Our Community is all about Neighbors

Transcription

1 CATHERINE D. ROBINSON MAYOR JOHN ROGERS VICE-MAYOR LARRY WILLIAMS CITY MANAGER COMMISSIONERS: ELBERT TUCKER BILL BAXLEY BONITA ROBINSON Our Community is all about Neighbors BUNNELL CITY COMMISSION MEETING Monday, July 28, 2014 Immediately following the Special Meeting Flagler County Government Services Complex, Bldg. 2, 1769 E. Moody Blvd., Bunnell, FL A. Call the Meeting to Order and Pledge Allegiance to the Flag. Roll Call: Invocation for our Military Troops and National Leaders. B. Introductions, Commendations, Proclamations, and Presentations: C. Consent Agenda: C-1 Approval of Warrant: C-2 Approval of Minutes: a City Commission Special Meeting Minutes b City Commission Workshop Meeting Minutes c City Commission Meeting Minutes D. Public Comments: Comments regarding items not on the Agenda. Citizens are encouraged to speak; however, comments are limited to four (4) minutes. E. Ordinances: (Legislative): E-1. Ordinance : Amending the Bunnell Code of Ordinances Chapter 14 Businesses regarding Rehabilitation Centers and Residential Prison Diversion Programs. Second Reading. E-2. Ordinance : Amending the Bunnell Land Development Code Chapter 22 Site Plan Review and Approval adopting minimum standards of construction. First Reading. F. Resolutions (Legislative): F-1. Resolution : Acknowledging and endorsing the application of the Bunnell Downtown Partnership for participation in the Florida Main Street Program Denise Calderwood. G. Old Business: G-1. Discuss the financial affairs of the City and recommendations by the City Manager-Commissioner Tucker. G-2. Accept USDA Rural Development Grant for two new police vehicles and two vehicle mounted computers Grants Director Judi Stetson. Bunnell City Commission Meeting Agenda Page 1 of 2

2 H. New Business: H-1. Award Roof Repair Contract to lowest qualified bidder-community Development Director Cuthbertson. H-2. Award Build-out Contract of New City Hall Facility to lowest qualified bidder City Engineer Tiblier. H-3. Request approval of network infrastructure for the new City Hall-IT Director Wines H-4. Request approval of a telephone system for the new City Hall-IT Director Wines H-5. Approve the surplus sale of Modular Buildings #3 and other items as noted at 201 West Moody Boulevard-City Manager Williams I. Reports: City Clerk: City Attorney: City Manager: Mayor and City Commissioners: J. Call for Adjournment. This agenda is subject to change without notice. Please see posted copy at Coquina City Hall, Flagler County Government Services Building and our website NOTICE: If any person decides to appeal any decision made by the City Commission or any of its boards, with respect to any matter considered at any meeting of such boards or commission, he or she will need a record of the proceedings, and for this 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 with the appeal is based, Florida Statutes. Any person requiring a special accommodation at this meeting because of a disability or physical impairment should contact the City Clerk at (386) ext. 23. THE CITY OF BUNNELL IS AN EQUAL OPPORTUNITY SERVICE PROVIDER. Posted by City Clerk s office on July 23, 2014 Bunnell City Commission Meeting Agenda Page 2 of 2

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15 CATHERINE D. ROBINSON MAYOR JOHN ROGERS VICE-MAYOR LARRY WILLIAMS CITY MANAGER Our Community is all about Neighbors COMMISSIONERS: JENNY CRAIN-BRADY ELBERT TUCKER BILL BAXLEY BUNNELL CITY COMMISSION WORKSHOP MINUTES FLAGLER COUNTY CHAMBER OF COMMERCE PRESENTATION Monday, July 14, 2014 at 6:30 PM Flagler County Government Services Complex, Bldg. 2, 1769 E. Moody Blvd., Bunnell, FL A. Call the Meeting to Order and Pledge Allegiance to the Flag. Mayor Robinson called the meeting to order at 6:38 pm and led the Pledge of Allegiance to the Flag. B. Roll Call. Present: Mayor Catherine D. Robinson, Vice Mayor John R. Rogers, Commissioner Elbert Tucker, Commissioner Bonita Robinson, City Attorney Wade Vose, City Manager Lawrence Williams and City Clerk Sandra Bolser. Commissioner Bill Baxley excused. C. Flagler County Chamber of Commerce Economic Development Survey Presentation - Gary Lubi. Rebecca DeLorenzo opened the presentation. Gary Lubi presented the Chamber s Economic Development Survey. The findings show economic development is important to Flagler County and satisfaction regarding progress has been realized. Ms. DeLorenzo closed with thanking the Commission for allowing them to share the results of the survey. D. Discussion. None E. Call for Adjournment. Motion: Adjourn the meeting at 6:53 pm. Motion By: Vice Mayor Rogers Seconded By: Commissioner Tucker Vote: Motion carried unanimously. Catherine D. Robinson, Mayor Sandra Bolser, City Clerk Date Date Bunnell City Commission Workshop Minutes Page 1 of 1

16 CATHERINE D. ROBINSON MAYOR JOHN ROGERS VICE-MAYOR LARRY WILLIAMS CITY MANAGER COMMISSIONERS: ELBERT TUCKER BILL BAXLEY BONITA ROBINSON Our Community is all about Neighbors BUNNELL CITY COMMISSION MEETING MINUTES Monday, July 14, 2014 at 7:00 PM Flagler County Government Services Complex, Bldg. 2, 1769 E. Moody Blvd., Bunnell, FL A. Call the Meeting to Order and Pledge Allegiance to the Flag: Mayor Robinson called the meeting to order at 7:05 pm and led the Pledge of Allegiance to the Flag. Roll Call. Present: Mayor Catherine D. Robinson, Vice Mayor John R. Rogers, Commissioner Elbert Tucker, Commissioner Bill Baxley, Commissioner Bonita Robinson, City Attorney Wade Vose, City Manager Lawrence Williams and City Clerk Sandra Bolser. Invocation for our Military Troops and National Leaders. Mayor Robinson led the invocation. Mayor Robinson advised the City Manager Williams has a requested to add the hiring of a finance director to the agenda. The Charter states adding an item to the agenda needs to be done at the very first part of the meeting. Motion: Approve adding the hiring of Stella Louise Gurnee as Finance Director to the agenda. Motion By: Commissioner Baxley Seconded By: Vice Mayor Rogers Board Discussion: None. Public Discussion: None. Vote: Motion carried unanimously. Mr. Williams introduced Stella Louise Gurnee. She comes to the City with many years of experience in finance, especially in governmental fund accounting. Ms. Gurnee has been highly recommended by the former Finance Director of the City of Palm Coast and also the City of Port Orange. She is currently the comptroller of the City of Port Orange. Ms. Gurnee stated she looks forward to bringing her experience to Bunnell and looks forward to working with the Commission and staff. B. Introductions, Commendations, Proclamations, and Presentations. None C. Consent Agenda: C-1 Approval of Warrant The warrant was pulled by Vice Mayor Rogers and Commissioner Baxley for discussion. C-2 Approval of Minutes a Executive Session Meeting Minutes b City Commission Meeting Minutes C-3 Approve the Amendment to Interlocal Agreement relating to the transfer of the Historic Courthouse and related property Motion: Approve consent agenda items C2 and C3. Motion By: Commissioner Tucker Seconded By: Mayor Robinson Bunnell City Commission Meeting Agenda Page 1 of 8

17 Board Discussion: None. Public Discussion: None. Vote: Motion carried unanimously. C-1 Approval of Warrant Motion: Approve the warrant with the condition that the Spirit and Truth Worship Ministries hall deposit refund is not being paid twice. Motion By: Vice Mayor Rogers Seconded By: Commissioner Baxley Board Discussion: Commissioner Baxley stated he went over most of his questions with Mr. Williams earlier in the day. He is concerned about the $10,000 the City is paying to the Carver Gym and whether or not the City can afford it right now. He would like to consider having it taken off the warrant for now and then reinstate it at a later date. The lobbyist for $3,000 is also a concern but Mr. Williams explained to him earlier the invoice was received prior to the July 7, 2014 vote to eliminate the lobbyist. Commissioner Baxley questioned Utilities Director Bill Green about two background checks that were charged to both the waste water department and the water department and wants to make sure this is not a duplicate. Mr. Green stated the charge is split 50/50 between the two departments. Commissioner Baxley was looking at all the City wireless phones (grants department, law enforcement and others) and they total $1,017 per month in charges. He would like the Board to consider switching the wireless phones. He has seen an advertisement offering businesses five phones with unlimited calling and texting and 5 MB of internet for $175 per month and $15 per month for each additional line through AT&T. He believes this would be a substantial savings. He commented the City does not need to go with AT&T if another company has a similar offer. Judi Stetson advised the grants department does not have a cell phone. The phone listed under the Grants Department is used by the City Manager. Commissioner Robinson asked Mr. Williams if the City is under a contract with the County to support the Carver Gym. Mr. Williams responded this is an annual contribution. Commissioner Tucker advised the original donation for the Carver Gym was $5,000; a County Commissioner came to the board and asked if the City would contribute $10,000. He stated this amount is a disproportionate share to that facility. However, there was a vote by the Commission that passed to contribute $10,000. Vice Mayor Rogers believes the $10,000 is money well spent and will continue to support it. Vice Mayor Rogers asked about two City Hall deposits that were returned to Spirit and Truth Worship Ministries and would like to make sure it is not a duplicate. Mr. Williams will pull them and verify. Vice Mayor Rogers stated if both refunds are supposed to be paid then it is okay to let them go. Commissioner Baxley is also concerned with copier overages within many of the City s departments. He would like to know why copier overages are so high. Mr. Williams stated he will look into this. Public Discussion: Pastor Sims Jones supports the Carver Gym annual contribution. Charles Gardner recommends re-contracting with the copier vendor and discouraging paper copying. He is also concerned with the amount being paid to Tyler Technologies for conversion fees for Plantation Bay. Mr. Williams confirmed this is for the Plantation Bay conversion. Vote: Motion carried unanimously. D. Public Comments: Comments regarding items not on the Agenda. Citizens are encouraged to speak; however, comments are limited to four (4) minutes. Mark Langello asked if the Heritage property purchase has been closed yet. Attorney Vose advised the closing is tomorrow (July 15, 2014). Mr. Langello handed out information and talked about the expenses of getting into the Heritage building. Mr. Baxley called a point of order and stated this is on the agenda and can be discussed at that time. Bunnell City Commission Meeting Agenda Page 2 of 8

18 Mayor Robinson asked Mr. Langello for public comments that are not on the agenda. Mr. Langello proposed the City stop the purchase of the Heritage Building and consider keeping the current offices at Atlantis and move the GSB building offices into the Atlantis building. In addition, he proposed to continue the same credit deal with Atlantis for the remainder of this year and all of next year. He would still keep the same purchase price he offered and asks it be put on tonight s agenda. Attorney Vose stated the City is not in a position, in his legal opinion, to cancel the Heritage property contract without the risk of losing $60,000 that has already been put up as earnest money. The arrangement for the closing was made for the mutual convenience of all parties. He advised, if directed not to close tomorrow, he can proceed that way but advises the $60,000 is at risk. Commissioner Baxley stated the Mayor read from the Charter that an agenda item cannot be added unless it is done at the beginning of the meeting and this item was presented too late in the meeting. Commissioner Tucker stated this item is already on the agenda and as a point of order, this is public comment and when comments are discussed between the commenter, Commission, attorney or City Manager, it is no longer public comment. Mayor Robinson duly noted Commissioners Baxley and Tucker s comments and advised this can be discussed later in the agenda. Charles Gardner questioned if the Heritage property has two separate ownerships and if the City is purchasing the whole block or just a portion. Attorney Vose responded the property title issue has been resolved and the City is purchasing the entire block. Attorney Vose noted the City has both the survey and title insurance commitment both made out for the entire block. E. Ordinances: (Legislative): E-1. Ordinance : Amending the Bunnell Code of Ordinances Chapter 14 Businesses regarding Rehabilitation Centers and Residential Prison Diversion Programs. First Reading Motion: Attorney Vose read the short title. Attorney Vose cautioned discussion be directed toward the ordinance itself. Community Development Director Mick Cuthbertson explained the ordinance. Vice Mayor Rogers inquired about the limited number of residents, why laundry services on site are in the ordinance and standards. Community Director Mick Cuthbertson replied to those questions based on statistics that were pulled. Vice Mayor Rogers is concerned with limiting the number of residents. Commissioner Tucker asked if the calculation was based on four people per 1,500 residents and believes Mr. Cuthbertson has done a good job in structuring this ordinance. Commissioner Robinson is glad Mr. Cuthbertson came up with a good structure and thanked him for his work. Motion: Approve amending the Bunnell Code of Ordinances Chapter 14 Businesses regarding Rehabilitation Centers and Residential Prison Diversion Programs First Reading. Motion By: Commissioner Robinson Seconded By: Commissioner Tucker Board Discussion: None Public Discussion: Pastor Sims Jones believes Mr. Cuthbertson and the PZA Board did a good job in structuring this ordinance. Vote: Motion carried unanimously. E-2. Ordinance Amending the Bunnell Code of Ordinances Chapter 6 Alcoholic Beverages regarding regulations for the application for, issuance of, and renewal of location permits for the sale of liquor, beer and/or wine. First Reading. Attorney Vose read the short title. Community Development Director Mick Cuthbertson explained the purpose of the ordinance. Motion: Approve amending the Bunnell Code of Ordinances Chapter 6 Alcoholic Beverages regarding regulations for the application for, issuance of, and renewal of location permits for the sale of liquor, beer and/or wine First Reading. Bunnell City Commission Meeting Agenda Page 3 of 8

19 Motion By: Commissioner Baxley Seconded By: None Board Discussion: None. Public Discussion: Mark Langello stated the ordinance seems to be fair. Winny Jones, owner of Top Notch Bar & Lounge, and James Boardman, owner of Heart of the City, are not in favor of the ordinance. Vote: None Motion dies for lack of a second. F. Resolutions (Legislative): F-1. Resolution Setting application fees, transfer fees and annual fees for location permits for the sale and consumption on premises of liquor, beer and/or wine. No discussion due to Ordinance dying for lack of a second. G. Old Business: None G-1. Heritage Building repairs and build-out. City Manager Williams is requesting to waive the RFP process for the repairs and build-out of the Heritage Building due to the tight time constraints to vacate the County s GSB building and award the bid to Saye Construction. The City received three quotes for both the roof repairs and the build-out; Saye Construction at $88,500, Kehle Construction at $93,000 and Certified Construction at $131, The bids have been reviewed by Engineer Fernand Tiblier. Mr. Williams explained Engineer Tiblier measured out the office space, doors and hallways, and spoke with both the building inspector and fire inspector to ensure all building requirements are met. The first phase is to get the staff currently working in the County s GSB building moved over to the Heritage building. Mayor Robinson asked if all three bids were for comparable work. Mr. Williams stated they were; there was a walk-through with each contractor, discussion on details of every room and each received a set of plans Vice Mayor Rogers commented Saye Construction did the work on the fire house and does nice work. Mayor Robinson stated this would be the time to discuss not moving forward with the Heritage Building. Mayor Robinson would like to move into rental space in lieu of credits. Commissioner Tucker stated the money being spent would be from the low interest loan and encouraged Mr. Langello to make his presentation at this time. Mr. Langello is offering an option of moving into Atlantis and allowing the City not to spend the money in this budget year or next year s before making payments. Mr. Langello feels the numbers for the Heritage Building are higher than expected, in addition to not taking into account the need for furniture, removing the one building or work to be done on the outside of the building. He believes costs will continue to come before the Board for months and years to come. Mr. Langello feels the City would come out ahead by foregoing the $60,000 already invested in the Heritage building by considering going into the Atlantis complex. Engineer Tiblier noted there was an allowance for $270,000 for build-out and $20,000 for furniture. The projections are in line with the original plans. Mr. Williams noted there is room for the police department and commission meetings at the Heritage Building and Mr. Langello stated he would rather not have the police department at the Atlantis complex. Mr. Williams stated he was in favor of moving into Atlantis until someone brought it to his attention Mr. Langello could build in front of the space being offered to the City. Mr. Williams still believes the Heritage building is a wise purchase. He confirmed Mr. Tiblier s comment regarding the original build-out costs of $270,000. Mr. Langello feels the $270,000 build-out was openly dismissed when the Heritage building was voted on. He feels the his property looks better and has a higher traffic flow. He commented he has concerns with the amount of money needed for the network Bunnell City Commission Meeting Agenda Page 4 of 8

20 infrastructure. IT Director Donnie Wines sees problems with wiring each suite into the network infrastructure at Atlantis because it would involve breaking into the physical fire walls. In addition, the telephone system must be replaced due to the current telephone system at Atlantis no longer being in production. Mayor Robinson thanked Mr. Langello for his efforts to help the City. Commissioner Tucker stated there are bids for the interior work for the Heritage building. He asked about the network and phone infrastructure. Mr. Wines discussed the four phases for the network infrastructure. The total for both the telephone and network infrastructures were discussed. Commissioner Tucker noted the total for the build-out of the office space, the roof, IT installation and telephone installation comes out to $167,000. Commissioner Robinson asked if the $1,450/month phone bill is in the budget and includes BrightHouse internet service. Mr. Williams stated it is not in this year s fiscal budget but is in next year s. Mr. Langello offered to throw in phone sets and internet at no additional charge. Mr. Tiblier stated the original $270,000 was derived from a factored cost of $45 per square foot for the build-out of the first 6,000 square feet which is what is needed immediately. What made the Heritage building so attractive in the analysis is there is almost a total of 19,000 square feet. The overall value of the Heritage building was significantly lower than Atlantis. Mr. Williams stated the tear-down of the one building is not being treated as a demolition. It will be treated as a surplus and go through the RFP process. Mr. Cuthbertson is working on the RFP. Mr. Williams commented, again, there is space for the police department with a secure entrance. Motion: Approve going through the 14-day RFP process for the Heritage building. Motion By: Vice Mayor Rogers Seconded: Mayor Robinson Board Discussion: Mr. Williams stated all contractors in Bunnell were contacted to bid. All contractors were given exact floor plans. Commissioner Tucker stated the City will spend $10,000 for the first month s rent and $2,400 per month until the City offices are vacated from the County building. Commissioner Baxley stated there are already three bids. Mr. Tiblier. Mr. Williams added each contractor had a full walk-through. Mayor Robinson asked Attorney Vose if he is satisfied with the process. He confirmed he is. Vice Mayor Rogers also noted the charge for meetings at the County building. Mr. Williams confirmed hard numbers have been obtained and he is fully confident in his staff and the numbers that have been presented. Mr. Williams agrees with Mayor Robinson that the roof quotes are confusing and can be pulled if desired by the Commission. Commissioner Tucker explained the quotes on the roof. He is also confident with the network and telephone infrastructures. He is not in favor of losing $60,000. Commissioner Tucker is concerned with the amount of rent that will be charged by the County if the City has not moved out of the County s building by August 1 st. Commissioner Baxley noted there are already three bids. He does not know what will be accomplished by taking this to bid. Mayor Robinson asked how the procedure was done to ensure the bids received can be compared apples-to-apples. Mr. Tiblier explained a floor plan was done showing all existing and proposed improvements and were given to each potential bidder. Mr. Williams also noted the bidders walked room by room in the building and discussed the plans. Mayor Robinson asked Attorney Vose if he was satisfied with the process that was initiated. Attorney Vose stated he is and also noted the purchasing policy under the City s ordinance the Commission has the authority to waive formal bidding procedures where the Commission deems it advisable to do so. He would request, from a legal standpoint, the same information be provided to each potential bidder and it looks like this has been done, in both a written component and an oral component. Mr. Williams confirmed this was done. Vice Mayor Rogers added in addition to the $2,400 per month, the City will be charged $100 for every meeting that takes place at the County facilities. Mr. Williams also noted weekly staff meetings must be reserved and expects $100 charge for those as well. Mr. Williams stated renovations numbers were received in writing and posted on the City s website. Every contractor received the same specifications. Mr. Williams takes full Bunnell City Commission Meeting Agenda Page 5 of 8

21 confidence in his work, the engineer, Gary Northrip and Donnie Wines. Numbers were received by legitimate vendors. Mayor Robinson believes there is confusion due to three different agenda items regarding the build-out and would like to see it all on one sheet in order to do comparisons. Mr. Williams agreed there was confusion on the roofing quotes. Commissioner Tucker went through the roofing quotes and stated the bids were all close estimates. He also stated the network and telephone infrastructures should be good figures. He believes going through the RFP process would result in the same figures. Commissioner Tucker is not in favor of losing $60,000 and is in favor of moving on. Public Discussion: Mark Langello commented he did not see the quotes on the website. Mark Langello, Pastor Sims Jones and Charles Gardner encourage going through the RFP process. Charles Gardner stated he pulled the agenda and quotes off the website. Mari Molina and Pastor Sims Jones believe true numbers are needed. Al Thorpe believes the RFP process should be waived. Vote: Motion passed (summary: Yes = 3, No = 2). Yes: Mayor Catherine D. Robinson, Vice Mayor John R. Rogers, Commissioner Bonita Robinson. No: Commissioner Elbert Tucker, Commissioner Bill Baxley. H. New Business: H-1. Request approval of changes to the City s Workplace Drug Free Policy #115-City Manager. Mr. Williams stated this is to ensure the City is on sound ground when doing drug screening. All employees will have to follow this policy. Commissioner Tucker confirmed he reviewed the policy with the City s HR person and reviewed the wording changes that were made. Vice Mayor Rogers would like the following change: e) property damage totaling $500 or more. All Commission members agreed to this change. Commissioner Robinson is questioning the wording of item C (c) regarding a reliable and credible source. Commissioner Tucker believes it could be a coworker that visually sees a problem or a supervisor. Attorney Vose stated the supervisor would determine if the person giving this information is a reliable and credible source. Motion: Approve changes to the City s Workplace Drug Free Policy #115 with a change of property damage totaling $500 or more. Attorney Vose will review and approve all changes that have been made. Motion By: Vice Mayor Rogers Seconded By: Commissioner Tucker Board Discussion: None Public Discussion: None Vote: Motion carried unanimously. H-2. Request approval of Equipment and/or Uniforms Policy-City Manager Larry Williams. City Manager Williams explained this is for return of equipment and/or uniforms upon termination of an employee. If items are not returned, the City can deduct the cost of the items from the employee s last paycheck. Motion: Approve Equipment and/or Uniforms Policy. Motion By: Commissioner Baxley Seconded By: Vice Mayor Rogers Board Discussion: Commissioner Tucker stated some employees are issued firearms. He would like to see a policy for how firearms are returned (i.e.: clips empty, etc.). Police Chief Foster stated there is a procedure in place for the police department and will send it to Commissioner Tucker. Attorney Vose confirmed a paycheck can be held until uniforms and/or equipment are returned. Public Discussion: None Vote: Motion carried unanimously. Bunnell City Commission Meeting Agenda Page 6 of 8

22 H-3. PZA Monthly Meeting Report-Community Development Cuthbertson. Mr. Cuthbertson gave the PZA monthly meeting report. H-4. Request approval of network infrastructure for the new City Hall-IT Director Wines. Motion: Tabled for two weeks. Motion By: Commissioner Baxley Seconded By: Commissioner Tucker Vote: Motion passed (summary: Yes = 4, No = 1). Yes: Mayor Catherine D. Robinson, Commissioner Elbert Tucker, Commissioner Bill Baxley, Commissioner Bonita Robinson. No: Vice Mayor John R. Rogers. H-5. Request approval of a telephone system for the new City Hall-IT Director Wines. Motion: Tabled for two weeks. Motion By: Commissioner Baxley Seconded By: Commissioner Tucker Vote: Motion passed (summary: Yes = 4, No = 1). Yes: Mayor Catherine D. Robinson, Commissioner Elbert Tucker, Commissioner Bill Baxley, Commissioner Bonita Robinson. No: Vice Mayor John R. Rogers. I. Reports: City Clerk: Ms. Bolser reported she and Amy DeVries went to Gideon Auctions in Zellwood, FL to look at office furniture. The Commission consented to give Ms. Bolser permission to spend up to $5,000 toward the purchase office furniture. Attorney Vose sees no legal problem with this. City Attorney: Attorney Vose will proceed with the purchase of the Heritage Building scheduled for tomorrow. City Manager: Mr. Williams thanked the Commission for approving the new Finance Director. He would like to schedule the first public budget meeting for July 28, 2014 at 6:00 pm, followed by the regularly scheduled meeting. Mayor Robinson will not be at either the budget meeting nor the regularly scheduled meeting that evening. Mr. Williams reported the plan is to have the draft budget to the Commissioners by July 21 st. August 11 th will be the ION Exchange Project ground-breaking ceremony at 6:30 p.m. During City Manager Williams reports, Grants Director Judi Stetson asked to add an additional item. Mayor Robinson approved. Ms. Stetson read a prepared statement regarding the Grants Department and handed the statement to the Commissioners. Mr. Williams felt his employee should have advised him this was being done and in his opinion it amounted to insubordination. Mayor Robinson disagreed. Mayor and City Commissioners: Commissioner Tucker: None. Vice Mayor Rogers reported one of the City vehicles ran a red light and the traffic ticket was billed to the City. Mr. Williams stated the ticket was issued to the City because it was a City vehicle and would be reimbursed by the employee. Commissioner Baxley: None. Commissioner Robinson: None. Mayor Robinson: None. J. Call for Adjournment. Motion: Adjourn the meeting at 10:00 pm. Bunnell City Commission Meeting Agenda Page 7 of 8

23 Motion By: Commissioner Baxley Seconded By: Commissioner Tucker Vote: Motion carried unanimously. Catherine D. Robinson, Mayor Sandra Bolser, City Clerk Date Date Bunnell City Commission Meeting Agenda Page 8 of 8

24 CATHERINE D. ROBINSON MAYOR JOHN ROGERS VICE-MAYOR LARRY WILLIAMS CITY MANAGER COMMISSIONERS: ELBERT TUCKER BILL BAXLEY BONITA ROBINSON Our Community is all about Neighbors SPECIAL CITY COMMISSION MEETING MINUTES Monday, July 7, 2014 at 7:00 PM Flagler County Government Services Complex, Bldg. 2, 1769 E. Moody Blvd., Bunnell, FL Call the Meeting to Order and Pledge Allegiance to the Flag. Mayor Robinson called the meeting to order at 7:05 pm and led the Pledge of Allegiance to the Flag. Roll Call: Present: Mayor Catherine D. Robinson, Vice Mayor John R. Rogers, Commissioner Elbert Tucker, Commissioner Bill Baxley, Commissioner Bonita Robinson, City Attorney Wade Vose, City Manager Lawrence Williams and out-going Financial Director Patty Larkin. A Discussion of financial affairs of the City and decisions on recommendations for action. Mayor Robinson turned the meeting over to City Manager Williams. Mr. Williams explained there is a shortfall in revenue stream. Consultant Julianne Klein explained her job is to work on the year-end closing of the financial statements and prepare the annual financial report to be audited by the auditors, make adjusting entries and then determine where the City stands financially. She explained the City has an excess in expenditures over revenue of over $800,000. There were some items in the budget that were overstated. There was also a loss in the prior fiscal year of $805,000. Due to timing of creating the budget and closing year-end financial statements, and turnover in City personnel, those numbers had not been corrected or adjusted and properly reflected in the current year s budget. In addition, some grant revenues were budgeted that have not come in year-to-date. Ms. Klein stated she, Finance Director Larkin and Mr. Williams met with each Commissioner to discuss this issue and advised some changes needed to take place for the remainder of this fiscal year, as well as budgeting for the next fiscal year. Vice Mayor Rogers asked which fiscal year the $805,000 shortfall happened. Ms. Klein stated it was the fiscal year ending September Mr. Williams noted the auditor reported over the last five years expenses have exceeded revenues with a snowballing effect. This will be the sixth year of expenses exceeding revenues which is why he arranged individual meetings with each of the Commissioners in order to explain the situation and work on a solution. Commissioner Tucker asked for a confirmation that reserves actually went down for five years in a row and there is no reserve money. Mr. Williams confirmed. Mayor Robinson gave a history of how this all occurred. Mr. Williams gave each member of the Commission a list of items that could help rectify the situation. These were developed by staff and Commission members. Mayor Robinson stated she asked Ms. Larkin to generate some reports which were sent to her. Mayor Robinson commented she had another set of eyes look at the reports and deemed there are errors in some of the reports she does not consider to be accurate numbers. She is concerned new employees did not receive proper training on the Tyler system. The list of items Mr. Williams handed out are as follows: 1. Eliminate the police department and contract with the Sheriff s Office estimated savings of $400, Eliminate the code enforcement and neighborhood ambassador positions estimated savings of $30, Eliminate the grants department estimated savings of $150,000 Bunnell City Special Commission Meeting Agenda

25 4. Eliminate the lobbyist position estimated savings of $36, Freeze all salaries 6. Implement a hiring freeze for all non-essential positions 7. Cancel the police vehicle grant savings of $35, Charge back a portion of the city manager, finance director, accountant, HR manager, city clerk s office and legal to the Enterprise Fund this would be a short-term savings based on the USDA loan and the stipulations placed on the funds short term savings of $64,000 - $128, Charge back a portion of the finance department to the Bunnell Flagler County Utilities (BFCU) estimated savings of $25, Freeze on all non-essential spending 11. Cancel all events for the remainder of 2014 and 2015 estimated savings of $30, Eliminate the Humane Society estimated savings of $20,000 Mayor Robinson asked if a cost of lay-offs is being considered. Mr. Williams confirmed this is being looked at. Mayor Robinson inquired if a figure had been received from the Sheriff s Office for police services. Mr. Williams stated it would need to be negotiated but it is estimated around $700,000. It was confirmed Chief Foster has received this estimated dollar amount and is being given the opportunity to review his budget and make cuts to meet this figure. An actual firm contract figure has not been determined because it needs to be directed by the Commission before taking action. Mayor Robinson would like all directors involved in revisiting their budgets and making further cuts in order to avoid reducing services. She suggested the following for budget cuts/relief: move some employees and equipment from the General fund to the Enterprise fund, contact the City s medical insurance company and ask if they do pre-employment physicals and drug tests, animal control, furlough one (1) day per week for all employees, reduce police department hours to peak call hours, reimbursement for staff time with grants and projects, increase service revenues in solid waste and utilities (i.e.: charge delivery fee, pick-up fee), establish fees that are paid from the Enterprise funds back to General funds for solid waste and utilities, renegotiate the medical insurance plan and reduce staff through attrition. Commissioner Robinson was concerned with the dollar figure differences between the time she met with Mr. Williams, Ms. Larkin and Ms. Klein and what was handed out tonight. Mr. Williams stated he spoke with Undersheriff Staly since and received approximate figures but there is still no official dollar amount until a contract is negotiated. Mr. Williams stated he does not feel good about recommending eliminating two departments but the City is facing a major financial problem and actions need to be taken immediately. The landscaping grant was discussed. Mayor Robinson stated the grants department has brought many more dollars than salaries expended. She is concerned with going back to a contract and paying someone to initiate grants. She also stated she does not understand why the city would want to get rid of a department that brings in additional funds. Mr. Williams responded this is the first small town he has seen with its own grants department. He explained a person is not hired to go out and get grants. Instead, they are paid a portion of a grant that is awarded. He stated a grant costs money. It is not free. Mr. Williams is recommending the City not go after grants in the near future because it is going to cost money that the City does not have if the City s portion must come out of the General fund. Commissioner Baxley agreed grants cost money and believes the City should not go after any grant if it is not in line with the budget and coming out of the general fund. Mr. Williams stated the grant for the beautification project makes entering the City looks beautiful but the upkeep of the trees and plants is an additional expense the City does not have. Because of this, the upkeep will need to be done with the current employees which can barely keep up with the duties they have now. Commissioner Robinson asked if a grants department would be needed until the current projects are complete. Mr. Williams responded there is a project manager and engineer to oversee the current projects through completion. Mayor Robinson stated there are eleven (11) open grants totaling over $3 million and wants to know if they can all be completed without a grants department. Mr. Williams Bunnell City Special Commission Meeting Agenda

26 responded yes. Grants Director Judi Stetson approached the podium to explain what the department does, its responsibilities, functions and how it flows in with the City. Mr. Williams reiterated twelve (12) solutions have been recommended in order to get the City through the remainder of this fiscal year and well into next year. He feels if these are not adopted by the council the City, with or without grants, financially will not make it through the year. The City has gone well beyond what could be spent for the last five years. The twelve recommendations are not going to bring the figures where they need to be and more cuts will still need to be taken. He stated furloughing employees a day every two weeks will not save much money, but if it must be done in addition to the twelve recommendations, it will be considered. Mayor Robinson would like to know how much furloughing would save. She feels all solutions have not been considered, including giving the police chief an opportunity to pare the police department s budget down to $700,000 in order to maintain services because if the City gives it up, it will not get it back. Police Chief Foster voiced his concerns of savings versus the benefits of having a City police department. He also stated the police department is currently operating within budget. He gave a list of disadvantages of having the Flagler County Sheriff s Office serving the City, including the existing relationship with the sheriff s office, loss of control, political environment, quality of life, increase in crime, service levels and mutual aid needed outside Bunnell. B. Public Comments: Comments regarding items not on the Agenda. Citizens are encouraged to speak; however, comments are limited to four (4) minutes. Charles Gardner, Al Thorpe, Randy Morris, Steve Woodman, Minister Howard Kane, Katherine Stanis, Richard Weber, Karen Weber, Dennis Ross, MaryAnn Mehan and Glen Kehle support keeping the police department. Jan Reeger would like all citizens to have the ability to see the financial plan and suggestions. Daisy Henry supports the grants department, police department, code enforcement officer and lobbyist. DeWayne Sizemore and Hutch King support the City Manager and his attempt to fix the financial problems. David Williams stated transferring of monies and expenditures need to be looked at more closely in the future. PJ Calandro supports the grants department. Jim Flynt, Mari Molina and Mark Langello support the police department and grants department. Jim Brown urges common sense to make the tough decisions for the City. Board Discussion: Mr. Williams stated furloughs were discussed three to four weeks ago and the cost savings is only approximately $130,000. Budget meetings have occurred with every department director to cut budgets. To cut it an additional 10% is $210,000. Other alternatives are being considered. He reminded the Commission furloughing all employees can cause an issue with the lower paid employees due to low wage levels. He is not in favor of furloughs across the board. Mr. Williams stated he is a fan of the police department, but the City is in a difficult situation. Tough decisions and recommendations are necessary. Mayor Robinson would like hard numbers on questions she has and would like to give the list to the City Manager and Finance Director. Commissioner Tucker commented Julianne Klein would come back to help. Mayor Robinson stated there was some discussion regarding Ray Britt coming in to work with the City finances. Mr. Williams stated he and Mr. Britt are talking and a resume was received with qualifications the City is looking for. Vice Mayor Rogers asked how the City got here. He wants to know how the City went from boom to bust. He stated it took five years of deficits. Five years of spending more money than what was taken in. He commented how the County had to make tough choices, adjustments and cuts. The school board had to do the same. He stated the City Commission was sold a bag of goods. It was smoke and it was mirrors. The valve needs to be shut off and decisions need to be made. This is the aftermath of five years of an administrator that did not know what he was doing. He wanted to go on the record saying he did not vote for the prior City Manager. It was five years of out-of-control spending. He noted the prior city manager was paid over $650,000 in Bunnell City Special Commission Meeting Agenda

27 five years to put the city in this position. He went on to say the prior city manager did whatever he wanted to do with the taxpayers money because he had some of the people snowballed. Mr. Williams is here and some cuts and changes must be made. He is disappointed Mr. Williams does not have a hard figure of how much it is going to cost if the City disbands the police department and contracts with the County. Vice Mayor Rogers went on to say he asked department heads to take a ten percent cut in their budgets when he first came into office and he was looked at like he had three heads. When Finance Director Patty Larkin was hired, by Mr. Martinez in September 2013, and got into the books, she started throwing up red flags. Vice Mayor Rogers stated he would have loved to have the Courthouse but Ms. Larkin told city officials the City could not afford it. He went on to state Mr. Williams was hired in October and the current budget is the old administrator s. At the same time, Mr. Williams is responsible for the budget, even though it is not his. This crisis is not his crisis. He went on to state Mr. Baxley has been stressing, since he got on this board, if the City keeps spending money, there is going to be serious trouble. Vice Mayor Rogers stated when he first became a Commissioner, he and Commissioner Tucker tried to have a meeting when Mr. Martinez was looking for another job. His position has always been if he is looking for a job, the City should be looking for a new city manager. The majority of the board shot them down. He stated this problem is not Larry Williams. He is here now to help get this right. Everyone knew what the auditor was going to say before the auditor gave his report. Vice Mayor Rogers stated the City owes it to its citizens and taxpayers to get back on track financially and to have a balanced budget. The deficit in governmental funds is $844,000 with millions in the red for the last five years. He asked where the City goes from here and this board will have to make some difficult decisions. There will be a balanced budget, have the facts straight and figures right. Commissioner Baxley stated he came to the meetings for four to five years before being elected and the platform he ran was based on not voting on unnecessary spending. He commented he would like to clarify a few items that came from the audit. He quoted governmental funds reflect an excess of expenditures over revenue of $844,000 five years in a row. He went on to quote from the audit the actual deficit is $1,003,475. The reserve is gone. He went on to say grants are great, if you can afford them. Grants should not be pursued unless it is a needed and budgeted item. He commented Mr. Williams stated eliminating the grants department would be a savings of $150,000 annually. He asked how the City would get grants without the grants department. Mr. Williams responded grant writers will include an administrative fee within the grant and if awarded would receive that fee. Commissioner Baxley asked how long the Mr. Williams had been working on the list of cuts from the budget. Mr. Williams stated he worked on it for about four weeks with the Directors and they cut their budgets substantially. An additional ten percent would be approximately $210,000. Furloughing one day per week has also been considered but the lower paid employees would be hurt the most and they are the ones that do the crux of work. Commissioner Baxley stated he did not meet with Mr. Williams and finance department. He went on to say he refused to go because he knew what it was about. He made a list of items he would like to see cut. He stated he called Mr. Williams on the phone and gave him his list because he knew something needed to be done. The only item he did not have on his list was cutting the police department. Everything else Mr. Williams had recommended was on Commissioner Baxley s list that he turned in to Mr. Williams. Commissioner Baxley does not know where the City is going to get the money from if major decisions are not made. Commissioner Baxley stated some people want to see figures. He asked Mr. Williams if the figures he provided are accurate. Mr. Williams responded they are. Eliminating the Humane Society has been an item Commissioner Baxley has been concerned about for over one year and something should have been done ten months ago and advised at that time the figure needed to be cut down. Police Chief Foster stated he does have some alternative ways but the decisions on animal control were made prior to him and Mr. Williams being employed by the City. Commissioner Baxley stated the City is spending $150,000 annually on the grants department, as well Bunnell City Special Commission Meeting Agenda

28 as having lobbyist. The City of Bunnell has a population of 2,500 and the City hires a lobbyist in Washington D.C. that costs the City $36,000 annually. Commissioner Baxley stated this was on his list of cuts. He commended Judi Stetson for the job she has done, but if there is no one directing her, she is doing her job. She got the grants but it cost the City money. He hates to see losing her, but if it comes to that, it has to come to that. Commissioner Baxley went on to say he has been saying, for a good year, the City was heading for bankruptcy and it has now dropped in everyone s laps tonight. Mayor Robinson asked what else was on Commissioner Baxley s list. He responded: Salary freeze Stop all perks Grants department Freeze hiring Stop all vehicle purchases City ambassador Code enforcement Humane Society All departments cut 15% Stop all purchases except emergencies Lobbyist Commissioner Baxley stated he is a firm believer in the police department because his background is in law enforcement. He knows the value of having your own police department in your own town. He really does not want to see the police department go, but if it is a matter of being bankrupt or keep the police department, I would rather you (referring to the board) make the decision. He stated he voted no on Plantation Bay. He was told it would not cost the citizens a dime. He asked who would be responsible if something happens and individuals do not pay their bill. He was told the City would be. Because of this, Commissioner Baxley has voted no on everything pertaining to Plantation Bay. He stated the City does not need to be running a business. The City needs to take care of what it has. He went on to say this was Mr. Martinez s biggest problem. Commissioner Baxley stated he liked Mr. Martinez and spent a lot of time with him but he had huge visions. He would be great for a City that had millions and millions of dollars to spend and be a great city manager. However, a city the size of Bunnell, he ran the City down the path of $850,000 a year of spending over revenue and did it five years in a row. Commissioner Baxley said he could see it from the audience; prior to becoming a Commissioner. He saw it meeting after meeting. He went on to say Mr. Martinez had the women on this board hypnotized and they would cross a river on a paddle if he told them they could make it to the other side. Mayor Robinson stated she begged to differ. Commissioner Baxley responded he has his opinion and she has hers. Commissioner Baxley also stated several meetings he attended prior to being elected and he would hear one of the Commissioners turn to Financial Director Cissy Bertha and say well can you find some money for that?, and she would respond yes we will find it somewhere. This is why the City has $850,000 a year of spending over the budget for little things that add up to thousands and thousands of dollars. Commissioner Baxley is definitely in favor of balancing the budget because, as Vice Mayor Rogers said, the citizens deserve it. He has heard each individual speak and there are other areas he is looking into besides the list discussed tonight. Commissioner Baxley stated he has been talking to the City attorney about it. He went on to say the water department has close to $600,000 in reserve and has asked Mr. Williams about it. There should be a way some of this money can be transferred into the general fund. Attorney Vose explained he is checking into this, but there are some restrictions on these funds and the bond convenant may prevent a transfer from occurring. A bond covenant tends to require not just being able to pay those bond payments as they come due, but also a significant amount of reserve funds, Bunnell City Special Commission Meeting Agenda

29 advance redemption funds and a series of other funds that need to be put away. The money sitting there is encumbered by significant existing bond obligations and he is in the process of sorting out which portion is completely unencumbered and could be transferred to the general fund. The portion unencumbered is short-lived due to the new $3.4 million debt coming in behind that. Commissioner Baxley noted it was on his list to take any reserves departments have that are not being used by the end of the year and transfer it to the general fund. Mr. Williams commented $64-$128 thousand is the safe amount that can be transferred to general fund for this current year. The USDA bond will start taking effect eight to nine months into the next fiscal year. Commissioner Baxley stated before he was elected and the Commission was talking about putting in a water plant, he did a lot of research and made some phone calls. He called the EPA and spoke with the director (head of state EPA) in Tallahassee and was told the 2,600 people that live in Bunnell must be rich because the unit being put in is comparable to something used in Orlando, Jacksonville or Tallahassee. He went on to say if the City had contacted him, he would have advised how to put in a plant for about one-third of the cost. Commissioner Baxley commented the City has put in a great plant. It is the Rolls Royce. He went on to say this is the reason why the City is $850,000 a year for five years over budget; because the City has, just like Mr. Williams said, a champagne taste with a beer pocketbook. Commissioner Robinson stated she is not going to play the blame game tonight about the past five years. The City of Bunnell has a budget problem right here tonight that needs to be figured out for the benefit of the citizens and business owners. There has been a high rate of turnover in the last year she feels has contributed to the budget problem. There are decisions that will need to be made that will not please everyone, but tonight she is not comfortable with the figures enough to make any decisions or cuts, especially with the police department. Commissioner Robinson recommended Mr. Williams sit down again with the department heads to work on the budget and come up with more figures before making any decisions. Commissioner Baxley asked Mr. Williams if he has already met with the department heads again to cut the budget. Mr. Williams responded he had met with the Directors and made budget cuts and recommendations. Mayor Robinson asked if Mr. Williams has met with the department heads to discuss the budget for the remainder of this year. He responded he had not but this is a carry over into next year and what is done now will be a carried over into next year s budget. The recommendations he has made for next year s budget need to take effect now; this cannot wait until October 1 st. Mayor Robinson asked if Mr. Williams can meet with the directors after tonight s meeting and know publicly where the City stands and what cuts and recommendations they can make right now going forward to get the City through October 1st. She would like look at all avenues. Mr. Williams stated this can be done. Commissioner Robinson confirmed this was her recommendation as well. Commissioner Tucker stated the subject of turning the police department over to the county has never been popular, but everyone needs to know how the numbers stack up. Everyone in Flagler County pays an ad valorem rate for the sheriff s department that comes out to about $200 per capita. In addition the per capita cost for Bunnell s budget on the Bunnell citizens, they also pay about $200 to the Flagler County Sheriff s office. So the cost per capita is $3 from $600. So, about $600 is invested not only in the Bunnell police department but also the sheriff s department. Commissioner Tucker went on to say in the past he has talked to the sheriff (Fleming and Manfre) about the cost to have the sheriff s department run the City of Bunnell taking into account peak hours, non-peak hours and a supervisor. It would not be the same coverage as what the City has now but they would do the same things that the City of Bunnell does. Just as a comparison, he continued, the taxpayers in Palm Coast also pay the same $200 Bunnell citizens pay as a portion of the sheriff s budget. So, per capita, Palm Coast pays $200 but when you add their per capita cost that they pay the sheriff, it is $32.34 per capita and they pay $2.5 million into the sheriff s budget for their higher level of protection and service. If Mr. Foster can provide the same level of service for the same price that can be offered by the sheriff s office, then Commissioner Tucker has no problem. He stated this is a monetary problem; not an emotional one to him. You have to be able to separate the Bunnell City Special Commission Meeting Agenda

30 emotion of the events from the financial facts. Commissioner Tucker is not opposed to keeping the Bunnell police department. He feels everyone needs to get off that route. He wants to help balance the budget as this has been his driving force and thinking in the past and it has not changed since he first talked to Sheriff Fleming years ago. It is not an emotional matter, but a financial responsibility to get law enforcement coverage at a price the citizens of Bunnell can afford. Commissioner Tucker stated he has the per capita cost, the square mile cost, the population cost and all kinds of other costs, and it all works out the same Bunnell needs to do something about the budget. So if it means taking a man off a shift during non-peak hours, putting a supervisor with that one person or calling on the sheriff s office to provide a supervisor. There needs to be a little creativity because, if not, he is for having the sheriff s department do the law enforcement for the City of Bunnell. Commissioner Tucker stated it is not an emotional avenue for him, but a financial responsibility to the citizens not to take their liberties because the City is taking their money. He challenged Chief Foster to do something. He added he would be glad to talk with him. Commissioner Tucker spoke about the Bunnell Flagler County Utility issue. The City was in the middle of things when Finance Director Larkin came on board with the City. Some bugs still need to be worked out but he believes Plantation Bay will be a money-maker once the cash flow is worked out with Flagler County. Commissioner Tucker commented he does not like grants and never has. He likes Grants Director Stetson but he does not like grants. He stated if there were no grants across America, everyone would be better off because grants take money from one person s pocket and puts it in another person s pocket. He went on to say Bunnell may have benefited from grants, but he still does not like them because it is a redistribution of someone s wealth. Grants seem to almost always cost money to the citizens who receive those grants. Commissioner Tucker is not a fan of the lobbyist. He believes the senators can be seen when they come home. It is only 200 miles from where Bill Nelson is and 250 miles where Rubio is. In addition, Travis Hutson does not live too far from Bunnell. Commissioner Tucker stated they can be seen on a short day trip if needed. Commissioner Tucker has listened to the auditor, Juliann and Finance Director Patty Larkin and they did not tell him anything other than changes need to be made financial changes. Emotions, once again, need to be separated from the facts and he is not going to vote on emotion. He will vote on a fact. The fact is cuts need to be made and if they have to be tough cuts, they are just going to have to be tough cuts. Commissioner Tucker finished by challenging Police Chief Foster to cut his budget and he would love to see something different; something imaginative that will work. Mayor Robinson stated a lot has been said tonight and she would like to know what the sheriff would be charging the city. There has been no discussion about that. There have been numbers but they changed from what she received three weeks ago compared to the numbers received tonight. Mr. Williams responded the sheriff has repeatedly told him if Bunnell wants to go with the sheriff s office, he is willing to negotiate with the city. The sheriff has given a price but does not want to give the impression he is looking to take over the Bunnell Police Department either. Mayor Robinson asked how a decision can be made if the city does not know what it is going to cost. Mr. Williams stated he and Mr. Staly have discussed $695,000 but Mr. Staly will not put it in writing until council directs him to work out a contract with them. Mayor Robinson would like Mr. Williams to go back to the department heads and discuss the budget further, to look at the reserves that Commissioner Baxley discussed and she would like her questions answered that are on the sheets that she has. She would like to know what it would cost the city in lay-offs. She is in agreement with Commissioner Robinson. She does not feel like she has received enough information and would like more detail about what will be done and how much it will cost. She stated she is in favor of Commissioner Robinson s recommendation with going back to the department heads. Commissioner Tucker asked if a deadline is being set for this request. It was agreed to meet again on July 21 st. Motion: To accept the City Manager s recommendations with the elimination of code enforcement and neighborhood ambassador for $30,000; eliminate the lobbyist position for $36,000; freeze all salaries at Bunnell City Special Commission Meeting Agenda

31 two percent; implement a hiring freeze for all non-essential positions, except for the Finance Director; cancel the police vehicle grant at $40,000; charge back a portion of the City Manager, Finance Director, accounting, HR, City Clerk s office and legal to the enterprise funds for $64,000-$128,000; charge a portion of the finance department to BFCU at $25,000; freeze all nonessential spending; cancel all events for the remainder of 2014 and 2015; eliminate the Humane Society s contract effective immediately. Elimination of the Grants Department and the Police Department is to be discussed further at the July 21 st special city commission meeting. Motion By: Vice Mayor Rogers Seconded By: Commissioner Tucker Board Discussion: Commissioner Tucker asked if the Humane Society contract can be cancelled. Attorney Vose advised a 90-day notice was necessary to cancel the contract. Commissioner Tucker asked what will be done when the Humane Society contract is cancelled. Vice Mayor Rogers responded he believes it to be on next Monday s agenda. Commissioner Baxley recalled the previous police chief saying the services could be done on an individual basis and would cost in the neighborhood of $6,000 per year to pick up animals on an as-needed basis. Commissioner Tucker confirmed the $6,000 figure. Commissioner Tucker has also suggested the city have an open purchase order that requires a city police officer sign-off on it when an animal is picked up. If that purchase order is not presented with an officer s signature, they do not get paid for it. Mayor would like, before making any decisions, to wait two weeks (July 21 st ) which is not critical, in order for department heads can come back with their recommendations before making any decisions about any of the items discussed tonight. She stated the numbers changed from what she was given a couple of weeks ago. She is questioning what numbers are accurate. She would like to let the department heads do their work and see what they come back with before the Commission does anything. She also stated if the city keeps the police department, she would like to consider also keeping the grant because that is two cars for the police department. They have three that are parked right now. She agrees with eliminating the Humane Society contract and likes the idea of the purchase order suggestion made by Commissioner Tucker. Public Discussion: Mark Langello does not believe the Commissioners have all of the right numbers. He is glad to hear Mr. Williams may have a qualified individual willing to help out in the finance department until the position is filled and to look at the numbers presented. He does not want the police department cut without knowing firm numbers and services that would be provided by the sheriff s department. Mr. Williams invited Mr. Langello to join him on a telephone conversation with the sheriff. Vice Mayor Rogers stated to Mr. Langello for five years Mr. Groot and his firm had to get the city out of one mess after another for total mismanagement; for lawsuits that should have been settled but were not. Five years worth. Vote: Motion passed (summary: Yes = 3, No = 2). Yes: Vice Mayor John R. Rogers, Commissioner Elbert Tucker, Commissioner Bill Baxley. No: Mayor Catherine D. Robinson, Commissioner Bonita Robinson. Bunnell City Special Commission Meeting Agenda

32 C. Call for Adjournment. Motion: Adjourn the meeting at 10:50 pm. Motion By: Vice Mayor Rogers Seconded By: Commissioner Baxley Vote: Motion carried unanimously. Catherine D. Robinson, Mayor Date Sandra Bolser, City Clerk Date Bunnell City Special Commission Meeting Agenda

33 Admin Form 6 Revised January, 2014 City of Bunnell, Florida Agenda Item No. E-1. Document Date: 6/18/2014 Amount: N/A Department: Community Development - Mick Cuthbertson Account #: N/A Subject: Ordinance Amending the Bunnell Code of Ordinances Chapter 14 Businesses regarding Rehabilitation Centers and Residential Prison Diversion Programs. Second Reading. 1. Proposed Ordinance. Attachments: Please number items as they will appear on the agenda. Agenda Section: E. Ordinance Summary/Highlights: Ordinance enacted a moratorium on rehabilitation centers and residential prison diversion programs. This is a request to amend the Bunnell Code of Ordinances Chapter 14 Businesses. Background: Ordinance enacted a moratorium on rehabilitation centers and residential prison diversion programs. The moratorium will expire on November 25, This Ordinance also directed City staff to provide recommendations to the Bunnell City Commission no later than October 31, At the direction of the Planning Board, a community workshop was scheduled. The purpose of the workshop was to gain the input from the citizens of Bunnell on these types of programs. On January 15, 2014, a community workshop was held to discuss proposed regulations for these types of programs. The proposed ordinance: Removes all references to rehabilitation centers. Clarifies the definition for residential prison diversion program created by Ordinance Allows these programs by special exception permission in the B-1, Business district and by special exception permission in the L-1, Light Industrial district provided they are not within 600 feet of a single family residence. Creates locational standards for residential prison diversion programs. Residential prison diversion programs would be required to be at least 1000 feet from schools, child care facilities, public parks, public playgrounds, and public recreation centers. Requires reasonable safety measures be utilized or added to each facility. Provides guidelines for the documents that must accompany an application to obtain a regulatory license for a residential prison diversion program. Provides guidelines for records that must be kept by residential prison diversion programs and requires the program keep documentation that any convicted sex offender living at the facility complies with the registration requirements in accordance with Florida Statutes. Even with the location restrictions, there are several sites in the City where these programs could be allowed. The Planning, Zoning and Appeals Board reviewed this item at their June 17, 2014 meeting and

34 recommended approval. Staff Recommendation: Approval of Ordinance Amending the Bunnell Code of Ordinances Chapter 14 Businesses regarding Rehabilitation Centers and Residential Prison Diversion Programs. First Reading. City Attorney Review: The City Attorney assisted with drafting the proposed ordinance. The City Attorney presented this item at the June 17, 2014 PZA Board meeting. Approver Name: Approval Status: Date: Sandra Bolser, City Clerk Approved 6/19/2014 Admin Form 6 Revised January, 2014

35 ORDINANCE AN ORDINANCE OF THE CITY OF BUNNELL, FLORIDA AMENDING THE BUNNELL CODE OF ORDINANCES CHAPTER 14 BUSINESSES, ARTICLE VII; RESCINDING THE MORATORIUM; PROVIDING REGULATIONS FOR THE LOCATION AND OPERATION OF RESIDENTIAL PRISON DIVERSION PROGRAMS; PROVIDING REQUIREMENTS FOR ISSUANCE OF RESIDENTIAL PRISON DIVERSION PROGRAM REGULATORY LICENSE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statutes , the Municipal Home Rule Powers Act, authorizes cities to establish, co-ordinate and enforce the laws that are necessary for the protection of the public; and WHEREAS, The City Charter provides the City with the authority to adopt regulations that are designed to promote the public health, safety and general welfare of its citizens; and WHEREAS, Florida Statutes do not provide regulations for residential prison diversion programs; and WHEREAS, the City enacted a 1 year moratorium for rehabilitation centers or residential prison diversion programs on November 25, 2013; and WHEREAS, the Planning, Zoning and Appeals Board reviewed this Ordinance at its March 18, 2014 and June 17, 2014 meetings and recommends adoption; and WHEREAS, under its home rule authority the City of Bunnell can pass additional legislative enactments to further regulate rehabilitation centers or prison diversion programs as long as these additional regulations are not preempted in the law and are not inconsistent with statutory provisions. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BUNNELL: Section 1. The Bunnell Code of Ordinances, Chapter 14, Article VII, is hereby amended as follows: Chapter 14, Article VII, Rehabilitation Centers and Residential Prison Diversion Programs Sec Findings. The Bunnell Land Development Code does not specifically provide a definition for, address the location of or provide other regulations for rehabilitation centers or residential prison diversion programs. Ordinance City of Bunnell, FL 1

36 The impacts associated with allowing a rehabilitation center or residential prison diversion program to be located within the City of Bunnell are not known at this time. To grant special permission to allow one program to operate in any zoning district would create a precedent to allow similar programs to operate in other similar zoning districts throughout the entire city. Regulation of rehabilitation centers or residential prison diversion programs requires further study on the potential impact of these types of facilities on the city and whether certain regulations would allow for the operation of these facilities while providing for the health, safety, and welfare of citizens and/or businesses existing in the city The City contains 2.7% of the total population of Flagler County. The City may adopt, pursuant to its police power, zoning ordinances and regulatory ordinances to protect the public health, welfare and safety that are consistent with the state and federal law, including the Fair Housing Act and the Fair Housing Act Amendments. The adoption of zoning ordinances, regulatory ordinances and land use planning are fundamental functions of local government. Residential prison diversion programs are designed to provide services to people who have been convicted of a crime, and would have been sent to a correctional facility by a court of law because of that conviction, but have agreed to be court ordered to an alternative program to avoid being sent to a correctional facility. As a result, due to their status of meeting the criteria to be sent to a correctional facility, the people utilizing these programs may pose a danger to the safety of the community and any adjacent residents. The fundamental precept of the City s Zoning Code provisions relative to residential zones is that individual dwelling units are intended for the occupancy and use of single-families. Accordingly, the City does not allow group residential uses such as boarding or rooming houses, dormitories, motels, and single-room occupancy hotels in residential zoning districts in the City because such uses are frequently transient and institutional in nature and differ in character and create impacts on residential neighborhoods from single house units. The more on-site services a program offers, the less suitable the program is for a residential setting. With the addition of services, the use becomes more commercial in nature rather than a use that would be appropriate for a residential area. Additionally, the need for easy access to services makes these uses more appropriate for a commercial setting where these services would generally already be located. The Florida Department of Corrections has reported that 37.3% of persons on parole will be returned to prison each year because they have either been convicted of new crimes or have violated Ordinance City of Bunnell, FL 2

37 the conditions of their parole. Residences housing two or more prison diversion candidates or parolees may pose a danger to the safety of the community and adjacent residents, and the City does not intend to permit such uses in residential areas. Sec Definitions. For the purposes of this Ordinance, the following terms, whether appearing in the singular or plural form, shall have the following meanings: a. Rehabilitation center. A residence operated and maintained by a sponsoring private or governmental agency to provide rehabilitation or rehabilitation services to two or more unrelated residents progressing from a relatively intensive residential or treatment facility for behaviors resulting from crime, mental or emotional illness, alcoholism, drug addiction or other conditions requiring a structured environment to deal with such conditions with at least one supervisor living on-premises with services being provided such as board, lodging, meals, supervision, controlled administration of medication, counseling, group sessions, therapy, education, job skill training and/or other treatment or services as needed. b a. Residential Prison Diversion Program. A residence operated and maintained by a sponsoring private or governmental agency to provide rehabilitation or rehabilitation services to two or more unrelated residents with at least one supervisor living on-premises, wherein one or more of the residents has been placed in the program via court order or such placement is voluntarily requested by the resident, for the purpose of or with the effect of avoiding being sentenced by a court of competent jurisdiction to confinement in with services being provided such as board, lodging, meals, supervision, controlled administration of medication, counseling, group sessions, therapy, education, job skill training and/or other treatment or services as needed as a means to avoid being sentenced by a Court of Law to confinement in a Ccounty Jjail, or a state Department of Corrections facility, federal corrections facility, or any other type of detention facility, and wherein the services being provided may include, but not be limited to, one or more of the following: board, lodging, meals, supervision, controlled administration of medication, counseling, group sessions, therapy, education, job skill training and other services as needed. Sec Moratorium Locational Standards and Program limits. Beginning on November 25, 2013, a moratorium shall exist for one year and expire on November 25, 2014, or sooner as provided herein, during which time the community development department shall not issue any new local business tax receipt to any person for the purpose of engaging in, operating, or managing a rehabilitation center or residential prison diversion program. The community development department is authorized to renew or transfer any local business tax receipt to any person for the purpose of engaging in or managing a rehabilitation center or residential prison diversion program existing on the effective date of this article. The moratorium shall expire upon the earlier of the following: (1) On November 25, 2014, one year from the effective date of this article; or Ordinance City of Bunnell, FL 3

38 (2) The effective date of an ordinance, adopted by the Bunnell City Commission, to address engaging in, operating, or managing a rehabilitation center; or residential prison diversion program; or (3) At such time as the Bunnell City Commission receives a report from city staff on issues relating to the operation of rehabilitation centers or residential prison diversion program and votes by majority vote to repeal this moratorium. a. Location. Residential prison diversion programs shall be allowed by special exception in the B-1, Business zoning district and by special exception in the L-1, Light Industrial zoning district. b. Distance requirements. 1. No residential prison diversion program may operate within 1000 feet of any school or licensed child care facility. 2. No residential prison diversion program may operate within 1000 feet of any public park, public playground or public recreation center utilized by juveniles. 3. No residential prison diversion program may operate within 1000 feet of any other residential prison diversion program. 4. No residential prison diversion program may operate within 600 feet of a single family residence. c. Parking. Parking requirements for residential prison diversion programs shall be in accordance with the city's Land Development Code regarding off-street parking and loading- homes for the aged, sanitariums, convalescent or nursing homes. d. Program limits. No more than 6 residents may be housed at the program site at one time. This does not include the residential supervisor or awake staff provided as part of the program operations. e. Property standards. Residential prison diversion programs shall meet the following property standards: 1. The facility shall abide by all fire safety codes for group home living. 2. The facility shall provide a full kitchen. 3. The facility shall provide each resident with adequate personal storage and living space. 4. The facility shall have one sink, one toilet, and one shower for every four people who reside at the facility. 5. The facility shall have laundry services available on-site. 6. The facility shall provide any necessary safety or security measures needed to provide for the safety of the residents and residents on adjacent properties. This may include but is not limited to installing a perimeter fence, outdoor security lighting, an alarm system or security system, or any other reasonable security measure. f. Good Neighbor standards. Residential prison diversion programs shall provide neighbors to the facility with contact information for the designated person who will address all neighbor complaints even if it is not possible to resolve the issue. Ordinance City of Bunnell, FL 4

39 Sec Staff Report Application and Residential Prison Diversion Program Regulatory License. This moratorium has been established for the minimum time period necessary for city staff to analyze the effects of rehabilitation centers or residential prison diversion programs in the city; analyze the criteria for additional standards needed, if any, under the zoning and land use development regulations in connection with the issuance of any development permits, business licenses, or approvals for rehabilitation centers or residential prison diversion programs within the city; analyze any new laws regarding rehabilitation centers or residential prison diversion programs enacted by the Florida Legislature; assess other public health, safety and welfare issues that are associated with location or operation of rehabilitation centers or residential prison diversion programs; and, to make recommendations to the Bunnell City Commission regarding whether there is a need to enact an ordinance regulating rehabilitation centers or residential prison diversion programs so as to better promote the health, safety and general welfare of the citizens of the city. City staff is directed to provide a report to the Bunnell City Commission of its findings and recommendations no later than October 31, a. Application. No person, private agency or governmental agency shall operate a residential prison diversion program for use by the general public without first obtaining a residential prison diversion program regulatory license. A person desiring to apply for such a regulatory license shall make an application in writing on a form prescribed by the city manager, or designee. 1. The application shall include the following: (a) A written statement that the person, private agency or governmental agency will take reasonable safety precautions to provide for the safety of the citizens living next to and around the program site. (b) A copy of any applicable state license(s) and/or documentation that the program has been contracted by an appropriate state agency to provide such services. (c) Copies of the licenses issued by the Florida Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling or other professional licensing board for any mental health counselors, social workers, marriage and family therapists, or other licensed professional providing services to the residents at the facility. (d) Documentation that the program meets all required standards as listed in section b. Residential Prison Diversion Program Regulatory License Issuance. As a prerequisite to the issuance of a residential prison diversion program regulatory license, an inspection shall be made of the premises by the fire inspector and/or the police chief. c. Number of Residential Prison Diversion Program Regulatory Licenses issued within the City. The number of residential prison diversion program regulatory licenses issued within the City of Bunnell shall be limited based upon the population of Bunnell. The existence of the total number of residential prison diversion programs shall be limited utilizing the formula of one such program per 1500 citizens living within the City of Bunnell. Ordinance City of Bunnell, FL 5

40 Sec Operations and Records. Each residential prison diversion program shall conform to the following operational and record keeping requirements: a. Each program, regardless of whether it is licensed under this article, shall create, establish and maintain a record of all workers of the business. The record shall contain the worker's full legal name and any aliases and all past or current aliases of the worker; his or her date of birth; his or her residential address; his or her telephone number (if any) and all pager numbers and other similar numbers used; his or her driver s license number and a photocopy of the license; his or her state or federally issued identification card number including the workers social security account number; the employment status of the worker including, but not limited to, whether the worker is a salaried employee, an independent contractor, a lessee, a sub-lessee, a subcontractor allowed to work at the establishment, or such other arrangement as may be in place; and a recent photograph of the worker as of the date of association with the business which accurately reflects the date on which the photograph was taken. b. The residential prison diversion program regulatory license holder or other designee shall be responsible for ensuring that all staff have the appropriate licenses and training required to perform the work at the program. Documentation shall be kept in the worker file. c. The residential prison diversion program regulatory license holder or other designee shall ensure that any resident who is required to register as a sex offender complies with the requirements of registration in accordance with F.S. and keep documentation of registration in the program records. Section 2. Implementing Administrative Actions. The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary administrative actions to include, but not be limited to, the adoption of administrative forms, policies, procedures, processes and rules. All development orders shall be issued in a manner consistent with controlling law and rendered in appealable form with the City Clerk. Denials of development approvals shall be issued in accordance with controlling law to include, but not be limited to, Section , Florida Statutes. Section 3. Codification. The provisions of this Ordinance, including its recitals, shall become and be made a part of the Bunnell Code of Ordinance and the Sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word; provided, however, that Sections 2, 3, 4, 5, and 6 shall not be codified. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. Section 4. Conflicts. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. Ordinance City of Bunnell, FL 6

41 Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. Effective Date. This Ordinance shall take effect immediately upon enactment. First Reading: Approved on this 14th day of July Second Reading: Adopted on this 28th day of July CITY COMMISSION, City of Bunnell, Florida. By: Catherine D. Robinson, Mayor Approved for form and content by: Attest: Wade Vose, City Attorney Seal: Sandra Bolser, City Clerk Ordinance City of Bunnell, FL 7

42 ORDINANCE AN ORDINANCE OF THE CITY OF BUNNELL, FLORIDA AMENDING THE BUNNELL LAND DEVELOPMENT CODE CHAPTER 22 SITE PLAN REVIEW AND APPROVAL; PROVIDING FOR THE ADOPTION OF MINIMUM STANDARDS OF CONSTRUCTION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City of Bunnell to exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, the Bunnell Land Development Code provides for procedures for site plan review and approval; and WHEREAS, the City does not currently have formal minimum standards for construction; and WHEREAS, said procedures are in need of revision; and WHEREAS, Section (4)(c), Florida Statutes, requires the local planning agency to review proposed land development regulations and amendments, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof; and WHEREAS, the Planning, Zoning and Appeals Board reviewed this Ordinance at its June 17, 2014 meeting and recommends adoption; and WHEREAS, the City Commission of the City of Bunnell finds it is in the best interest and welfare of the citizens of the City to enact this Ordinance; and WHEREAS, the City of Bunnell has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BUNNELL, FLORIDA AS FOLLOWS: Section 1. Amendment to Chapter 22, Land Development Code. Chapter 22 Site Plan Review and Approval, the City of Bunnell Land Development Code is hereby amended as follows: Sec Minimum Construction Standards. (a) Any development or project meeting the requirements of Section 22-3 Applicability in which the roadways and/or utilities will be dedicated to the City shall be constructed in accordance with the Bunnell Standard Construction Details and Notes 2014 Edition or as subsequently amended. City of Bunnell Ordinance

43 (b) A developer may request modification or waiver of a specific minimum standard of construction. The modification or waiver may only be granted by the city commission after a recommendation has been made by the planning, zoning and appeals board. Section 2. Implementing Administrative Actions. The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary administrative actions to include, but not be limited to, the adoption of administrative forms, policies, procedures, processes and rules. All development orders shall be issued in a manner consistent with controlling law and rendered in appealable form with the City Clerk. Denials of development approvals shall be issued in accordance with controlling law to include, but not be limited to, Section , Florida Statutes. Section 3. Savings. The prior actions of the City of Bunnell relating to the regulation of minimum construction standards and related matters are hereby ratified and affirmed. Section 4. Codification. The provisions of this Ordinance, including its recitals, shall become and be made a part of the Bunnell Land Development Code and the Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word; provided, however, that Sections 2, 3, 4, 5, 6 and 7 shall not be codified. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. Section 5. Conflicts. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 7. Effective Date. This Ordinance shall take effect immediately upon enactment. Approved on First Reading, 28 th day of July Adopted on Second Reading, day of August CITY COMMISSION, City of Bunnell, Florida. City of Bunnell Ordinance By: Catherine D. Robinson, Mayor

44 Approved for form and content by: Wade Vose, City Attorney Attest: Sandra Bolser, City Clerk Seal: City of Bunnell Ordinance

45 City of Bunnell, Florida Agenda Item No. E-2. Document Date: 7/17/2014 Amount: Department: Engineering Department Account #: Subject: Ordinance Amending the Bunnell Land Development Code Chapter 22 Site Plan Review and Approval adopting minimum standards of construction. First Reading. Attachments: Please number items as they will appear on the agenda. Agenda Section: 1. Proposed Ordinance. 2. Minimum Engineering Standard Construction Details and Notes E. Ordinance Summary/Highlights: This is a request to amend the Bunnell Land Development Code Chapter 22 Site Plan Review and Approval. This amendment would adopt minimum construction standards for the City of Bunnell. Background: In July 2011, the Planning, Zoning and Appeals Board reviewed an ordinance that would have adopted minimum construction standards for the City. The matter was continued by the PZA Board. Following the July 2011 meeting, City staff attempted to work with the engineer who drafted the original standards to incorporate recommendations from the PZA Board and other sources to create standards which would make sense for Bunnell. However, the matter did not appear on the PZA agenda again and the matter never made it before the City Commission. Staff has reduced the number of pages of proposed regulations from 111 to 79 and worked with other City Departments to draft these standards. The proposed standards are better suited for Bunnell. They represent the needs of the City while also ensuring sound, economically sustainable engineering is practiced within the City. The proposed standards will also ensure uniformity for projects and developments where any roadways and/or utilities will be dedicated to the City. The Planning, Zoning and Appeals Board reviewed this item at their June 17, 2014 meeting and recommended approval. Staff Recommendation: Approval of Ordinance Amending the Bunnell Land Development Code Chapter 22 Site Plan Review and Approval adopting minimum standards of construction. First Reading. City Attorney Review: These are cleared to put on the Commission agenda Approver Name: Approval Status: Date: Sandra Bolser, City Clerk Approved 7/18/2014 Admin Form 6 Revised January, 2014

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101 NOTES: 1. GREASE INTERCEPTOR TANKS SHALL BE DESIGNED AND CONSTRUCTED TO MEET THE STRUCTURAL REQUIREMENTS O FLORIDA ADMINISTRATIVE CODE CHAPTER 64E STANDARDS APPLY TO NEW CONSTRUCTION AND REMODELING. 2. THE CONTRACTOR OR ENGINEER OF RECORD SHALL PROVIDE THE CITY A COPY OF THE GREASE INTERCEPTOR(S) MANUFACTURER'S DETAILED SHOP DRAWING BEFORE APPROVAL FOR INSTALLATION. 3. GREASE INTERCEPTOR SIZING THE EFFECTIVE CAPACITY OF EACH GREASE INTERCEPTOR IS DETERMIEND ON A CASE BY CASE BASIS AND FORMULATED BY THE UTILITY DEPARTMENT. HOWEVER, THE MINIMUM GREASE INTERCEPTOR TANK VOLUME IS 750 GALLONS AND THE MAXIMUM IS 1,250 GALLONS. IF MORE THAN 1,250 GALLONS IS REQUIRED, THEN ADDITIONAL TANKS ARE INSTALLED IN SERIES FLOWING FROM ONE TO THE NEXT. 4. GREASE INTERCEPTOR TANKS SHALL BE INSPECTED UPON JOB SITE DELIVERY AND BEFORE INSTALLATION FOR STATE MANUFACTURING APPROVAL LEGEND OR DOCUMENTATION, DAMAGE AND TANK EFFECTIVE CAPACITY BY THE CITY. 5. GREASE INTERCEPTORS APPROVED FOR INSTALLATION BY THE CITY SHALL BE INSTALLED ACCORDING TO THE STANDARDS AND SPECIFICATIONS. 6. GREASE INTERCEPTOR(S) SHALL BE LOCATED AS TO PROVIDE EASY ACCESS FOR ROUTINE INSPECTIONS, CLEANING AND MAINTENANCE AS RQUIRED BY CITY ORDINANCE AND MEET THE FOLLOWING MINIMUM REQUIREMENTS: a. GREASE INTERCEPTORS SHALL BE TWO COMPARTMENT (2/3 INLET; 1/3 OUTLET), CATEGORY FOUR (C4) TANKS AND CONSTRUCTED OF PRE CAST CONCRETE OR APPROVED EQUIVALENT. b. GREASE INTERCEPTORS SHALL HAVE A PROTECTIVE WATER BASED COATING APPLIED TO THE INTERIOR AND EXTERIOR BY THE MANUFACTURER. THE EXTERIOR SHALL BE COATED TO A THICKNESS OF EIGHT (8) MILS, FOUR (4) MILS EACH COAT. THE INTERIOR SURFACES SHALL BE COATED TO A THICKNESS OF TWELVE (12) MILS, FOUR (4) MILS EACH COAT. THE COATING SHALL BE EQUIVALENT TO CONSEAL CS 55. c. TANK WALLS SHALL BE A 4 THICK C4 PRE CAST CONCRETE OR APPROVED EQUAL FOR ALL TANKS LOCATED IN GREEN (NON TRAFFIC) AREAS. BOLLARDS OR SOME OTHER DEVICE SHALL BE PLACED AROUND THE TANK FOR PROTECTION. WALLS SHALL BE 6 THICK FOR ALL TANKS LOCATED IN TRAFFIC AREAS. d. TANK BOTTOM SHALL BE A MINIMUM 4 THICK C4 PRE CAST CONCRETE OR APPROVED EQUAL FOR ALL TANKS LOCATED IN GREEN AREAS. THE TANK BOTTOM SHALL BE 6 THICK FOR ALL TANKS LOCATED IN TRAFFIC AREAS. e. TANK LIDS FOR TRAFFIC BEARING APPLICATIONS SHALL BE A MINIMUM 8 THICK WITH AN H 20 LOAD RATING. TANK LIDS FOR NON TRAFFIC BEARING APPLICATIONS THAT ARE LOCATED IN GREEN AREAS SHALL BE A MINIMUM 6 THICK. f. TANK BAFFLE WALLS SHALL BE A MINIMUM 4 THICK MONOLITHIC PRE CAST CONCRETE CONSTRUCTION WITH A 6 FLOW THROUGH HOLE LOCATED 12 ABOVE THE FLOOR IN THE BAFFLE WALL. g. ACCESS MANHOLES SHALL BE A MINIMUM 24 DIAMETER AND LOCATED OVER THE INLET AND OUTLET OF EACH INTERCPETOR AND BROUGHT TO FINISHED GRADE IN PAVED AREAS AND 2 ABOVE FINISHED GRADE IN GREEN AREAS. THE MANHOLE COVER LIDS SHALL BE LABELED (GREASE INTERCEPTOR OR GREASE TRAP) AS TO IDENTIFY THE DEVICE. h. TANK PLUMBING SHALL BE A MINIMUM FOUR INCH DIAMETER SCHEDULE 40 PVC. FITTINGS SHALL NOT HAVE LEDGES, SHOULDERS OR REDUCTIONS CAPABLE OF RETARDING OR OBSTRUCTING FLOW IN THE PIPING. THE INLET PIPE INVERT SHALL ENTER THE TANK A MINIMUM OF 2 1/2 ABOVE THE TANK LIQUID LEVEL AND CONNECT TO A SANITARY TEE. A DROP PIPE SHALL BE CONNECTED TO THE INELT TEE AND EXTEND STRAIGHT DOWN, 14 BELOW LIQUID LEVEL. THE OUTLET PIPE SHALL CONNECT TO A SANITARY TEE WITH A DROP PIPE EXTENDING STRAIGHT DOWN FROM THE BOTTOM OF THE TEE TO 8 OFF THE TANK FLOOR. i. TWO WAY SWEEPING CLEANOUT TEES SHALL BE PROVIDED AT THE INLET (INFLUENT) AND OUTLET (EFFLUENT) ENDS OF EACH TANK AND BETWEEN TANKS IF IN SERIES. CLEANOUTS LOCATED IN TRAFFIC AREAS SHALL BE PROTECTED WITH THE INSTALLATION OF A CONCRETE BOX WITH METAL LID (ELEPHANTS FOOT). j. ALL NEWLY INSTALLED GREASE INTERCEPTORS SHALL BE CLEANED OF ANY ACCUMULATION OF WATER, SILT, DEBRIS, OR FOREIGN MATTER OF ANY KIND AND BE FREE OF SUCH ACCUMULATION AT THE TIME OF FINAL INSPECTION. K. UNDER THE SINK UNITS SHALL BE DEEMED GRANDFATHERED UNLESS UNIT IMPROVEMENTS EXCEED 50% OF VALUE. April

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126 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BUNNELL, FLORIDA ACKNOWLEDGING AND ENDORSING THE APPLICATION OF THE BUNNELL DOWNTOWN PARTNERSHIP FOR PARTICIPATION IN THE FLORIDA MAIN STREET PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Main Street Program ( Program ) has been created to assist Florida communities in developing public-private efforts to revitalize their "Main Street" areas, and WHEREAS, the Secretary of State of the State of Florida will select a number of communities to participate in the Program the upcoming year. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF BUNNELL, FLORIDA, THAT: Section 1. Acknowledgement and Endorsement of Main Street Program Submission: The City hereby acknowledges and endorses the submission by the Bunnell Downtown Partnership of the Bunnell Downtown Partnership s application to participate in the Program with the specific goal of revitalization within the context of the Main Street Approach. The City has and will continue to make available to the participants of the Bunnell Downtown Partnership existing planning, development, and visioning documentation on file with the City of Bunnell. Section 2. Severability: If any section, sentence, phrase, word or portion of this resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Resolution not otherwise determined to be invalid, unlawful or unconstitutional. Section 3. Conflicts: All previous resolutions or parts of resolutions in conflict with this resolution are hereby repealed. Section 5. Effective Date: Resolution City of Bunnell

127 That the effective date shall be effective immediately upon adoption. PASSED AND ADOPTED by the City of Bunnell, Florida this 28th day of July, Catherine D. Robinson, Mayor Approved as to Form & Content: Wade Vose, City Attorney Attest: Sandra Bolser, City Clerk Seal: Resolution City of Bunnell

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134 City of Bunnell, Florida Agenda Item No. F-1. Document Date: 7/21/2014 Amount: $ Department: Denise Calderwood Account #: Subject: Participation in the Florida Main Street Program Attachments: Please number items as they will appear on the agenda. Agenda Section: 1. Resolution F. Resolution Summary/Highlights: Background: Staff Recommendation: City Attorney Review: City Attorney Vose revised the proposed Resolution Approver Name: Approval Status: Date: Sandra Bolser, City Clerk Approved 7/21/2014 Admin Form 6 Revised January, 2014

135 City of Bunnell, Florida Agenda Item No. G-1. Document Date: 7/22/2014 Amount: $ Department: Commissioner Tucker Account #: Subject: Attachments: Please number items as they will appear on the agenda. Agenda Section: Discuss the financial affairs of the City and recommendations by the City Manager. N/A G. Old Business Summary/Highlights: I would like to discuss the following items: 1. A 10% reduction in the Commissioners and Mayor s pay 2. Annual Police Budget under $695, In the future, use Mid-Size, V-6, 4 door sedans for police autos 4. Cease using Police Department autos for commuting between home and work, unless the officer lives in the Bunnell City limits. 5. Use Surplus Sedan for K-9 carrier. Pull out the back seat, screw down plywood, carpet, expanded metal panel between officer and K-9 6. Discussion of additional items as may be recommended by the City Manager Background: At the 07/07/2014 Special Meeting the Commission voted to accept the City Manager s recommendations for the following: Eliminate Code Enforcement and Neighborhood Ambassador for $30,000 Eliminate the Lobbyist position for $36,000 Freeze all salaries at two percent Implement a hiring freeze for all non-essential positions, except for the Finance Director Cancel the police vehicle grant at $40,000 Charge back a portion of the City Manager, Finance Director, Accounting personnel, HR, City Clerk s office and Legal to the enterprise funds for $64,000-$128,000 Charge a portion of the Finance Department to BFCU at $25,000 Freeze all nonessential spending; cancel all events for the remainder of 2014 and 2015 Eliminate the Humane Society s contract effective immediately Elimination of the Grants Department and the Police Department was to be brought back for discussion at the July 21 st Special Meeting to give the Department s time to cut their budgets. However, that meeting was canceled. Staff Recommendation: Commission Direction City Attorney Review: Click here to enter text. Approver Name: Approval Status: Date: Sandra Bolser, City Clerk Approved 7/22/2014 Admin Form 6 Revised November 14, 2013

136 City of Bunnell, Florida Agenda Item No. G-2. Document Date: 7/22/2014 Amount: $ 29, Department: Grants, Community Projects - Judi Stetson Account #: Subject: Attachments: Please number items as they will appear on the agenda. Agenda Section: USDA Rural Development Authorizing the Police Car Grant Match Funds from Dedicated Funds G. Old Business Summary/Highlights: Authorizing the match funds for the USDA Rural Development 2 new police vehicles and 2 in car computers. Background: The Police Department is in need of 2 new police vehicles. The USDA has a Rural Development Community Facilities grant that has awarded the City $36,600 grant dollars at 55% of the cost and the city is responsible for 45% at a cost of $29, Quotes for the vehicles and accessories have been obtained and costs are as follows from State Contracts: 2014 Dodge Charger $27, Chevrolet Tahoe Police 2wd / K9 package $35, Computer Packages for 2 cars Total - $66, $1, x 2 = $2, The original grant match funds were planned to come from both Law Enforcement Trust Funds and Local Discretionary Sales Surtax revenue. $29, Match $18, Law Enforcement Trust Funds minimum more if available for use $11, Maximum from Local Discretionary Sales Surtax The Law Enforcement Trust Funds are separate dedicated funds that are not part of the General Fund. The Local Discretionary Sales Surtax is dedicated revenue used on Capital projects for the City. The City of Bunnell held a Financial Workshop on July 7 th where Commission voted to not move forward with this grant as the match funds were noted savings of $35,000 from the General Fund. Match funds for this grant were not planned to come from the General Fund. Staff Recommendation: Staff is recommending that the Commission authorize match funds from dedicated sources and utilize the approved USDA Police Car grant. City Attorney Review: Click here to enter text. Approver Name: Approval Status: Date: Sandra Bolser, City Clerk Approved 7/22/2014 Admin Form 6 Revised November 14, 2013

137 Additional information will be forwarded after the bids are received and reviewed City of Bunnell, Florida Agenda Item No. H-1. Document Date: 7/23/2014 Amount: Department: Community Development Department Account #: Subject: Attachments: Please number items as they will appear on the agenda. Agenda Section: Request approval to award roof repair and roof replacement on main building at the Old Heritage Building/ new City Hall 1. Bids will not be opened until July 25. H. New Business Summary/Highlights: This is a request to award the roof repair and roof replacement on the main building at the new City Hall. Background: Currently there are two separate roofs on the main building at the new City Hall complex. A roofing company that has been on the roof advised staff the front section can be repaired and the rear cannot. At the July 14, 2014 Commissioners directed staff to publish RFP s to accomplish the tasks needed to get the building ready for occupancy, and return with the results in two weeks. On July 18 th, staff posted a roof repair/ replacement RFP on Demand Star, and the city website. We also notified roofers who had given roof proposals to the previous owner of the property. We also notified our local roofing companies. We gave a deadline for proposals of July 25. That means the evaluation of the proposals will be done between July 25 and July 28, and will not be ready for inclusion in Commissioners packets. Staff will have the evaluation for Commissioners to present at the meeting. Staff Recommendation: Approval to award roof repair and roof replacement on main building at the Old Heritage Building/ new City Hall to the lowest price qualified bidder. City Attorney Review: Approver Name: Approval Status: Date: Sandra Bolser, City Clerk Approved 7/23/2014 Admin Form 6 Revised January, 2014

138 Additional information will be forwarded after the bids are received and reviewed City of Bunnell, Florida Agenda Item No. H-2. Document Date: 7/23/2014 Amount: Department: Engineering Department Account #: Subject: Request approval to award RFP # City Hall Interior Alterations Bid, 201 W. Moody Blvd. Attachments: Please number items as they will appear on the agenda. Agenda Section: 1. Bids will not be opened until July 25, 2 PM. H. New Business Summary/Highlights: This is a request to award the Interior Alterations Bid on the main building at the new City Hall. Background: At the July 14, 2014 Commissioners directed staff to publish RFP s to accomplish the tasks needed to get the building ready for occupancy, and return with the results in two weeks. On July 18 th, staff posted a City Hall Interior Alterations (Remodeling) RFP on Demand Star and the Daytona Beach News Journal. We also notified Contractors who had provided quotes by invitation, the method that was rejected by the City Commission on 07/14/14. That means the evaluation of the proposals will be done between July 25 and July 28, and will not be ready for inclusion in Commissioners packets. Staff will have the evaluation for Commissioners to present at the meeting. Staff Recommendation: Approval to award the City Hall Interior Alterations Bid RFP# to the lowest price qualified bidder. City Attorney Review: Approver Name: Approval Status: Date: Sandra Bolser, City Clerk Approved 7/23/2014 Admin Form 6 Revised January, 2014

139 City of Bunnell, Florida Agenda Item No. H-3. Document Date: 7/2/2014 Amount: $ 48, Department: IT Account #: Building Fund Subject: Network Infrastructure New City Hall Attachments: Please number items as they will appear on the agenda. Agenda Section: 1. Staff narrative / report 2. Various Quotes and backup. H. New Business Summary/Highlights: Background: The property being purchased by the City for a new City Hall, was originally wired for a network using both copper and fiber optic cabling. When a prior tenant or owner left the property they removed some of the equipment necessary for the network. This agenda item addresses repairing the existing cabling, then purchasing the necessary equipment to establish an enterprise network within the property. Purchase Orders: 1. Repair Existing: Purchase equipment racks, patch panels, wire management, power distribution, uninterruptable power supplies for the 3 buildings. 2. Repair Existing: Vendor to terminate and test existing Cat 5e and fiber optic cabling in all 3 buildings. 3. New: Purchase network switches and wireless access points for all 3 buildings. 4. New: Purchase 4 network firewalls. Staff Recommendation: 1. Issue a Purchase Order to CDWG in the amount of: $7, Issue a Purchase Order to CNC Communications, Inc. in the amount of: $9, Issue a Purchase Order to Empire Computing and Consulting in the amount of $15, Issue a Purchase Order to v Tech io in the amount of $14, Or receive direction from the Board on how to proceed. City Attorney Review: Finance Department Review/Recommendation: Commission Direction Approver Name: Approval Status: Date: Patty Larkin, Finance Director Approved 7/3/2014 Sandra Bolser, City Clerk Approved 7/3/2014 Admin Form 6 Revised January, 2014

140 City of Bunnell, Florida Agenda Item No. H-4. Document Date: 7/3/2014 Amount: $500 up front $ 17,400 annually Department: IT Account #: Various Subject: Telephone System in the new City Hall Attachments: Please number items as they will appear on the agenda. Agenda Section: 1. Staff narrative and analysis of the different systems. 2. Bright House terms and conditions. H. New Business Summary/Highlights: Selection and implementation of a telephone system for use in the new City Hall. Background: The complex the City is investigating purchasing has an existing NEC phone system. The product line of this system is no longer in production. Components to perform an upgrade of this system are available as refurbished or aftermarket and availability of parts cannot be guaranteed. Currently there is only 1 phone in the complex. The intent is to relocate several City departments within the new complex. Currently these departments have a variety of phone systems. This proposal selects a phone system with Auto Attendants, Voice Mail, and other features for use by all departments in the city hall. Staff Recommendation: Staff recommends implementing Bright House hosted voice and dedicated internet access for the new complex. Staff further recommends utilizing the optional services indicated in the backup, and bundling services into the existing Public Works building. This will provide 4 digit dialing between departments, and call transfer to better serve the City s customers. City Attorney Review: Finance Department Review/Recommendation: Commission Direction Approver Name: Approval Status: Date: Patty Larkin, Finance Director Approved 7/3/2014 Sandra Bolser, City Clerk Approved 7/4/2014 Admin Form 6 Revised January, 2014

141 City of Bunnell, Florida Agenda Item No. H-5 Document Date: 7/18/2014 Amount: $ Department: City Manager Account #: Subject: Approve the surplus sale of the Modular units at 201 W. Moody and other items as noted. Attachments: Please number items as they will appear on the agenda. Agenda Section: N/A H. New Business Summary/Highlights: Staff request the Commissions approval to the surplus sale of the modular units at the new City Hall property. Background: Staff Recommendation: City Commission Direction City Attorney Review: Approver Name: Approval Status: Date: Sandra Bolser, City Clerk Approved 7/18/2014 Admin Form 6 Revised January, 2014