HomeMy Public PortalAbout03252024 City Council Regular Meeting Agenda Packet
CITY COUNCIL REGULAR MEETING AGENDA
MARCH 25, 2024
6:00 P.M.
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 Stallworth of Evelenar Baptist Church
3. Open Policy Making and Legislative Session
4. Approve Agenda
5. Presentations and Reports
5.1. Child Abuse Awareness Month Proclamation
5.2. American Red Cross Life Saving Award Proclamation
5.3. Friends of the Library
6. Consent Agenda
6.1. Approval of Easement Granted by Okaloosa County School Board
6.2. Planning and Development Board Appointments
6.3. Approval of Amendment 9 – Operations Management International
6.4. Approval of City Council Regular Meeting Minutes of March 11, 2024
7. Public Hearings / Ordinances on Second Reading
7.1. Ordinance 1965 - Noise Ordinance Amendments
8. Ordinances on First Reading
8.1. Ordinance 1966 - Smoking in Twin Hills Park
9. Resolutions
10. Action Items
10.1. Memorandum of Understanding- Murphy Oil Traffic Mitigation
10.2 Senior Center Improvements
Page 1 of 63
11. City Clerk Report
11.1. Monthly Update
12. City Manager Report
12.1. Financial Update - Finance Director
13. Comments from the Mayor and Council
14. Comments from the Audience
15. Adjournment
The Presentations section is for items that were submitted by a citizen or group of Citizens no later than the Wednesday 2 weeks prior to the meeting to the Clerk's
office for approval. These items will be scheduled under the section titles Presentations and Reports. Supporting documents must be submitted at this time to be on the
regular agenda. All Action Items are for staff and elected officials only and must be submitted for approval no later than the Wednesday 10 days prior to the meeting.
Those not listed on the regular agenda who wish to address the council should fill out a yellow card. The card must be submitted to the City Clerk. Speaking time
should be three minutes or less, large groups may designate a spokesperson. All remarks should be addressed to the Council as a whole and not to individual members.
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 Girard, City Clerk at cityclerk@cityofcrestview.org or 850-
628-1560 option2 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 63
CITY OF CRESTVIEW Item # 2.1.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Jerry Whitten, Mayor
DATE: 2/2/2024
SUBJECT: Pastor Stallworth of Evelenar Baptist 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 63
Attachments
None
Page 4 of 63
CITY OF CRESTVIEW Item # 5.1.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Jerry Whitten, Mayor
DATE: 3/21/2024
SUBJECT: Child Abuse Awareness Month Proclamation
BACKGROUND:
Councilmember Cynthia Brown will present a proclamation declaring April National Child Abuse Awareness
and Prevention Month.
DISCUSSION:
N/A
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
n/a
Page 5 of 63
Attachments
1. National Child Abuse and Prevention Month 2024
Page 6 of 63
A Proclamation
Child Abuse Awareness and Prevention Month
WHEREAS every month, one out of seven children in the U.S. has experienced
physical and sexual abuse and
WHEREAS Incidents of child abuse and neglect are growing in our country, state,
county, and city. Every day, five children across this nation die due to abuse at the
hands of caregivers and
WHEREAS We must work together as a community to increase awareness about
child abuse and how we can prevent it because prevention remains the best defense
for our children and
WHEREAS It's so important that we speak up and report any abuse that we witness.
We should work together to find solutions and resources to prevent neglect and
ensure that every child is cared for and protected and
WHEREAS April is Child Abuse Prevention Month. Its goal is threefold: to raise
awareness about child abuse and neglect, redirect resources towards protecting
children and families, and encourage community involvement and
WHEREAS In 1982, Congress designated June 6th-12th as the first National Child
Abuse Prevention Week and
WHEREAS In the United States, National Child Abuse Prevention Month, also called
Child Abuse Prevention Month, is observed every year in April. The event is aimed at
increasing awareness and preventing child abuse. This observance has been
recognized as Child Abuse Prevention Month in the United States since 1983 and
NOW, THEREFORE, I, Cynthia Brown, Councilwoman, call upon your support to help
me raise awareness and prevent child abuse. I urge everyone to speak out if they
notice any signs of abuse and report it to the proper authorities. As we are
responsible for guiding children towards a better future, it is crucial to protect them
from harm. Therefore, I would like to continue the tradition of declaring April as
National Child Abuse Awareness and Prevention Month.
Cynthia Brown, Councilwoman Date
Page 7 of 63
CITY OF CRESTVIEW Item # 5.2.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Jerry Whitten, Mayor
DATE: 3/21/2024
SUBJECT: American Red Cross Life Saving Award Proclamation
BACKGROUND:
Terri Jenkins, Samantha Youngren, Maxine Hepper, Scott Oster, Lizette Harvey, and Lucinda Johnson are
attending in support of Amber Colette, who will receive a life-saving award from the Red Cross for her life-
saving skills.
DISCUSSION:
Amber Colette is going to be awarded a life-saving honor for her courageous actions.
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
Page 8 of 63
No action required.
Attachments
1. American Red Cross signed 2024
Page 9 of 63
Page 10 of 63
CITY OF CRESTVIEW Item # 5.3.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 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: 3/21/2024
SUBJECT: Friends of the Library
BACKGROUND:
Paul Farnsworth of the Friends of the Library will report on the book sale and the request to use the Community
Center for future sales.
DISCUSSION:
Mr. Farnsworth, the President of the Friends of the Library group, is asking the Council to determine if they can
use the Community Center without any charge for a book sale. The book sale will benefit our City Library and
the Friends of the Library.
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
He is requesting that the fee of $350.00 be waived.
Page 11 of 63
RECOMMENDED ACTION
Staff respectfully requests Council input on partnering with the Friends of the Library on future book sales at
no cost.
Attachments
None
Page 12 of 63
CITY OF CRESTVIEW Item # 6.1.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Carlos Jones, Assistant Director
DATE: 3/21/2024
SUBJECT: Approval of Easement Granted by Okaloosa County School Board
BACKGROUND:
The Okaloosa County School Board is having a new K-8 School constructed. At a meeting held February 26th,
2024, approval was granted to provide the City of Crestview an Easement for the water tank site and twenty
foot (20') wide ingress and egress for the property where the school is to be located. (see attachment)
DISCUSSION:
Due to the necessity of the new K-8 school that will benefit our city, we require the Easement for the water tank
site and the twenty foot wide (20') ingress and egress.
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 the 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
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
There is no current financial impact that this will cause, as the easement is required to access the property.
RECOMMENDED ACTION
Page 13 of 63
Staff respectfully requests the approval for the Easement granted by the Okaloosa County School Board for the
Water Tower Site.
Attachments
1. Water Tank Site Easement
Page 14 of 63
Page 15 of 63
Page 16 of 63
Page 17 of 63
Page 18 of 63
Page 19 of 63
CITY OF CRESTVIEW Item # 6.2.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 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: 3/21/2024
SUBJECT: Planning and Development Board Appointments
BACKGROUND:
Following recent discussions and code amendments regarding various boards and committees in the City, staff
has been working to ensure incoming applicants are considered for positions on each of the boards. The
Affordable Housing Advisory Committee appointments were made previously, by Resolution, per the
applicable statute. This item is regarding appointment of Planning Board members, and their resulting terms.
DISCUSSION:
Following the adoption of our new Planning and Development Board standards, member's terms shall not
automatically renew and the length of certain terms have changed according to the order in which appointed to
provide for staggered terms. Following the adoption of those amendments, staff opened up our online
application system for interested persons to apply. Out of the 3 applications received, staff received a response
from 1, and they have been included in this appointment as an alternate.
The overall appointments are as follows:
Board Member Type Seat Number Name Term
Core Member 1 Michael Roy 4/1/24-4/1/26
Core Member 2 Mario Werth 4/1/24-4/1/26
Core Member 3 Bryan Follmar 4/1/24-4/1/27
Core Member 4 Shannon Hayes 4/1/24-4/1/27
Core Member 5 Brandon Frost 4/1/24-4/1/27
Alternate Member 1 Larry Medlock 4/1/24 - 4/1/26
Alternate Member 2 Joseph Warren 4/1/24 - 4/1/27
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
Page 20 of 63
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
There is no financial impact expected as a result of the adoption of this item.
RECOMMENDED ACTION
Staff respectfully requests a motion to approve the Planning and Development Board Appointments.
Attachments
None
Page 21 of 63
CITY OF CRESTVIEW Item # 6.3.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Carlos Jones, Assistant Director
DATE: 3/21/2024
SUBJECT: Approval of Amendment 9 – Operations Management International
BACKGROUND:
The Operations and Maintenance Division of Jacobs Engineering Group, Inc. manages the City's WasteWater
Treatment Plant (WWTP). The attached amendment is for the fiscal year from October 1, 2023, to September
30, 2024. This is the final annual renewal of their current contract.
DISCUSSION:
The attached Amendment #9, as a subsequent part of the approved contract, allows for consideration of an
annual increase in labor cost and consumable operating expense relevant to the needs of the facility. The
contract also allows for consideration of an annual adjustment of the contract fee, based upon blended EC1/CPI
numbers or a default of 2% of the base contract fee or whichever is greater.
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 22 of 63
The original contract amount was included in the 2023-2024 fiscal year budget. The amendment increase of
$215,391.43 will be paid from Sewer & Water Improvement accounts.
RECOMMENDED ACTION
Staff respectfully requests a motion to approve Amendment No. 9 of the WWTP Operations & Maintenance
Contract with Jacobs Engineering Group, Inc.
Attachments
1. Amendment No. 9 Operations Management International
Page 23 of 63
Page 24 of 63
Page 25 of 63
Page 26 of 63
Page 27 of 63
CITY OF CRESTVIEW Item # 6.4.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Maryanne Girard, City Clerk
DATE: 3/13/2024
SUBJECT: Approval of City Council Regular Meeting Minutes of March 11, 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 March 11, 2024.
Page 28 of 63
Attachments
1. 03112024 City Council Regular Meeting Minutes Draft
Page 29 of 63
City Council Minutes DRAFT
March 11, 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 JB
Whitten. Board members present: Mayor Pro-Tem Andrew Rencich, Council members: Doug Capps,
Cynthia Brown, and Ryan Bullard. Also present: City Manager Tim Bolduc, City Clerk Maryanne
Girard, City Attorney Jonathan Holloway, and various staff members. Councilmember Joe Blocker was
excused.
2. Invocation, Pledge of Allegiance
2.1. Mr. Eric Struxness of The Shepherd's Church
The Invocation and Pledge of Allegiance was led by Mr. Eric Struxness of The Shepherd's Church.
3. Open Policy Making and Legislative Session
Mayor JB Whitten mentioned a quorum had been met and went over the rules and procedures.
4. Approve Agenda
Mayor JB Whitten called for action.
Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Cynthia Brown to
approve the agenda, as presented.
Roll Call: Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried.
5. Presentations and Reports
6. Consent Agenda
Mayor JB Whitten called for action.
Motion by Councilmember Cynthia Brown and seconded by Councilmember Ryan Bullard to approve
the Consent Agenda, as presented.
Roll Call: Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried.
6.1. Approval of City Council Regular Meeting Minutes of February 26, 2024
7. Public Hearings / Ordinances on Second Reading
8. Ordinances on First Reading
8.1. Ordinance 1965 - Noise Ordinance Amendments
City Manager Tim Bolduc presented Ordinance 1965, Noise Amendments, which is a revision of
our current noise ordinance. He then asked the City Clerk to read Ordinance 1965 by Title.
City Clerk Maryanne Girard read Ordinance 1965 aloud: An Ordinance Amending Noise
Regulations Within the City of Crestview; Providing For Amendment of Section 30-1 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.
Page 30 of 63
City Manager Tim Bolduc went over the construction activity work hours and electronic
amplifications and zoning issues, as well as single-family residential activity. He mentioned the golf
course sound issue. The time set in the ordinance is from 11 p.m. to 7:00 a.m.
Mayor JB Whitten called for comment from the Council.
Discussion ensued on the need to add Sunday with the growth in the city and adding residential and
commercial exemptions. Council concurred on construction activities and use of construction
equipment on any given property that creates noise that is heard from any single family residential
property between sunrise and sunset every day of the week.
For clarification, City Manager T. Bolduc suggested amending the ordinance with the following
exceptions: Allow for construction to occur on commercial sites seven days a week from sunrise to
sunset and six days a week when adjacent to residential properties. Those activities conducted by
homeowners or tenants of single-family residences for personal, non-commercial purposes may take
place on Sunday.
Mayor JB Whitten called for comment from the public. In hearing none, he called for action.
Motion was made by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Ryan
Bullard to approve Ordinance 1965 on 1st reading, as amended, and move to second reading for
final adoption.
Roll Call: Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried.
9. Resolutions
10. Action Items
11. City Clerk Report
City Clerk M. Girard mentioned that the NWFLC dinner is scheduled for May 3rd in Panama City Beach
and informed the Council that she would register them by the 5th of April.
12. City Manager Report
12.1. Smoking in City Parks
City Manager T. Bolduc introduced a proposed ordinance addressing a no-smoking policy for our
parks. He stated it is to address Twin Hills Park smoking except for designated areas, which follows
State Statute, which exempts restrictions on cigars.
Mayor JB Whitten called for comment from the Council.
Discussion ensued on smoking in designated areas, the ban for all parks, and having a plan to map
out the designated areas.
The consensus from the City Council was to move the ordinance to first reading at the next meeting
and for staff to prepare a map that would display the designated smoking areas proposed for Twin
Hills Park.
12.2. Monthly Department Report - Parks and Recreation
Parks and Recreation Director Brady Peters went over his report. He mentioned a grand opening for
the baseball/softball season is scheduled for April 6th at the High School stadium. He added six out
of seven leagues have been sponsored with over $13,000 in donations, as well as a donation of a
Page 31 of 63
scoreboard. He added the splash pad should be done in April, and the playground will be finished in
August. He added a WWII reenactment is scheduled April 5-7 at Spanish Hills.
Councilmember C. Brown said she went to the Bush House History Walk stating it was a good
experience. She added the Evening at the Museum is coming up soon. She mentioned the
scoreboard should have a dedication to honor the person who donated it.
Councilmember R. Bullard requested the Chamber assist in getting the word out for the league
sponsorships.
Mayor JB Whitten said the “Touch a Truck” event was well received.
City Manager T. Bolduc said Brady has acquired two additional scoreboards that were donated for
Spanish Trail. He added Brady raised $20,000 for the scoreboards.
City Manager T. Bolduc added Ms. Brittany Young, Walker Elementary, is present to receive a
donation of a surplus 180 chairs. He said our disposal policy allows for a donation to the school.
Motion by Councilmember Ryan Bullard and seconded by Councilmember Doug Capps to approve
the donation of 180 chairs to Walker Elementary School.
Roll Call: Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried.
City Manager T. Bolduc mentioned we have outgrown the Animal Control Facility. He displayed a
new area to place the Animal Control Facility which will allow us to consolidate. The building has a
sallyport, a running field for the animals, and an area to house a vet, as a long term option. He
advised that he has received an offer of $100,000 to donate to the facility, but they asked for the
naming rights on the building. He added it will take $350,000 for the remodel.
Discussion ensued on the overall plan for the facility, the travel time between Laurel Hill and the
Crestview facility, and City Manager T. Bolduc replied that it will be a ten to twenty-year facility,
so it will not go with the new PW facility. He added the building is in a commercial-central property
across the street from Publix off of Industrial. This is our best interest to have a unified control of
animal services. The Council agreed to a consensus for the city manager to continue with
negotiations.
City Manager T. Bolduc said this Thursday a neighborhood pre-construction meeting is scheduled
for Foxwood for the wastewater. He added the only project that has made it at the State is the
Redstone project for $312,000.
City Manager T. Bolduc also mentioned the Mobility Plan and Mobility Fee for Crestview that will
produce the traffic impact study. He received a Scope of Services from the company who did the
study for the County. The fee is between $126,000 and $140,000.
Discussion ensued on negotiations and the budget. City Manager T. Bolduc mentioned he has
negotiated the terms to $80,000 adding it is a piggyback contract. He added a copy is in the staff
report.
Motion by Councilmember Doug Capps and seconded by Councilmember Ryan Bullard to waive
the purchasing policy to allow to enter into a contract with the same contractor the County used and
negotiate the fees to pursue the project.
Roll Call: Cynthia Brown, Andrew Rencich, Doug Capps, Ryan Bullard. All ayes. Motion carried.
Page 32 of 63
13. Comments from the Mayor and Council
Mayor JB Whitten called for comment from the Council.
Councilmember D. Capps mentioned the Hometown Hero ceremony is Tuesday. Mayor Whitten
requested that Mr. Capps represent the city.
Mayor Pro-Tem A. Rencich announced the Main Street groundbreaking was today. He added the 3rd
Annual Fireman banquet was a great event.
Mayor Whitten mentioned an opening at 2 p.m. on Friday for another Habitat for Humanity house.
14. Comments from the Audience
Mayor JB Whitten called for comment from the public.
Thomas Bradley came forward with his concern about a councilmember's conduct of business. He said he
spoke to Maryanne Schrader about a problem with the library, and she mentioned that he call Ms. Brown.
He mentioned he was not happy with Ms. Brown’s response adding no one spoke to his witnesses.
Councilmember Brown said she spoke to Mr. Bradley and stated that once it came under the control of
the city manager, she informed him that the city manager would be able to handle it.
Shannon Hayes came forward and thanked Mayor Whitten for attending his uncle's funeral, who was one
of the oldest Crestview citizens.
15. Adjournment
Mayor JB Whitten adjourned the meeting at 6:50 p.m.
Minutes approved this __ day of __, 2024.
_____________________________________
JB Whitten
Mayor
______________________________________
Maryanne Girard
City Clerk
Proper Notice having been duly given
Page 33 of 63
CITY OF CRESTVIEW Item # 7.1.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 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: 3/21/2024
SUBJECT: Ordinance 1965 - Noise Ordinance Amendments
BACKGROUND:
Over the last few years, a number of situations have arisen regarding both construction-related and
electronically amplified noises. Throughout those situations, staff has been considering a number of changes to
the City noise regulations that would better fit the current opinion of the Council and also be more easily
understandable and enforceable by staff.
DISCUSSION:
The attached ordinance amends our current noise regulations in various ways. Overall, it consolidates and
simplifies a number of similar categories ('Construction activities' and 'Construction equipment', as well as
'radios, phonographs and similar devices' and 'Electronic Sound Amplification'), while providing simpler but
more decisive standards for the consolidated noise categories.
Construction noise is only permitted to take place between sunrise and sunset, Monday through Saturday, with
no additional staff interpretation or determination allowed or required. It does provide an exception for
construction activities conducted by homeowners and tenants of single-family residences for personal, non-
commercial purposes to take place on Sunday, as well as an exception for emergency utility or infrastructure-
related repairs to take place whenever necessary.
Electronic sound amplification is clarified to mean any machine or device used to amplify the human voice,
music or other sound, and is simplified to prohibit the production of a sound heard more than 50 feet from the
containing structure from 11 p.m. to 7 a.m., except when conducted in conjunction with a permitted special
event.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Page 34 of 63
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
There is no expected financial impact upon the City resulting from the proposed ordinance.
RECOMMENDED ACTION
Staff respectfully requests a motion to adopt Ordinance 1965 on second reading.
Attachments
1. Ordinance 1965 - Amending Section 30-1 - Regulation of Noise
Page 35 of 63
ORDINANCE: 1965
AN ORDINANCE AMENDING NOISE
REGULATIONS WITHIN THE CITY OF
CRESTVIEW; PROVIDING FOR
AMENDMENT OF SECTION 30-1 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 30-1 OF THE CODE OF ORDINANCES.
Sec. 30-1. Regulation of noise—Generally.
(a) It shall be unlawful for any person to willfully make, continue or cause to be made
or continued any loud and raucous noise, which term shall mean any sound which,
because of its volume level, duration and character, annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of reasonable persons of
ordinary sensibilities within the limits of the city.
(b) The following acts, among others, are declared to be loud and raucous noises in
violation of this section, which enumeration shall not be deemed to be exclusive:
(1) Horns and signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on a street or public place
of the city, except as a danger warning; the creation by means of any such
signaling device of any unreasonably loud or harsh sound; the sounding of
any such device for an unnecessary and unreasonable period of time; the
use of any signaling device except one operated by hand or electricity; the
use of any horn, whistle or other device operated by engine exhaust; and
the use of any such signaling device when traffic is for any reason held up.
The use of sirens, except by authorized emergency vehicles, is prohibited.
(2) Radios, phonographs and similar devices.
The using, operating or permitting to be played, used or operated any radio receiving set, television set, boom
box set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound
in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with
louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber
in which the machine or device is operated and who are voluntary listeners thereto. The operation of any device
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet
from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this
subsection.
(32) Loud vocal noises. Vocal noises made in a loud and raucous manner between the
hours of 11:00 p.m. and 7:00 a.m., so as to annoy or disturb the quiet, comfort
Page 36 of 63
or repose of persons in any office or other place of business, or in any dwelling,
hotel or other type of residence.
(43) Construction activities and construction equipment.or repairing of buildings. The
erection, including excavation, demolition, alteration or repair,Construction
activities and use of any construction equipment on any given property that
creates noise that is not perceivable from any single-family residential property
may take place between sunrise and sunset every day of the week. Construction
activities and use of any construction equipment of any building on
any given property that creates noise perceivable from any adjacent single-
family residential property may only take place between sunrise and sunset on
weekdays and Saturday with the following exceptions:
a. Those activities conducted by homeowners or tenants of single-
family residences for personal, non-commercial purposes may take
place on Sunday.
b. Emergency utility or infrastructure-related repairs may take place
on any day or at any time as necessary to make the needed repairs.
other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays,
except in the case of urgent necessity in the interest of the public health and
safety, and then only with a permit from the building inspector should he
determine that the public health and safety will not be impaired by the
erection, demolition, alteration or repair of any building or the excavation
of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if
he shall further determine that loss or inconvenience would result to any
party in interest, he may grant permission for such work to be done within
the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the
time the permit for the work is awarded or during the progress of the work.
(54) Schools, courts, churches, hospitals, medical facilities. The creation of any
excessive noise on any street adjacent to any school, institution of learning,
medical facility, church or court, while the same is in use, or adjacent to any
hospital, which unreasonably interferes with the workings of the institution or
which disturbs or unduly annoys patients in a hospital; provided, that
conspicuous signs are displayed in such streets indicating that such street is a
school, medical facility, hospital, or court street.
(6) Construction equipment. The operation between the hours of 6:00 p.m. and
7:00 a.m. and at any time on Sundays of any pile driver, steam or power
shovel, pneumatic hammer, derrick, steam or electric hoist or other
appliance, the use of which is attended by loud or unusual noise.
(57) Electronic sound amplification. The use of electronic sound amplification
equipment in such a manner as to produce a sound which is capable of being
heard at a point in excess of 50 feet from the building, structure, or
vehicle containing said equipment source thereof between the hours of 11:00
p.m. and 7:00 a.m. is prohibited in the following zones: agriculture district, one
(single) family district, multiple-family district and commercial district.except
when such use is conducted in conjunction with a permitted special event.
“Electronic sound amplification equipment” means any machine or device used
for the amplification of the human voice, music or any other sound.
Page 37 of 63
(c) The provisions of subsections (b)(1) through (75) are intended to be construed to
secure for the people freedom from unwanted loud and raucous noise as described in
this section without violating any of the rights secured by the Constitution to the people,
and are not intended, nor shall they be construed, to regulate the usual and customary
noise incidental to urban life.
SECTION 2 – AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida Statutes
and Section 2 of the City Charter, and the City of Crestview Land Development Code.
SECTION 3 – 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 4 – 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 5 – 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 6 – 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 7 – 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 25th day of March 2024.
Approved by me this 25th day of March 2024.
______________________________________
J. B. Whitten, Mayor
ATTEST:
_____________________________________
Maryanne Girard, City Clerk
Page 38 of 63
ORDINANCE NO. 1965
AN ORDINANCE AMENDING NOISE REGULATIONS
WITHIN THE CITY OF CRESTVIEW; PROVIDING FOR
AMENDMENT OF SECTION 30-1 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 30-1 OF THE CODE OF ORDINANCES.
Sec. 30-1. Regulation of noise—Generally.
(a) It shall be unlawful for any person to willfully make, continue or
cause to be made or continued any loud and raucous noise, which
term shall mean any sound which, because of its volume level,
duration and character, annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of reasonable persons of
ordinary sensibilities within the limits of the city.
(b) The following acts, among others, are declared to be loud and
raucous noises in violation of this section, which enumeration shall
not be deemed to be exclusive:
(1)Horns and signaling devices. The sounding of any horn or
signaling device on any automobile, motorcycle or other
vehicle on a street or public place of the city, except as a
danger warning; the creation by means of any such signaling
device of any unreasonably loud or harsh sound; the
sounding of any such device for an unnecessary and
unreasonable period of time; the use of any signaling device
except one operated by hand or electricity; the use of any
horn, whistle or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for
any reason held up. The use of sirens, except by authorized
emergency vehicles, is prohibited.
(2)Radios, phonographs and similar devices. The using,
operating or permitting to be played, used or operated any
radio receiving set, television set, boom box set, musical
instrument, phonograph or other machine or device for the
Page 39 of 63
producing or reproducing of sound in such a manner as to
disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is
necessary for convenient hearing for the persons who are in
the room, vehicle or chamber in which the machine or device
is operated and who are voluntary listeners thereto. The
operation of any device between the hours of 11:00 p.m. and
7:00 a.m. in such a manner as to be plainly audible at a
distance of 50 feet from the building, structure or vehicle in
which it is located shall be prima facie evidence of a
violation of this subsection.
(32)Loud vocal noises. Vocal noises made in a loud and raucous
manner between the hours of 11:00 p.m. and 7:00 a.m., so as
to annoy or disturb the quiet, comfort or repose of persons in
any office or other place of business, or in any dwelling,
hotel or other type of residence.
(43)Construction activities and construction equipment.or
repairing of buildings. The erection, including excavation,
demolition, alteration or repair,Construction activities and
use of any construction equipment on any given property
that creates noise that is not perceivable from any single-
family residential property may take place between sunrise
and sunset every day of the week. Construction activities and
use of any construction equipment of any building on any
given property that creates noise perceivable from any
adjacent single-family residential property may only take
place between sunrise and sunset on weekdays and Saturday
with the following exceptions:
a. Those activities conducted by homeowners or
tenants of single-family residences for personal, non-
commercial purposes may take place on Sunday.
b. Emergency utility or infrastructure-related repairs
may take place on any day or at any time as necessary
to make the needed repairs.
other than between the hours of 7:00 a.m. and 6:00 p.m. on
weekdays, except in the case of urgent necessity in the
interest of the public health and safety, and then only with a
permit from the building inspector should he determine that
the public health and safety will not be impaired by the
erection, demolition, alteration or repair of any building or
Page 40 of 63
the excavation of streets and highways within the hours of
6:00 p.m. and 7:00 a.m., and if he shall further determine that
loss or inconvenience would result to any party in interest,
he may grant permission for such work to be done within the
hours of 6:00 p.m. and 7:00 a.m., upon application being
made at the time the permit for the work is awarded or during
the progress of the work.
(54)Schools, courts, churches, hospitals, medical facilities. The
creation of any excessive noise on any street adjacent to any
school, institution of learning, medical facility, church or
court, while the same is in use, or adjacent to any hospital,
which unreasonably interferes with the workings of the
institution or which disturbs or unduly annoys patients in a
hospital; provided, that conspicuous signs are displayed in
such streets indicating that such street is a school, medical
facility, hospital, or court street.
(6)Construction equipment. The operation between the hours of
6:00 p.m. and 7:00 a.m. and at any time on Sundays of any
pile driver, steam or power shovel, pneumatic hammer,
derrick, steam or electric hoist or other appliance, the use of
which is attended by loud or unusual noise.
(57)Electronic sound amplification. The use of electronic sound
amplification equipment in such a manner as to produce a
sound which is capable of being heard at a point in excess of
50 feet from the building, structure, or vehicle containing
said equipment source thereof between the hours of 11:00
p.m. and 7:00 a.m. is prohibited in the following zones:
agriculture district, one (single) family district, multiple-
family district and commercial district.except when such use
is conducted in conjunction with a permitted special event.
“Electronic sound amplification equipment” means any
machine or device used for the amplification of the human
voice, music or any other sound.
(c) The provisions of subsections (b)(1) through (75) are intended to be
construed to secure for the people freedom from unwanted loud and
raucous noise as described in this section without violating any of
the rights secured by the Constitution to the people, and are not
intended, nor shall they be construed, to regulate the usual and
customary noise incidental to urban life.
Page 41 of 63
SECTION 2 – AUTHORITY. The authority for enactment of this ordinance is section 166.021,
Florida Statutes and Section 2 of the City Charter, and the City of Crestview Land Development
Code.
SECTION 3 – 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 4 – 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 5 – 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 6 – 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 7 – 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 25th day
of March 2024.
ATTEST:
_____________________________________
Maryanne Girard
City Clerk
Approved by me this 25th day of March, 2024.
______________________________________
J. B. Whitten
Mayor
Page 42 of 63
CITY OF CRESTVIEW Item # 8.1.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: 1st reading no PDB
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Tim Bolduc, City Manager
DATE: 3/21/2024
SUBJECT: Ordinance 1966 - Smoking in Twin Hills Park
BACKGROUND:
HB 105 was approved by Governor DeSantis on June 24, 2022, allowing counties and municipalities to restrict
smoking within parks that they own, or parks within a municipal jurisdiction that are owned by the County,
where there is no conflict with a county ordinance. Previously, smoking restrictions were entirely preempted to
the State. This change in Chapter 386.209 of the Florida Statute does not allow municipalities or counties to
further restrict the smoking of unfiltered cigars.
DISCUSSION:
An ordinance was previously considered by the City Council to ban smoking within all parks within the City,
pursuant to the change in statute. At that time, the Council decided not to move forward with the ordinance as it
was written. Upon further consideration, staff has drafted an ordinance that proposes to ban smoking within
Twin Hills Park, providing for designated smoking areas within the park, and to be posted by the City.
A preliminary exhibit designating smoking areas in the park has been provided for discussion or approval.
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
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
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
There is no expected financial impact upon the City resulting from the proposed ordinance.
RECOMMENDED ACTION
Staff requests a motion to approve Ordinance 1966 on 1st Reading and move to 2nd Reading for final
adoption.
Page 43 of 63
Attachments
1. Ordinance 1966 - Smoking in Twin Hills Park
2. Twin Hills - Designated Smoking Areas
Page 44 of 63
ORDINANCE: 1966
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
PROVIDING FOR AUTHORITY; PROVIDING FOR AMENDING
CHAPTER 58 OF THE CODE OF ORDINANCES TO PROHIBIT
SMOKING WITHIN TWIN HILLS PARK AS AUTHORIZED BY
CHAPTER 386.209 OF THE FLORIDA STATUTES; PROVIDING FOR
FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT
COURT OF OKALOOSA COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS;
PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, Chapter 386.209 of the Florida Statutes formerly preempted the regulation of smoking to
the State of Florida; and
WHEREAS, Citizens that currently utilize outdoor recreational facilities within the City limits are subject
to unhealthy secondhand smoke from inconsiderate smokers; and
WHEREAS, a report by the United States Department of Health and Human Services, Surgeon General
states that tobacco smoke contains over 7,000 chemicals, including hundreds that are toxic and up to 69 that are
known to cause cancer, and exposure to secondhand smoke can cause numerous health problems and has been
linked to cancer and other fatal diseases; and
WHEREAS, the staff analysis published for House Bill (HB) 105 references studies from United Health
Foundation, America’s Health Rankings, the Centers for Disease Control and Prevention, and others regarding
the impact that smoking has on the health of citizens; and
WHEREAS, the Center of Disease Control states secondhand smoke is generally defined as smoke from
burning tobacco products or smoke that is exhaled by a tobacco smoker; and
WHEREAS, the as reports referenced in the staff analysis for HB 105 further states that exposure to
secondhand smoke can cause health problems and has been causally linked to cancer and other fatal diseases.
Studies suggest that secondhand smoke in crowded outdoor areas can cause concentrations of air contaminants
comparable to those caused by indoor smoking; and
WHEREAS, state law prior to FY 2022-2023 prohibited cities and counties from establishing reasonable
smoke-free zones or designated smoking areas so that citizens can enjoy recreational facilities without
encountering dangerous secondhand smoke; and
WHEREAS, HB 105, as amended, passed the Florida Legislature on March 2, 2022, and was adopted by
the Governor on June 24, 2022, becoming effective on July 1, 2022; and
WHEREAS, the City Council determines a public health and safety need to prohibit smoking within
certain areas within certain City parks.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
Page 45 of 63
SECTION 1 - AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida
Statutes, Section 386.209 of the Florida Statutes, and Section 2 of the City Charter.
SECTION 2 – AMENDMENT OF CODE OF ORDINANCES SECTION 58-1 – USE
REGULATIONS. Section 58-1 of the City of Crestview shall be amended as follows:
(18) Smoking in Twin Hills Park Prohibited. Smoking and/or the use of vapor-generating devices
within the boundaries of Twin Hills Park is prohibited as authorized by Chapter 386.209, F.S.,
except for designated smoking areas posted by the City. Unfiltered cigars are exempt from this
provision.
SECTION 3 – FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk
of Circuit Court of Okaloosa County and with the Florida Department of the State.
SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the
application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect
the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 5 - SCIVENER'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 __ day of
_________________, 2024.
Approved by me this __ day of ________________, 2024.
______________________________________
J. B. Whitten
Mayor
ATTEST:
_____________________________________
Page 46 of 63
Maryanne Girard
City Clerk
Page 47 of 63
ORDINANCE 1966
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
PROVIDING FOR AUTHORITY; PROVIDING FOR AMENDING
CHAPTER 58 OF THE CODE OF ORDINANCES TO PROHIBIT
SMOKING WITHIN TWIN HILLS PARK AS AUTHORIZED BY
CHAPTER 386.209 OF THE FLORIDA STATUTES; PROVIDING FOR
FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT
COURT OF OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL
INTERPRETATION; PROVIDING FOR REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 386.209 of the Florida Statutes formerly preempted the regulation
of smoking to the State of Florida; and
WHEREAS, Citizens that currently utilize outdoor recreational facilities within the City
limits are subject to unhealthy secondhand smoke from inconsiderate smokers; and
WHEREAS, a report by the United States Department of Health and Human Services,
Surgeon General states that tobacco smoke contains over 7,000 chemicals, including hundreds that
are toxic and up to 69 that are known to cause cancer, and exposure to secondhand smoke can
cause numerous health problems and has been linked to cancer and other fatal diseases; and
WHEREAS, the staff analysis published for House Bill (HB) 105 references studies from
United Health Foundation, America’s Health Rankings, the Centers for Disease Control and
Prevention, and others regarding the impact that smoking has on the health of citizens; and
WHEREAS, the Center of Disease Control states secondhand smoke is generally defined
as smoke from burning tobacco products or smoke that is exhaled by a tobacco smoker; and
WHEREAS, the as reports referenced in the staff analysis for HB 105 further states that
exposure to secondhand smoke can cause health problems and has been causally linked to cancer
and other fatal diseases. Studies suggest that secondhand smoke in crowded outdoor areas can
cause concentrations of air contaminants comparable to those caused by indoor smoking; and
WHEREAS, state law prior to FY 2022-2023 prohibited cities and counties from
establishing reasonable smoke-free zones or designated smoking areas so that citizens can enjoy
recreational facilities without encountering dangerous secondhand smoke; and
WHEREAS, HB 105, as amended, passed the Florida Legislature on March 2, 2022, and
was adopted by the Governor on June 24, 2022, becoming effective on July 1, 2022; and
Page 48 of 63
WHEREAS, the City Council determines a public health and safety need to prohibit
smoking within certain areas within certain City parks.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS
FOLLOWS:
SECTION 1 - AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021,
Florida Statutes, Section 386.209 of the Florida Statutes, and Section 2 of the City Charter.
SECTION 2 – AMENDMENT OF CODE OF ORDINANCES SECTION 58-1 – USE
REGULATIONS. Section 58-1 of the City of Crestview shall be amended as follows:
(18) Smoking in Twin Hills Park Prohibited. Smoking and/or the use of vapor-
generating devices within the boundaries of Twin Hills Park is prohibited as
authorized by Chapter 386.209, F.S., except for designated smoking areas posted
by the City. Unfiltered cigars are exempt from this provision.
SECTION 3 – FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance
with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State.
SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such finding shall not affect the other provisions or applications of this ordinance
which can be given effect without the invalid or unconstitutional provision or application, and to
this end the provisions of this ordinance are declared severable.
SECTION 5 - SCIVENER'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 __ day of
_________________, 2024.
Approved by me this __ day of ________________, 2024.
Page 49 of 63
______________________________________
J. B. Whitten
Mayor
ATTEST:
_____________________________________
Maryanne Girard
City Clerk
Page 50 of 63
Twin Hills ParkDesignated Smoking Areas
Page 51 of 63
CITY OF CRESTVIEW Item # 10.1.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Nicholas Schwendt, CDS Planning Administrator, Barry Henderson, Development Services
Director
DATE: 3/21/2024
SUBJECT: Memorandum of Understanding- Murphy Oil Traffic Mitigation
BACKGROUND:
Staff received the initial application submittal for the Murphy Oil project, a gas station and convenience store,
at 3702 South Ferdon Boulevard, on November 15, 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 Murphy Oil 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 $65,700.00 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.
Mobility – Provide safe, efficient and accessible means for mobility.
Page 52 of 63
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. Memorandum of Understanding - Murphy Oil
Page 53 of 63
MEMORANDUM OF UNDERSTANDING
March 13, 2024
Subject: Murphy USA at 3702 S. Ferdon Blvd
City of Crestview, Florida & Murphy USA
Based upon the City of Crestview Engineering Standards Manual Chapter 5.1, this Memorandum
of Understanding is in reference to the proposed Murphy USA at 3702 S. Ferdon Blvd. (the
Development) and has been provided with the following acknowledgements:
• The Development generates significant traffic capacity impacts to the surrounding
roadway network and no offsite roadway improvements are proposed as part of the
Development.
• The City of Crestview is constructing offsite roadway improvements to mitigate traffic
impacts.
• The developer shall participate in cost not to exceed the total amount of $65,700 to be
held in escrow by the City of Crestview for these proposed improvements. This cost was
determined by an established per trip cost based on 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.
City of Crestview Murphy USA
___________________________ ___________________________
BY: J.B. Whitten, Mayor BY: John Goetz
_________________________________
Maryanne Schrader, City Clerk
Sr. Development Project Manager
870-814-4106
Page 54 of 63
CITY OF CRESTVIEW Item # 10.2.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Gina Toussaint, Finance Director
DATE: 3/21/2024
SUBJECT: Senior Center Improvements
BACKGROUND:
The Senior Center was originally built in 1995 and has never undergone any improvements. Currently, the
entrance to the restrooms is outdoors, requiring senior citizens to walk outside to utilize the restrooms. In the
past, the space between the two restrooms served as a concession stand, but is no longer in use.
DISCUSSION:
Staff has received the attached quote to demo and remodel the existing restrooms, including flooring, fixtures,
and an interior entrance, as well as making the restrooms ADA compliant. Additionally, the quote includes the
cost of the work to convert the space between the two restrooms previously used for concessions into a
kitchenette. The amount of the quote for the described improvements is $69,860.00. The quote does not
provide for appliances, staff suggests a $5,000.00 allowance for appliances in the kitchenette.
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
Page 55 of 63
FINANCIAL IMPACT
The quote for the remodel is $69,860.00 plus an allowance for appliances of $5,000.00, totaling
$74,860.00. Funding is available in the current budget in the General Fund under General & Administrative
(G&A) Land account. It is the staff's recommendation that a budget transfer in the amount of $74,860.00 be
made from G & A Land to G & A Buildings to complete the project.
RECOMMENDED ACTION
Staff respectfully requests a motion to approve a budget transfer in the amount of $74,860 to complete the
remodel of the Senior Center.
Attachments
1. Estimate_1308_from_Kingstruction_Inc
Page 56 of 63
Kingstruction, Inc.
326 Timberline Dr
Crestview, FL 32539 US
+1 6198675240
jeff@kingstructionca.com
Estimate
ADDRESS
City of Crestview
Womens Center
SHIP TO
City of Crestview
ESTIMATE #1308
DATE 03/20/2024
EXPIRATION DATE 04/19/2024
ACTIVITY QTY RATE AMOUNT
Services
- Demo and dispose of sinks,
cabinets, exterior roll up window,
Block from wall and doors
- Cut concrete, form footings, pour
concrete and install split face block at
both entrances of the Women's
center.
- Install split face block in exterior
window area
- Furnish & Install 4 metal doors and
frames
- Install 14lnft of cabinets
- Install granite countertop with sink
- Install Eemax 240-Volt 18-kW 3.5-
GPM Tankless Electric Water Heater
with new electrical circuit
- Install new kitchen sink and
plumbing.
- Cap off old sink
- Paint interior of 2 bathrooms, kitchen
hall areas, walls, ceilings, doors and
floors
- Install 6 grab bars in restrooms
- Install 2 new bathroom fans and new
ceiling lights for bathroom
- Install new bathroom faucets, angle
stops and ptraps
- Install 4 Bradley Toilet Partitions
(Metal) 1 ADA
- Install 2 mirrors in bathroom area
- Install 20 x 8 awning with concrete
supports
1 69,860.00 69,860.00
SUBTOTAL 69,860.00
TAX 0.00
Page 57 of 63
TOTAL $69,860.00
Accepted By Accepted Date
Page 58 of 63
CITY OF CRESTVIEW Item # 11.1.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 2024
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Maryanne Girard, City Clerk
DATE: 3/11/2024
SUBJECT: Monthly Update
BACKGROUND:
The monthly update is provided.
DISCUSSION:
Codification –A draft has been sent to the legal department of CivicPlus for review. A new attorney has been
assigned.
Public Records – For the February 2024 period, we received 89 new requests, with 35 open, 1 day on average
to fulfill all requests, 92 requests were closed, and 3 requests were fulfilled outside the average response time
by the end of the period. The average number of hours to fulfill a request was 5.75 hours at a cost of $58.88 for
staff. We have received $236.00 in payments for the February 2024 reporting period. Community Development
(45) and the Police department (28) received the most requests per department, with the remaining dispersed
between the remaining departments.
Laserfiche –The public records' portal located on the City Clerk page at: https://city-of-crestview-
fl.nextrequest.com/. The portal is utilized to enhance the historical integrity and preservation of our records and
ensure records are accessible on a routine basis, as well as in the event of a disaster. The total number of
additional pages for February 2024 was 143,097.
Training - Maryanne Girard attended a Florida Association of City Clerks' webinar regarding Form 6 and E-
Filing sponsored by Florida State University.
Deputy City Clerk Natasha Peacock attended the International Municipal Clerks Association Region III
conference with leadership pillars of Strategic Planning, Leading Change, Creating a Wellness Team, Laws of
Leadership, Power of Influence, and networking opportunities. See attached FACC Member Highlight.
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
Page 59 of 63
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
n/a
Attachments
1. Natasha Peacock bio
Page 60 of 63
Natasha S. Peacock
Deputy City Clerk
City of Crestview
Member Highlight
Florida Association of City Clerks
Being a member of the FACC has expanded my knowledge about
the City Clerk profession. Attending conferences, networking and
being around others that work in my profession is encouraging to
me.
I have worked in the City Clerk’s Office at the City of Crestview for
the last ten years. I started as the Executive Assistant to the City
Clerk, and then three years ago my title changed to Deputy City
Clerk. This is my first time working for a municipality, and I feel like I
am working for my community. I appreciate assisting our elected of-
ficials, our citizens and my coworkers.
I was born in Miami, but I was a military brat from the age of three.
My father served in the United States Air Force for twenty-three
years, taking us around Europe but landing us at Eglin Air Force
Base in northwest Florida.
I have lived in Crestview with my husband and now two young adult
children for the past twenty-three years. Living in an area and being
a part of its growth is fantastic. You can only help a community grow
when you are part of that community. I am active in my community,
from singing in the church choir to participating in the last three
“Crestview Clean-ups.” I also volunteer my time with the Emerald
Coast Odyssey of the Mind.
In my free time, I attend Barry University and I am working toward
earning my bachelor’s degree in public administration in the spring
of 2025.
Page 61 of 63
CITY OF CRESTVIEW Item # 12.1.
Staff Report
CITY COUNCIL MEETING DATE: March 25, 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: 3/21/2024
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 January Monthly Financial Statements, as well as the February Check
Registers.
Follow this link by clicking on the icon with the arrow for the February Check Register.
Follow this link by clicking on the icon with the arrow for the February Amazon ECheck Register.
Follow this link by clicking on the icon with the arrow for the January Monthly Financial Statement.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Page 62 of 63
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 63 of 63