II, section 8(h)(1) of the Florida Constitution and section 112.320, Florida Statutes. Lukis is sued in her official capacity as Chair of the Commission. 29. Defendant, Michelle Anchors (“Anchors”) is the Vice Chair and a Member of the Commission. Anchors is sued in her official capacity as Vice Chair of the Commission. 30. Defendant, William P. Cervone (“Cervone”) is a Member of the Commission. Cervone is sued in his official capacity as Member of the Commission. 31. Defendant Tina Descovich (“Descovich”) is a Member of the Commission. Descovich is sued in her official capacity as Member of the Commission. 32. Defendant, Freddie Figgers (“Figgers”) is a Member of the Commission. Figgers is sued in his official capacity as Member of the Commission. 33. Defendant, Luis Fuste (“Fuste”) is a Member of the Commission. Fuste is sued in his official capacity as Member of the Commission. 34. Defendant, Wengay M. Newton, Sr. (“Newton”) is a Member of the Commission. Newton is sued in his official capacity as Member of the Commission. 35. Lukis, Anchors, Cervone, Descovich, Figgers, Fuste, and Newton, collectively, comprise the Commission. 36. “The Agency Head is the entire Commission, which is responsible for final agency action.” See Statement of Organization and Operation of the Commission on Ethics, https://www.ethics.state.fl.us/Documents/Ethics/statement%20of%20org.pdf?cp=2024127, last accessed February 12, 2024. Page 160 of 188 17 37. The Commission, through each Defendant, is charged with implementing and enforcing the State’s financial disclosure laws, including, among many other things, the receipt of the Form 6 disclosure forms, training regarding Form 6, investigating alleged violations regarding Form 6 filings, imposing fines for failure to file Form 6, holding enforcement hearings regarding failure to file Form 6, making recommendations of removal from office for failure to file Form 6, and rendering legally binding advisory opinions regarding Form 6. See Art II, § 8(g), Fla. Const.; §§ 112.3144, 112.317, 112.320, Fla. Stat. 38. The Commission is also required to identify every person required to file Form 6, provide notice of said requirements to each person subject to these disclosures, and ensure compliance with the disclosure requirements by each person subject thereto. See Art II, § 8(g), Fla. Const.; §§ 112.3144, 112.317, 112.320, Fla. Stat. 39. In addition, the Commission’s 2022 Annual Report (as well as previous annual reports) expressly requested that the Legislature enact legislation to require municipal elected officials to complete Form 6, rather than Form 1, leading to the enactment of SB 774. See Annual Report to the Florida Legislature for Calendar Year 2022, p. 23, https://ethics.state.fl.us/Documents/Publications/2022%20Annual%20Report.pdf?cp=202425 (last accessed February 12, 2024). The only justification given by the Commission for its recommendation was: Elected municipal officials are very important and administer vast amounts of public resources. For these, and other reasons, their disclosure should be on par with that of county officials and others who file Form 6, rather than Form 1. The Commission believes the enhanced disclosure should be applied to all elected municipal officials regardless of the population or revenue of the municipality. 40. Nowhere in its report did the Commission conclude that there has been an increase in the need to oppose corruption or conflicts of interest at the municipal level or that Form 1 in any Page 161 of 188 18 way was insufficient to the task of guarding against those governmental ills. In short, the Commission justified its recommendation merely by noting that municipal officials should have to disclose the same information others already disclose, without regard to the municipality’s population, revenue, annual budget, or any elected municipal compensation amount, if any. 41. Plaintiffs bring this action against the state officers (namely, the members of the Commission) who have the responsibility to enforce the Form 6 requirement against municipal elected officials (including the Elected Official Plaintiffs) and seek only declaratory and injunctive relief to end the continuing violations of Article 1, Section 23 of the Florida Constitution. Plaintiffs do not seek damages in this action. BACKGROUND A. History of Ethical Standards in Florida 42. Beginning in the late 1960s, the Florida Legislature has enacted numerous laws regulating ethical conduct for Florida’s elected officials, including laws related to the solicitation or acceptance of gifts, unauthorized compensation, misuse or abuse of public position, disclosure of certain information, doing business with one’s agency, conflicting employment, lobbying restrictions, dual public employment, anti-nepotism, conflicts of interest, and financial disclosure. See generally Chapter 112, Fla. Stat. 43. The interests that the financial disclosures are intended to serve are stated by the Commission: “Financial disclosure is required of public officials and employees because it enables the public to evaluate potential conflicts of interest, deters corruption, and increases public confidence in government.” See Florida Commission on Ethics, Financial Disclosure Information, www.ethics.state.fl.us/FinancialDisclosure/Index.aspx, last accessed February 12, 2024. Page 162 of 188 19 44. In 1976, the Florida Constitution was amended to require that all elected state constitutional officers annually file a full and public disclosure of their financial interests, which is done through the state-adopted Form 6, which requires the disclosure of highly personal financial information. See Art. II, § 8, Fla Const.; § 112.3144, Fla. Stat. See also Exh. B. 45. The Form 6 requirement did not apply to elected municipal officials or candidates for elected municipal office prior to 2024. B. The Change from Form 1 to Form 6 For Elected Municipal Officials 46. Instead, until 2024, elected municipal officials have been required to make a more limited financial disclosure that nevertheless provides sufficient information to satisfy the interest of preventing conflicts of interest and public corruption and increasing public confidence in government. See § 112.3145, Fla. Stat. The elected municipal officials’ financial disclosure has for years been accomplished through the use of Form 1. See Exh. A. 47. In the 2023 legislative session, the Florida Legislature duly enacted (and the Governor signed) SB 774, which was codified at Laws of Florida 2023-09, and which amended (in relevant part) sections 99.061, 112.3144 and 112.317, Florida Statutes to change the financial disclosure requirements to now require that all elected municipal mayors and elected members of the governing board (and candidates for such offices) file a Form 6 financial disclosure, rather than the previously required Form 1. See S.B. 774; § 112.3144, Fla. Stat. (2023). C. Comparison of Form 6 to Form 1 48. Form 6 represents a highly intrusive and extreme level of required financial disclosure, mandating the disclosure of private financial information unrelated to any official duties and unnecessary to satisfy the interest of preventing conflicts of interest and public corruption or increasing public confidence in government. Page 163 of 188 20 49. Specifically, Form 6 requires that the official disclose: (a) the official’s exact net worth, to the penny, (b) the exact aggregate value of all household goods and personal effects, (c) the precise value of every other asset individually valued at over $1,000 (including a description of the asset), (d) the exact outstanding amount of all liabilities in excess of $1,000, including the name and address of the creditor, (e) every primary source of income that exceeded $1,000 during the year, including the name and address of the source of income and the precise amount of income, (f) every secondary source of income in excess of $1,000 from any business of which the official owns more than 5%, including the name of the business entity, the major sources of business income (namely, any that account for 10% or more of the business’s revenue), and the address and principal business activity or source, and (g) any interest in certain specified types of businesses. See Exh. A. 50. In contrast, Form 1 requires that the official disclose: (a) the name, address and principal business active for every primary sources of income in excess of $2,500 (but not the amount), (b) every secondary source of income in excess of $5,000 from any business of which the official owns more than 5%, including the name of the business entity, the major source of business income (any that account for 10% or more of the business’s revenue), and the address and principal business activity or source, (c) a description of all real property (but not the value) of which the official had more than a 5% ownership interest, (d) a description (but not the value) of intangible property owned by the official and valued at more than $10,000, (e) the name and address of each creditor to whom the official owed more than $10,000 (but not the amount owed), and (f) any interest in certain specified types of businesses. See Exh. B. 51. The information in Form 1 and Form 6 of each filer is made publicly available through the Commission’s website. D. The Applicable Constitutional Protection 52. In 1980, the voters of Florida amended the Florida Constitution by adopting Article 1, Section 23, the “Right to Privacy,” which states that “[e]very natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise Page 164 of 188 21 provided herein.” The only limitation on this right codified in the Florida Constitution is that the right “shall not be construed to limit the public’s right of access to public records and meetings as provided by law.” Art. I, § 23, Fla. Const. 53. Because the right to privacy is a fundamental right within Florida’s constitution, the Florida Supreme Court has required that any law intruding on that right is presumptively unconstitutional and must be justified by a “compelling state interest” which the law serves or protects through the “least restrictive means.” See, e.g., Winfield v. Div. of Pari-Mutuel Wagering, 477 So. 2d 544 (Fla. 1985). E. The Impact of the Change from Form 1 to Form 6 for Municipal Elected Officials 54. The imposition of the Form 6 disclosure requirements at the municipal level (a) represents an unwarranted intrusion into the privacy of municipal elected officials, most of whom receive little or no compensation for their service; (b) unnecessarily risks the safety of such officials (making them targets of, among other things, robbery, identity theft, and extortion); and (c) will deter many otherwise qualified and interested citizens from running for local office. 55. The Florida League of Cities has indicated that over 100 elected municipal officials resigned on or before December 31, 2023, stating that they did not want to be subject to the Form 6 filing requirement (which applies to municipal elected officials in office beginning on January 1, 2024). 56. Requiring that uncompensated (or minimally compensated) municipal elected officials disclose their precise net worth, income and assets does not serve (let alone constitute the least restrictive means of serving) any compelling interest. Form 1 disclosures have for years provided sufficient transparency to inform the public of potential conflicts, prevent corruption, and create public confidence in government. Page 165 of 188 22 COUNT I VIOLATION OF RIGHT TO PRIVACY UNDER FLORIDA CONSTITUTION 57. The Plaintiffs reallege and incorporate by reference the allegations contained in paragraphs 1 through 56, inclusive, as if fully set forth herein. 58. This count is an action for declaratory judgment, pursuant to sections 86.011, et. seq., Florida Statutes, seeking a declaration from the Court that the requirement in section 112.3144, Florida Statutes, that municipal elected officials file Form 6 financial disclosures violates article I, section 23 of the Florida Constitution, and is therefore unconstitutional and invalid, and to enjoin the enforcement thereof. 59. Any law that intrudes on Florida’s Constitutional right to privacy under article 1, section 23 is presumptively unconstitutional and must be justified by a “compelling state interest” which the law serves or protects through the “least restrictive means.” 60. Form 6 requires the disclosure of highly private and confidential financial information that the Elected Official Plaintiffs have kept private and desire to continue to keep private. 61. Once disclosure occurs through the filing of Form 6 with the Commission, the highly private financial information will be readily available on the Internet by anyone for many years to come and will be readily associated with the individual filer. 62. Although Plaintiffs recognize the government’s interest in preventing conflicts of interest and deterring corruption, SB 774’s expansion of section 112.3144 and the requirements of Form 6 to municipal elected officials and candidates is not narrowly tailored to achieve this interest. Page 166 of 188 23 63. The highly intrusive disclosures required by Form 6 (as opposed to Form 1 or the forms used by the federal government and every other state in the United States) are not the least restrictive means to accomplish any compelling government purpose. 64. An actual controversy exists between Plaintiffs and Defendants, who have adverse legal interests of sufficient immediacy to warrant the issuance of a declaratory judgment and injunctive relief. 65. All elements necessary to support a cause of action for declaratory relief are present: a. There is a bona fide, actual, present need for a declaration that the requirement in section 112.3144, Florida Statutes, that municipal elected officials file Form 6 financial disclosures violates article I, section 23 of the Florida Constitution. b. The declaration sought deals with a present controversy as to an ascertainable set of facts. c. Plaintiffs’ constitutionally protected rights and privileges are dependent upon the law applicable to the facts. d. The Plaintiffs and the Defendants have an actual, present, adverse, and antagonistic interest in the subject matter of this Complaint. e. The antagonistic and adverse interests are all before this Court. f. The relief sought is not merely the giving of legal advice or providing the answer to a question propounded from curiosity, but stems from an actual controversy. Prayer for Relief WHEREFORE, the Plaintiffs respectfully request that judgment be entered in their favor: Page 167 of 188 24 A. Declaring that the requirement in section 112.3144, Florida Statutes, that municipal elected officials (including the Elected Official Plaintiffs) and candidates file Form 6 financial disclosures violates Article I, Section 23 of the Florida Constitution. B. Pursuant to the Court’s power to grant supplemental relief under section 86.061, Florida Statutes, temporarily and permanently enjoining the Defendants from enforcing section 112.3144 (including the imposition of any fines, penalties, or other enforcement) arising from the failure of any of the Elected Official Plaintiffs or candidates or elected official of any of the Municipal Plaintiffs, for the failure to file a Form 6. C. Awarding Plaintiffs their costs incurred in bringing this action, and D. Granting such other relief as this Court deems just and proper. Dated this 15th day of February, 2024. WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Blvd., Ste. 1900 Fort Lauderdale, FL 33301 Telephone: (954) 763-4242 By: s/ Jamie A. Cole JAMIE A. COLE Florida Bar No. 767573 jcole@wsh-law.com msaraff@wsh-law.com EDWARD G. GUEDES Florida Bar No. 768103 eguedes@wsh-law.com szavala@wsh-law.com Counsel for Plaintiffs Page 168 of 188 25 Kimberly Romano Kopp, Esq. Florida Bar No. 0684511 Romano Kopp Law, P.A. P.O. Box 5524 Destin, Florida 32541 Phone: (407) 430-7070 Email: kkopp@romanokopplaw.com Email: tsander@romanokopplaw.com Co-Counsel for City of Destin, Florida Page 169 of 188 Exhibit A Page 170 of 188 General Information Name: County: Address: DISCLOSURE FILER SAMPLE ADDRESS SAMPLE COUNTY AGENCY INFORMATION Organization Suborganization Title PID SAMPLE Name of Source of Income Source's Address Description of the Source's Principal Business Activity PRIMARY SOURCE OF INCOME (Over $2,500) (Major sources of income to the reporting person) (If you have nothing to report, write “none” or “n/a”) Primary Sources of Income THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR CALENDAR YEAR ENDING DECEMBER 31, 2023 . Disclosure Period SAMPLE Printed from the Florida EFDMS System Page 1 of 4 2023 Form 1 - Statement of Financial Interests SAMPLE SAMPLE SAMPLE E-F I L I N G SA M P L E Page 171 of 188 Name of Business Entity Name of Major Sources of Business' Income Address of Source Principal Business Activity of Source SECONDARY SOURCES OF INCOME (Major customers, clients, and other sources of income to businesses owned by the reporting person) (If you have nothing to report, write “none” or “n/a”) Secondary Sources of Income REAL PROPERTY (Land, buildings owned by the reporting person) (If you have nothing to report, write “none” or “n/a”) Location/Description Real Property Intangible Personal Property INTANGIBLE PERSONAL PROPERTY (Stocks, bonds, certificates of deposit, etc. over $10,000) (If you have nothing to report, write “none” or “n/a”) Type of Intangible Business Entity to Which the Property Relates SAMPLE Printed from the Florida EFDMS System Page 2 of 4 2023 Form 1 - Statement of Financial Interests E-F I L I N G S A M P L E Page 172 of 188 Name of Creditor Address of Creditor LIABILITIES (Major debts valued over $10,000): (If you have nothing to report, write “none” or “n/a”) Liabilities Interests in Specified Businesses Business Entity # 1 INTERESTS IN SPECIFIED BUSINESSES (Ownership or positions in certain types of businesses) (If you have nothing to report, write “none” or “n/a”) Training Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to you for this form year. SAMPLE Printed from the Florida EFDMS System Page 3 of 4 2023 Form 1 - Statement of Financial Interests E-F I L I N G SA M P L E Page 173 of 188 Digitally signed: Signature of Filer Filed with COE: SAMPLE Printed from the Florida EFDMS System Page 4 of 4 2023 Form 1 - Statement of Financial Interests E-F I L I N G SA M P L E Page 174 of 188 Exhibit B Page 175 of 188 General Information Name: County: Address: DISCLOSURE FILER SAMPLE ADDRESS SAMPLE COUNTY AGENCY INFORMATION Organization Suborganization Title PID SAMPLE My Net Worth as of December 31, 2023 was $ [AMOUNT]. Net Worth Household goods and personal effects may be reported in a lump sum if their aggregate value exceeds $1,000. This category includes any of the following, if not held for investment purposes: jewelry; collections of stamps, guns, and numismatic items; art objects; household equipment and furnishings; clothing; other household items; and vehicles for personal use, whether owned or leased. ASSETS INDIVIDUALLY VALUED AT OVER $1,000: Description of Asset Value of Asset Assets The aggregate value of my household goods and personal effect is N/A. SAMPLE Printed from the Florida EFDMS System Page 1 of 3 2023 Form 6 - Full and Public Disclosure of Financial Interests SAMPLE SAMPLE SAMPLE E-F I L I N G SA M P L E Page 176 of 188 Name of Creditor Address of Creditor Amount of Liability Name of Creditor Address of Creditor Amount of Liability LIABILITIES IN EXCESS OF $1,000: Liabilities JOINT AND SEVERAL LIABILITIES NOT REPORTED ABOVE: Name of Source of Income Exceeding $1,000 Address of Source of Income Amount Name of Business Entity Name of Major Sources of Business Income Address of Source Principal Business Activity of Source Identify each separate source and amount of income which exceeded $1,000 during the year, including secondary sources of income. Or attach a complete copy of your 2022 federal income tax return, including all W2s, schedules, and attachments. Please redact any social security or account numbers before attaching your returns, as the law requires these documents be posted to the Commission’s website. Income PRIMARY SOURCES OF INCOME: SECONDARY SOURCES OF INCOME (Major customers, clients, etc. of businesses owned by reporting person): o I elect to file a copy of my 2023 federal income tax return and all W2s, schedules, and attachments. SAMPLE Printed from the Florida EFDMS System Page 2 of 3 2023 Form 6 - Full and Public Disclosure of Financial Interests E-F I L I N G SA M P L E Page 177 of 188 Digitally signed: Signature of Reporting Official or Candidate Under the penalties of perjury, I declare that I have read the foregoing Form 6 and that the facts stated in it are true. Filed with COE: Training Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to you for this form year. Interests in Specified Businesses Business Entity # 1 SAMPLE Printed from the Florida EFDMS System Page 3 of 3 2023 Form 6 - Full and Public Disclosure of Financial Interests E-F I L I N G SA M P L E Page 178 of 188 Request and Agreement to Serve As Named Plaintiff On ________, 2024, the [City/Town/Village] of ____________ approved Resolution No. ______ (the “Resolution”), authorizing the participation of the [City/Town/Village] of ________, and any of its elected officials who choose to participate, in two lawsuits seeking declarations that the provisions of Section 112.144(1)(d), Florida Statutes, that require municipal elected officials to file Form 6 Financial Disclosure Forms is unconstitutional and invalid (the “Lawsuits”). I hereby request and agree to serve as a named plaintiff in the Lawsuits, pursuant to the terms of the Resolution, including the section related to conflicts of interest, and for the law firm of Weiss Serota Helfman Cole + Bierman PL to represent me in the Lawsuits. Signature: __________________________ Name: __________________________ Position: __________________________ Municipality: __________________________ Date: ___________________________ Page 179 of 188 1 | P a g e RESOLUTION NO. 24-05 A RESOLUTION OF THE CITY CRESTVIEW OKALOOSA, AUTHORIZING PARTICIPATION IN LITIGATION SEEKING A DECLARATION THAT THE PROVISIONS OF SECTION 112.144(1)(d), FLORIDA STATUTES, THAT REQUIRE MUNICIPAL ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS UNCONSTITUTIONAL AND INVALID, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, since 1976, Article II, Section 8 of the Florida Constitution has required that all elected State constitutional officers file a full and public disclosure of their financial interests, which is done through a state-adopted form (“Form 6”) that requires, among other things, the disclosure of the specific amounts of an official’s net worth, income and asset values; and WHEREAS, historically, municipal elected officials have been required to make a more limited financial disclosure that is done through a different state-adopted form (“Form 1”) that requires, among other things, the disclosure of information related to sources of income, real property, intangible personal property liabilities and interests in specified businesses, but does not include the specific amounts of an official’s net worth, income and asset values; and WHEREAS, the Mayor and all current elected members of the City of Crestview (the “City Elected Officials”) were elected by the voters of the City subject to and in reliance upon Florida law that required them to annually file Form 1 (not Form 6) financial disclosures forms; and WHEREAS, although the State Legislature has the power in the Florida Constitution to require that additional public officers file a full and public disclosure of their financial interests, it must do so consistent with other constitutional limitations; and Page 180 of 188 2 | P a g e WHEREAS, in 1980, the voters of Florida amended the Florida Constitution by adopting Article 1, Section 23, the “Right to Privacy,” which states that “[e]very natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein”; and WHEREAS, because the right of privacy is a fundamental right within Florida’s constitution, the Florida Supreme Court has consistently required that any law intruding on the right is presumptively unconstitutional and must be justified by a “compelling state interest” which the law serves or protects through the “least restrictive means;” and WHEREAS, the First Amendment to the United States Constitution, and Article 1, Section 4 of the Florida Constitution, protects the freedom of speech, which includes the right to choose what to say and what not to say, any impairment of which must be justified by a “compelling state interest” which the law serves or protects through the “least restrictive means;” and WHEREAS, during the 2023 legislative session, Senate Bill 774 was passed and codified at Law of Florida 2023-09, amending Fla. Stat. § 112.3144, to change the financial disclosure requirements and now require that all elected municipal mayors and elected members of the governing board file a Form 6 financial disclosure, which is substantially more burdensome and personally intrusive than the Form 1; and WHEREAS, the imposition of the Form 6 disclosure requirements at the municipal level (a) represents an unwarranted intrusion into the privacy rights of municipal elected officials, most of which receive little or no compensation for their service, (b) unnecessarily risks the safety of such officials (making them targets of, among other things, burglary, identity theft and Page 181 of 188 3 | P a g e extortion), and (c) will deter many otherwise qualified and interested citizens from running for office; and WHEREAS, in fact, over 100 municipal elected officials resigned from office prior to December 31, 2023, as a result of the new disclosure requirements, disrupting the ability of some local governments to operate for lack of a quorum; and WHEREAS, the imposition of the intrusive Form 6 disclosure requirements at the municipal level is not the least restrictive means of serving the governmental interests of preventing abuse of the public trust, as demonstrated by, among other things, the lack of such requirements at the municipal level in other states and at the federal level (even the President of the United States and members of the U.S. Congress are not required to make such extensive disclosures); and WHEREAS, requiring that unpaid (or low paid) municipal elected officials disclose their precise net worth, income and assets does not serve (let alone constitute the least restrictive means of serving) any compelling interest – Form 1 disclosures constitutes sufficient transparency to inform the public of potential conflicts; and WHEREAS, the imposition of new financial disclosure requirements upon municipal elected officials who were elected without such requirements violates due process, is fundamentally unfair and violates fundamental constitutional rights; and WHEREAS, a group of municipalities and municipal elected officials filed two lawsuits, one in State Court and one in Federal Court, on February 15, 2024, seeking a declaration that the provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected officials to file Form 6 financial disclosure forms are unconstitutional and invalid and should be enjoined (the “Lawsuits”); and Page 182 of 188 4 | P a g e WHEREAS, the City of Crestview believes it is in the best interest of the citizens and residents of the City to participate in the Lawsuits and urges other municipalities and their elected officials to also participate as plaintiffs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA AS FOLLOWS: Section 1: That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2: The City of Crestview hereby authorizes the participation of the City, and any of individual Members of the City Council who choose to participate as plaintiffs, in the Lawsuits. Section 3 : Weiss Serota Helfman Cole + Bierman, PL (the “Firm”) is hereby retained to represent the City in the Lawsuits. The Firm will charge the City a flat fee, inclusive of attorneys’ fees and costs, of $10,000 to represent the City and the individual elected officials who choose to participate as plaintiffs, for the Lawsuits in the trial court. The City and elected officials recognize that such flat fee may be less than the actual attorneys’ fees and costs incurred, and that if the City and elected officials prevail in the Lawsuits, the Firm may apply with the Court for its actual reasonable attorneys’ and costs from the defendants. The filing of any appeals will be authorized by separate resolution under the terms thereof. The City and its elected officials also acknowledges that the Firm will be representing other local governments and officials in this lawsuit and waives any conflicts related to such representation. The City further acknowledges that, from time to time, the Firm may be called upon by client to represent them as to requests for various approvals and as to other matters with respect to or involving the Page 183 of 188 5 | P a g e City. The City hereby waives any potential conflict of interest in the Firm’s representation of those clients arising from its representation of the City in the Lawsuit.] Section 4:The City of Crestview invites and urges other local governments and elected officials to join the City as plaintiffs in the Lawsuit and to coordinate their efforts with the City. Section 5: The City Clerk is directed to distribute this Resolution to all local governments in Okaloosa County. Section 6: That the appropriate City Officials are hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 7: That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of ____________________, 2024. ________________________________ JB Whitten, Mayor ATTEST: ______________________________ Maryanne Schrader, City Clerk Approved as to form: _______________________________ Jonathan Holloway, City Attorney Page 184 of 188 CITY OF CRESTVIEW Item # 12.2. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Gina Toussaint, Finance Director DATE: 2/21/2024 SUBJECT: Financial Update - Finance Director BACKGROUND: This is a presentation of the monthly financial information as required by the City Charter. DISCUSSION: Below you will find the links to the Noveber and December Monthly Financial Statements, First Quarter Pooled Cash Carryforward as well as the January Check Register. Follow this link by clicking on the icon with the arrow for the January Check Register. Follow this link by clicking on the icon with the arrow for the January Amazon ECheck Register. Follow this link by clicking on the icon with the arrow for the December Monthly Financial Statement Follow this link by clicking on the icon with the arrow for the November Monthly Financial Statement. Follow this link by clicking on the icon with the arrow for the Pooled Cash Carry Forward. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Page 185 of 188 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. Attachments None Page 186 of 188 CITY OF CRESTVIEW Item # 12.3. Staff Report CITY COUNCIL MEETING DATE: February 26, 2024 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning Administrator DATE: 2/22/2024 SUBJECT: Monthly Department Report - Community Development Services BACKGROUND: This item is an update regarding various aspects of the Community Development Services Department. DISCUSSION: CDS Overview Just before our previous update, the Animal Control and Code Enforcement divisions of CDS were moved to the Police Department. Despite the move, staff in CDS has continued to operate at the same level of efficiency with those divisions and has grown in efficiency working with other departments of the City as well. CDS provides support to Code Enforcement in cases related to unsafe structures and provides permit information, and CDS continues to assist Animal Services in the design of an updated facility. We coordinate with the Director of Operations and our Public Services department to support the various infrastructure projects around the City, pursuing grant applications and obtaining letters of support when applicable. Whenever possible, we work to build strong, lasting relationships with other private and public organizations in the local area. In an effort to prioritize safety and efficiency, CDS staff worked with our Director of Operations to design a remodel of the Department. This will provide for a more suitable permitting area for the public as well as an improved office layout for staff. We expect to see significant movement on this project throughout the coming year. Building, Permits and Inspections Division In the Building Division, we've been able to further improve our customer service ability and solution-focused culture through hiring a new permit technician, as well as a new building inspector. We are able to take more time helping contractors become more familiar with the MyGovernmentOnline (MGO) permitting software, and permitting staff continues to find better ways to integrate this software throughout other departments and divisions in the City. As an example, Last year, our permitting and licensing specialist identified an issue in the MGO system, and pursued permit-holders to recover $308,600.00 of unrealized Public Safety Impact Fees that we wouldn't have otherwise received. In December, permitting staff organized and conducted a multi-jurisdictional Building Forum to allow local jurisdictions to inform and discuss upcoming building code changes with local contractors, before they took effect. The forum was a success, with 72 in attendance, and the division looks forward to conducting more similar events in the future. Our inspectors continue to pass examinations for new buildings trades and other certifications, achieving 5 in the past year. This division has issued 1365 permits since January 1st, 2023. Planning and Zoning The Planning and Zoning Department continues to work more closely with developers to help them navigate Page 187 of 188 the development process or the process of opening a business. Since January 1st, 2023, we've issued 109 new BTR's, and have renewed 907 BTR's from last year, so far. Last year we were able to bring the BTR to a flat rate and provide a suitable fee for necessary fire inspections that were already being conducted. Staff is currently working with MGO staff to move the Planning and Zoning processes into the MGO system, which will eventually include the BTR process, to further increase efficiency and ease-of-use across the board. Since January 1, 2023, 619.53 acres of land were annexed through 8 applications. We issued 16 development orders for commercial sites, and 4 development orders for subdivisions, totaling 1,304 proposed residential units (640 lots and 664 multifamily units). There are currently 25 active commercial projects under construction, with an additional 7 in the review process for development order issuance. There are 3 subdivision projects under construction in various phases of development, and an additional 8 in the review process. Over the past year or so, planning and zoning staff have taken over the planning processes related to the Community Development Block Grant (CDBG) program, and have also begun the process necessary to administer the State Housing Initiatives Partnership (SHIP) program, which both provide funding for various types of improvements and assistance for our Low to Moderate Income areas and Residents. Similarly, staff assisted our CRA in developing grant applications for use in our Community Redevelopment Area downtown. Our planners continue to work with our planning consultants with regard to our upcoming Comprehensive Plan rewrite as well. Planning staff has cooperated with Okaloosa County as it pertains to transportation planning and their Attainable Workforce Housing Study and hope to help with the County's North-County Planning Study as much as is needed. We've maintained a relationship with Eglin Air Force Base both as a cooperating agency in their placement of a CDC in our area, in addition to a general relationship through other planning subjects such as housing and transportation. 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. Communication- To engage, inform and educate public and staff FINANCIAL IMPACT This item is informational and has no financial impact. RECOMMENDED ACTION N/A Attachments None Page 188 of 188