City of Brooksville

City of Brooksville 201 HOWELL AVENUE

BROOKSVILLE, FLORIDA 34601-2041 (352) 540-3810

Pat Brayton Robert Battista VICE MAYOR Council Member

Betty Erhard William Kemerer Council Member Council Member

Joe Bernardini MAYOR

“The City of Brooksville’s mission is to provide superior municipal services in a reliable, efficient, fiscal and socially effective manner, making Brooksville a desirable City to live, work, and visit.”

CITY COUNCIL AGENDA

MARCH 2, 2020

REGULAR COUNCIL MEETING - 7:00 P.M.

VOSE LAW FIRM, LLP MARK A. KUTNEY JENNIFER J. BATTISTA, CMC CITY ATTORNEY CITY MANAGER CITY CLERK

GENERAL INFORMATION AND INSTRUCTIONS In addition to items listed as "Public Hearings", the Mayor will ask for comments from the public, usually requesting that anyone desiring to speak on an item, raise their hand. To insure that sufficient time is allocated for each item, unless extended by the City Council, representatives of the applicant/petitioners will have ten (10) minutes for presentation, and five (5) minutes for rebuttal. In addition three (3) minutes will be scheduled for others to provide additional comments. When recognized by the Mayor, please approach the podium and speak into the microphone, stating your name, address, if you are a citizen that lives in the Brooksville City limits, and then present the information you desire. A special time period called Citizen Input is also scheduled following the Presentations and Regular Agenda items for those desiring to address the City Council. Items listed in the "Consent Agenda" will be approved by Council in their entirety by a single motion, indicated by the (√) symbol, unless otherwise indicated by Council. Other agenda items are considered individually. Consideration of the item identified on this agenda with an asterisk (**) is a quasi-judicial function of the Council involving land use, and the following procedures apply:

Disclosure of any ex parte communications by Council members. Consideration of applications to intervene as a party, if any. “Request to

Intervene/Expert Witness” forms and instructions may be obtained from the recording secretary prior to the scheduled time for consideration of the item.

Qualification of sworn witnesses who wish to testify as an expert, based on statement of credentials made orally or set forth in application file.

Swearing of witnesses who wish to give sworn testimony. Testimony of City staff witnesses, with cross-examination by applicant and party-

interveners, if they request. Testimony of applicant and applicant’s witnesses, with cross-examination by

Council and party-interveners, if they request. Testimony of party-interveners and their witnesses, with cross-examination by

Council and applicant, if they request. Testimony by members of the public who wish to address application. Any

individual, not requesting/designated as an intervening party or expert witness may, upon being recognized by the Mayor, present information to the Council, and may be questioned by the Council but is not required to be subject to cross examination, and need not be sworn in.

Close of public hearing. Council deliberation/vote.

Items identified with a double asterisk (**) are quasi-judicial functions of the City Council other than land use; the Council Members disclose any ex parté communications. In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact Lynn Sosa, ADA Coordinator, no later than 48 hours in advance of the meeting at (352) 540-3810. Meeting agendas and supporting documentation are available from the City Clerk’s office, and online at www.cityofbrooksville.us. Any person desiring to appeal any decision with respect to any matter considered at this meeting, may need a record of the proceedings including the testimony and evidence upon which the appeal is to be based, and therefore must make arrangements for a court reporter to ensure that an admissible verbatim record of the proceedings is made.

NEED

CITY OF BROOKSVILLE REGULAR CITY COUNCIL MEETING

JOSEPH E. JOHNSTON III COUNCIL CHAMBERS 201 HOWELL AVENUE

7:00 pm ORDER OF BUSINESS

March 2, 2020 Page 1 of 5

March 2, 2020 A. CALL TO ORDER

B. INVOCATION AND PLEDGE OF ALLEGIANCE

Pastor Patria Dye, Unitarian Universalist Church In The Pines, Brooksville C. APPROVAL/MODIFICATIONS OF THE AGENDA (Limited to City Council and City Manager) D. CERTIFICATES AND PROCLAMATIONS 1. Margaret Ghiotto Residential Award ………………………………… PAGE 1 159 Mt. Fair Ave. – William and Erin Sullivan Presentation by: Beautification Board Chairman/Members Attachment: Certificate

E. PRESENTATIONS AND APPOINTMENTS

1. Chucochatti/Chocochatti Archeological ……………………….. PAGE 2 Documentation Project Presentation of project to conduct studies concerning cultural resources on Brooksville Cemetery property and requesting site access to perform studies.

Presentation by: Historic Hernando Preservation Society and Gulf Archaeology Research Institute Attachment: Request letter dated 2/20/20;description; Map(s)

2. Brownfields EPA Assessment Grant Update Presentation by: Miles Ballogg, Cardno Attachment: Not available at time of agenda distribution

3. Update – Fire Inspection Program

Presentation by: Fire Chief

Attachment: Power Point to be presented at meeting F. CITIZEN INPUT [limited to 3 minutes per speaker]

[NOTE: Input can be on any subject, whether or not on the agenda. However, input regarding ordinances and resolutions will be accepted now and at the time those issues are presented at the meeting. Testimony and evidence related to quasi-judicial matters will be heard at the time it is introduced.]


G. RESPONSE BY CITY MANAGER AND STAFF/COUNCIL H. CONSENT AGENDA

1. Minutes

a. January 6, 2020 – Special Meeting ………………………… PAGE 18 b. January 6, 2020 – Regular Meeting………………………… PAGE 36 c. January 27, 2020 – Special Meeting………………………… PAGE 47

2. Sunstate Meters and Supply- Piggyback …………………… PAGE 59 with Hernando County Approval to piggyback on the Hernando County contract with Sunstate Meter & Supply, Inc. to purchase radio read meters and associated equipment through April 2021, which is the conclusion of the contract extension, and approval for Mayor to execute the Mutual Consent Agreement. The cost of each meter is $182.00 each.

Attachment: Memo dated 3/2/20 from Interim Utilities Director

w/attachments

3. Sole Source Purchase – lift station motors…………………… PAGE 116 Approval of purchase of four lift station motors in the amount of $27,880.00 for the motors and $3,176.00 for fitted hardware for installation parts after seven-day City website posting in compliance with Section 2-303 (c) of the City of Brooksville Code of Ordinances and Section 287.057(3)(c), Florida Statutes.

Attachment: Memo dated 3/2/20 from Interim Utilities Director

w/attachments

I. DISCUSSION OF CONSENT AGENDA ITEMS (IF ANY) J. PUBLIC HEARING 8:00 p.m.

1. Ordinance No. 917 - Flagstone Pavers – Rezoning…………….. PAGE 126 Second and Final Reading * Entry of Proof of Publication into the Record * Poll Commissioners for Ex Parte Communications * Administer Oath to All Persons Intending to Speak * Adoption of Agenda Backup Materials into Evidence Requesting rezoning from City of Brooksville PDP-4 (Planned Development Project-Industrial), Hernando County PDP (L1) (Planned Development Project – Light Industrial) and Hernando County AG (Agricultural) of the City of Brooksville PDP-4 (Planned Development Project – Industrial). The property is composed of 12 parcels, contains approximately 49.8 acres and is located north of West Fort Dade Avenue and east of Cobb Road. [Advertised in 2/21/20 edition of Tampa Bay Times]

Presentation: City Planner Recommendation: Approval of Second and Final Reading of

Ordinance No. 917 upon roll call vote Attachments: Memo dated 3/2/20 from City Planner

w/attachments


8:00 p.m. 2. Ordinance No. 918………………………………………………. PAGE 173

Absence of the Mayor Ordinance Change – Second and Final Reading (First Reading 2/3/20) * Entry of Proof of Publication into the Record Clarification of duties and responsibilities of the mayor, vice-mayor and mayor pro-tem as contained in Section 2-62 of the City of Brooksville Code of Ordinances. [Advertised in 2/21/20 edition of Tampa Bay Times]

Presentation: City Attorney Recommendation: Approval of Second and Final Reading of

Ordinance No. 918 upon roll call vote Attachments: Memo dated 3/2/20 from City Attorney

w/attachments 8:00 p.m.

3. Ordinance No. 919 – Charter Referendum……………………… PAGE 179 Second and Final Reading (First Reading 3/2/20) * Entry of Proof of Publication into the Record Proposing an Amendment to the Charter of the City of Brooksville that clarifies that approval from the City Council is required for any budget transfer of appropriated funds during a fiscal year to expenses of the department to which the funds were appropriated in the City’s adopted budget. [Advertised in 2/21/20 edition of Tampa Bay Times]

Presentation: City Attorney

Recommendation: Approval of Second and Final Reading of Ordinance No. 919 upon roll call vote

Attachments: Memo from City Attorney w/attachments

8:00 p.m.

4. Resolution No. 2020-04 – Alcoholic Beverage License ………….. PAGE 199 Mountaineer Coffee – 26 South Broad Street Consideration of petition in relation to criteria of Article II and Article IV of the City of Brooksville Land Development Code for receiving a 2-COP Alcoholic Beverage Permit and approval of Resolution 2020-04 [Advertised in 2/21/20 edition of Tampa Bay Times]

Presentation: City Planner Recommendation: Approval of Resolution No. 2020-04

upon roll call vote

Attachments: Memo dated 2/7/20 from City Planner w/attachments


5. Ordinance No. 914 - PPTF – Substituted Trust Second and Final Reading (First Reading 10/7/19)

* Entry of Proof of Publication into the Record Consideration of adoption of Second and Final Reading of Ordinance for PPTF substituted trust. Advertised in the 10/25/19 edition of the Tampa Bay Times] [Continued from 2-3-20]

Presentation: City Attorney

Recommendation: Approval of Second and Final Reading of Ordinance No. 914 upon roll call vote

Attachments: Memo dated 2/3/20 from City Attorney w/attachments

TO BE DISTRIBUTED SEPARATELY

K REGULAR AGENDA

1. Resolution No. 2020-05 - Rename “Wood Drive” to ……….. PAGE 207 “Pastor Irene Wells Way”

Consideration of Resolution No. 2020-05 to change street name. Presentation: City Planner Recommendation: Denial of Resolution and/or Consideration of alternatives provided vote

Attachments: Memo dated 2/21/20 from City Planner w/attachments 2. Request to install fence at Olive Street Cemetery Property…… PAGE 231

Approval to for property owner to replace and install a new fence at Olive Street Cemetery to be paid for with funds donated to the City, authorize White Fence Company to obtain any and all needed permits to install the fence and authorize City staff to maintain the fence once installed.

Presentation: City Manager

Recommendation: Approval Attachments: Memo dated 3/2/20 from City Clerk w/attachments 3. Amended and Restated Resolution 2020-02 …………………… PAGE 245 Changing composition to Beautification Board

Approve Amended and Restated Beautification Board Resolution No. 2020-02 (approved 1/86/20). decreasing the composition of the board to six (6) members, with the Council Member making it seven voting members.

Presentation: City Clerk Recommendation: Approval of Amended Res. 2020-02 Upon roll call vote

Attachments: Memo dated 3/2/20 from City Clerk w/attachments


4. Assessment Management (Paving) plan …………………….. PAGE 252 Approval to proceed with core samples on certain streets.

Presentation: Interim Public Works Director Recommendation: Approval Attachments: Memo dated 3/2/20 from Interim Public

Works Director w/attachments

5. Oxidation Ditch – Task Order - Coastal Engineering………… PAGE 259 Approval of Task Order FY19/20 – 02 with Coastal Engineering to proceed with the proposed Scope of Work, (A) Design and Permitting, and (B) Bid Phase for Oxidation Ditch #2 at a cost of $190,045 for the William S. Smith Water Reclamation Facility

Presentation: Interim Public Works Director Recommendation: Approval Attachments: Memo dated 2/19/20 from Interim

Public Works Director w/attachments L CITIZEN INPUT [limited to 3 minutes per speaker] M. RESPONSE BY CITY MANAGER AND STAFF/COUNCIL N. ITEMS BY CITY ATTORNEY

O. ITEMS BY CITY MANAGER

1. Updates on on-going Council directives

Verbal discussion only – Fowl in residential/commercial zonings

P. STAFF UPDATES (IF ANY)

Q. ITEMS BY COUNCIL

R. ADJOURNMENT

CORRESPONDENCE TO NOTE ………………….. PAGE 287

1. January, 2020 Monthly Reports – Main Street Program (Received February 15, 2020) 2. Resignation dated 2/18/20 from Laurie Spring from Beautification Board 3. Memo dated 2/25/20 from Property Appraiser regarding Freedom Gardens Phase I (as

discussed at 2/25/20 Special Meeting 4. Approved 12-10-19 Beautification Board Minutes (as directed, in binder in Council office)

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AGENDA ITEM N0.

WM|Gulf|ArchaeplogyResearch

1 InstituteConnecting Hie pnst to oiirfiitiire.

5990 North Tallahassee Road

Crystal River, FL 34428

(352)464-4274

gulfarchaeology.org

February 20, 2020

Vice-Mayor Pat Brayton

City Hall - Joseph E Johnston

201 Howell Avenue

Brooksville, FL 34601

Council Chambers, First Floor

Dear Vice-Mayor Brayton and City Council Members,

On behalf of the Gulf Archaeological Research Institute (GARI), 1 am requesting permission from the City

Council to conduct preliminary archaeological testing on the City of Brooksville property, located north of

the Brooksville Cemetery. This testing, which would include metal detecting, soil core sampling, and

shovel test surveys, will be conducted for the purposes of GARI's Chucochatti Archaeological

Documentation Project (see Research Design attached). In April 2019, the City Council granted GARI

access to conduct archaeological testing of the City property on Emerson Road, south of the cemetery, to

aid this project. Our investigations of the Emerson Road property, along with further archival research

and ongoing surveys of an adjacent FDOT property to the east, have led us to expand our initial study area

to include the Brooksville Cemetery.

GARI is very aware of the Council's misgivings regarding the sensitive nature of this request. We would

like to assure the Council that GARI would never intrude on the sanctity of any burial. As such, we have

placed our proposed study area of the cemetery property well outside the vicinity of any visible graves,and are currently in communications with both the Cemetery Advisory Committee, and the City Manager

to obtain the precise locations of all active burial sites throughout the property, including any "natural,"

or "green" burial areas. Upon receipt of these records, GARI will amend the projected study area

boundaries as necessary in order to avoid any potential burial sites well before any ground disturbing

activities are performed.

1 have attached a map of the Brooksville Cemetery property and vicinity, including the location of our

proposedstudytractofthewooded area, north ofthecemetery. OncetheCity Manager'soffice providesme with records of active burial areas, 1 will be able to provide the Council with more explicit survey

boundaries. It is GARI's mission to investigate each site with the most minimally invasive methods

available. Therefore, all ground disturbing activities conducted in these areas will be strategic and

discrete. Soil coring will be performed before any test units are excavated to detect any disturbed soils.


Shovel test units (2'x2') will be excavated to a maximum depth of 36" and will be immediately back filled

after complete documentation. Should any material culture be recovered, it will be documented,

numbered, and brought to our lab for processing and analysis before being permanently curated in the

appropriate State/Federal/Tribal curation facility, in accordance with the Secretary of the Interior's

Standards for Archaeology and Historic Preservation. At the conclusion of the project, a cumulative

technical report including archaeological field survey findings for all included properties, complete GIS

documentation, and a National Register of Historic Places Nomination form, will be prepared. This reportwill be submitted to the National Park Service and the Florida SHPO no later than November 30, 2020.

1 thank the Vice-Mayor and City Council Members for your time and consideration in this matter, and look

forward to answering any further questions or concerns you may have regarding this request at the City

Council Meeting on March 2, 2020.

Sincerely,

Jill Principe

GARI Research Associate


Archeological Research DesignNovember 16, 2018

Chucochatti Archaeological Documentation ProjectGrantAgreement P18AP00518

CHUCOCHATTI ARCHAEOLOGICAL DOCUMENTATION PROJECT

Submitted to:

THE UNITED STATES DEPARTMENT OF THE INTERIORNATIONALPARKSERVICE

AMERICAN BATTLEFIELD PROTECTION PROGRAM1849 C STREET, NW, MS 7228

WASHINGTON, DC 20240

Submitted by:

GULF ARCHAEOLOGY RESEARCH INSTITUTE5990 N. TALLAHASSEE ROAD

CRYSTAL RIVER, FLORIDA 34428

STATEMENT OF PURPOSE

The project will use multiple, complimentary research methods to evaluate the nature and extentof Chucochatti Town (8He270), the largest Seminole refuge town in central Florida. In

partnership with the Seminole Tribal Historic Preservation Office (THPO) and Historic HernandoPreservation Society, GulfArchaeology Research Institute (GARI) will conduct intensive historic,ethnographic, and archaeological research to locate and identify the town, and perform asystematic archaeological field survey. The primary goals of the project are to discern the role ofChucochatti prior to and during the Second Seminole War (1835-1842), its value in personnel,supplies, and logistics for the Seminole combatant forces, and its targeted destruction by theUnited States Army. The project will result in the development of military terrain (KOCOA) mapsillustrating the attack and destruction of Chucochatti Town, both locally, and within the largercontext of the Central Florida Campaign; as well as the production of a comprehensive technicalreport that includes GIS documentation, and a completed National Register of Historic Places

(NRHP) nomination form for the site.

ARCHEOLOGICAL RESEARCH DESIGN

Task 1.0 Perform Historical and Research

Chucochatti is located in southeast Brooksville, in Hernando County, Florida, adjacent to a ruralcorridor connecting the town of Brooksville to Interstate 75. It is associated with the ChucochattiHammock,a5-6milewide hammockfragmentofthe larger"BigHammock" region that stretches


Archeological Research Design

November 16, 2018Chucochatti Archaeological Documentation Project

GrantAgreement P18AP00518

over portions of the Brooksville Ridge in Citrus, Hernando, and Pasco counties. As of yet, the

precise location of the town within the 1,000 acre study tract is unknown. The 1847 GeneralLand Office surveyor plat map of hlernando County Township 22 South, Range 19 East (below)shows "Choocachattie" in Section 26, at the north end of a large prairie known locally asChucochatti Prairie. Historic military maps from the 1820's and 1830's, however,show Chucochatti at various locations at the north end, northeast corner, or just to the east ofthe Chucochatti hammock, at the intersection of roads from Pilaklikaha to the east andTomokitchky to the south, and a military road that headed north to Lake Lindsay.Combined, the maps and plats tend to suggest possible movements, or relocations, of the townovertime.

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Chucochatti (the spelling of which has been variously rendered throughout historica! record) wasestablished in 1767 by a migrant band of settlers from the Lower Creek town of Eufaula, togetherwith a number of emigrants from other nearby Creek-speaking towns, and Yamasee andApalachee refugees (Sturtevant and Cattelino 2004: 431). They settled in the fertile BigHammockregion, northeastofTampa Bay, and gave theirtown the nameof Tcuko Tcati, or "Red

House" (Swanton 1922:403). Chucochatti quickly became a thriving settlement and trading postof regional significance, and at the opening ofthe 19th century, it was considered as the "seat ofthe Seminole Nation" (Boyd 1958: 89). Strategically located at a crossroads connecting multipleSeminole settlements and cattle drive routes: north to Alachua, south to Tampa Bay, west to theGulf, and east to Volusia and the St. John's; Chucochatti served as a central reservoir of resourcesfor the Seminole of Central Florida.





The acquisition of the Florida territories by the United States and the resulting appointment ofGeneral Andrew Jackson as provisional governor, however, did not bode well for Chucochatti.When Jackson enlisted the services of Coweta Creek raiding parties to decimate Seminole, BlackSeminole, and various Maroon settlements throughout western Florida in 1821, Chucochatti lostapproximately half of its population when Coweta raids "carried off or dispersed about 60 Negroslaves and a large stock of cattle and horses" (Boyd 1958: 89). Despite this loss, the settlementremained successful, for a time. In 1823, Jackson's Indian Agent Horatio S. Dexter, described thetown of Chucochatti (illustrated below as "Chucachate") as consisting of a five mile widehammock surrounding a savannah of 180 acres. Within the hammock were observed two clearedagricultural fields of 320 acres in size, approximately 20 houses inhabited by Seminoles, the chiefof whom was Sinaha, 90 horses, 160 head of cattle, and a large number of hogs. Dexter alsonoted that there was an "unusual" surplus of corn from previous harvests (ibid).

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A mere two years after Dexter's visit, however, Captain Isaac Clark reported that Chucochatticontained less than 50 individuals and only one small cultivated field for subsistence (Clark inCarter, ed. 1958:154). One year later, in 1826, Governor Duval informed Superintendent ThomasL. McKenney that the once fertile land of the Chucochatti hammock had been "exhausted bycultivation," becoming "poor, unhealthy, [and] with no water fit to drink" (Duval in Carter, ed.1958: 446). Owing to food shortages and slave raids by newly arriving white settlers during thelate 1820's and 1830's, conditions at Chucochatti continued to deteriorate. In 1835, Chief Sinahaaccepted the United States' terms of removal, agreeing to relocate to Oklahoma, and moving alarge number of his people to Fort Brooke for emigration. It would appear, however, that some



Chucochatti Archaeological Documentation Project


of the Seminole refused to abandon Chucochatti. After Sinaha's band departed, the old fields ofChucochatti were assimilated by Tiger Tail, a prominent figure in the Seminole occupation anddefense of the Cove of the Withlacoochee.

Chucochatti's status as an ancestral talwa, or tribal town, may have contributed to its continuedoccupation and use by mobile combatant forces. Despite its diminishing capacity and influence,Chucochatti remained a matter of concern to the U.S. military throughout the duration of theSeminole Wars, and was routinely noted on U.S. military maps ofthe period. The Seat of Warmap from 1836, below, depicts the town as "Chicuchatty."

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Map of the Seat of War in Florida, 1836

The destruction of the town of Chucochatti was an important military objective to GeneralWinfield Scott, who delegated a specific wing of his campaign to its destruction. In March andApril of 1836, Gen. Scott focuses on routing the Seminoles by devising a 3-prong attack on theCove of the Withlacoochee stronghold. Generals Scott and Clinch moved south from Fort Drane,while General Eustis moved westward from Volusia, and Colonel Lindsay marched north fromFort Brook to Chucochatti. On the march, Lindsay was harassed by several groups of Seminolethrough the entire southern half of the Big hlammock region en route to Chucochatti, but found



ChucochattiArchaeological Documentation Project


the town itself abandoned. Lindsay's men remained for eight days before returning to Tampadue to a lack in provisions. On April 4,1836, they set fire to the Chucochatti prairie and town.

During the closing years of the war, the remaining Seminole fled southward to the Everglades,leaving the Chucochatti hammock area to be overrun by the military and white settlers, as roadswere expanded around the Big Hammock, and Forts Cross, Annutteliga, and DeSoto wereconstructed. The transition was completed in 1842, when John Curry's party of 159 settlersmigrating south from the Arredondo Spanish Grant area, settled at Chucochatti and begancultivating the fields of Tiger Tail as their own (Patrick 1842). Members of the party would go onto establish the Chucochatee, Annuttaliga, and Homosassa settlements, which would form thefoundation of Hernando County.

The project has already conducted extensive historical research into the contemporary militaryreports and records surrounding the Chucochatti. And, in partnering with the Historic HernandoPreservation Society, GARI has made significant headway in local archival and ethnographicresearch, as well. This research is ongoing and will continue concurrently with the proposed tasksbelow.

Task 2.0 Perform Natural History Research

This study will develop a field strategy based upon historical research, natural history research,and landscape analysis. Relevant physical science data will be compiled to create an ecologicalcontext for the project area. The study will identify and analyze all extant USGS maps, aerial

photographs, Soil Surveys, and Wetland Inventories, related to the project area and its environsto further target survey coverage and determine the most appropriate investigative methodologyfor field work. Before any field strategy can be developed, a preliminary pedestrian survey andlandscapeanalysisofthe projectarea will be conductedtoassessspecificvariables relatedtowaterinundation, encumbering vegetation, property demarcations, etc., that may impede theinvestigation, and allow for the identification of any visible defining cultural features which may be

present.

In addition to natural history research and field sun/ey reconnaissance, a systematic soil core testing

program will also be conducted throughout portions of the project area. This judicious, yetminimally invasive mode of testing, will enable the establishment of a base line subsoil register forthe project area. Analysis of the soil register will facilitate a better understanding of the unique

geomorphology and soil deposition of the site, and aid in distinguishing anthropogenic, natural,and re-deposited soils.

Task 3.0 Predict Defining Features

The town layout is unknown, but will likely reflect the social organization of several culturalsystems, including Creek-Eufaula and Mikasuki matrilineal descent, as well as African, andAfrican Euro-American patrilineal, relative to domestic economy, trade, sociopolitical dynamics,

population demographics, and environmental factors. The core ofthe town likely had traditional





Creek-Eufaula components, including the square ground, chief's house, one or more councilhouses, grounds for busk dancing and chunkey, and a communal field.

Based upon historical research of contemporary accounts, the current project anticipates theencounter of the following potential defining cultural features:

CeremonialSquare ground, with accompanying structures - square plaza of cleared earth, soil swept clean,or "clean" sand added to purify, containing central fireplace or hearthTown or Council house - round, pole frame structure with substantial posts and beams, anddaub walls; may be sunk into groundHot house - built into clay or down to bedrockGreen corn/busk ceremonial ground - in square ground, or separate, cleared earth with centraltotem poleChunkey yard - rectangular playing area of cleared earth; may be delimited by low berm ofearth; central totem pole (post hole); additional goal posts at one endBu/'/ote- under house; on raised platforms

Main ResidentialFamily houses - in clusters per family size and clan membership; house style may vary:

Lean-tos - may not be archaeologically visibleLog cabins - square to rectangle with single or double pen plans with log walls and roof ofshakes or slabs of split wood; joists set on stone or brick pylons; logs notched or hewedand squared; clay and rock used for chinking, hides for interior insulation; chimney ofwood covered in clay, stone, and/or brickWood plankframed houses onjoists - square to rectangular, joists on stone/brick pylons;clay, stone, or brick chimney; planks held by medium and heavy duty wrought nailsPoleframe house - square to rectangular, vertical posts set in postholes or wall trenches;walls of light trellis work, or covered by daub, and/or hidesChickee - Pole frame house, rectangular, single family, vertical wood posts or standing

palms/pines forming the pole frame; cut and split palms/trees forming elevated floor;thatch roof; attic-like space for storage

Maroon houses/cabins - likely spatially separate from family houses; may be larger and betterconstructedNon-clan/moiety member or Refugee houses/cabins - likely spatially separate from familyhousesSlave houses/cabinsSpecial use/limited function structures - likely isolated or spatially distant from family clustersand square ground

Secondary ResidentialSummer houses


Archeological Research Design Chucochatti Archaeological Documentation Project

November 16, 2018 Grant Agreement P18AP00518

Winterlodges with kitchensGranaries - elevated floorsWarehousesCorncribs-wood construction; elevated floorsBarns or storage sheds - 1-story or 2-story

SubsistenceFamily gardens - enclosed by paling, trelliswork, or stone wallsOrchards/orange grovesCommuno/0o/'den///e/c/-anthropogenically modified soils, possibly marked by fences orwallsofwood orstoneAnimal/livestock pensAnimal watering holes - sinks, ponds within prairiesHuman drinking/bathing ^io/es -sinks/seeps, lakes, ponds within prairies, constructed wells

FeaturesClay hearth basins - inside and outside structural areas; fire-hardened clay & rock, food refuseremainsSmall disposal pits - conical to large bell shaped pits; refuse remainsLarge disposal pits-for processing and disposing large quantities of animal products (cowslaughtering; hide processing area); organic-rich soilsEarth middens - in or adjacent to structuresSmudge pits - charred corn remainsChert quarriesClay quarries

Task 4.0 Conduct Field Work

At this stage in the investigation, it is impossible to state the specific survey coverage of the vast1,000 acre project area, or to estimate the percentage of the site that will remain intact.However, it should be noted that it is not the intention of this project to excavate the entirety ofChucochatti Town. The objectives of this project are to locate the town, identify its definingfeatures, etucidate its terrain and battlescape, and refine the knowledge base about its natureand extentwithinthe largercontextoftheSecond SeminoleWar. Thedata recovered duringthisstudy will provide a reservoir of site content and context data sufficient to generate the initiationof site interpretation, and the development of continuing research questions.

Once GARI has recovered suffident data via historical and natural history research, landscapeanalysis, and soil core testing, testable hypotheses will be determined and a field survey strategywill be implemented. This strategy will divide the massive 1,000 acre project area into specificcore areas, targeting coverage based upon defining features of the town and the attack. Afundamental grid system will be extended in every cardinal direction across the project area tocontrol all data collection and permit provenience. This project anticipates the participation ofthis project to include professional staff from the GARI and the Seminole Tribal Historic




Preservation Office. The Second season offield work under the grant may also use members andstudents from the Seminole Tribe in an early summer field school format. The integration ofTribal members and students throughout the life of this project underscores the significance thetribe places on the location, identification, evaluation, and protection ofthe Chucochatti site. Allwork phases of this design driven project noted below are open to Seminole Tribal participation.

The field work will include the following, both nonobtrusive and intrusive work components, tobe conducted consecutively, or concurrently, as field conditions permit and in congruence withthe established grid system:

So/7 Core Program - GARI will employ two coring methods: 1) hand held soil corers, and 2)theGARI 1 Model air driven, vibration coring tool, designed to recover 1.5- 2 inch solid cores in clearcore tubes (up to 48 inches in length). These cores will be taken within the aforementioned gridsystem at specific intervals, as necessary, to establish the presence, or absence, of settlementand/or battle related context.

Metal Detection Survey - The team may conduct a metal detection survey of core areas to

provide a clearer view of signature trends and possible features.

Ground Penetrating ftodar-The team may conduct ground penetrating radar (GPR) survey priorto any subsurface excavations in those areas deemed to have potential subsurface context. TheGPR survey will be conducted by personnel from the Tribal hlistoric Preservation Office.

Shovel Testing Program - This program will be based on the results of the soil coring and metaldetection surveys, and will consist of the strategic placement of 2x2 foot shovel test units. GARIwill workfrom the outside ofthe projected target area inward, at necessary intervals, to narrowin on surviving structural features, define cultural features, and identify archaeological patterns,artifact densities, and distributions.

Test Unit Program - Based upon the results of the shovel test program, GARI will use 5x5 foottest units and/or trenching, as needed, to provide necessary in situ feature definition and artifactrecovery.

All aspects of field work are recorded using a series of field forms that force the capture andassignation of key data. GARI employs a specific stratigraphic recovery method that focuses onin situ recording (X, Y, and Z) of artifacts and features. All material culture is bagged in the fieldin 4 mil plastic bags that are labeled with site information, intrasite provenience, and a uniqueField Sample (FS) number. This number follows the artifact to the lab and thereafter into the

permanent inventory. All of the data generated, including patterns recovered or perceived byobservation during the physical testing, are provenienced for entry into the site GIS model.

All field work will be conducted according to the Secretary of the Interior's Standards andGuidelinesforArcheology and Historic Preservation. All key personnel meet the Secretary of the



November 16, 2018



Interiors Standards for professional archeologists. No one working on the project will do so unlessaccompanied and/orsupervised bya qualified professional archaeologist.

All NAGPRA and ARPA procedures will be followed during field work. GARI does not anticipateencountering buried human remains during the conduct of the field investigations. However, inthe event of an accidental discovery of human remains, Florida Statute (267 FS) is clear, the areaof discovery will be locked down and immediately reported to the Office of the StateArchaeologist. This report would address the nature and extent of the remains, along withrecommendations on security and preservation options. The State Archaeologist will considerthe nature of the discovery and all other factors and render a decision on steps to proceed withthe protection of the remains. Florida has a Native American Council with whom the StateArchaeologist may interact to provide for the optimum outcome per the disposition of any NativeAmerican remains.

Task 6.0 Conduct Laboratory Work and Analysis

Laboratory processing of all recovered materials will be undertaken at the GARI laboratory. Thisoperation includes the cleaning, metrics, photography, and analysis of each recovered specimen.Artifact processing is relegated to the hand cleaning of soiled specimens sensitive to theirrespective preservation needs. Bottle glass and ceramics may be washed, but wood and leatheritems will be hand cleaned and placed in airtight/airless containers suitable for research handling.Diagnostic material culture is digitally photographed along with its FS number for entry into themaster artifact catalog. The completed and processed artifact inventory, including all appropriatefield and research notes, maps, drawings, photographs, and catalog, will be housed at a curationfacility that meets the requirements in 36 CFR Part 79, Curation of Federally Owned andAdministered Archaeological Collections. Documentation of the curation agreement will be

provided to the National Park Service (NPS) in compliance with grant requirements.

GARI laboratory operations shall be conducted consistent with the Secretary of the InteriorsStandards and GuidelinesforArcheology and Historic Preservation. Questions that arise over thetreatment of any single artifact, or class of such, that lie beyond GARI or Tribal expertise will bereferred to the NPS Preservation Technology Laboratoryfor consultation.

GARI will have at its disposal by project's end the results of the field survey and testing data,including all of the results of the various methods utilized to locate and identify site componentsand associated elements across the target area. These data sets will be processed and used to

prepare GIS documentation defining terrain, and the physical attributes of the project area (soil,vegetation, and key geomorphological and terrain features), site contexts, features and patterns,and the distribution of material culture.

Task7.0 Ensure Compliance

GARI will coordinate the compliance of the entire project in accordance with Section 106 and 110ofthe National Historic Preservation Act (NHPA) and its implementing regulations, and will work





closely with the Florida State Historic Preservation Office (SHPO) to provide ample time andopportunity for its review and comment on the project's archaeological research design and drafttechnical report. GARI will make every effort to consult with appropriate public stakeholders,and ensure that all activities associated with the project are carried out in consultation withrelevant Federal, State, and local agencies.

Task 8.0 Prepare Site Management and Protection Plan

Upon completion ofthe project, GARI will submit a draft Site Management and Protection Planto the private property owners, hlernando County Planning Department, hlistoric HernandoPreservation Society, and Seminole THPO for review and comment. Taking into account theircomments, GARI will revise the draft as appropriate to create a final Site Management andProtection Plan.

Task 9.0 Prepare National Register Nomination

GARI will assemble all pertinent documents, records, maps, photographs, and supporting data,necessary to prepare the NRHP nomination for Chucochatti. GARI will complete the draft NRHPnomination form and submit all necessary documentation to the NPS for review and comment.Upon receipt and integration of the NPS comments, GARI will complete the Final NationalRegister Nomination and coordinate with the Seminole THPO and Florida Bureau of HistoricPreservation for final submission and consideration by the Florida National Register ReviewBoard.

Task 10.0 Report to the ABPP

All paperwork, including original reports, financial requests, and final products will be sent tothe NPSatAmerican Battlefield Protection Program (ABPP) office in Washington D.C. via email

([email protected]) for processing. In compliance with the Grant Agreement, GARI will submit thefollowing deliverables to the NPS:

Semiannual Federal Financial Reports (SF-245) and Periodic Performance Reports

(PPR), submitted by October 31, 2018; April 30, 2019; October 31, 2019; and April 30,2020, respectively;

Final SF-425 and Final PPR, submitted within 90 days after the project end date, August31,2020;

One (1) electronic copy of the final technical report submitted within 90 days after the

project end date, August 31, 2020;

One (1) electronic copy of any additional work products created under this Agreement,including brochures, maps, presentations, press releases, publications, or videossubmitted within 90 days afterthe project end date, August 31, 2020;and



Chucochatti Archaeological Documentation ProjectGrant Agreement P18AP00518

One (1) electronic copy of any GIS data produced or collected under the Agreement inshapefile (*.shp) or GeoDatabase format with metadata submitted within 90 days afterthe project end date, August 31,2020.




References Cited

Boyd, Mark F.1958 Horatio S. Dexter and Events Leading to the Treaty of Moultrie Creek with the

Seminole Indians, in Florida Anthropologist, Volume 2(3).

Carter, Clarence E., ed.1958 Isaac Clark to the Quarter Master General, January 9, 1825, in The Territorial

Papers ofthe United States. Volume 23: The Territory of Florida, 1824-1828:153-155. National Archives and Records Services, General Services Administration:Washington, D.C.

1958 Governor DuVal to Thomas L. McKenney, February 22, 1826, in The TerritorialPapers ofthe United States. Volume 23: The Territory of Florida, 1824-1828:445-448. National Archives and Records Services, General Services Administration:Washington, D.C.

Sturtevant, William C. and Jessica R. Cattelino2004 Florida Seminole and Miccosukee, in Handbook of North American Indians:

Southeast, Volume 14. R.D. Fogelson, ed. Smithsonian Institution Press:Washington, D.C.

Swanton, John R.1922 Early History of the Creek Indians and Their Neighbors. Bureau ofAmerican

Ethnology, Bulletin 73. Smithsonian Institution, Government Printing Office:Washington, D.C.

Patrick, Marsena L.1842 Letters Received by the Office of the Adjutant General, Main Series, 1822-1860.

Microfilm Roll 261, Year 1842, Range W 47-216. National Archives and RecordsService, General Services Administration: Washington, D.C.


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AGENDA ITEM N0.>iLl£a)5/9L|»o

CITY OF BROOKSVILLEMINUTES OF THE SPECIAL CITY COUNCIL MEETING

JOSEPH E. JOHNSTON III COUNCIL CHAMBERS201 HOWELL AVENUE

1:00 pmORDER OF BUSINESSJanuary 6,2020

CALL TO ORDERThe meeting was caUed to order by Mayor Bernardini. Council Members addidonallyattending were Vice Mayor, Pat Brayton and Council Members Robert Batdsta, BettyEthard and William Kemerer. Also attending wei-e City Attorney, Nancy Stuparich;City Manager, Mark Kutney; City Clerk, Jennifer Battista; and Interim FinanceDirector, Autuinn SuUivan.

PLEDGE OF ALLEGIANCE

APPROVAL/MODIFICATIONS OF THE AGENDA

(Limited to City Council and City IVIanager)

Motion:Motion was made by Brayton and seconded by Erhaird to approve the January 6, 2020Special Meeting agenda. JVIotion carried 5-0.

CITIZEN INPUT [Umited to 3 minutes per speaker]

[NOTE: Input can be on any subject, whether or not on the agenda. However, inputregarding ordinances and resoludons will be accepted now and at the time thoseissues are presented at the meedng. Tesdmony and evidence related to quasi-judicialmatters will be heard at the time it is introduced.]

There was no cidzen's input.

RESPONSE BY CITY MANAGER AND STAFF/COUNCILNone necessary.

PPTF - Discussion of Funding Decision for annuities payoutAttorney Becky Vose pardcipated by phone at this point in the meedng.

January 6, 2020 - Special MeedngPage 1 3/2/20 Reg Council Agenda Packet

Page 18 of 290

City Manager Kutney advised that staff had determined an estimated fund value, andaU costs incurred by the Police Pension Trust Fund Board, based on a terminationstudy by Foster and Foster done in 2018 which showed 23 pardcipants and the costof opdons available to them

City Manager Kutney advised that he had attended a recent PPTF meedng and it ishis understanding that the board has focused now to the amount needed to close outthe plan which was reported at $1,518,218.65. [Note: amount amended later inmeeting] The number is based upon Mr. Joe Nelson, former Police Departmentofficer, moving to the annuity category as he has now preliminarily indicated.

City Manager Kutney advised that the City has three opdons 1) pay the PPTF thesum needed to sadsfy termination of the plan 2) lidgadon or 3) encourage the PPTFboard to do one more election offering all three options (lump sum payment,annuides or subsdtuted trust). PIe noted that at their most recent election, the PPTFoffered only the annuity or substituted trust option. City Manager Kutney advisedthat it is the City's Pension Attorney, Jim Linn's, opinion that nothing precludes thePPTF from re-poUing individuals to offer the lump sum payment opdons again to theremaining plan pardcipants who have not yet decided. City Manager Kutney addedthat after to speaking to Attorney Linn, there would be no violation of F.S. 185 ifCouncil desires to offer the remaining plan pardcipants the option of possibility of abonus if they select the lump sum option. Mr. Kutney added that it is the City'sresponsibility to the taxpayers to make sure the City is not paying more than neededand, at the same dme, offering the best opdons to the members of the Trust Fund.

Council Member Kemerer offered his opposition to offering a bonus to them if itwas not offered to aU plan pardcipants. Council Member Erhard and CouncilMember Batdsta offered concurrence. Council Member Kemerer expressed hisopinion that Council's job is to look out for the best interest of the City and thePPTF should look out for the best interests of theii: members.

Jennifer Rey, Attorney for the PPTF, was present to address Council. She clarifiedthe amount as $1,518,214.65. She summarized that pardcipants who selected a lumpsum payment have been paid out. The total value for those who have selectedannuides is $6.8 million. There are three plan participants who have specificallyelected to condnue into a subsdtLited trust. However, one of these, Joe Nelson, hasrequested to change his elecdon to annuides and it has been accepted by the PPTF.However, M.r. Nelson has not submitted the documents as of this date. With the

potendal decision of Mr. Nelson to move to an annuity and if one plan participant,Jason Pasternak, who has made no election, moves to an annuity, then the amountneeded to fund the plan would be 1,518,214.65. If neither Mr. Nelson and Mr.Pasternak elect an annuity, it would be 1,146,714.83.

Council discussed re-polling the plan pardcipants 01: whether the three remainingindividuals could be contacted to see if they sdU wanted to choose the subsdtuted

January 6, 2020 - Special MeetingPage 23/2/20 Reg Council Agenda Packet

Page 19 of 290

trust as opposed to annuides or a lump sum payment. Attorney Rey stated that itcould be presented to the PPTF. Attorney Rey clarified that the three individualshave been given undljanuary 31, 2020 to change their elecdon.

Council IVtember Batdsta contributed that assuming Mr. Nelson is going to submit

paperwork for annuides, and whatever other variables are remaining, he wouldsupport the final taUy of $1.5 as a not to exceed number. Attorney Rey advised thatthe $1.5 million andcipates the funding necessary for those who have elected to stayin the subsdtuted trust.

Vice Mayor Brayton, who attended the PPTF meedng held earlier in the day, stated,and Attorney Rey confirmed, that Mr. Nelson was late in submitting his change fromsubstituted trust to annuities. The PPTF accepted the request of change from Mr.Nelson and would firom any of the remaining pardcipants if they vvish to make analternative election through January 31st.

Council Member Kemerer offered that there may be three in the subsdtuted trust andthat decision would be finalized byjanuary 31st. Any annuity rebidding would be forthose three individuals, which Attorney Rey confirmed.

Council Member Kemeirer stated that through the subsdtuted trust, the investmentrisk is moved from the insurance carriers and moved to the City. PIe was concernedabout the subsdtuted trust option but also was not in favor of further delays that mayaffect numbers due to market fluctuadons. Council Member Erhard offeredconcurrence.

Vice Mayor Brayton was concerned about any change in elecdon made after the

January 31st date. Council Member Kemerer stated that an opdon would be not toapprove the subsdtiited trust ordinance unless the City is absolutely suire that thethree remaining members reaUy want the subsdtuted trust. Council MembefKemerei: stated that the PPTF naay want to give those three more dme to considertheir opdons, realizing that it would have to be beforejune 1, 2020.

Vice Mayor Brayton pointed out that there are other costs to consider such asattotneys' fees.

Mayor Bernardini requested confirmadon if the City provides the money based on adecision made at this meedng, the PPTF \vill purchase the annuides, in which the

quotes are good undl January 15 and those individuals will be done. Attorney Reyconfirmed this statement, adding that all that \viU remain are the 3 or 4 who have notsubmitted paperwork for annuides. She reiterated that the three remaining have theopdon to elect an annuity.


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Motion:Motion was made by Kemerer and seconded by Batdsta to authorize the CityManager to disburse up to $1,518,214.65 to the pension plan upon the request of thePPTF.

City Manager Kutney questioned if the frwo or three remaining rnembers in thesubstituted trust chose a lump sum payout, would those monies be above the $1.5million. Attorney Rey clarified stated that it is incorrect and it would be based on theasset value at the time the lump sums were made and if there was a differencebetween the calculadons of the lump sum versus the calculation of their benefit, thenet difference would have to be funded.

Council discussed Vice Mayor Brayton's question on where the money would comefrom. City Manager stated that the General Fund balance is currendy atapproximately $3,465,702.00. Another option is borrowing fcom other City reserves.

Council discussed that whether this agenda item and presentadon by Attorney Rey isconsidered the PPTF's request. Attorney Rey stated the intent is that this isconsidered their request and that the request would be to make the funds availableupon request in the amount needed at the time they are needed.

City Manager Kutney understood that this is the verbal request but he wouldappreciate it if the PPTF would submit a written request, which Council MembersKemerer and Erhard agreed. Attorney Rey interjected that a letter is in the processof being drafted.

Motion carried 5-0.

Mption:Motion was made by Kemerer and seconded by Erhard to reallocate out of theGeneral Fund reserves the amount of $1,518,214.65 to the police pension trust fundaccount. Motion carried 5-0.

Discussion of Charter Provisions & Relevant Citv Code of Otdinancesa. Proposed Resoludon No. 2020-02 - Delegadon of authority to City Manager tosign contcacts within purchasing authority limits

City Attorney Stuparich stated that these discussions are focused on the role of theCity Manager and the role of the City Council \vithin Charter provisions and othei:rules and reguladons.

Council discussed the "Delegation of authority to City IVIanagef to sign contractswithin purchasing authority limits". City Attorney Smparich went over the draftresoludon which attempts to address condidons or situations as outlined in the

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agenda memo as follows:

1) the total amount of the purchase of goods or services does not exceed

2) funds fof the purchase of the goods or services were appropriated in thebudget ordinance; or

3) the goods or services are needed due to an Emergency; or

4) the compledon of the purchase or delivery of services will take less than30 business days and the cost does not exceed $20,000.

City Attorney Stuparich added that the above would always be subject to legal reviewand the agreement would be brought back on CTN. Mayor Bernardini did not agreewith the words "or" in the above four conditions and felt that all condidons shouldoccur to aUow the City Manager to sign. Council Member Batdsta offeredconcurrence.

Mayor Bernardini reminded aU that if it is an emergency situadon, the Mayor has theauthority to call an emergency meedng. PIe was not in favor of giving up theCouncil's authority to oversee contracts. He also disagreed \vith the clause in the

proposed resoludon which reads:

WHEREAS, the delivery of municipal services in many instances requires thenegodadon of contcacts, agreements, leases, deeds and other documents, someof which are for the short-term purchase of goods and services and othersthat bind the City to ongoing or long-term obligadons

Mayor Bernardini and Council Members Kemerer, Erhard and Batdsta disagreed vviththe word "future Council Agenda" and supported the "next Council Agenda", in theclause which reads:

c. A copy of any contract approved by the City Manager pursuant toSubparagraph (a) shaU be included as "Corirespondence to Note" on a futureCity Council agenda.

Council Member Erhard advised that she agreed vvith comments made by MayorBernardini and felt that any resoludons in the agenda packets should be marked"draft". She felt that Council Members are elected officials who woirked for thecitizens and oversee the budget and she supported Council approving contracts.

Council Membei: Kemeref was concerned \vith interpreting the Charter, which he feltwas the citizens' document. He felt that the citizens should be asked if the languagecan be changed. He further pointed out that per the Code of Ordinances, the City

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IVIanager is currendy aUowed to approve contracts under $20,000.00. CouncilMembei: Kemerer felt that currendy, the code allows the City Manager to approvecontracts 1) the total amount of the purchase of goods or services does not exceed

$20,000 AND 2) funds for the purchase of the goods or services were appropriatedin the budget ordinance. He further expressed his opinion that 4) the completion ofthe purchase or delivery of services wiU take less than 30 business days should beincluded vvith 1) and 2).

Council Member Kemerei: felt that emergency situations are different and thedefmition of emergency would need to be looked at.

Mayor Bernardini discussed Secdon b. "Any contract approved by the City Manager

pursuant to Subparagraph (a) shall be subject to review and approval as to legalsufficiency and form by the City Attorney before the contract is signed." He questionedif along vvith the City Attorney, the resoludon should state that the Mayor should beauthorized to sign contracts since that is in the Charter. Council Member Erhardinformed aU that she agreed

Council Member Battista discussed 4) the compledon of the purchase or delivery ofservices will take less than 30 business days and the cost does not exceed $20,000.He felt that it may be contradictory to the whereas clause in the proposed resolution.He expressed his opinion that the Charter is like the Constitudon and the ordinancesand resoludons aire those things that Council enacts to make it happen. CouncilMember Batdsta pointed out that the City Manager ak-eady has the authority to signcontracts undei: certain circumstances. He stated that the change is that the CityManager would have the authority to sign an invoice that is framed like a contract oran agreement on something that delivery will take 30 days orless.

Regarding adding language that the Mayor is required to sign, Council MemberKemerer interjected that it was his understanding that the point of the proposedresoludon was to give the City Manager to have the abUity to sign contcacts undercertain circumstances and felt it was contradictory to then require the Mayor'ssignature. Vice IVIayor Brayton voiced agreement.

City Manager Kutney advised that as long as Council does not have a problem with,in some instances, an inordinate amount of time passing before a contract can cometo at a regular Council meedng, or with him determining if the Mayor should beasked to call a Special Meedng, he would not have a problem with keeping it as is.City Managei: Kutney stated that he would like Council to keep in mind that he mayneed to add a contract on the agenda at the last minute and it may not be ready atagenda distribudon dme. Mayor Bernairdini felt that anything that is an emergencycan be added to the agenda. Council Members Erhard and Kemerer voicedagreement.

No acdon taken on Resoludon No. 2020-02 at this dme.


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Motion:Modon was made by Erhard and seconded by Kemerer all Ordinances andResolutions have "Draft" across it as part of the back-up. Motion carried 5-0.

Pfoposed Resolution No. 2020-03 - Delegation of authority to City Manager totransfer funds within department budget

Council Member Kemerer discussed the follow secdon of the proposed resoludon:

SECTION 2. The City Council reaffirms that pursuant to Secdon 2.15(a) ofthe City of BrooksviUe Charter, the City Manager may, without acdon of the CityCouncil, apply any sum appropriated during a fiscal year within the variousdepartments and funds of the city for a pardcular use(s), which are not required forsuch use(s), to other expenses of the department to which said sums areappropriated, or the fund from which it was appropriated.

PIe felt that the Charter change would be to add the language "vvithout acdon of theCity Council, apply...".

Vice IVIayor Brayton stated that Secdon 2 of the resoludon appears to rcaffirm whatis already in the Charter. Council Member Kemerer stated that it should not say"reaffirm" since the language is not clear in the Charter that it is the City Manager.

Council Member Batdsta stated that Council makes the budget and he felt that anymovement between any of the accounts should be approved by Council. MayorBemairdini and Council Member Erhard voiced agreement.

Council iVIember Kemerer felt that if Council wishes this to be clearer that the CityManager shall not move money between funds without Council approval., it shouldbe a decision made by the cidzens and be a Charter Amendment change pmposed forthe baUot. Mayor Bernardini and Council Member Batdsta offered concurrence.

City Attorney Stuparich stated that, if so directed, she will start the process on achartei: amendment to clarify this on the baUot.

Motion:Modon was made by Battista and seconded by Kemeref to direct the City Attorney tolook at language to be placed on the baUot as a Charter Amendment. Modon carried

Motion:Modon was made by Kemerei: and seconded by Erhard to take no acdon onResolution No. 2020-03. Motion carried 5-0.


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Discussion of Charter Provisions referenced in Florida Commission on EthicsOpinion No. 19-24Council Member Batdsta advised that he would now leave the Council Chambers asthis discussion is related to a possible increase of City Clerk Battista's salary. Hefurther advised that if any acdon is taken, he vvill not be vodng and will be declaring aconflict.

City Attorney Stuparich advised that she did not andcipate acdon at this meedng butrather wanted to present the Opinion to Council should there be any questions. Shestated that in her conversadons with the Commission on Ethic's attorneys, they had

questions on the role of the City Council and the role of the City Manager as far assalaries. The Ethic's Attorney stated that it was "unorthodox" that the proposedsalary increase came from City Council and not from the City IVtanager. CityAttorney Stuparich offered that elevadng City Clerk Battista to a higher rank or

posidon of greatei: personal dignity and importance would not be Ulegal but would

put Council Member Batdsta in a posidon where he may be violadng the StateStatute. The Opinion concludes that as long as she stays \vithin the current payrange, there is not a problem.

Mayor Bernardini stated that he is of the opinion that the City Clerk position hasbeen underpaid for a number of years which has made it hard to get applicants. Henoted that the City Clerk and the dudes are specificaUy mentioned in the Charter in anumber of places and yet is not a department head. He stated that the Cemetery isnow under the City Clerk's office. City Manager Kutney stated that the Cemetery isnow under the City Manager's office but is assigned to the City Clerk.

Council Member Kemerer felt that the Ethic's Opinion is contradictory but he wasconcerned \vith the portion of the opinion that states "You emphasis that, as part ofmanagerial responsibilities commensurate \vith the posidon, the City Manager, notthe City Council, technically has the authority to offef City employees, such as theCity Clerk, a salary increase. However, from materials you submit, it seems the CityCouncil remains involved in decisions regarding salary increase, albeit indirectly, as

you directed an increase can only come from budgetary appropriadons required bythe City Manager." Council Member Kemerer offered concern that the Council maybe interfering in operations and that is a Charter violation. He further calledattention to a portion that read: "...the City Manager alone exercises jurisdicdon andcontrol ovei: the City Clerk having been vested with the authority to make the salarydecisions, we fmd your argument unpei-'suasive.'

City Attorney Stuparich advised caudon if there was any inclinadon to make the CityCleirk a departinent head as it may then be perceived as some type of increase in

grade to a higher rank or posidon of greater personal dignity 01: importance. Thatwould need to go back for another Ethic's Opinion but it was her opinion that they

probably would find a violadon.

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Mayoi: Bernardini stated that while he thought the increase was the right thing to do,he would not have a problem with abandoning the idea of an increase at this time.At some point in time, the position could be readdressed. Vice Mayor Brayton statedthat he felt that classificadon of many City posidons should be looked at in thefuture.

Council discussed the difference between additional job responsibilides and thefunction of a stipend. City Manager Kutney explained the purpose of stipendsrelates to dudes which are beyond their job description as opposed to dudes that arenewly assigned to an employee as part of their permanent job functions. Hediscussed the use of appoindng interims, employee salary classifications. Regardingthe salary of the Parks' Director as compared to the salary of the City Clerk, hetouched on the fact that the Parks and Recreation Director will be working on

programs and inidadves in the Parks' Department. In discussing job classiflcadons,he stated that the personnel policy \viU be one of his priorides to review in 2020.

City Manager Kutney commended the wofk done by City Clerk Batdsta, stating thathe never had a pfoblem the concept of an increase to her salary, but he cautionedthat a specific increase to an individual employee may cause haird feelings or lowmoral with the entiire City staff.

City Attorney Stuparich stated that City Clerk Batdsta is one of the better clerks shehas ever woirked with. She added that the discussion has been beneficial in that theEthic's Opinion has given clarification to the role of City Council and the CityIVIanager.

Discussion of other areas of Chatter that may require clarification1. "Setdng the Order of the Agenda" - Secdon 2-12(b)

City Attorney called attendon to the portion of the Charter secdon which states: theCouncil shall determine its own rules and the Mayoi: shall set the order of businessfor each meeting". She advised that there is no clear definidon of what "set the orderof business" means but referring to Roberts Rules of Order, setdng the order ofbusiness is the placement of the items on the agenda. She stated that if the Mayorhas authority of determine what goes on the agenda, the concern may be that it givesthat posidon veto power over what goes on the agenda. It could also result in theCity Managei: needing to request a last-minute agenda item being added to the agendawhich would leave little dme fof Council review.

It was the City Attorney's opinion that the Mayor would have the authority, to helpthe flow of the meedng, to put in order the City Manager's requested agenda items.

Mayor Bernardini stated that in the past, and what he interprets in the Charter, theMayor has always had control ovei: the agenda and items that went on the agenda.PIe felt that the avenue for challenging that would be removal the Mayor. Council

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Member Kemerer stated that there is nothing in the Charter about removal of theMayor.

Council Member Battista voiced concern about the Mayor being able to put an itemon or not putdng an item on the agenda as it may mean the Mayor could controlwhether an item, which he/she may not support, gets on the agenda or not. He alsowas concerned it that it may put the City Manager in a bad simadon and increase theneed to discuss items with individual Council JVIembeirs, the perception of which maybe violadon of the Sunshine Law.

Council Member Kemerer asked who has the ability to determine what goes on theagenda if it is not the Mayor. Council Member Batdsta felt that the City Managerdefines about 75% on what is on the agenda depending on City needs. CouncilMember Kemerei: stated that it appears the Mayor controls the order of the agendawhich means where it is placed on the agenda, which City Attorney Stuparichconfirmed.

Mayor Bernardini stated that if agenda deadlines are not met, or if the item is notcomplete, he wondered if it would be the Mayor's decision that they should not be onthe agenda. Council Member Batdsta reiterated his concern that items may be heldoff the agenda if the Mayor supports or does not support the item. He felt it wasCouncil's decision to defer an item if the backup material is not adequate.

Vice IVIayor Brayton stated that he recalls in the past items coming to Council reviewand did not remember an occasion when the Mayor at the time puUed an item basedon his/her own decision.

City Attorney Stuparich advised that agenda preparadon is not addressed anywhere inthe rules or in the Charter. She quesdoned if Council wished to clarify or interpret itat this dme. Council IVIember Kemerer reiterated concern over interpreting theCharter through resoludons and ordinances bypassing the cidzen's involvement. Hestated that peirhaps it should be another Chartei: referendum clarifying that the CityManagei: puts the agenda together and the Mayor approves the order in which it is

presented.

Council discussed City Attorney Smparich's suggesdon that perhaps the Chartershould be specific in the City Manager's dudes and responsibilities as far as theagenda preparadon.

Council Member Batdsta did not support putdng forth this as a Charter Referendum

quesdon. Council Member Kemerer offered support.

Mayor Bernardini called attendon to the Charter, specificaUy the portion that reads:"The Council shall determine its own rules" and ".... And the Mayor shall set theorder of business for each meeting". He felt that these discussions could led to

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"determining its own rules".

City Attorney Smparich stated that Public Coinment Resoludon No. 2015-04 wouldbe the proper resoludon to modify how to conduct the meedng 01- add languageregarding the agenda process.

Vice JVIayoi: Brayton stated that he was unaware of a problem in the past on how theagendas are established.

Council Membef Kemerer quesdoned if the resoludon applies just to Council or allCity boards. Mayor Bernardini and City Attorney Stuparich stated that it would befor aU boards.

Mayor Beirnardini stated that it is his understanding that the Chairmen of theAdvisory Boards sets the agenda items, not just the order of the business. CityAttorney Stuparich voiced concern with that determination and gave an example ofthe Chairman of the Planning and Zoning Commission could dictate whichrezonings go on the agenda and which do not. She gave another example that theParks and Recreadon Directof may need an item to be reviewed by the Parks andRecreadon Advisory Board and the Chairman may not be in support of that item andnot allow it on the agenda. It would hinder the Pafks and Recreation Directoir's job.The director would then have to report to Council that the Parks Board would nothear the item.

Vice Mayor Brayton expfessed concern that Council's funcdon is to adopt policy andhe questioned where the policy was related to the Public Comment resoludon. CityAttorney Stuparich advised that this resoludon is concerning the "rules and policies".The Vice IVIayor noted that this Public Comment resolution has nothing to the dowith the agenda procedure, which Mayor Bernardini confirmed. The City Attot'neystated that this resoludon would be the vehicle to use should Council want to addanything about the agenda process

Resoludon No. 2014-04 was discussed and the following changes were made:

(5) All comments musl be made from the podium which is located at the front of the CityCouncil Chambers or by other reasonable accommodations in any other location in which a boardor commission meeting is held, and shall address the subject ofthe agenda item. Individuals thatappear before any city board or commission are required will be asked to state their legal name,their actual physical address and whether they are a City resident or City business owner for thepublic record. The purpose of this requirement is so that they are properly reflected in any boardor commission minutes and are available for future reference.

(2) Each person who wishes to address the City Council or the Board or Commissionmust first be acknowledged by the presiding officer. Speakers shall address the City Council orIhe board or commission from the podium and not approach that city board or commission or

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staff. Speakers will be asked to begin their statement by stating their legal name, their actualphysical address and whether they are a City resident or City business owner for the publicrecord.

(6) After each Citizen's Input delineated on the agenda, the City Manager, or hisdesignee, or City Council will have the opportunity to address items brought up during Citizen'sInput. This may include answering or explaining questions or comments posed, directing wheresuch information can be obtained or offering to provide an answer or explanation at a later time ifthe matter requires further research or action.

Council Member Kemerer questioned if there would be any changes to it on settingthe order of business on the agendas. After no response from Council, CouncilMember Kemerei: surmised that this would be left alone.

Motion:Modon was made by Erhard and seconded by Batdsta to adopt a new resoludon,which would be numbered 2020-01, which will replace Resoludon No. 2015-04, \viththe changes noted above.

City Clerk Batdsta read the headnote only, as follows:

A RESOLUTION OF THE CITY OF BROOKSVILLE, FLORIDA;REPLACING RESOLUTION 2015-04; ADOPTING RULES ANDPOLICIES GOVERNING PUBLIC COMMENT; ADOPTING SAID RULESAND POLICIES IN COMPLIANCE WITH SECTION 286.0114, FLORIDASTATUTES; PROVIDING FINDINGS; PROVIDING DEFINITIONS;PROVIDING RULES FOR THE CONDUCT OF MEETINGS; PROVIDINGRULES FOR PUBLIC PARTICIPATION AND CONDUCT; REQUIRINGTHE OBSERVANCE OF DECORUM; PROVIDING FORSEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE.

Upon roll call, motion carried 5-0, as foUows:

Erhard AyeBattista AyeKemerei: AyeBrayton AyeBernardini Aye

2. "Absence or Disability of the Mayor"

City Attorney Stuparich advised that a quesdon had been asked as to what constitutesan absence. The Charter refers to the Vice Mayor acdng as the Mayor during the"absence 01: disability" of the Mayor. However, ordinances furthei: irefer to it as a


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temporary absence".

Council M'ember Batdsta caUed attendon to the current code under Section 2.03Mayor; Vice IVIayoi: and suggested the follo\ving sentence: "The vice mayor shaU

perform the above dudes of the mayor during the absence or disability or inability ofthe mayor to perform listed dudes". It was pointed out that that secdon is part ofthe Charter.

At Mvyor Bernardini's request, Council discussed the definidon of an absence andthe City's code Secdon 2-62 - Absence of the Mayor. Vice JVIayor Brayton statedthat it means the Mayor is not here. Council Member Batdsta stated that that itdoesn't mean you have to be inside the City limits because you could be emailed orcalled or video conferenced, but the word "inability" would mean you are not able to

perform the act such as check signing.

Council Member Batdsta suggested striking the words "temporary absence from theCity." from the foUowing:

(a) The city council shaU nominate one of their number as vice-mayor to serve as mayorduring the duly elected mayor's temporary absence from the city, temporary disability orincapacity to perform the duties as mayor.

Council Members Eirhafd and Kemerer agreed. It was agreed by consensus that thesame change would be made to the foUowing:

(b) During the temporary absence from the city, disability or incapacity of both themayor and vice-mayor, the remaining city councilmembers shall nominate one of theirmembers to serve as mayor pro-tem in such absences, disabilides and incapacides until eitherthe mayor or vice-mayor is again able to act.

Mayor Bernardini wondered where it would be addressed that if there was anemergency and the Mayor is out of town and the Mayor is not responding to caUs oremails, who would run the meedngs or sign emergency declarations. It was pointedout that "remaining city councilmembers shall nominate one of their members toserve as mayor pro-tem...." That pro-tem would be for that meedng only. It wasMayor Bernardini's recoUection that at one time, a mayor pro-tem was selected and in

place. City Attorney Stuparich stated that in the absence of the Mayor and ViceMayor, and emetgency meedng would be called and the three remaining memberswould select a Mayor Pro-tem.

Motion:Modon was made by Batdsta and seconded by Kemerer to direct the City Attorney tocome back with the changes as discussed concerning the absence of the Mayor.Modon carried 5-0.

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3. Role of the Citv ManaeerThe City Attorney brought up for discussion Charter Secdon 3 and the CityManagers employment agreement addressing the role of the City Manager. Shestated that she included it in this Council packet in the event there was any discussionneeded. Mayor Bernardini questioned Secdon 3.03 that references the Acdng CityManager and Council discussed what would consdtute absence or disability and theneed for an Acting City Manager. City Manager Kutney advised that when he is outof town, he is not absent but is accessible through cell phone.

Council Member Kemerer felt that the language in the Charter should be similar towhat was just changed for the Mayor regarding "Disability or incapacitated". He

quesdoned if the Charter should be changed. City Attorney Stuparich expressed

preference to putdng it into an ordinance.

Mayor Bernardini felt that the intent in the Charter is that the City Manager couldappoint, in his absence, an Acdng City Manager with the consent of Council. CityManager Kutney interpreted the Charter to mean if it was a temporary absence over a

period of tune due to a serious situation or disability, not out of town for a weekend.

Vice Mayor Brayton advised that many years ago, the then City Manager designated,and Council approved, a temporary manager and it would be that same personwhenever the City JVtanager was absent. Mayor Bernardini pointed out that theChafter states that letter is filed with and approved by Council. It was pointed outthat an email may be sadsfactory now, but Council discussed how the Councilapproval would take place or whether it would have to be on the agenda.

Mayor Bernardini suggested that the City Manager could present Council with theletter to approve and whenever the City Manager is gone, he could let Council knowthat person is now in charge.

Council Member Battista pointed out that the City Manager can now be reached bycell phone or other communications. The City Manager could name an someone toact in his stead in a letter with caveat that if Council cannot reach the City Managerby cell phone, then that other person is named as a contact person. Council MemberKemerer agreed that could be done for a temporary absence, but a disability orincapacity is completely different.

The City Attorney stated that she could bring back language to address this.

Mayor Bet-nardini suggesdng abiding by the Chartei: and have the City Managersubmit a letter. City Manager Kutney expressed the desire on defining an absence.Mayor Bernardini stated that if the City Manager is not here, he is absent. The CityManager pointed out that if he was at a meedng out of town, he is sdll available andhe did not think that was considered absent.

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Council Member Batdsta suggested a letter at the beginning of the year could besubmitted and then the City Manager would email when he was going out of townfor a period of dme. It was pointed out that this abides by the Charter and it wasagreed to by consensus of aU Council Members.

Other Areas of Concern in CharterRegarding the consent of Council for the City Manager to appoint temporafysupervisoirs, Mayor Befnardini brought up for discussion Supervision ofDepartments - Secdon 3.05, which reads as follows:

Except as otherwise provided in this charter or by general law, the city manager shall beresponsible for the supervision and direcrion of all departments, agencies and offlces of thecity. AU departments, offices and agencies under the direcdon and supervision of themanager shall be administered by an officer appointed by and subject to the direcdon andsupervision of the manager. With the consent of council the manager may serve as thetemporary head (six-month maximum without further approval of councU) of one (1) ormore departments, offices or agencies or may appoint one (1) person as the temporary head

(six-month maximum without further approval of council) of two (2) or more of them.

Mayor Bernardini interpreted this to mean that the Council must glve approve for theCity Manager to serve as the temporary head. City Manager Kutney felt this isinconsistent to the Charter pmvisions that gives him authority to hire and fire.Council Member Kemerer felt it could be done at a meeting shordy after the acdon.Council IVIember Battista agreed.

Discussion of City Mana^er Evaluation ProcessMayor Bernardini caUed attendon to Policy 2-2019, specifically pointing out thefollowing:

B. The Mayor shaU review the Performance Evaluadon Form to idendfy any changes ormodificadons to the Form including the Key Performance Areas that may need to be madebased on Council acdons taken through the performance year being rated.

Mayor Bernardini offered his opinion that someone needs to be in charge of tellingthe Mayor that it is his/her responsibility when first appointed at the first meedng inDecember. Council Member Batdsta felt it would be a iresponsibUity of the CityManager as part of an orientadon process. There was no further Council discussionoi: concurrence.

Mayor Bernairdini distributed the evaluation form and rules and reguladons.

Mayor Bernardini recommended that the Council Members submit the evaluadons tothe City Clerk, who would date and time stamp them. Council Member Kemerei:would provide the excel spreadsheet he developed foi: the 2018 evaluadon when hewas Mayoir.


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In discussing the overaU evaluation submittal process, it was agreed by CouncilMembers Batdsta and Erhard and Vice Mayor Brayton that the procedure did notneed to be changed, either now or next year.

The City Manager's self-evaluadon wiU be completed by January 13, 2020 with theevaluadons due to the City Clerk by January 17, 2020. Mayor Bernairdini requestedthat they be submitted by 12:00 noon if possible.

Short Refresher and Discussion of Sunshine/Ethics IssuesDiscussion of Best Pracdce Suggestion for each

1. Advisory Boards

2. Facebook

3. Penalties for Violadon

4. Complaint Process

5. Definidon of Meeting

6. Emails to other members

7. Use of Third Parties as Conduit

8. Abstention for Conflicts - Filling of Form 1B

9. Defmidon of Public Records & Personal Notes

lO.When "Shade Meedngs" become "Sunshine Meedngs"

City Attorney Stuparich briefly went over each of the above. The following wasspecifically discussed by Council:

• Regarding Facebook, Mayor questioned if there is a problem reposting orsharing something like a Main Street Program event of reminder of a CouncilMeedng. City Attorney Stuparich recommend that it not be rcposted and thatit be sent to the City Clerk to be posted on the City's website.

Council Membei: Kemerer was not sure why it would be a Sunshine Lawviolation if it is sent to people who are not on the dais. He also voiced hisunderstanding that if one Council Member posts a "lil<e" on a Facebook, itwould not be a violadon, but it would be for the second Council Member who

posts a "like" on the same site.

City Manager Kutney advised that he had just attended an Ethics training andit is his understanding that when someone reposts on their own personalFacebook, it is now a public Facebook page and then could lead to problemssuch as blocking someone.

City Attorney Stuparich would look at these issues further.


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• Regarding communications between Council IVIembers, Council MemberKemerer quesdoned if an item that occurred in the past and \vill notconceivably come up again, could be discussed between Council Members.City Attoirney Stuparich stated that they could.

• Mayor Bernardini quesdoned if Council Members could discuss actions taken,or about to be taken, on an outside agency board that a Council IVtembei:,representing the City, sits on. City Attorney Stuparich stated that she wouldlook at that further.

Discussion of Options for Ethics Training in 2020Council Members voiced concurrence that they would like Attorney Wade Vose to

provide an Ethics Training class to meet the required 4 houirs of training for 2020.Other nearby governments could be invited to attend as well.

CITIZEN INPUT [limited to 3 minutes per speaker]There was no cidzen's input.

RESPONSE BY CIT^ MANAGER AND STAFF/COUNCIL

None Necessary.

ITEMS BY CITY ATTORNEY

No reports.

ITEMS BY CITY MANAGER

No reports.

STAFF UPDATES OF ANY)

No ireports.

ITEMS BY COUNCIL

COUNCIL MEMBER BATTISTAFirefighter Union Collective bargaining agreementHe questioned the stams of the Firefighter Union Collecdve bargaining agreement.City Manager Kutney stated that it is being reviewed by the union.

Status on Job Positions approved by CouncilCouncil Member Battista requested a status on the fiUing of the new positions whichCouncil approved in the 19/20 budget that began October 1st. City Manager Kutneystated that he wants to get the positions fllled as soon as possible but now feels thatnot filling them for the fu'st quarter has been beneficial considering the costs that willbe incurred for the PPTF. He reported on many of the open posidons the Citycurrendy has and the adverdsing and recruitment channels that are being used and/orconsidered.


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Council Member Battista supported proceeding forward with filling the positions assoon as possible. Mayor Bernardini voiced agreement.

VICE MAYOR BRAYTONNo items.

COUNCIL MEMBER ERHARDShe felt it was a good meedng.

COUNCIL MEMBER KEMERERHe felt it was a good meeting.

Status on Job Positions approved by CouncilCouncil Member Kemefef requested that Council Batdsta repeat the quesdon at the7:00 p.m. regular meeting. AU Council Members agreed.

MAYOR BERNARDININo items.

ADTOURNMENTThere being no furthei: business to consider, upon proper modon, the meedngadjourned at 4:55 p.m.

JenniferJ. Battista, CMC, City Clerk

Attest:

Joe Bemardini, Mayor


Page 35 of 290

AGENDA ITEM N0.

^l^l^)

CITY OF BROOKSVILLEMINUTES OF THE REGULAR CITY COUNCIL MEETING


7:00 pmORDER OF BUSINESS

January 6, 2020

CALL TO ORDERThe meeting was called to order by Mayor Bernardini. Also attending were ViceMayor, Pat Brayton and Council Members Robert Batdsta, Betty Erhard and WiUiamKemerer. Also attending were City Attorney, Nancy Smparich; City Manager, MarkKutney; City Clerk, Jennifer Batdsta; Interim Finance Director, Autumn Sullivan;Interim Public Works Director, Jon Dowler; Interim Utilides Director, DannyBrooks; PIuman Resources Directof, Lynn Sosa; Community Development Director,Bill Geiger; Fire Chief, Ron Snowberger; Parks and Recreation Directoir, AngieWhisnant and City Planner, Steve Gouldman.

INVOCATION AND PLEDGE OF ALLEGIANCEThe invocadon was given by Pastor Yvonne Woods, Greater Love OutreachMinistries, BrooksviUe, followed by the Pledge of AUegiance.


(Limited to City Council and City Manager)

City Manager Kutney recommended removal of the agenda item: PPTF -

Discussion of Funding Decision for annuities payout as it had akeady beenacted upon at thejanuary 6, 2020 Special Meedng held earlier in the day.

Motion:Modon was made by Erhard and seconded by Kemerer to approve the January 6,2020 agenda as modified. Motion carried 5-0.

CERTIFICATES AND PROCLAMATIONSDr. Martin Luther Kine: Tr. Dav ProclamationThe Proclainadon was read by Mayor Bernardini and it was acccptcd by LeecheleBooker, Hernando High School IVILK Committee

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PRESENTATIONS AND APPOINTMENTSA plaque vvas given to Richard Radacky, former City Director of Public Works,honoring him upon his retirement on December 31, 2019, after serving the City the

past 10 yeairs.


[NOTE: Input can be on any subject, whether or not on the agenda. However,input regarding ordinances and resoludons vvill be accepted now and at the dmethose issues are presented at the meedng. Tesdmony and evidence related to quasi-judicial matters will be heard at the time it is introduced.]

Employment Issue with the CityDarryl Mobley, City resident, advised that he had not heard anything from the Cityafter his appeal hearing held on November 7, 2019, regarding an employment acdon.

Retirement of Richard RadackvNatalie Kahler, City resident, commended Richard Radacky for his years of serviceand wished him well upon redrement.

Christmas Tree at CourthouseMrs. Kahler, in her capadty as Main Street Execudve Director, advised that they hadexperienced lighting and sound issues \vith the tree over the Christmas season due toseveral heavy rains that affected the wiring. Alternative opdons for the wiring \vill belooked at for 2020.

Mental lUness Awareness WalkCindy Gandy, County resident, updated Council on the plans fof the upcoming walkwhich tentadvely is scheduled for May 2, 2020.

Retirement of Richard RadackvM.S. Gandy thanked Richard Radacky fof his years of service and for his timelyresponse to an issue on potholes she had in the past.

Retirement of Richard RadackvDonna Morin, City resident, commended Richard for his years of service and for hishelp through the years on issues in Southway VUla/Estates.

Retirement of Richard Radackv

Jennifer Rey, County resident, advised she had known Richard through his jobs at theboth the County and the City and she commended his years of service.

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RESPONSE BY CITY MANAGER AND STAFF/COUNCILEniplovment Issye with_th^QtvCity Attorney Smparich stated that there is no time limit in the appeal process in the

personnel manual. She advised that she has left a message \vith Mr. Mobley'sattorney and will call him again tomorrow. The issue should be resolved by the endof the week.

REOUESTS FOR SPONSORSHIP CREDITDr. Martin Luther Kin2r, Tf. ParadeConsideradon of Special Event Sponsorship Credit request. Total City costs are

$601.00. Excluding the $25.00 non-refundable appUcation fee, 50% of the feeswould be $288.00. The parade isjanuary 20th at 10:00 a.m.

BiUy Healis came before Council to present the item.

Motion:Modon was made by Battista and seconded by Kemerer to approve 100% of the feesfor a total of $601.00, which is the fuU amount. Modon carried 5-0.

Entiretv K-t2 School - Familv NiffhtConsideradon of Special Event Sponsorship Credit request. Total City costs are

$183.00. Excluding the $25.00 non-refundable appUcation fee, 50% of the feeswould be $79.00. The event wUl be held January 29, 2020.

Brent Gaustad came before Council to present the item.

Motion:Modon was made by Erhard and seconded by Batdsta to approve the total cost of$183.00. Motion carried 5-0.

CONSENT AGENDAMinutes

December 2, 2019 - Regular Meeting

Withdraw Request - Merniaid Markers on City Property for inclusion in"Mermaid TraiP'Approval to rescind acdons of December 2 and December 16, 2019.

Council Member Erhard requested that the Withdraw Request - MerniaidMarkers on City Property for inclusion in "Mermaid Trail" be pulled fromConsent.

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Motion:Modon was made by Battista and seconded by Kemerer to approve the balance ofthe January 6, 2020 Consent Agenda. Modon carried 5-0.

DISCUSSION OF CONSENT AGENDA ITEMS rtF ANT)Withdraw Request - Merniaid Markers on City Property for inclusion in"Mermaid TraiP' <renioved from Consent A^endalCouncil Membei: Erhard requested clarificadon on why the Mermaid Marker projecthas been withdrawn. Natalie Kahler, Main Street Execudve Director, advised that shehad stated at a previous Council meeting that there was a concern on whethef theMain Street Program could get insurance to meet the indemnificadon clauserequirement in the license agreement. Their insurance company has advised that suchinsurance coverage does not exist. The Main Street Program has removed the City

pmperdes from the project and the project will move forvvard on other properdes.

Motion:Motion was made by Erhard and seconded by Batdsta to approve the \vithdrawrequest. The motion and second was amended to rescind actions taken at theDecember 2 and December 16, 2019 Council meedngs. Motion catried 5-0.

REGULAR AGENDAPPTFL- Discussion_^)f Fyndms Decision for annuities pavout CREMOVEDFROM AGENDA^Continuation of discussion from 1/6/20 Special Meeting.

Resolution No. 2020-02 Amendment to Beautification Board ArticlesApproval of Resoludon amending current Resoludon 85-17 to aUow the City Councilliaison posidon to now be a vodng member of the Beaudficadon Board.

The Resoludon No. 2020-02 by headnote only, as follows:

A RESOLUTION OF THE C1TY COUNCIL OF THE CYTV OFBROOKSVILLE, FLORIDA, AMENDING THE ARTICLESOF THE BEAUTIFICATION BOARD AS ADOPTED BY THECITV COUNCIL ON NOVEMBER 18, 1985 INRESOLUTION 85-17 TO ALLOW THE APPOINTED C1TVCOUNCIL MEMBER ON THE BEAUTIFICATION BOARDTO BE A VOTING MEMBER AND FURTHER CLARIFYTHE POWERS OF THE EXECUTWE COMMITTEE;PROVIDING FOR SEVERABILIT^, CONFLICTS AND ANEFFECTFVE DATE.

City Attorney Stuparich advised that this resoludon is a result of discussions at theDecember 16, 2019 Council Meeting. This resoludon \viU make the Council liaisonon the Beaudficadon Board a voting member as is consistent with other City advisoryboards. She called attendon to a typographical speUing error that would need to be


Page 39 of 290

corrected. Council Member Kemerer pointed out that when this board is full withall 7 members, adding the Council Member as a vodng member would make it an 8-member vodng board. He wondered if the membership should be lowered to makeit seven vodng members, which Mayor Bernardini agrced \vith.

There was no public input.

Motion:Modon was made by Erhafd and seconded by Battista to approve Resoludon No.2020-02 with the correcdon to the misspelling. Motion carried 5-0, as followed:

ErhardKemererBattistaBrayton

AyeAyeAyeAye

Bernardini Aye

Tos^hiba Comer Contract Piffffvback with PineUa^CountvApproval of 4-year lease for multi-funcdonal copiersa.

b. Approval of assignment

City Clerk Batdsta gave a brief overview of the current lease of 5 copiers whichexpires in February, 2020. She referred to the agenda memo which states thefoUowing locadons would receive the model E-Studio 3515AC:

1. 1 -Fire Department2. 1-lstFloorCityHall3. l-2ndFloorCityHall4. 1-Department ofPublic Works5. 1-Parks Department6. 1-Sewage Treatment Plant (this is a new location)

City Clerk Battista requested approval of the JVIutual Consent Agreement and Nodceof Assignment.

Motion:Modon was made by Brayton and seconded by Kemerer to authorize the Mayor toexecute the Toshiba Mutual Consent Agreement and Nodce of Assignment. Motioncarried 5-0.

Draft of resolution to rename "Wood Drive" to "Pastor Irene Wells Wav"Provide direction to staff to move forwaird with sending the draft resolution to allaffected pardes or provide alternadve direction.

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Community Development Director Geiger reminded all present that at the December2, 2019 Council Meeting, Council considered a request for Lester White to rename"Wood Drive" to "Pastor Irene Wells Way". Staff submitted the proposed namechange to Hernando County Addressing, who, in turn, cootdinates with the 911service. The response was that it does not conflict \vith any other name in theCounty. It was pointed out, however, that it may be difficult to express a street nameof this length in a 911 emergency. The length of the proposed name is 22 charactersand will fit on a sign according to the Hernando County sign department.

Accofding to the City's Department of Public Works, the total cost foi: the signswould be $214.50 and additional costs will be incurred for the 43 maUing nodces,which includes owners and those living at the addresses.

Lester White came forward in favor of the request to change the name of WoodDrive to Pastor Irene WeUs Way to honor his mother who lived on the street fof over55 years. He presented a petidon of over 60 signatures of those in the communitywho supported the name change. He advised that the County is considering placinga memorial in Pastor Wells' honor on T\vigg Street where she held a prayei: service forovei: 35 years.

Motion:Modon was made by Erhard and seconded by Brayton to approve staff'srecommendadon, which is to direct staff to move fonvard in sending the draftResolution to all affected pardes concerning the proposed road name change,advising that the Resolution wiU be considered by the City Council at the March 2,2020 regular meedng.

JVIotion carried 5-0.

CITIZEN INPUT [Umited to 3 minutes per speaker]There was no cidzens' input.


ITEMS BY CITY ATTORNEYNo items to report.

ITEMS BY CITY MANAGERUpdates on on-going Council directivesWithlacoochee Regional Water Supply AuthodtyCity Manager Kutney advised that with the redrement of Richard Radacky, analternate member to the WRWSA needed to be appointed.

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Motion:Modon was made by Kemerer and seconded by Brayton to appointjon Dowler as thealternate vodng member on the WRWSA. Motion carried 5-0.

Legislative Funding RequestsCity Manager Kutney reported on his recent conversation with Sam Wagner, SunriseConsuldng, regarding the legisladve delegadon requests which are sdll movingforward. After discussion, Council did not direct staff to arrange travel fof anyCouncil Members to attend legisladve meedngs at this dme.

Council I.iaison Position onVouth and Familv Alternatives BoardThe City Manager advised that based on the decision of Council at the December 16,2019, the City Clerk had informed the Youth and Family Alternative board thatCouncil would not be appoindng a representative on their Board this year. However,the contact person on Y & F has now requested that Council reconsider this posidon.

Motion:Modon was made by Kemerer and seconded by Efhard to appoint Vice Mayor PatBrayton to the Hernando County And-Drug coalidon. City Clerk Battista advisedthat it was the Youth and Family Alternadves. The Mayor confirmed the modon asYouth and Family Alternadves. [Note for minutes: City Cleirk confirmed that it is theYouth and Family Alternadves.] Modon carried 5-0.

Cross walksCity Manager Kutney provided Council with FDOT studies related to mid-blockassessments at 1) North Board Street and 2) East Jefferson Street. He stated that heshould be repordng back to Council in February on the status.

Asset Management Plan (pavetnent management plan)City Manager Kutney and Interim Public Works Director Dowler advised that staffwould be requesdng Council to consider roads to proceed with for coire samples todetermine viable candidates fof mill and resurfacing. Alternatively, Council couldchoose to do a larger road.

Retirement of Richard RadackvInterim Public Works Directoi: Dowler advised that he enjoyed working for RichardRadacky and wiU do this best in serving as Interim at this point in dme. He thankedDanny Brooks and DPW Administradve Assistant, Jennifer Nunez, fof theirassistance.

STAFF UPDATES fIF ANY)

None.

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Page 42 of 290

ITEMS BY COUNCIL

COUNCIL MEMBER BATTISTAStatus on Job Positions approved by CouncilCouncil Member Batdsta advised that at the Special Meedng held earlier in the day, herequested a status on the fiUing of the new posidons which Council approved in the19/20 budget that began October 1st. City IVtanager Kutney updated Council on the

posidons of City Engineer, Special Pirojects Coordinator and the I.T. Coordinator.

New Website Start DateCouncil Membei: Batdsta quesdoned when the new website will be on-line. CityManager Kutney advised that staff has a scheduled meeting \vith Civics Plus to beginworktng on the other Department pages. Council Member Batdsta expressed thedesire that the other pages not take as long as the home page and he would hope thatthe Departments are worldng on those pages now.

COUNCIL MEMBER ERHARDShe thanked all for coming.

Mental lUness Awareness WalkCouncil Member Erhard appreciated the update on the upcoming Walk and she plansto participate.

Loos^Doffs in Citv_Council Ivlembei: Efhard read an email she received: I have walked and run a 10 Kroute in Brooksville for over 20 years. The past 6 weeks has had several loose dogsthat have aggressively come at us. I am now going to carry pepper spray. It dismaysme that I no longer feel safe in our litde city. JVIay quesdon for you —do we haveanyone who can patrol our streets fof loose dogs? The city police used to do a greatjob at this. Thanks, Betty, for youi: attendon to this matter.

The HCSO representadve advised that he would pass it along to the PICSOsupervisors. City Manager Kutney advised that he would address this at the nextday's Desdnadon Brooksville meedng as a PICSO representadvemeetings.

attends those

Mayor Bernardini quesdoned the area involved. Council Member Erhard felt it wasdowntown Brookville but stated that the email did not say. Mayor Bernardinirequested that Council Member Erhard contact the resident and find out where thedogs are so the HCSO could better address it.

COUNCIL MEMBER KEMERERHe thanked aU for coming.

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TCD minutes in CTNCouncil Member Kemerer quesdoned why the October 24, 2019, TDC minutes werein Correspondence to Note. Mayor Bernardini advised he would explain later in themeeting.

Main Street Program 1st Quarter PresentationCouncil Member Kemerer questioned when the presentation would be. MayorBernardini advised it would be on the February 3, 2020 agenda.

Withlacoochee Regional Water Supply Authority MeetingHe remindedjon Dowler of the next WRWSA meeting onjanuary 15 .

Transpoftation Buses in City Hall Parfcing LotCouncil Member Kemerer felt that City HaU seems to be a bus storage area forHernando County. He does not mind having a bus stop fof buses that stop for a fewminutes. He advised that he came to City Hall three different dmes and it was thereaU three dmes and one dme it was the same numbered bus.

Council Member Kemerer wondered if there was any way staff could contactHernando County Bus Transportation and find out why it is sitdng in the city's

parldng lot. He felt that the County has other locations if the bus needs to sit andhold to get back on schedule. He did not agree with the City HaU parking lot being aholding pen and disrupdng the flow of tcaffic in the City's parking lot.

Vice Mayoi: Brayton added that it makes it difficult to park. The bus was there whenhe came for his meeting at 10:00, again at his meedng at 12:30 and again at hismeeting at 6:30.

The Vice Mayor offered that if the bus is sitting there constandy, the City should beable to do something. It should only be sitting there a few minutes fof riders to getoff and on.

Motion:Motion was made by Kemerer and seconded by Brayton that the City Managercontact the Hernando County Bus Transportation and discuss with them Umidng theamount of time the buses spend in the City HaU parking lot. Motion carried 5-0.

Dr. MLK, Tr. ParadeCouncil Member Kemerer quesdoned the dress code, the dme the Council IVIembersare to meet and whether they will be walking or riding. The City Manager would getthe information to Council.

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VICE MAYOR BRAYTONRecycling is Wednesday.

City Manager EvaluationsIn response to Vice Mayor Brayton's request for clarificadon on the submittal of theCity Manager Evaluadons, Mayor Bernardini stated that they are to be turned into theClerk to be date stamped.

MAYOR BERNARDINIHe wished aU a happy New Year.

I.T. ContractMayor Bernardini noted that Clerk of Court, Doug Chorvat, was present at themeedng and quesdoned if he would Uke to address Council regarding the contract.Mr. Chorvat stated that network evaluations are ongoing. He commended theToshiba copier lease terms which were approved earlier in the meedng and herequested coordination \vith County I.T. staff to schedule transidon of the newcopiers. City Cleirk Batdsta advised that the Deputy Clerk had akeady reached out onthat issue.

Regarding the I.T. contract, he advised that they would be putdng that together soonand the terms of it may depend on the funcdons of the yet to be fllled City I.T.Coordmator.

TCD Minutes in CTNMayor Bernardini expressed the desire that the minutes be referenced onCorrespondence to Note and noted that they are available in the Council Chambersfor review. They would not need to be printed in the Council packet. He requestedthat it be any boards that the Council Members belong to, as well as aU City AdvisoryBoards.

Resi22iation_Qf KeU'vJ^affadrost -J3afks^ind Recreation Advisorv BoardMayor Bernardini thanked alternate member KeUy Lagadrost for her past service onthe board. Regarding a question from Council Member Erhard on the currentvacancy on the Parks and Recreation Advisory Board, City Clerk Batdsta advised thatshe does periodic press releases and this posidon has already been noticed.

Hernando County Offices Move to AirportMayor Bernardini discussed the County's proposal to move administrative offices tothe airport and what he felt may be an adverse impact. He wondered why the Courtsystem could not be moved to the airport and leave the administradve offices inBrooksville.


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Council Member Battista pointed out that a lot of offices have already moved and heoffered that it may not be as big an impact as one might think. It was his opinionthat the Clerk of Court offices and the Court system should stay in Brooksville.

Clerk of Court Chorvat stated that it is his understanding that about 23 Clerkemployees would go to the new facility at the aiirport if it is built. He also expressedhis thought that building a new courthouse is more expensive than building a new

government center.

I.T. ContractCouncil Member Batdsta noted that Clerk Chorvat mentioned that his staff is waidngfor the fiUing of the City's I.T. Coordinator posidon before the I.T. Contract isfinalized. Council Member Battista hoped that would mean that the City Manager\viU move quickly on finalizing the I.T. Coordinatof job descripdon.

ADTOURNMENTThere being no further business to consider, upon proper modon, the meetingadjom-ned at 8:46 p.m.

Jennifer J. Batdsta, CMC, City Clerk

Attest:

Joe Bernafdini, Mayor


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AGENDA ITEM N0.o.14.1 (<•)3^

CITY OF BROOKSVILLEMINUTES OF THE SPECIAL CITY COUNCIL MEETING


1:00 pmORDER OF BUSINESSJanuary 27, 2020

CALL TO ORDERThe meedng was called to order by Mayor Bernardini. Council ]VIembers addidonallyattending were Vice Mayor, Pat Brayton and Council Members Robert Batdsta, BettyErhard and William Kemerer. Also attending were City Attorney, Nancy Stuparich;City Manager, JVIark Kutney; Community Development Director, Bill Geiger; StreetsSupervisor, Joe Nelson; Parks and Recreation Directoi:, Angie Whisnant; City Clerk,

Jennifer Batdsta; and Interim Finance Director, Aummn Sullivan.

PLEDGE OF ALLEGIANCE


(Limited to City Council and City Manager)

Motjon:Motion was made by Kemerei: and seconded by Batdsta to approve the January 27,2020 Special Meedng agenda. Motion carried 5-0.

PRESENTATIONSHonoring Bill Geiger, ComiTiunity Development Director, upon his redrement on

January 31, 2020, after serving the City for over 28 years. Council Members thankedBill Geiger for his many years of service. Jennifei: Batdsta, City employee, cameforward to advise that she worked many years with Bill Geiger, adding that he was awonderful boss and friend and will be missed.


[NOTE: Input can be on any subject, whether or not on the agenda. However,input regarding ordinances and resolutions will be accepted no\v and at the timethose issues are presented at the meedng. Testimony and evidence related to quasi-judicial matters will be heard at the time it is introduced.]

No citizen's input.

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AGENDA

Parks and RecreationLand and Water Conservation Grant ApplicationAngie Whisnant, Parks and Recreadon Director, came forward to explain the grantapplication for Phase I of the fLiture impi'ovements for the Quarry ParkDevelopment. The applicadon cycle is open fcomjanuary 13 through January 31st.There was an adverdsed public meeting facilitated by City staff to explain the grantheld January 7, 2020. Further discussions were held at both the Parks and RecreadonAdvisory Board on January 16, 2020 and the Beaudfication Board meeting onDecembei-10,2019.

The project is designed for a portion of the Quarry area and she went over the

pmposed areas for the splash pad, picnic facilides, playgi-'ound, restroom facUides andfencing. She stated that she took the top elements from the Quarry JVIaster Plan

public meetings and has slated them to be Phase I of this Land and WatefConservation Grant. The grant is foi: $400,000. The City is responsible fof the costsup front then would be reimbursed for 50%. The City has 3 years to complete the

projects but extensions could be requested if needed.

Council Member Kemerer caUed attention to a mathematical error on page 7 of theapplication and Director Whisnant agreed it would need to be changed. CouncilMember Kemerer noted that according to the criteria, the City Manager wiU need tosubmit letters of support. City Attorney Stuparich suggested that the City Managerbe authorized to sign any and all documents which may need to be signed in the grantsubmittal to make it broader.

Motion:Modon was made by Kemerer and seconded by Brayton to authorize the CityIVIanager to executed the cerdfying letters as called for in Part II- Evaluadon Criteria,Item A General Criteria 1) Capital Improvement Plan, item A. Motion carried 5-0.

Motion:Motion was made by Kemerer and seconded by Battista to approve the grantapplication and authorize the City Manager to execute any additional documents, thathave no fiscal impact, in order to move the grant forward and that the amountrequested be corrected. Modon carried 5-0.


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Verbal update on upcoming Parks' programs/initiativesParks and Recreadon Directof Whisnant stated that the goal for programs is toendeavor to plan for a year out and have them coincide \vith the budget. Shereported on 1) pickle ball program 2) fitness classes 3) Friday Night Done Right 4)

plans for an acdvity guide 5) 5-K run in the fall and 6) Major League Baseball's Pitch,Hit and Run.

Update on mid-block crosswalk assessment (from 1-6-20 mtg)City Manager Kutney went over the staff iTiemo, which is outlined as foUows:

Injanuary 2019 City Council requested consideradon of two (2) crosswalks at theCourthouse due to safety concerns. The Florida Department of Transportadon (FDOT)has reviewed the request and agrees with Council's concerns. Flow of automobiles,

pedestrian, and bicycle counts were performed, and due to the hlgh intenslty of traffic,crosswalks with appropriate signage, light beacons, pavement striping etc. is certainlywarranted. FDOT is requesdng approval to proceed with engineering and design of three

(3) crosswalks. One crosswalk would be on the north side of the courthouse, crosslng East

Jefferson Street. The other two crosswalks would be on the south side of the courthouse,crossing Broad Street (See Attached).

BUDGET IMPACT: Funding in excess of $300,000 for the crosswalks design, engineeringand construcdon would be provided by FDOT with no direct costs applied to the City.

STAFF RECOMMENDATION: The PubUcWorks Department has reviewed theconceptual plans provided by FDOT and has no major concerns at this time.Motion to approve FDOT to proceed with design, engineering and construcdon with theunderstanding that FDOT will take into consideradon any concerns or quesdons by CityCouncil or Staff that may occur.

At this dme staff concerns or quesdons for FDOT to consider include:

• Has FDOT considered the effect to the crosswalks if in the future the roadwaysbecome 2-way traffic?

• Could the crosswalk lights be on poles that match or are similar to the decoradve

poles already being used in the downtown area?

City Manager Kutney advised that staff is recommending that Council make a modonto authorize the City Manager to send a letter to FDOT stating that the City is inagreement with the current concepmal design, engineering and construcdon plans.

Council Member Kemerer questioned the crosswalk onjefferson St. and wondered ifit eliminates one of the parking spaces. Street Supervisor, Joe Nelson, stated that hewould check on that.

Mayor Bernardini called attention to a particular sidewalk cut that has the bumps forblind people but immediately across the street, there is no corresponding sidewalk cutwith bumps. Street Supervisor Nelson would check on that.


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JMayoi: Bernardini advised he had read that there is a legislation proposed to turn the

yellow flashing pedestrian lights to red. If approved, that would done be through theCounty maintenance of the traffic lights.

City Manager Kutney noted that in the letter to FDOT, he would advise that it is theCity's understanding that FDOT is not looldng fof any funds from the City.

Motion:Modon was made by Brayton and seconded by Kemerer to authorize the CityManager to send a letter to FDOT stadng that the City is in agreement with thecurrent concepmal plans for design, engineering and construcdon and that FDOT

provide a response to the questions posed (listed above). Modon carried 5-0.

Citv Manasrer EvaluationCouncil Member Erhard expressed the desire to hear from those who gave highscores and why. Mayor Bernardini called for any further discussion and there wasnone.

Motion:Motion was made by Brayton and seconded by Kemeret: to approve the Mayor'srecommendadon which was that the City Council approve a 3% merit-based increaseto his annual base salary in the amount of $3,198.00 keeping in line with the 3%increase aU general employees received beginning in October, 2019 and accept theevaluation ireport as submitted.

Mayor Bernardini called for further discussion and there was none. Modon carried 4-1, with Erhard voting in opposidon.

Discussion of Prionties for 2020Council discussed the Ust of Priorities approved by City Council onjanuary 28, 2019outlined on the agenda backup informadon, as follows:

l) Development ofanew collective Bargaining agreement with FireUnion Local 4661The negotiating team and I have negotiated the collective bargaining agreementwith local 4661 and presented them with a draft for ratification. It is expectedthat the Union will ratify the agreement and Staff will bring the collectivebargaining agreement to City Council for approval on January 27, 2020 orFebruary 3, 2020.

2) Development of a Comprehensive CIP and Capital Budget inconjunction with the FY 20 BudgetA new Capital Budget and Capital Improvement Plan in conjunction with the FY20 Budget were adopted in September and December of 2019. Staffis currently inthe process ofproducing hard copies for City Council.

3) Development ofa new WebsiteStaff has been working with Civicsplus to develop and complete the new website.

January 27, 2020 —Special MeetingPage 43/2/20 Reg Council Agenda Packet

Page 50 of 290

City Council reviewed website samples over the course of several meetings andselected the desired format and structure of the new website. The consultant andstaff are now working on content issues and Civicsplus has indicated that thewebsite will be ready to go live on February 12, 2020. Staff will coordinate toensure that City Council sees the website one last time shortly before going live.

4) Review of the existing Fire Assessinent for Iinproveinent andfinancial utility in funding the Fire DepartmentThe Fire Assessment vehicle was reviewed and modified from the Availability tothe Demand Method with the assistance of Bryant Miller Olive and StantecConsulting Services. The project was completed in two phases, review andassessment of the Demand Method and conversion from the Availability to theDemand method. The new Demand Method was employed in concert with the FY20 Budget.

5) Procureinent PolicyAll research has been completed and I am currently in the process of preparingthe outline and initiating commencement of policy drafting. These projects havebeen the toughest to complete due to the blocks of time needed withoutinterruption and competing job necessities. However, I am making it a toppriority for the start ofthis calendar year.

6) Personnel PolicyThis project will be another high priority that will need my attention and that ofthe City Attorney's Office. I have completed research related to base sources that Iwant to utilize in association with fresh "state of the art" drafting. As in 5 above,the challenge is freeing up the necessary time to complete the project.

7) Continued review of alternatives and associated actions regardingthe provision oftechnological servicesA great deal of activity has occurred regarding this initiative that is stillcontinuing and will remain a multiyear project in terms of establishing a plan andvision for IT components in the City. On April 22, 2019 The City Council andStaff conducted a Special Meeting that almost served as a summit for this matter.All issues pertaining to Information Technology were discussed. The Staff hasproceeded in several directions in an effort to establish the right environment formoving forward with IT concerns. This has included continuing efforts by the ITManagement Team working on this issue. Possible paths of action included:development of a solicitation for IT services, the potential of a Consultant toexamine and investigate future directions and a switch to a remote vendor. At thispoint in time, City Council has elected to wait on a computer sendces proposalfrom the Clerk of the Courts, to postpone an IT consultant review and to employ aStaff IT Coordinator. I have completed the job description for this crucialposition.

8) Development ofCityWide Succession PlanNo significant activity has occurred with this work priority other than someinitial research. The City is currently in the midst oftransition in many areas. Oneof these areas relates to Staffing and employees pursuing retirement. CityOrganizational structure has been addressed but still needs further refinementand modification. A succession plan will be implemented in affiliation withclassification review and other endeavors from a human resources perspective.


Page 51 of 290

9) Econoniic DevelopmentNo major activity has occurred with this work item other than the planning for aspecial meeting/workshop on economic development that was postponed anddeferred by City Council until 2020; research in association with future economicactivity, and discussion with a marketing concern relative to branding/economicprogram. I have always believed this item to be a high priority and I am desirousof moving forward in this regard as a necessary step that this City needs foreconomic health and vitality.

10) Roadway Managenient Plan/Storinwater InfrastructureSignificant action has occurred and will continue to occur on this work endeavor.Staff proposed a funding plan which City Council approved. This plan earmarks$615,000 in the FY 20 Budget which includes $15,000 for core drilling samples,$100,000 for milling projects and $500,000 forconstruction/reconstruction/milling projects. Staff has currently proposed roadsections for the 2020 schedule and will be bringing these recommendations toCity Council for approval in the next month. Staff is also working on movingforward with assigning the work task of Stormwater Utility Solicitation to one ofThe City's continuing engineering consultants.

ll) Consultant's Competitive Negotiation Act (CCNA)This item was completed. The City Council ratified the Selection Committee'schoices of engineering firms for continuing services contracts. The City has six (6)firms under continuing service contract.

12) Merit Review ProgramThe only activity that I have conducted to date regarding this work priority isinitial research. Again, this will be part of the human resource initiatives that Iam proposing for calendar year 2020.

13) Master Plan for QuarryThe Staff conducted four (4) Master Plan Public Meetings during February (6, 7,ii, and 13) 2019 and Elliot Barth provided a Pro bono concept plan as a result ofthe plan meetings. AfLer some additional public review, Staff is currently at workin pursuit of Land and Water Conser^ation Fund (LWCF) grant funding throughthe State. This will be a multi-year project that will be subject to considerablerefinement in the future.

14) Police Pension FundThe Staff and I, as well as the City Attorney's Office, have monitored the activitiesof the Police Pension Trust Fund Board during the year. Additional work activityhas occurred relative to Substitute Trust and City Strategy with City Council andthe City's Pension Attorney Jim Linn. On January 6, 2020 the City Councildirected Staffto provide $1,518,214.65 in funding for continuing efforts in endingthe plan. There will still be some activity associated with closing this plan during2020.

15) FY20 Budget Process and City Reorganization Effort inconjunction with BudgetI have taken liberty to add this project as the fifteenth major project priority.During the start of FY 20 budget preparation, City Council asked me to undertakea major reorganization and restructuring of several City departments andfunctions. This resulted in reorganizing roughly sixty-five percent (65%) of the


Page 52 of 290

City work force. This item was completed in collaboration with the FY 20 Budget.

Council Member Kemerer felt that, although important, the personnel and

procurement policies are internal administradve matters. He expiressed his opinionthat Economic Development is a high priority.

City Manager Kutney discussed the concept of a City-wide succession plan asbrought up by Council Member Kemerer and Council Member Battista felt that thesuccession plan is internal as weU. City Manager Kutney added that it, as weU asmany others, are PIuman Resources related to make the organization stronger.Council Member Kemerer felt that reestablishment of the City Management teamshould be a top priority. Council Members Erhard and Batdsta voiced concurrence.

City Manager Kutney discussed an oveir-all merit review process for all employees andCouncil Member Battista expressed his opinion that it should be fof DepartmentHeads and managers. Council Member Kemerer voiced agreement. City ManagerKutney contributed that the merit review could be for all exempt employees.

Council Member Batdsta discussed plans for updadng the procurement policy and

personnel manual to include a disciplinary plan and he felt these should be donesooner rathei: than later. City Manager Kutney went over plans to update the

procurement policy.

Regarding Economic Development, Council Member Battista felt that Council wouldneed to be involved completely in reviewing documents at an initial meedng, thencome up with a plan and then perhaps invite speakers to come before Council toreview programs.

Mayor Bernardini advised that this meedng is tentadvely scheduled for February 24,2020. He requested that Council bring forward at the February 3rd meeting any ideasCouncil would like to discuss.

Council Member Erhard contributed that the City Manager's work load is a lot andshe was unsure when he would have dme to be involved in of focusing on economicdevelopment.

Council Member Erhard agreed that staff management and a succession plan shouldbe a priority. She agreed that procurement and contracts should be a priority as weU.She brought up, and the City Manager discussed, the number of procurement cafdsand fuel cairds distributed to City employees. She felt it was important that contmctscontain the correct contact information.

Council Member Erhard called attention to request she made earlier in the meedng tohear more informadon regarding the City Manager's evaluadons. She felt that theVice Mayor dismissed her request and went on to make a modon. Mayor Befnardiniexpressed the desire that her request should have been made clearer but offered his


Page 53 of 290

apology for not follovving up on that request.Erhard could discuss it further if she so desires.

PIe offered that Council Membei:

Council Member Erhard ireferred to the City Manager's contract frorn 2017 whichstates that his address is Wellington, Florida. She felt that she sits on Council anddoes not slide by because she rents here but she can say she lives here and owns ahome here.

Motion:Modon was made by Kemerer and seconded by Brayton to add the Council Member'sindividual evaluadons to the agenda packet and that they be posted on the website.Motion carried 5-0.

Regarding the address listed in the contract, City Manager Kutney advised that helives in Candlelight in Brooksville and votes here. He reminded aU that the originalcontract was entered into in 2017 before he was an employee.

Council Member Batdsta recalled County Administrators who rented property ratherthan owned and did not see that as a matter of concern. Vice Mayor Brayton agreed,adding that City Council is not required to own property and finds it difficult torequire the City Manager to own property.

Mayor Beirnardini stated that he does not remember discussing that the definition of"living here" means "buy a house here". M'ziyor Bernardini did not have a problemwith changing the contract, as long as it is legal, to change the address to reflectwhere Mr. Kutney lives and votes.

Motion:Motion was made by Brayton and seconded by Kemerer to amend the City Manager'scurrent to show his current resident address. Motion carried 5-0.

Regarding the project list, Council Member Kemerer felt aU twelve weire importantand maybe the ranking does not make much difference.

Mayor Bernardini agreed that aU the projects are important but he expressed histhought that of high priority should be the welfare of the personnel. He brought upwhat he felt was the need to further address security issues as discussed by Councilseveral months ago. He also felt that overaU review of City polices was important aswell. City JVIanagei: Kutney advised that former contract employee, Paul Sireci, had

gone through the policies and prepared a report but he has not been able to review itfurther.


Page 54 of 290

Mayor Bernardini noted that included in some of the descripdons of the projects waslanguage that the chaUenge is freeing up necessary dme to complete the pmject. Herecalled that Council gave the City Manager authorizadon to hire a position to assisthim with projects but it had not been fUled yet. City Manager Kutney stated that heappreciated Council authorizing that posidon. He added that the reorganization ofthe departments and issues regarding the Police Department, which is not100% doneas far as inventory, has caused a delay in the development and posdng of the jobdescripdon.

Mayor Bernardini expressed his opinion that is not a list in ordet: of when Councilwants things done. Council discussed I.T. issues, the current contract with the Clerkof Court and the City's I.T. Coordinator job descripdon that should be going outsoon.

City Manager Kutney advised that he would need to listen to the audio to check onCouncil s direcdon on the security measures.

Mayor Bernardini stated that further discussion of the road management plan shouldbe on the February 3, 2020 meeting which the City Manager confirmed.

Motion:Modon was made by Brayton and seconded by Kemerer that these are the prioridesfor the 2020 calendar year, in no pardcular order. City Attorney Stuparich clarifiedthat it is a list but not a ranking. Motion carried 5-0.

CITIZEN INPUT [Umited to 3 minutes per speaker]No cidzens input.

RESPONSE BY CITY MANAGERAND STAFF/COUNCIL

None necessary.

ITEMS BY CITY ATTORNEYDiscussion of possible dates for upcoming Sunshine Law/Ethics fequiredtraimnsAfter discussion, it was decided to hold the required 4-hour Ethics/Sunshine LawTraining on April 7, 2020 from 1:00 - 5:00 p.m. Attorney Wade Vose wiU beconducdng the training. It was the agreement of aU Council Members that contactwiU be made with neighboring communides to invite them to the training. CityAttorney Stuparich stated that the City Manager or the Mayor could reach out \viththat offer. She will bring back confirmadon of that date and dme at the February 2ndCouncil Meedng.

Mayor Bernairdini stated that he may not be attending as he plans to receive thetraining at the Annual FLC confeirence in August, 2020.


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ITEMS BY CITy MANAGERUpdate on transpoftation buses in City Hall parking lot (no attachments)City Manager Kutney informed those present that he contacted Ron Pianta withHernando County about the amount of time it seems that the BUS is spending in theCity Hall parking lot. Mr. Pianta stated that the extended layover is due to switchingout bus drivers. City Manager Kutney advised that he has since observed animprovement and it would appear that the BUS is not parked there as long. Mr.Pianta advised that the construcdon of a new bus shelter is being considered.

Do2rs Loose in Downtown AreaCity Manager Kutney advised that Council Member Erhard mentioned at a previousmeeting a complaint she had received from a cidzen about loose dogs in thedowntown area. The City Manager stated that the complaint was from Ms. Lovedayand Ms. EUis. He reached out to Sergeant Lillibridge with the HCSO, Animal ControlDivision. Sergeant LiUibridge will be reporting at the February 3 meeting. CityManager Kutney advised that he spoke to Ms. Loveday, who also will be attending theFebruary 3 meedng.

Mayor Bernardini brought up fof discussion a complaint received about peoplefeeding cats at the Post Office and behind the Teen Hall on Fort Dade Ave. Thosefeeding the cats are leaving cat food cans and pouring out cat food and it is attractingbuzzards and rats. It was the Mayor's understanding that both the Post Office and theHCSO have installed signs that say "Please do not fee the cats" and he believes the

problem continues.

Council Member Erhard advised that she has fed the cats in that area but no longerdoes. She added that she can attest that people are leaving cat food cans and debrisbecause she has occasionally picked up aftei: them.

Economic Development Meeting - February 24, 2020He discussed the meeting and reminded Council to think about who they would liketo hear presentations from and report it to him at the February 3rd meedng.

Mayor Beirnardini stated that he would like the inidal meedng to be more staff andCouncil related before outside agencies are brought in. Council Members Erhard,Batdsta and Kemerer voiced agreement.

Hirinff of Vacant PositionsCity Manager Kutney reported on the vacant posidons. He advised that, dependingon the posidon, the jobs are now posted \vith reciruitment and job posdng agenciessuch as FCCMA, ZipRecruiter, FLC, City website, Florida Government FinanceOfficers Associadon, SHRM (Society for Human Resource Management), AmericanPublic Works Association, APA Florida Chapter, the Florida Engineering Society andother locadons. On the City Engineer posidon, a flyer was distributed to


Page 56 of 290

approxknately 20 municipalides. He stated that if there is no success \vith therecruitments, he may come back to Council to look at other possibilides to enhancethe package such as a signing bonus or FRS management classificadon.

Discussion ensued regarding all the vacant posidons, the importance of the openmanagement positions and the pay scale offered by the City. Council MemberKemerer voiced his opinion that the City IVIanager should come back to Council vvitha recommendadon. He felt that Council could consider authorizadon to go intoreserves for money to get more compeddve on the vacant posidons. City ManagerKutney agreed but would like to first see the results from the posdngs on therecruitment agency sites such as ZipRecruiter

Vice Mayor Brayton was encouraged to know that the City Manager was looking atsalaries and different ways to hire for the vacant positions. If needed to come backto Council, he hoped it could come back a month to six weeks. Mayor Bernardiniand Council Member Kemerer did not feel it could wait that long. Mayor Bernardinifelt that the plan should be prepared now so that in three weeks or a month, Councilcould be ready to adopt the plan without having to discuss it again at a meeting.

City Manager Kutney stated that he would try to come back with something by theMarch 2nd meeting. Mayor Bernairdini and Council JVIembers Erhard and Batdsta felthe should try for a meeting in Februairy. Vice Mayor Brayton reminded all that assoon as the City M'anager comes up \vith figm-es, the Mayor can call a Special Meedngany dme. Council Member Battista agreed, stating it could be a short meedng toapprove it.

STAFF UPDATES OF ANDNone.

ITEMS BY COUNCILCOUNCIL MEMBER ERHARDShe thanked the viewers watching and felt it was a good meedng.

COUNCIL MEMBER KEMERERHe felt it was a good meedng.

Dr. Martin Luther Kinsr, Tt., LuncheonHe reported on the success of the recent luncheon held and the interesdng guestspeakers who were present.

HCSO'S STAR COMCouncil Member Kemerer reported on the recent Star Com meedng he attended. Hewondered if the sheet that is distributed sho\ving the core crimes and criminalmischief for the month along with the running total for the current year and previousyear, could be emailed to Council. and posted on the website. All Council Members


Page 57 of 290

voiced agreement. Council Member Kemerer encouraged Council Members toattend the Star Com meedngs.

COUNCIL MEMBER BATTISTAHe felt it was a good meedng.

Hiring of Vacant PositionsHe felt it was important to start filling positions.

VICE MAYOR BRAYTONNo items to report.

MAYOR BERNARDINISplash Park in BeUviewMayoi: Bernardini advised that the splash park on a turf surface in Bellview is smaUbut very nice and includes a kiddie playgiround, benches and a picnic table area. Heencouraged Parks' Director Whisnant to take a look at this facility and see what kindof issues the City may have had \vith the project.

Surplus of Christmas DecofationsIt was the Mayor's understanding that surplus of Christmas decoradons \viU be on theagenda fof consideradon at an upcoming Council meedng. He did not know thecondition of them but felt that there are a lot of areas in the City that could use moreChristmas decoradons. Council Members Battista and Erhard agreed.

Property at Corner of Dr. M.L.K, Jr. Blvd/Main Street and the Property onLiberty Street behind the Old Christmas House (not BHA property)Mayoi: Bernardini stated that these properties are an eyesore and ai-e examples of theneed for a plan to clean up these types of properdes in reladon to economicdevelopment discussions.

Sidewalks on Howell Ave. and North Ave.Mayor Bernardini recaUed discussions at the Intergoveirnmental Meedng held inDecember beUveen the City, County and School Boaird about a sidewalk project onHoweU Ave. that was prioridzed as needing to be completed. He was unsure wherethat was or if it was an MPO project. He stated he would like to know more detailsregarding this. Council Member Erhard encouraged review of the minutes 01: video.

ADTOURNMENTThere being no further business to consider, upon proper modon, the meedngadjourned at 3:25 p.m.

Jennifer J. Batdsta, CMC, City Clerk

Attest:

Joe Bernardini, Mayor


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CONSENT AGENDA ITlMEMORANDUM

NDA ITEM N0.,M-3t3l»|^o

HONORABLE MAYORAND CITV COUNCIL MEMBERS

DANNY BROOKS, INTERIM UTILITIES DIRECTOR

MARKA. KUTNEY, C1TY MANAGER ^U4,SUBJECT: SUNSTATE METER AND COMPANY - PIGGYBACK W

HERNANDO COUNTY

DATE: MARCH 2, 2020

C1TY MANAGER RECOMMENDATIONSiMotion to i) approve to piggy back on the Hernando County contract with SunstateMeter & Supply, Inc. to purchase radio read meters and associated equipmentthrough April 2021, which is the conclusion ofthe contract extension and b) Approve forMayor to execute the Mutual Consent Agreement.

REPORT IN BRIEF:All ofthe radio read water meters in Brooksville are Sunstate Meters. Staffhas nothad a history ofproblems with these meters. The reading software is set to read theexisting meters. Continuing the purchase of Sunstate Meters will continue anywarranty needs for meters that are in the field. With the growth ofnew construction,the need for radio meters is growing.

CONCURANCES:REVIEW PROCESSAutumn Sullivan, FinanceCity AttorneyJon Dowler, Public Works

FISCAL IMPACT: Funds for the new meters are budgeted in line item 55224 401021 536. The cost ofeach meter is $182.00 each.

ATTACHMENTS:l. Sunstate Meter & Supply, Inc. letter authorizing the City to piggy back with

Hernando County.2. Bid document from Sunstate IVIeter & Supply, Inc. to Hernando County.3. Bid Document Condition Number 32 from Hernando County's Agreement

authorizing Other Governments to Piggyback on their Bid.

4. Quote for meters.5. Acceptance ofbid6. Mutual Consent Agreement


Use thisform to provide your approval or questions/comments and save under theappropriate agendafolder on the H drive

Name [Autumn Sullivan

DateofMeeting |3/2/2020

Agenda Subject: (i.e. Art |Sunstate Meters - Piggyback H.C.Gallery Coordinator)

Approval yes or no |Yes

Questions/ Comments |None



Name (Nancy Stiiparich, City Attorney

Date of Meeting J3/2/20

Agenda Subject: Ci.e. Art [Sunstate Meters - piggyback with HCGallery Coordinator)

Approval yes or no V^T^

Questions/ Comments^&^-Cc^c^i O^A^Z



Name |Jon Dowler


Agenda Subject: (i.e. Art |Sunstate Meters - Piggyback H.C.Gallery Coordinator)




ATTACHMENT1

1- SUNSTATE METERil^ & SUPPLY,INC.

June26,2019

Mr.TraceyGerthPublic Works DepartmentCityofBrooksville600 South Brooksville Ave.Brooksvilte, Fl. 34601

RE: CIT/ OF BROOKSVILLE PIGGYBACK OF HERNANDO COUNTY CONTRACT#17-TS0053/DKRADIO READ METERS AND ASSOCIATED EQUIPMENT

Mr.Gerth,

Per your request, this letter is to inform you that the City of Brooksville has been approved to piggyback to

purchase from the Hernando County contract fisted above with Sunstate IVleter & Supply, Inc.

We are currently in the second two-year renewal term ofthis contract and there is one more possible two

year term available prior to the end of this contract.

We appreciate the past business we have received from the City of Brooksville and look forward to meeting

your water metering needs in the future.

Best regards,

JTeff^KCmbrough'DirectorofSalesSunstate Meter & Supply, Inc.Phone; 352-516-9791Email: [email protected]

CC: Jarod Olson -Sales RepresentativeKaren Whittle - Contracts Specialist

14-00.1 W Newberry RoadNeuberry, FL 32669

Local 352-332-7106 800-342-3409


ATTACHMENT2

SOLIC1TATION - OFFER - AWARD

SOLICITATION

OFFER(TERMS, CONDtTIONS AND SPEOFICATIONS ARE INCLUDED AS PARTS HEREOF)

IN COMPL NCE WITH THE A80VE, THE UNDERSIGNED, BEING DULYAUTHORIZED TO SIGN THIS BIDFORTHE BIDDER, AGREES THATIF THIS OFFER IS ACCEPTED WITHIN NINETY (90) DAYS FROM THE BID OPENING DATE, TO FURNISH TO HERNANDO COUNTYANYANDALL ITEMS FORWHICH PRICESARE OFFERED IN THIS BID SOLICITATION ATTHEPRICE(S) SO OFFERED, DELIVERED ATDESIGNATED POINT(S), WITHIN THE TIME PERIOD SPECIFIED, AND AT THE TERMS AND CONDITIONS SO STIPULATED IN THESOLICITATION FOR BIDS.DJSCOONT FOR PROMPTPAYMENT: .% 10 CALENDAR t>AYS- .% 20 CALENOAR OAYS CALEWDAR DAYdl e t: J U D a ^BIDDER'S INFORMATION

sIf^ySTATE_METER & SUPPLY,INC.T-9re01 W. NEWBERRY ROAD

IEWBERRY. TLORIDAZip Code.

32669Phorffi Number

NAWE AND TrTLBOF PER30N AUTHOftWDTO StfiN B1D OFFSSt:

BIDDER'S SIGNATURE

v\.^.^^^-^QFFER DATE

3/23/17

AWARDrr0 BE COMPLETED BY COUNTY)

SOUCITATION jl:

17-TS0053/DKSOLIcrTATION TITtE:

RADIO READ METERS &ASSOCIATED EQUIPMENT

OATEISSUED; CONTRACT!»:

17-TS0053/DK

ISSUED BY:BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDAWayne Dukes, Chairman

Steve Champion, Vice ChairmanJohn Allocco, Second Vice Chairman

John MittenNicholas W. Nicholson

HERNANDO COUNTV PURCHASING AND CONTRACTS20 NORTH MAIN STREET, ROOM 365

BROOKSVILLE, FL 34601-2800

Leonard B. SossamonCounty Administrator

SUBMIT TWO (2) ORIGINALS, FOR FURNISHING THE SERVICES, SUPPLIES OR EQUIPMENTDESCRIBED HEREIN WILL BE RECEIVED ATTHE OFF1CE OF HERNANDO COUNTY, PURCHASJNG AND CONTRACTS, 20 N. lulAIN ST., ROOM 365, BROOKSVILLE, FL 34601TTEMN07 DESCRIPTION OF SERVICE/SUPPLIES/EQUIPMENT QTY

-UNTTUNItPRiCE^ TOTAL AMOUNT

1 TWENTY-FOUR (24) MONTH TERM CONTRACT, WITH TWO (2)TWELVE (12) MONTH RENEWAL PERIODS, FOR PROVIDINGNEPTUNE METERS, ENCODERS. MIU-S, HHCU, MDCS. EZGDCU,E2NHS, EHS AND THEIR SUPPORT.

PLEASE SUBMIT TWO (2) OR1GINAL SIGNED DOCUMENTS.

xxxx xxxx xxxxxxxEstimated Yeariy

amount of$250,000.00

(SEE ATTACHED SPECIFICATIONS)

REVIEWED FOR LEGAL SUFFICIENCY3/21/17

LRff17-165

BY:Randall B. Griffiths

ACCEPTED AS TO ITEM(S) N0: AMOUNT: ACCOUNTING CODE:

SUBMIT INVOICES TO:

HERNANDO COUNTyHERNANDO COUNTY UTILITIES

15400WISCONBLVD.BROOKSVILLE,FL 34601

-NAMEANDTITLE OF PERSON AUTHORIZEO TOSIGN ACCEPTANCE AND AWARD

FOR THE COUNTY:

SII?NATUR^: \

LK^.AWARDDATE-

^-ll-il


17-TS0053/DK RADIO READ METERS & ASSOCIATED EQPT APRIL2017

TABLE OF CONTENTS

SECTION TITLE PAGE

I. SOLICITATION INSTRUCTIONS............................................................ 3

II. GENERAL CONDITIONS..................................................................... 3

III. SPECIALCONDITIONS....................................................................... 17

(V. SCOPE AND SPECIFICATIONS............................................................ 21

V. BID FORM....................................................................................... 23

VI. REQUIRED FORMS AND CERTIFICATIONS......................................... 24

VII. EXHIBITS ...............................,,..........................,........,,.................. 31

Vendor Return Complete Bid Document Vendor's Initials:Page 2 of 35



SECTION I. SOLICITATION INSTRUCTIONS

1. DEFINIT10N OF TERMS; Where the foltowing (erms, or their pronouns, occur herein, the intent andmeaning shall be as follows:

1.1. COUNTY: The Board of County Commissioners, Hernando County, or its duly authorizedrepresentative.

1.2. OWNER: Hernando County Board of Counly Commissioners (County)

1.3. BIDDER; The term "Bidder" used herein refers to the deater/manufacturer or business organizationsubmitting a bid to the County in response to this solicitation.

1.4. CONTRACT: The agreement executed by the Owner and Vendor/Contractor for the performanceofwork and the other documents (plans. specifications, notice to Bidders, proposal, surety bonds,addenda and other documents) whether attached thereto or not.

1.5, VENDOR/CONTRACTOR: The Bidder awarded a contract by the County for the furnishing ofgoodsor services.

2. AVAILABILin' OF BIDDING DOCUMENTS: N/A

3. PREPARATtON OF BID : N/A

4. TIMETABLE: N/A

5. MANDATORY PRE-B1D CONFERENCE: N/A

6. BID OPENING: N/A

7. QUESTIONS REGARDING SPECtFICATLQNS ORBIDDING PROCESS: To ensure fair consideration forall Bidders, the County prohibits communication to orwith any department, division oremployee during thebid process, except as provided below:

7.1. All questions relative to interpretation of the specifications or the bid process shall be addressed inwriting as indicated below, in ample time prior to the period setfor submittal and opening of the bids.

7.2. Questions must be submitted via e-mail to purchasina(5;hemandocountv.us or faxed to (352) 754-4199. Questions will only be accepted through the period specified in the bid documents.

8. COMMUNICATION: N/A .

9. WITHDRAWAL OF BIDS: N/A

10. BID PROTeSTS: N/A

SECT10N II. GENERAL CONDITIQNS

11. CQNTRACT PERIOD:

11.1. The Contract resulting from this solicitation shall be a term contract for the time period specifiedherein, During the specified time period, the County may order services/supplies as therequirements generate and the Vendor/Contractor wili deliver the services/supplies ordered. It isunderstood that the County is not obligated to purchase any specific amount of services/suppliesunder this agreement.

Vendor Return Complete Bid DocumentPage 3 of 35

Vendor's Initials:



11.2. The period of the Contract shall extend for twenty-four (24) months effective from effective date ofthe award.

11.3. The Contract may be extended, by mutual agreement, fortwo (2) addilional twelve (12) monthperiod up to a cumufative total of forty-eight (48) months. The County will notify theVendor/Contractor, in writing, no later than thirty (30) days prior to expiration of the Contract as toits desire for extension. Any request by the Vendor/Contractor for consideration of a priceadjustment must be made to the County at the time of renewal, and must only be based onincreased costs to the Vendor/Contractor. Documentation of these increases must be furnished tothe County upon request. Any upward price adj'ustment approved by the County shall impose uponthe Vendor/Contractor the requirement to advise and extend to the County price reductions whencosts similarly decrease.

11.4. Either party may cancel this Contract. in whole or in part, bygiving ninety (90) days prior notice inwriting. However, Ihe Vendor/Contractor shall not be authorized to exercise this cancellation optionduring the first one-hundred eighfy (180)days of Ihe Contract. The number of days within which, orthe dates by which, the work is to be substantially completed and ready for final payment are setforth in the Agreement.

12. BID PRICE/SUBMtnAL REQUIREMENTS:

12.1. The prices bid shatl remain firm during the period of the Contract. The prices bid shall be inclusiveof all labor, equipment, and materials as specified withln this solicitation. The price bid conslitLitesthe total compensation payable to the Vendor/Contractor for performing the work.

12.2. Unless otherwise stated, the prices bid shall include all costs of packing, transporting, delivery, andservices to the designated pointwithin Hemando County.

12,3. Unit prices shall be shown and where there is an error in extension of price, the unit price shallgovern.

12.4. The Bidder warrants that the prices of the items set forth herein do not exceed those charged bythe Bidder under a contract with the State of Florida or any of Its agencies.

12.5. Bidder must submit the solicitation document in its entiretv, including the Solicitation-Offer-Awardcover sheet. bid specifications. Bid Form and all reauired Forms/Certifications. Failure to submitthese forms may render the bid non-responsive.

13. QUALIFICATION OF BIDDERS: N/A

14. BID EVALUATION ANDAWARD: N/A

15. LOCAL PREFERENCE: N/A

16. HOURS: Work maybeperformedbetweenthehoursof 8:00 AM-5:00 PM, Mondaythrough Friday, exceptCounty holidays. The County may, on certain occasions, approve work outside of fhese times. Suchexception(s) must be approved in writing by the County at least one day in advance. Services wlll not bepermitted when operations would cause a traffic or safety hazard.

17. WARRANTIES: The Bidder agrees that the supplies and services furnished under this award shal! becovered by the most favorable commercial warranties the Bidder gives to any customer for comparablequantities of such supplies or sen/ices and that the rights and remedies provided herein are in addition toand do not limit any rights afforded to the County by any other provision ofthis award.

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18. DELIVERYANDACCEPTANCE:

18.1. The County will order services by issuance of a Hernando County numbered Purchase Order. Eachorder will specify the scope of work, location and date(s) forservice required.

18.2, Receipt of sen/ices/supplies shall not constitute acceptance. Final acceptance and authorizalion oi'payment shall be given only after thorough inspection indicates that the services/supplies deliveredmeet bid specificattons and conditions. Should the services/supplies differ in any respect from thespecifications, payment wjll be withheld until such time as the Vendor/Contractor takes necessarycorrection action. Ifthe proposed corrective action is not acceptable (o the County, final acceptanceof the services may be refused, in which case the services shall remain the property of theVendor/Contractor and (he County shall not be liabte for payment for any portion thereof.

18.3. Unless otherwise specified, services shall be performed as described in these contract documents.

18.4. Vendor/Con1ractor(s) shall not commence work prior to the County's recsipt and acceptance of theCertification of Insurance, and any other required documents/certiticates as specified by thesecontract documents.

19. NON-EXCLUSIVE CONTRACT: Award of a contract resulting from this bid imposes no obligation on theCounly to utilize the Vendor/Contractor for all work of this type, which may develop during the contractperiod. This is no< an exclusive Contract. The County specifically reserves the right to contract with anofhercompany for simiiar work if it deems such action to be in ths County's best interest.

20. REJECTION OF BID: N/A

21. MINORINFORMALmESANDIRREGULARlTIES: N/A

22. NON-PERFORMANCE:

22.1. Time is of the essence in this Contract and failure to deliverthe sen/ices specified within the timeperiod required shall be considered a default.

22.2. In case of default, the County may procure the services from other sources and hold theVendor/Contractor responsible for all costs occasioned thereby and may immediately cancel thecontract.

23. ASSIGNMENT: The successful Bidder is required to perform this Contract and may not assign, transfer,convey, sublet or otherwise dispose of any award or any or all of its rights, title, or interest therein, or theresuKing contractual agreement in whole or in part without prior written authorizafion given at the solediscretion of Hernando County.

24. PUBLIC ENTIPlr CRIMES: Any person submitting a bid or proposal in response to this invitation certifiesthat they are aware of, and in compliance with, all requirements under Section 287.133, Florida Statutes(2014), on Public Entity Crimes. Bidders mus1 complete and return with bid the Sworn Statement to PublicEntity Crimes attached in these bid documents.

25. UCENSES AND PERMITS: Prior to fumishing the requested produd(s) or service(s), it shall be theresponsibility of the awarded Vendor/Contractor to obtain, at no additional cost to Hernando County, anyand all licenses and permits required to complete this contractual service. These licenses and permits shallbe readiiy available for review by the Chief Procurement Officer or his/her designee.

26. LAWS. REGULATIONS. PERMITS AND TAXES: Vendor/Contractor shall compty with County's jobsiteprocedures and regulations and with all applicable local, state and federal laws, rules and regutations and shallobtain all permits required for any of the work perfonmed hereunder. Vendor/Contractor shall procure and pay

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for all pemnits and inspections required for any of Ihe work performed hereunder and shall fumish any bonds,security or deposits required to permit performance of the work. Vendor/Contractor sha!l, to the extentpermissible under applicable law, comply with the jobsite provisions wliich validly and lawfully apply to work onthe specific jobsite being performed under Ihis Contract. County of Hemando is exempt from Federal ExciseTaxes and all Sales Taxes.

27.1. The Board of County Commissioners, Hernando Counfy, Florida, has the following tax exemptioncertificates assigned:

Florida Sales & Use Tax Exemption Certificate No. 85-8012556945C-8,effective 1/31/14 - expiring on 1/31/2019.

27.2. This exemption does not apply to purchases of tangible persona! property made byVendor/Contractor(s) who use the tangible personal property in the performance of contracts forimprovements of County owned real property (Chapters 192 and 212, F.S. (2014) and applicablerules of Ihe Department of Revenue).

28. MANUFACTURERS' NAME AND APPROVED EQUIVALENTS: When manufacturers' names, tradenames, brand names, information and/or catalog number listed in a specification are for information and notintended to limit competition. It is for the purpose of item identification and to establish standards for quality;style and featjres. Bids on equivalent items will be considered unless items are noted as no substitutes.The Bidder may offer any brand for which he is an authorized representative, which meets or exceeds thespecifications for any item(s). If Bids are based on equivalent products, indicate on the Bid Form themanufacturers' name and catalog number. Bidder shall submit with his bid, cuts, sketches, and descriptiveliterature and/or specifications. The Bidder should ateo explain in detail the reasons(s) why and submit proofthat the proposed equivalent will meet the specifications and not be considered an exception thereto.Hernando County Board of County Commissioners reserves the right to be the sole judge of what is equaland acceptable. Bids which do not comply with these requirements may be found non-responsive andsubject to rejection. I? Bidder fails to name a substitute, it will be assumed that he is bidding on, and will berequired to fumish goods identical to the bid standard as specified.

29. LITIGATION/WAIVER OF JURY TRIAL: This Agreemenl shall be govemed by and conslrued accordingto Florida law. Venue for any dispute or format litigation conceming this Agreement shall be in theappropriate court with territorial jurisdiction over Hernando County, Florida. In the event of a dispute orlitigation, each party to such dispute or litigation shall be solely responsible for its own attorneys' fees andcosts. This Agreement shall not be construed for or against any party hereto, without regard to which partyis wholly or partly responsible for its drafting. Each party acknowledges that it is aware of and has had theopportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each party,for itself and its successors, creditors, and assigns, does hereby expressfyand knowingly waive and releaseall such rights to trial byjury in any action, proceeding or counterclaim brought by any party hereto againstthe other (and/or against its officers, directors, employees, agents, orsubsidiary or affiliated entities) on orwith regard to any matters whatsoever arising out of or in any way connected wilh this Contract and/or anyother claim of injury or damage.

30. TERMINATION:

30.1. Termination for Default:

30.1.1. The County may, by written notice to the Vendor/Contractor, terminate this Contract fordefault in whole or in part (delivery orders, if applicable) if the Vendor/Contractor failsto:

30.1.1,1. Provide products or services that comply with the spedfications herein orfails to meet the County's performance standards.

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30.1.2.

30.1.3.

30.1.1.2. Deliver the supplies or to perform the sen/ices wifhin the time speclfied inthls contract or any extension.

30.1.1.3. Make progress so as to endanger performance of (his contract.

30.1.1.4. Perfonm any of the other provisions of this Contract.

Prior to termination for default, the County will provide adequate written notice to the(Vendor/Contractor) through the Chief Procurement Officer, Purchasing and Contracts,affording him/her Ihe opportunity to cure the deficiencies or to submit a specific plan toresolve the deficiencies within ten (10) days (or the period speclfied in the notice) afterreceipt of the notice. Failure to adequatefy cure the deficiency shall result in terminationaction. Such termination may also resuft in suspension or debarment of theVendor/Contractor in accordance with the County's Procurement Ordinance. TheVendor/Contractor and its sureties (if any) shall be liable for any damage lo the Countyresulting from the Vendor/Contractor's default ofthe Contract. This liability includes anyincreased cosls incurred by the County in completing Contract performance.

In <he event of termination by the County for any cause, the Vendor/Contractor will have,in no event, any claim against the County for lost profits or compensation for lostopportunities, After a receipt ofa Termination Notice and except as otherwise directedby the County the Vendor/Contractor shall:

30.1.3.1. Stop work on the date and to the extent specified.

30.1.3.2.

30.1.3,3.

Terminate and settle all orders andperformance of the terminated work.

subcontracts relating to the

Transfer all work in process, completed work, and other materials relatedto the terminated work as directed bytheCounty.

30.1.3.4. Continue and complete all parts ofthat work that have not been terminated.

30.1.4. If the Vendor/Contractor's failure to perform the Contract arises from causes beyondthe control and without the fault or negligence of the Vendor/Contractor, the Contractshall not be terminated for default. Examples of such causes include (1) acts of God orthe public enemy, (2) acts ofa government in its sovereign capacity, (3) fires, (4) floods,(5) epidemics, (6) strikes and (7) unusually severe weather.

30.2. Termination for Convenience: The County, by written notice, may terminate this Contract, in wholeor in part, when it is in the County's interest. tf this Contract is terminated, the County shall be liableonly for goods or services delivered and accepted. The County Notice of Termination may providethe Vendor/Contractor ninety (90) days prior notice before it becomes effective. A termination forconvenience may apply to individual delivery orders, purchase orders or to the Contract in itsentirety.

31. FISCAL NON-FUNDING: In the event sufficient budgeted funds are not available for a new fiscat period,the County must notify the Vendor/Contractor of such occurrence and contract shall tenninate on the lastday of current fiscal period without penalty or expense to the County.

32. USE QF CONTRACT BY OTHER GOVERNMENT AGENCIES:

32.1. A( the option of the Vendor/Contractor, the use of the Contract resulting from this solicitation maybe extended to other govemmental agencies, including the State of Florida, its agencies, politicalsubdivisions, counties, and cities.

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32.2. Each governmental agency allowed by the Vendor/Contractor to use this Contract shall do soindependent of any other governmental entity. Each agency shall be responsible for its ownpurchases and shall be liable only for goods or services ordered, received and accepted. No agencyreceives any liability by virtue ofthis bid and subsequent contract award.

33. CERTIFICATION OF INDEPENDENT PR1CE DETERMINATION: By submission of this bld, the Biddercertifies, and in the case ofjoint bid, each party thereto certifies as to its own organization, that in connectionwith this procurement;

33.1. The prices in this bid have been arrived a{ independently, without consultation, collusion,communication, or agreement for the purpose of restricting competition, as to any matter relating tosuch prices with any other bidder or with any competitor.

33.2. Unless otherwise required by law, the prices which have been quoted in this bid have not beenknowingly disclosed by the Bidder and wilt not knowlngly be disclosed by the Bidder prior to opening,directly or indirectly to any other Biddsr or to any competitor,

34. INTERIM EXTENSION OF PERFORMANCE: If it is determined that inlerim performance is required toallow for the solicitation and award of a new Contract, the County may unilateraily extend the Contract for amaximum period of up to six (6) months. Current pricing, delivery and all other terms and conditions of theContract must apply during this interim period.

35. COMPETENCYOFBIDDERS: N/A

36. MAINTENANCE OF RECORDS: The Vendor/Contractor will keep adequate records and supportingdocuments applicable to this contract. Said records and documentation will be retained by theVendor/Contractor for a minimum of five (5) years from the date of final payment on this Contract. The Countyand its authorized agents shall have the right to audit, inspect and copy records and documentation as often asthe County deems necessary during the period of this contract and a period of five (5) years after completion ofcontract performance; provided however, such acfa'vity shall be conducted only during normal business hours.The County during the period of time defined by the preceding sentence, shall also have the right to obtain acopy of and otherwise inspect any audit made at the direction of the Vendor/Contractor as concerns theaforesaid records and documentation. Pursuant to Section 119.0701, Florida Statutes, Consultant/Firm shallcomply with the Florida Public Records' taws and shalt:

36.1. Keep and maintain records that ordinarily and necessarily woutd be required by the public agencyin order to perform the service;

36.2. Provide the public with access to public records on the same terms and conditions that the publicagency would provide the records and at a cost that does not exceed the cost provided in Chapter119, F.S., or as otherwise provided by law.

36.3. Ensure that public records tha< are exempt or confidential and exempt from public records disclosurerequirement are not disclosed except as authorized by law; and,

36.4. Meet all requirements for retaining public records and transfer, at no cost, to the public agency allpublic records in possession of the Consultant/Firm upon termination of the contract and destroyany duplicate public records that are exemp< or confidentiat and exempt from public recordsdisclosure requirements. All records stored etectronicslly must be provided to the public agency ina format that is compatible with the information technology systems of the public agency.

36.5. Failure to comply with this section shall be deemed a breach ofthe contract and enforceable as setforth in Sectlon 119.0701, Florida Statutes.

IF THE CONTRACTOR HAS QUESTIONS REGARDENG THE APPLICATION OF CHAPTER 119,FLOWDA STATUTES, TO THE CONTRACTOR'S DUTf TO PROVIDE PUBL1C RECORDS RELATINGTO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-754-4020,PURCHASING(%HERNANDOCOUNTY.US, WITH AN OFFICE LOCATED AT 20 N. MABS STREET,ROOM 365, BROOKSVILLE, PL 34601.


Vendor's Initials:



37.PAYMENT;

37.1. Payment for services recelved will be accomplished by submission of an invoice, in duplicate, withpurchase order number referenced thereon at the completion of each specified job. Said invoice(s)shail be submitted to:

HERNANDO COUNTY UTILITIES15400 WISCON BLVD.

BROOKSVILLE, FL 34601

37.2. Each invoice shall give a detailed breakdown of the services provided.

37.3. The Vendor/Contractor may invoice the County after each work order is comptete. Invoice shallreference, and be based upon the Quantity Report received after project completion.

37.4. Payment will be made in no less than thirty (30) days after recelpt of the invoice by the FinanceDepartment of Hernando County. Terms not within Hernando County's payment period are notacceptable and may be cause for rejection.

38. CONFLICTOFINTEREST:

38.1. Conflict of Interest of Officers or Emplovees of the Contractina Entity/Local Jurisdiction, Membersof.theLocal Govemina Bodv, or Other Elected Officials: No member or employee of the contractingentity/local jurisdiction or its designees or agents; no member of the goveming body; and no other publicofficial of Hemando County who exercises any function or responsibility with respect to this contract,during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contractor subcontract, or the proceeds thereof, for work to be performed. Further, the Vendor/Contractor shallcause to be incorporated in all subcontracts, the language setforth ir> this paragraph prohibiting confiictof interest.

38.2. Emplovee Conflict of Interest: It shall be unethical for any Hemando County employee to participatedirectly or indirectly in a procurement contract when Hemando County employee knows that:

38.2.1. Hemando County employee or any member of Hemando County employee's immediate familyhas a financial interest in the procurement contract; or

38.2.2. Any other person, business, or organization with whom Hernando County employee or anymember of a Hemando County employee's immediate family is negotiating or has anarrangement conceming prospective employment is involved in the procurement contract; or

38.2.3. A Hernando County employee or any member of a Hemando County employee's immediatefamily who holds a financial interest in a disclosed blind trust shall not be deemed to have aconflict of interest with regard to matters pertainlng to that financial interest.

38.3. Former Emplovee Conflict of Interest: It shall be a violatlon for any person, business or organizationcontracting with County to employ in any capacity, any fomner County employee or member of Countyemployee's immediate family within one year of that employee's separation from employment with theCounty, unless the empioyer or the former County employee files with the County Clerk, the County'sEmployment Disctosure Statement. The penalty for this violation may include disqualification of the bidsubmission.

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39. GRATUTIES AND KICKBACKS:

39.1. Gratuities: It shall be unethicat for any person to offer, give, or agree to give any Hemando Countyemployee or former Hemando County employee, or for any Hemando County employee or formerHemando County employee to solicit, demand, accept, or agree to accept from another person, agratuity or an offer of employment in connection with any decision, approval, disapproval,recommendation, or preparation of any part of a program requirement or a purchase request,influencing the content ofany spedfication or procurement standard, rendering ofadvice, investigation,auditing, or in any olher adwsory capacity. The County in any proceeding or application, request forruling, determination, claim orcontroversy, orother particular matter, pertaining to anyprogram require-ment or a contract or subcontract, or to any solicitation or proposal therefore.

39.2. Kickbacks: It shall be unethical for any payment, gratuity, or offer of employment to be made by or onbehalf of a subcontractor under a contract to the prime contractor or higher tier sub-contractor or anyperson associated therewith, as an inducement for the award of a subconlract or order.

40. E-VERIFY:

40.1. Vendor/Contractor is advised thaf the County has entered into an agreement with U.S. Immigrationand Customs Enforcement (ICE) wherein the County will, in part, seek to promote the principles ofethical business conduct, prevent the knowing hiring of unauthorized workers through self-governance, and encourage voluntary reporting of the discovery of unauthorized workers to ICE(the iMAGE Agreement). Accordingty, by submitting your bid, Vendor/Contractor represents andwarrants (a) that the Vendor/Contractor is in compliance with all applicable federal, state and locallaws, inclucting, but not llmtted to, the laws related to the requirement of an employer to verify anemployee's eligibifity to work in the Un'rted States, (b) thal all of the Vendor/Contractor employeesare tegally eligible to work fn the United States, and (c) that the Vendor/Contractor has actively andaffirmatively verified such etigibility utilizing the Federal Government's Emptoyment VerificationEligibility Form (1-9 Form).

40.2. A mere allegation of Vendor/Contractor's intent to use and/or current use of unaufhorized workersmay not be a basis to delay the County's award of a contract to the Vendor/Contractor untess suchan allegation has been determined to be factual by ICE pursuant to an investigation conducted byICE pripr to the date the conlract is scheduled to be awardecf by the County.

40.3. Legitimate claims of the Vendor/Conlractor's use of unauthorized workers must be reported to bothofthe following agencies:

40.3.1. The County's Purchasing Contracts Department at (352) 754-4020: and40.3.2. ICE (tmmigration and Customs Enforcement) at 1-866-DHS-2-ICE

40.4. In the event it is discovered that the Vendor/Contractor's emptoyees are not tegally eligible to workin the United States, then the County may, in its sote discretion, demand that the Vendor/Contractorcure this deficiency within a specified time frame. and/or immediately terminate Ihe contract withoutany cost or penalty to the County, and/or debar the Vendor/Contractor from bidding on all Countycontracts for a period up to twenty-four (24) months, and/or take any and all legal action deemednecessary and appropriate.

40.5. Vendor/Contractor is encouraged (but not required) to incorporate the following IMAGE BestPractices into its business and, when practicable, incorporate verification requirements into itsagreements with subcontractors:

40.5.1. Use the Department of Homeland Security employment eligibility verification program(E-Verify) to verify the employment eligitiiilty of al) new hires.

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40.5.2. Use the Social Security Number Verification Sen/ice and make good faith effort tocorrect and verify the names and Social Security numbers of the current workforce.

40,5.3. Establish a written hiring and employment eligibility verification policy.

40.5,4. Establish an internal compliance and training program related to the hiring andempfoyment verification process, to include, butnot limited to, completion of Form 1-9,how to detect fraudulent use of documents in the verification process, and how to useE-Verify and the Social Security Number Verification Service.

40.5.5. Require the Form 1-9 and E-Verify process to be conducted only by individuals whoreceived appropriate training and include secondary review as of each employee'sverificafion to minimize the potential for a single individual to subvert <he process.

40.5.6. Arrange for annual Form 1-9 audits by an extemal auditing firm or a trained employeenot otherwise involved in the Form 1-9 process.

40.5.7. Estabfish a procedure to repart to ICE credible information of suspected criminalmisconduct in the employment eligibitity verification process.

40.5.8. Establish a program to assess subcontractors' compliance with employment eligibilityverification requirements. Encourage Vendor/Contractors to incorporate the IMAGEBesi Practices contained in this Artlcle and, when practicabfe, incorporate theverification requirements in subcontractor agreements.

40.5.9. Establish a protocol for responding to letters recelved from federal and stategovernment agencles indicating that there is a discrepancy between the agency'sinformation snd the information provided by the employer or employee; for example,"no match" letters received from the Social Security Administration.

40.5.10. Establish a tip line mechanism (inbox, e-mail, etc.) for employees to report activityrelating to (he employment of unauthorized workers, and a protocol for responding toemployee tips-

40.5.11. Establish and maintain appropriate policies, practices, and safeguards against use ofthe verification process for unlawful discrimination, and toensure that U.S. Citizens andauthorized workers do not face discrimination with respect to hiring, firing, recruitmentor referral for a fee because of cilizenship status or national origin.

40.5.12. Maintain copies o( any documents accepted as proof of identify and/or employmentauthorization for all new hires.

41. INSURANCE REQUIREMENTS:

41.1. INDEMNITY, SAFETY AND^INSURANCE PROVISIONS:

41,1.1. INDEMNITY: To the fullest extent permltted by Florida faw, the Vendor/Contractorcovenants, and agrees that it will indemnify and hold harmtess the County and all ofthe County's officers, agents, and employees from any claim, loss, damage, cost,charge, attorney's fees and costs, or any other expense arising out of any act, action,neglect, or omission by Vendor/Contractor during the performance of the contract,whether direct or indirect, and whether to any person or property to which the Countyor said parties may be subject, except that neither (he Vendor/Contractor nor any of itssubcontractors, or assignees, will be liable underthis section for damages arising outof injury or damage to persons or property directly caused or resulting from the solenegligence of the County or any of its officers, agents, or employees.

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41.1 J!. PROTECTION OF PERSONS AND PROPERTY:

41.1.2.1. The Vendor/Contractor will take all reasonable precautions for, and will beresponsible for initiating, maintaining and supervising all programs relatingto the safety of all persons and property affected by, or involved in, theperformance of his operations under this contract.

41.1.2.2. The Vendor/Contractor will take all reasonable precautions to preventdamage, injury or loss to: (a) all persons who may be affected by theperfonnance of his operations, including employees; (b) all materials andequipment; and (c) all property at or surrounding the work site. In anemergency affecting the safety of persons or property, theVendor/Contractor will act, with reasonable care and discretion, to prevenlany threatened damage, injury or loss.

41.2. MINIMUM INSURANCE REQUIREMENTS: Vendor/Contractor shall procure, pay for and maintainat least (he following insurance coverage and limits. Said insurance shall be evidenced by deliveryto the County of a certificate(s) of insurance executed by the insurers listing coverage and limits,expiration dates and terms of policies and all endorsements whether or not required by the County,and listing all carriers issuing said policies. The insurance requirements shall remain in effectthroughout the term of this contract.

41.2.1. WORKERS' COMPENSATION; As required by law:

STATE..................................................................StatutoryAPPLICABLEFEDERAL.....................................StatutoryEMPLOYER'S LIABILITY............Minimum : $100,000 each accident

$100,000 byemployee$500,000 policy limit

Exemption per FIorida Statute 440: If a Vendor/Contractor has less then three (3)employees and states that they are exempt per Florida Statute 440, they muslprovide an exemption certificate from e State of Fiorida. Otherwise, they will berequlred to purchase Workers' Compensation Insurance and provide a copy ofWorkers Compensation tnsurance. http://www.mvfloridacfo,com/wc/exemDtion.h(ml

41.2.2. GENERAL LIABILIT/: Comprehensive General Liabifity including, but not limited to,Independent Contractor. Contractual Premises/Ooerations. and Persojial Injur/covering tiie liability assumed under indemnification provisions of this Contract, withlimits of iiability for personat injury and/or bodily injury, including death.

COVERAGEAS FOLLOWS:EACH OCCURRENCE............................,.....................81,000,000GENERAL AGGREGATE...............................................$2,000,000PERSONAL/ADVERTISING INJURY................................$1,000,000PRODUCTS-COMPLETED OPERATIONS AGGREGATE....$2,000,000

Per Project Aggregate (if applicable)

ALSO, include in General Liability caverage for the following areas based on limits ofpolicy, with minlmum of:

FIRE DA^4AGE (Any one (1) fire)..,..............-.-....................$50,000MEDICAL EXPENSE (Any one (1) person)..............................$5,000

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41.2.3. ADDITIONAL INSURED: Vendor/Contractor agrees to endorse Hernando County asan additional insured on (he Comprehensive General Liability. The additional insuredshall read "Hernando County Board of County Commissioners." Proof ofEndorsement is reauired.

41.2.4. WAIVER OF SUBROGATION: Vendor/Contractor agrees by entering into thisContract to a Waiver of Subrogation for each required policy herein. When requiredby the insurer, or shoutd a policy condition not permit Vendor/Contractor to enter intoa pre-loss agreement to waive subrogation without an endorsement, thenVendor/Contractor agrees to notjfy the insurer and request the policy be endorsedwi{h a waiver of transfer of rights of recovery against others, or its equivalent. ThisWaiver of Subrogation requirement shall not apply to any policy, which includes acondition specifically prohibiting such an endorsement, or voids coverage shouldVendor/Contractor enter into such an agreementon a pre-loss basis.

41.2.5. AUTOMOBILE LIABILITY: Comprehensive automobite and truck liability coveringany auto, all owned autos, scheduled autos, hired autos, and non-owned autos.Coverage shall be on an "occurrence" basis. Such insurance to inclyde coverage forloading and unloading hazards.

COVERAGE AS FOLLOWS:COMBINEDSINGLELIMIT(CSL)..................................$1,000,000BODILY INJURY (Per Person)......................................,$1,000,000BODILYINJURY(PerAccident)....................................$1,000,000PROPERFi^ DAMAGE..................................................$1,000,000

41.2.6. [X] Not-Required _(initials)PLEASE NOTE: If box is flfiLchecked and initiafed by Chief ProcurementOfficer, the specified insurance below is required.

PROFESSIONAL LIABIUTY: including errors and omissions with minimum limits of$3,000,000.00 per occurrence, if occurrence form is available; or ctaims made formwith "tail coverage" extending three (3) years beyond completion and acceptance ofthe project with proof of "tail coverage" to be submitted with 1he invoice for finalpayment. In lieu of "tail coverage", consultant msy submit annually to the County acurrent Certificate of Insurance proving insurance remains in force throughout thesame three (3) year period.

Notwithstanding the requirements for Professional Liability Insurance listed above,Engineer and/or Architect must provide evidence of coverage, a minimum of$1,000,000.00.

41.2,7. [X] Not-Required. Jinitials)PLEASE NOTE: If box is n.ot.checked and initialed by Chief ProcurementOfficer, the specified insurance below is required.

3UILDERS RISK INSURANCE: Combined single limit must equal value of theconstruction, per project aggregate.

The policy shal! cover portions of the work in transit, property scaffolding, false workand temporary buildings located at the site. The policy must cover the cost ofremoving debris, including demolition as may be made legafly necessary by theoperation ofany law, Ordinance or regulation.


Vendor's Initials:



The insurance required herein must be on an all riskfonm and must be written tocover all risks of physical loss or damage to the insured party and must insure at leastagainst the perils offire and extended coverage, theft, vandalism, malicious mischief,collapse, lightening, earthquake, flood, water damage and windstorm.

If there are any deductibles applicable to the insurance required herein,Vendor/Contractor must pay any part of any loss nol covered because of theoperation of such deductibles.

The (nsurance as required herein must be maintained in effect until the earliest ofthefollowing date:

41.2.7.1. Date which all persons and organization that are insured under the policyagree in writing that it must be terminated;

41.2.7.2. Date on which final payment of this confract has been made by County toVendor/Contractor; or

41.2.7.3. Date on which the insurable interests in Ihe property of alt insured otherthe County have ceased.

41.2.7.4. Wind coverage to be included with a minimum deductible to bedetermined based on the project. Deductible will be a percentage basedupon the total insured value.

41.2.8. [X) Not.Required .(initlals)PLEASE NOTE: If box is nof checked and initialed by Chief ProcurementOfficer, the speclfjed insurance below is required.

CRIME PREVENTION - BOND: Vendor/Contractor shatl procure a fiduciary bond inthe amount of $100,000 covering loss or theft by Vendor/Contractor, its agents, oremployees, and shall procure insurance in the amountof $10,000 covering loss ortheft by non-employees such as by burglary or robbery for any funds or negotiableinstruments under the custody or care of Vendor/Contractor tha( would insure to thebenefit of the County.

41.2.9. {X] Not-Required _(initials)PLEASE NOTE: tf box is not checked and initialed by Chief ProcurementOfficer, the specified insurance below is required.

EXCESS/UMBRELLA LIABfLtT/: Vendor/Contractor shall provide proof ofexcess/umbrella liability coverage with minimum limits of $1,000,000. Limitscan be increased, based on contract.

41.2.10, SUBCONTRACTORS (if applicable): All subcontractors hired by said contractor isrequired to provide Hernando County Board of County Commissioners a Certificate ofInsurance with the same limits required by the countyas required by the contract, Allsubcontractors are required to name Hernando County Board of CountyCommissioners as additional insured and providea Waiver of Subrogation in regardsto General Liability.

41.2.11. RIGHT TO REVISE OR REJECT: County resewes the right, but not the obfigation, torevise any insurance requirement, not limited to limits, coverages and endorsements,or to reject any insurance policies which fail to meet the criteria stated herein.Additionally, County reserves the right, but not the obligation, to review and rejecl any

Vendor Return Complete Bid DocumentPage 14of35

Vendor's Initials:



insurer providing coverage due to its poor financial condition or failure to operatinglegally.

41.3. Each insurance policy shall include the following conditions by endorsement to the policy:

41.4. Vendor/Contractor agrees to provide County with a Certificateof Insurance evidencing that allcoverages, limits and endorsements required herein are maintained ar>d in full force and effect,and the Certificate of Insurance shall provide a minimum thirty (30) day endeavor to notify, whenavailable by Vendor/Contractor's insurer. If the Vendor/Contractor receives a non-renewal orcancellation notice from an insurance carrier affording coverage required herein, or receivesnotice that coverage no longer complies with the insurance requirements herein,Vendor/Contractor agrees to notity the County by fax within five (5) business days with acopy of the non-renewal or cancellation notice, or written speciflcs as to which coverage isno longer in compliance. The Certificate Holder shall read:

Hemando County Board of County CommissionersATTN: Purchasing Department

20 N. Main St. Room 365Brooksville, FL 34601

41.4.1. Companies issuing the insurance policy, or policies, shall have no recourse againstthe County for payment of premiums or assessmenfs forany deductibles as all arethe sote responsibility and risk ofVendor/Conlractor.

41.4.2. The term "County" or "Hemando County" shall include all authorities, boards,bureaus, commissions, divisions, departments, and offices ofthe County andindividuat members, employees and agents thereof in their official capacities, and/orwhile acting on behalfofHernando County.

41.4.3. The policy clause "Other Insurance" shatl not apply to any insurance coveragecurrently held by County, to any such future coverage, orto County's self-insuredretentions of whatever nature.

41.5. The Vendor/Contractor shall be required to provide a current certificate of insurance to the Countyprior to commencement of seroices.

41.6. Bidders may, at the County's request, be required to provide proofthat theirfirm meets thepreceding insurance requirements, by submission of a certificate of insurance coverage(s), priorto award of the contract.

41.7. Failure of the owner to demand such certificates or other evidence offull compliance with theseinsurance requirements or failure of the owner to identify a deficiency from evidence providedshall not be construed as a waiver of the Vendor/Contractor's obligation to maintain suchinsurance.

42. MINIMUM WAGE RATES:

42.1. The Vendor/Contractor shall be required to pay his employees no less than the Federal MinimumWage Rate.

42.2. Ifthe Contaci shouid be renewed, the Contract shall be adjustedforbenefitofthe Vendor/Contractorin proportion with Federal Law Governing Wage Rates during the period of the Contract for labor-related costs only.


Vendor's Initial;



42.3. The County reserves the right to inspect the payroll records ofthe Vendor/Contractor, as may bedeemed necessary, to determine that the Vendor/Contractor is complying with Federal Wage andHour Law.

43. SAFETY PRE-CAUTIONS:

43.1. The Vendor/Contractor shall be responsible for instructing his workmen in appropriate safetymeasures with respect to all services provjded under thls contract, and shall not permit them loplace equipment in traffic lanes or other locations in such a manner as to create a safefy hazard.

43.2, All equipment shait be equipped with all necessary safety equipment to satisfy all applicable FloridaDepartment of Transportation and OSHA requirements.

44. RESPONSIVE/RESPONSIBLE: N/A

45. CONE OF SILENCE: N/A

46. CLAIMS:

Chief Procurement Officer's Decision Reauired: All claims, except those waived pursuant toParagraph 29, shall be referred to (he Chief Procurement Officerfordecision,

46.1.

46.2. Notice: Written notice stating the generat nature of each claim shal! be delivered by the claimantto the Chief Procurement Officer and the other party to the Contract promptly (but in no event laterthan thirty (30) days) after the start of the event giving rise thereto. The responsibility tosubstantiate a claim shall rest with the party making the claim. (Motice of the amount or exlent ofthe claim, with supporting data, shall be delivered to the Chief Procurement Officer and the otherparty to the Contract within sixty (60) days after the start of such event (unless the ChiefProcurement Officer altows additional time for claimanl to submit additiona! or more accurate datain support of such claim). A claim for an adjustment in Contract Price shall be prepared inaccordance with the provisions of Paragraph 11.3. A claim for an adjustment in Contract Timeshall be prepared in accordance with the provisions of Paragraph 11.1. Each claim shafl beaccompanied by claimant's written statement that the adjustment claimed is the entire adjustmentto which the claimant believes it is entitled as a result of said event. The opposing party shalisubmit any response to the Chief Procurement Officer and the claimant within thirty (30) days afterreceipt of the claimant's last submittal (unless the Chief Procurement Officer afiows additionaltime).

46.3. Chief Procurement Officer's Action; Chief Procurement Officer will review each claim and, withinthirty (30) days after receipt of the last submittal of the claimant or the last submittal of theopposing party, if any, take one of the following actions in writing:

46.3.1. deny the clalm in whole or in part,

46.3.2. approve the claim, or

46.3.3. notify the parties that the Chief Procurement Officer is unable to resolve the claim if, m theChief Procurement Officer's sole discretion, it would be inappropriate forthe ChiefProcurement Officer to do so. For purposes of further resolution of Ihe claim, such noticeshall be deemed a denial.

46.4. In the event that Chief Procurement Officer does not take action on a cfaim within said thirty (30)days, the claim shall be deemed denied.

46.5. Chief Procurement Officer's written action or denia! pursuant to Paragraphs 46.3.1 and 46.3.2 wilfbe final and binding upon Owner and Vendor/Contractor, unless Owner or Vendor/Contractor


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17-TS0053/DK RADIO READ METERS & ASSOCfATED EQPT APRIL2017

invoke the dispute resolution procedure set forth in Paragraph 47 within thirty (30) days of suchactionordenial,

47. DISPUTE RESOLUTION:47.1. Owner and Vendor/Contractor may mutually request mediation of any claim submltted to the

Owner for a decision as provided in Paragraph 46 before such decision becomes final andbinding, The mediation will be governed by the Construction Industry Mediation Rules of theAmerican Arbitration Association in effect as of the effective date of the Agreement. The requestfor mediation shall be submltted in writing to the American Arbitration Association. Timelysubmission ofthe request shalt stay the effect as described in Paragraph 46.

47.2. Owner and Vendor/Contractor shall participate in the mediation process in good faith, Theprocess shall be concluded within sixty (60) days of filing of the request. The date of terminationof the mediation shall be determined by application of the mediation rules referenced above.

47.3. If the claim is not resolved by mediation, Chief Procurement Officer's action or denial pursuant toParagraph 46.3.3 shall become final and binding thirty (30) days after termination ofthe mediationunless, \within that time period, Owner or Vendor/Contractor:

47.3.1. agrees with the other party to submit the claim to another dispute resolution process, or

47.3.2. gives written notice to the other party oftheir intent to submit the cfaim to a court ofcompetent jurisdiction.

SECTION III - SPECIAL CONDITIONS

48. LICENSES AND PERMITS:

48.1. Prior to furnishing the requested product(s) or sen/ice(s), it shall be the responsibility of the awardedVendor/Contractor to obtain, at no adcfitional cost to Ihe County, any and all licenses and permitsrequired to complete this contractual service. These licenses and permits shall be readily availablefor review by the Chief Procurement Officer or his/her designee.

48.2. Upon notification, Bidder shal) provide copies of all applicable ticenses.

49. F.O.B. POINT: The F.O.B. point shall be inslalled at the location(s) specified herein. Bids showing otherthan F.O.B. Destination wil! not be accepted. The bid shall include atl costs of packaging, transporting,delivery and unloading (THIS INCLUDES INSIDE DELIVERY IF REQUESTED) to designated pointwithinthe County.

50, DEL1VERY: Deliveryisrequestedwithin30calendardaysafterreceiptofthePurchaseOrder. Thedeliverydate stated on the Bid Form shalt be the maximum acceptable delivery date. Failure to deliver within thetime stated shall be cause for cancellation of the contract with all applicable remedies available to the Countyunder State Law. Bids submitted which fail 1o meet this requirement shall be cause for rejection.

51. AS SPECJFIED: Afl items delivered must meet the specifications herein. Items delivered not as specifiedwill be returned at no expense by the County. The County may return, for full credit, any unused itemsreceived which fail to meet the County's performance standards. Replacement items meeting specificationsmust be submitted within a reasonable time after rejection of the non-conforming items.

52. CODES AND REGULATIONS: The awarded Vendor/Contractor must strictly compiy with all federal, stateand local building and safefy codes.

53. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must fumish all information requested and inthe space provided on the Bid Form, if any. Furthermore, each Bidder offering an equal to the brand(s)specified (or if no brand is specified) must submit with their bid, descriptive literature and/or detaited


Vendor's Initials:

i '



specifications coverfng the products offered. Reference to literature submitted with a previous bid will notsatisfy this provision. Bids which do not comply with these requirements will be rejected.

54. ALTERNATE SIZES: In the event the Manufacturer does not supply the exact size as stipulated, Biddermay offer an alternate size. For example, if a 50 Ib. bag is not available, Bidder may substitute theManufacturer's 60 Ib. bag on the bid schedule. Line out the unit ofmeasure on the bid schedule and writein the offered size above the strike out. In such case, award may be made on a unit price basis; ex., priceper tb.

55. EQUIPMENT/SERVICE:

55.1. The scope of these specifications Is to insure the delivery of a complete unit ready for operation.Omission of any essential detail from these specifications does not relieve the awardedVendor/Contractor from furnishing a complete unit.

55.2. All equipment must be new, or current manufacturer in production at (he time of bid opening andcarry standard warranties, The awarded Vendor/Conlractor must service all equipment prior todelivery.

55.3. Bids will be considered only on equipment which can, on short notice, be serviced and maintainedby the successful bidder. At the time of bid opening, the bidder must be an authorized deater,distributor, and/or representative of the manufacturer for the brand/model being bid. For thepurposes of this bid solicitation, deater, distributor, and/or representative means a firm or personthat owns, operates, or maintains a store, warehouse, or other establishment in which materials,supplies, parts, articles, or equipment of the general character described in the specifications arebought, kept in stock and sold commercially or to the general public in the usual course of business.The bidder must maintain a normal supply of repair parts and be equipped with personnel andfacilities to provide such service as necessary to keep the equipment in operation with a minimumof delay. Failure to meet these requirements, in the County's sole opinion, may be cause forrejection.

56. ASSEMBLY AND/OR PLACEMENT: All items must be completely assembled by the awardedVendor/Confractor prior to delivery to Hernando County. It will be the responsibility of the awardedVendor/Contractor to supply the necessary labor and materials for the placement of al! equipment asspecified herein. Equipment is to be set-up, sen/iced, tested and demonstrated at no charge to HemandoCounty.

57.WARRANTY1

41.1 The awarded Vendor/Contractor shall warrant 100% all Meters and their parts furnished hereunderagainst defect in materials and/or workmanship for a period offive (5) years and/or 1 million galtons,all Encoders and MIU's for not less than ten (10) years, Handheld Collector Units and Mobile DataCollection Units for not iess than one (1) year and Software for not less than twelve (12) monthsfrom date of delivery/acceptance by Hernando County. Should any defect in materials orworkmanship, except ordinary wear and tear, appear during the above steted warranty period, theawarded Vendor/Contractor shall repair or replace same at no cost to (he County, immediately uponwritten notice from the County's authorized represenlative. The Vendor/Contractor shall beresponsible for either repairing the equipment on site or transporting the equipment to his/her repairfacility at no cost to the County.

41.2 Ifthe County must return HHCU and MDCS equipment forrepair or replacement underthe warrantythe Vendor/Contractor shall make every effort to secure a replacement loaner unit within forty-eight(48) hours of notification. The County shall return any loaner equipment within forty-eight (48) hoursof warranty equipment return. Retum freight for HHCU and MDCS equipment shall be theresponsibility of the County. After repairs for replacement of HHCU and MDCS equipment IheVendor/Contractor shall pay the return freight to the County.

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41.3 If the County must relurn Software for replacement under the warranty the Vendor/Contractor shallmake every effort to secure a software replacement within twenty-four (24) hours of notificalion.The County shall return any defective software media within forty-eight (48) hours of notice toVendor/Contractor. Return freight for software media shall be the responsibility of the County. Onreplacement the Vendor/Contractor shall pay the retum frelght to the County.

41.4 .All warranty provisions of the Uniform Commercial Code shail additionally apply.

58. PROTECTION OF PROPERTY/SECURITY:

58.1. The Vendor/Contracfor shall provide barricades if necessary and take all necessary precautions toprotect buildings and personnel, All work shall be completed in every respect and accomplished ina professional manner and the Vendor/Contractor shall provide for removal of all debris from Countyproperty.

58.2. The Vendor/Contractor, shall at all times, guard against damage or loss to property of HernandoCounty, or of other Vendor/Contractors or Vendor/Contractors, and shall be held responsible forreplacing or repairing any such loss or damage- The County may withhold payment or make suchdeductions as deemed necessary to insure reimbursement or repfacement for loss of damage toproperty through negligence of the Vendor/Contractor or his agent.

59. PRICING: The County requires a firm price for the entire contract period. Invoices wili be reviewed toconfirm compliance with quoted pricing. Failure to hold prices firm shall be grounds for immediatetermination of the Contract.

60. PRICE ADJUSTMENT: Written request for price adjustments may be made every twelve (12) months, noless <han thirty (30) days prior to the requested effective date- Any increased price adjustment(s) must beaccompanied by written justlfication alfesting that ths request is a bonafide cost increase to theVendor/Contractor. The base period for any requested adjustment shall be the beginning ofthe latest periodduring which an adjustment may have been made. For example, if annual adjustments may be requestedunder a three-year contract and none is requested after the first two (2) years, the base period for anadjustment effective the third year shall be the beginning of the second year. Al! requests for priceadjustment(s) shall be supported by Consumer Price Index and/or Producer Price Index documentationsupporting the requested increase. The maximum allowable increase shall not exceed 4%. All priceadjustments must be accepted by the Chief Procurement Officer and shall be accomplished by writtenamendment to this contract.

61. MARKET CONDITIONS: The County reserves the right to purchase on the open market should lowermarket prices prevail, at whlch time the Vendor/Contractor shall have 1he option of meeting the lower priceor relievjng the County ofany obligafion previously undsrstood.

62. CHANGES . SERVICE CONTRACTS:

62.1.

62.2.

The County may at any time by issuance of an executed change order make changes within thegeneral scope of the Contract in any of the following areas:

62.1.1. Description of services to be performed.62.1.2. Time of performance (i.e., hours of the day, days oftheweek, eta.).62.1.3. Place of performance of the sen/ices.

If additional work or other changes are required in the areas described above, a price proposal willbe required from the Vendor/Conlractor- Upon negotiation ofthe proposal, execution and receiptofthe change order, the Vendor/Contractor shall commence performance of fhe work as specified.

62.3. The Vendor/Contractor shatl no( commence the performance of additional work or other changes


Vendor's Initials:



not covered by this Contract without an executed change order issued by the Purchasing andContracts Division, If the Vendor/Contractor performs additional work beyond the specificrequirements of this Contract without an executed change order, it shall be at his own risk. TheCounty assumes no responsibility for any additional costs forwork not specifically authorized by anexecuted change order.

63. METHOD OF ORDERING: The County will issue purchase orders against the contract on an as neededbasis for the supplies or services listed on the Bid Form.

64. CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER - TERM CONTRACTS: It is hereby madea part ofthis Invitation for Bid that before, during and after a pubtic emergency, disaster, hurricane, flood, orother acts of God that Hemando County shall require a "first

priority" basis for goods and services. It is vitaland imperative that the majority of citizens are protected from any emergency situation which threatenspublic health and safety, as determined by the County. Vendor/Contractoragrees to renl/sell/lease all goodsand services to the County or other govemmental entities as opposed to a private citizen, on a first prioritybasis. The County expects to pay contractual prices for all products or services required during anemergency situation. Vendor/Contractor shall furnish a twenty-four (24) hour phone number in the event ofsuch an emergency.

65. REQUIREMENTS CONTRACT: This is a Requirements Coniract and ihe County shall order from theVendor/Contractor all of the suppties and/or services specified in the contract's price schedule that arerequired to be purchased by the County. If the CounSy urgently requires delivery of goods or services beforethe earliest date that delivery may be required under this contract, and if the Vendor/Contractor will notaccept an order providing for accelerated delivery, the County may acquire the goods or services fromanother source. Except as this contract may otherwise provide, if the County's requirements do not resultin orders in the quantities described as "estimated" in the contract's price schedule, that fact shall notconstitute the basis for an equitable adjuslment.

66. ESTIMATED QUANTITIES: Hernando County resewes the right to increase or decrease estimatedquantities as required. Estimated quantities are shown on the Bid Forrn attached to these bid documents.It is understood by all Bidder's that these are only estimated quantities and the County is not obligated topurchase any minimum or maximum amount during the life of this Contract. The Contract resulting fromthis solicitation shall be non-exclusive and the County may procure the goods or servjces covered by thecontract from other sources at its discretion.

67. ADDITIONAL ITEMS: The award ofthe bid shall be based on the fixed price submitted for the items on theBid Form attached to these Bid Documents. Additional items not on the current bid form may be added fromtime to time. However, the County will obtain quotes from the Vendor/Contractor and these items will beadded to the contract.

68. SITE DAMAGE: The Vendor/Contractor shall be held responsible fordamage to any site feature (nclucfing,but not limited to: irrigation equipment, trees, shrubs, signs, vehicles, etc. caused by the Vendor/Contractor.It shall be the Vendor/Contractor's responsibility to clean-up and/or rectify, to the County's satisfaction, anydamage to County property caused by any individual(s) connected with the Vendor/Contractor. TheVendor/Contractor shali be notified of the specific nature of the damage and cost of repair. The Countyshatl, at its option, invoice the Bidder for payment or reduce the next regular payment to theVendor/Contractor, for the cost ofrepairs, materials, and labor,

69. JESSICA LUNDSFORD ACT: The work may require the Vendor/Contractor to enter school grounds whenstudents are present. Accordingly, as required by Section 1012.465, F.S. (2014), Vendor/Contractor'semployees and agents that will enter school grounds must meet Level 2 screening requirements asdescribed in Section 1012.32, F.S. (2014). Vendor/Contractor must provide evidence that it is in compliancewith this requirement no later than ten (10) days prior to commencement ofwork.


Vendor's Initials:^



SECTION IV: SCOPE AND SPECIFICATIONS

70. CONFLICT1NG TERMS W1TH SECTION IV: In the event of a conflict between the terms of the Contract(including any and all attachments thereto, excluding Section V, andany amendments thereof) and any ofthe terms of Section V, the terms of the Contract (including any and all attachments thereto, excludingSection V, and any amendments thereof) shall confrol.

71. SCOPE OF WORK: The Vendor/Contractor will supply all materials, labor, software and equlpment inorder to accomptish the supply of Neptune Meters, Encoders, MIU's, HHIU, MDCS, EZGDCU, EZNHS,EHS and their support, as described in (he spedfications.

72. LOCATION OF THE WORK: The work (o be performed in this Contractwill be performed at variouslocations, in Hernando County, Florida.

73. TECHNICAL SPECIFICATIONS:

73.1. DEFINITION OF TERMS: For the purpose of these specifications, the following words or tennsshall be defined as hereinafter set forth.

73.1.1 "Meter" shall mean the water meter (currently model T-10) and encoder/RF M)U(currently Modef R900i) as a complete unit.

73.1.2 "RF MIU" shall mean the Radio Frequency Meter Interface Unit (currently Model R900i).

73.1.3 "Encoder" shall mean the Neptune E-coder Absolute Encoder and the R900 RF MIU(less meter) used for retrofits of existing meters.

73.1.4 "AMR" shall mean Radio Frequency Automatic Meter Reading.

73.1.5 "ARB" shall mean Automatic Reading and Billing Water Revenue System.

73.1.6 "HHCU" shall mean the Handheld Collector Unit and the Handheld tnterface Unit(currently Model CE5320X),

73.1.7 "MDCS" shall mean the Mobile Data Collection System (currentiy Model MRX920) withthe GfS Mapping Software Module.

73.1.8 "EZGDCU" shall mean the EZNET System's Data Cotlection Unit.

73.1.9 "EZNHS" shall mean the E2NET Host Software

73.1.10 "EHS" shall mean Neptune's Equinox Host Software (or any future upgrads to thecurrent meter reading software.

73.2 TRANSPORTATION; Responsibility for transportation shall be as follows:

73.2,1 Meters and Associated Equipment: Vendor/Contractor shall be responsible fortransportation to County warehouse or other localions as may be determined.

73.2.2 Collection Equipment and Software: County shall be responsible for transportation toCounty Locations.

73.2.3 Field Service Technicians: Vendor/Contractor shall be responsible for transportationfor whatever purpose, to and from County locations oftechnicians and all otherVendor/Contraclor personnel.

Vendor Return Complete Bid Document Vendor's Initials:Page21 of35



73.3 TRAINING: Vendor/Contractor shall provide the following training ifrequested by County:

73.3.1 Meter and Retrofits: Vendor/Contractor shall provide one (1) day of (raining oninstallation of meters and the retrofit of accessing meters.

73.3.2 HHCU and MDCS: Vendor/Contractor shall provide two (2) days of training on theuse of handheld and mobile dafa collection units.

73.3.3 Software: Vendor/Contractor shall provide one (1) day of training onVendor/Contractor supplied software.

END OF SECTION IV- THE REMAINDER OF PAGE INTENTIONALLYLEFT BLANK


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SECTJONV: BIDFORMITB 17#TS0053 - RADIO READ METERS AND ACCOCIATED EQUIPMENT

The Vendor/Contractor shall provide all labor and other resources necessary to provide the supplies,equipment and/or services in strict accordance with the specifications defined in this solicitation for theamounts specified in this Bid Form, inclusive of overhead, profit and any other costs.

PART 1 - PRICE LIST ATTACHED - SECTION VII - EXHIBIT A.ITEMNa^^^j^^^^^,^^^^;^^

Price list attached as Exhibit A in Section VII - Freight allowed, delivery: stock - 4 weeks, pricing termMarch 27, 2017 to March 26, 2019

Signature ofthis section acknowledges that Section VIII Exhibit Ais the firm/fixed pricing fortheinitial term of this contract.

TOTAL BASE BID: _ N/A

TOTAL BASE BID (in words): N/A

The undersigned Bidder has carefully read the Invitation to Bid and its provisions, terms and conditionscovering the equipment, materials, supplies and sen/ices as called for, and fulty understands the requirementsand conditions. Bidder certifies that this bid for the same goods/senices (unless otherwise specifically noted),and is in all respects fair and without collusion or fraud. Bidder agrees to be bound by all the terms andconditions of this Invitation to Bid and certifies that the person(s) signing this bid is (are) authorized to bind theBidder. Bidder agrees that if Bidder is awarded this Invitation to Bid, Bidder will provide the materials andservices as stipulated in the specifications of Ihis Invitation to Bid. Bidder further agrees to furnish and todeliver materials and services as indicated, with all transportation charges^ffiBgl^.and fortt^ prices quoted.

& SUPPLY,INC.SUNSTATE METER_COMPANY NAME

14001 W. NEWBERRY ROADMAIUNG ADDRESS

NEWBERRY, _ FLORI23A_ 32669C\TV, STATE, ZIP CODE

8nn-^42-?40q 352-332-5604 algjsunstatejneter. comTELEPHONE NUMBER

N.A. Ellenburq

FAX NUMBER EMAIL ADDRESS

PresidentCONTACT PERSON TITLE

Inauiries regardina this Invitation for bld mav be directed to Diane Kafrissen. Purchasina Aaent, at telephonenumber 352-754-4020 or email [email protected].

IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain terms andconditions that conflict with those listed in the County's bid document(s). Inclusion of additional termsand conditlons such as those which may be on your company's standard forins shall result in your bidbeing declared non-responsive as these changes will be consldered a counterofferto the County's bid.


Vencfor's Initials



SECTIOM VI - REQUIRED FORMS AND CERTIFICAT10NS

ATTACHMENT 1

DRUG FREE WORKPLACE CERTIFICATE

I, the undersigned, in accordance with Florida Statute 287.087 (2014), hereby certify that,(printortypenameoffirm) SUNSTATE METER & SUPPLY.INC.

>

>

Publishes a written statement notifying that the unlawful manufacture, distribution, dispensing,possession or use of a controlled substance is prohibited in the Workplace named above, andspecifying actions that will be taken against violations of such prohibition.Informs employees about the dangers of drug abuse in the workplace, the firm's policy ofmaintaining a drug free working environment, and availabte drug counseling, rehabilitation,and employee assistance programs, and the penalties that may be imposed upon employeesfor drug use violations.Gives each employee engaged in providing commodilies orcontractual services that are underproposal or proposal, a copy ofthe statement specified above.Notifies the employees that as a condition of working on the commodities or contractua!services that are under proposal or proposal, the employee will abide by the terms of thestatement and will notify the employer of any conviction of, pleas of guilty or nolo contendereto, any vioiation of Chapter 893, or of any controlted substence law of the State of Florida orthe United States, for a violation occurring in the workplace, no later than five (5) days aftersuch conviction, and requires employees to sign copies of such written statement toacknowledge their receipt.Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance orrehabilitation program, if such is available in the employee's community, by any employee whoIs so convicted.Makes a good faith effort to continue to maintain a drug free workplace fhrough theimplementation of the Drug Free Workplace program."As a person authorized to sign this statement, 1 certify that the above named business, firmor corporation complies fully with the requirements set fofth hejein".

n.4.3/23/2017

Authbrized Signatl

State of: FLORIDADate Signed

County of: ALACHUASworn to and subscribed before me this 2 3Personally known X or Produced Identification

dayof March .20 17

^ ^^MiP(Specify Type of Identification)

Sign^ture of Notary

My Commission Expires:

KAMNWHITrLE <. COMMtS^ON«FF60726pXPtNS Soyember 27,2017

BONOtOTHroUfiHMltNSUflANCECOMPANY

This document must be completed and returned with your Submittal.


Vendor's Initials:



SECT10N VI - REQUIRED FORMS AND CERTIFICATIONS

ATTACHMENT2

AFFIDAVIT OF NON-COLLUSION AND OF NON-1NTEREST OF HERNANDO COUNTfEMPLOYEES

Certlfication that Vendor/Contractor affirms that the Bid/Proposal presented to the owner is madefreely, and without any secret agreement to commit a fraudulent, deceitfut, unlawful or wrongful actofcollusion.

N.A. Ellenburg ^* being first duly sworn, deposes and saysthat he (it) is the Vendor/Contractor in the above bid/proposal, that the onfy person or personsinterested in said proposal are named therein; that no officer, employee or agent ofthe HernandoCounty BCC or of any other Vendor/Contractor is interested in said bid/proposat; and that affiantmakes the above bid/proposal with no past or present collusion with any other person, firm orcorporation-

STATE OF _FLORIDA_COUNTY OF AT.AmnA

Affiant

The foregoing instrument was acknowledged before me this 23 day of March 20 17

bvN.A. Ellenburgas identification and who did take an oath.

Notaiy Public: 4^Q^'tlUJt^O

My Commission Expires:.

, who is;fersonally knownjto me or who has produced

KAREN WHIHLECOMMISSION ((FF60726NOTABY

Is^e'wF EXPIRES November 27, 20irBONDED TKKOUSH

RU INSUflANCE COMPANY

*NOTICE: State name of Vendor/Contractor fottowed by name of authorized individual (and titte)that is signing as Affiant. tf Vendor/Contractor is an individual, state name of Vendor/Contractoronly.


Vendor Return Complete Bid Document Vendor's Initials-Page 25 of 35



SECTION VI - REQUIRED FORMS AND CERTIFtCATtONS

ATTACHMENT 3

SWORN STATEMENT PURSUANT TO SECTION 287.133 (3} (a).FLORIDA STATUTES (20141. IN PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OFA NOTARY PUBLICOR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

1. This sworn stalement is submitted to

County of hiernando

by N.A. Ellenburg-President[print indivldual's name and title]

for SUNSTATE METER & SUPPLY,INC.

[print name ofentity submitting sworn statement]

whose business address fs 14001 W. Newberrv .Road-Newberry ,Fl. 32669

(if applicable) its Federal Employer Identification Number (FEIN) is 59-2001285(If the entity has no FEIN, include the Social Security Number of the individual signing thissworn statement);_,

2, I understand that a "pubfic entity crime" as defined in Paragraph 287.133 (1){g), FloridaStatutes (2014), means a violation of any public entity or with an agency or political subdivisionof any other State or ofthe United States, (ncluding, but not limited to, any Proposal or Contractfor goods or services to be provided to any public entity or an agency or political subdivisionofany other state or ofthe United States and involving antitrust, fraud, theft, bribery, collusion,racketeering. conspiracy, or material misrepresentation.

3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), FloridaStatutes (2014), means a finding of guilt or a conviction ofa public enfity crime, with orwithoutan adjudication of guilt, in any federal orstate trial court ofrecord reiating to charges broughtby indictment or information after July 1, 1989, as a resultof a jury verdict, non-jury trial, orentry of a plea of guilty or nolo contendere.

4. I understand that an "affiliate" as defined in Paragraph 287.133 (1 )(a), Florida Statutes (2014),means:

A predecessor or successor of a person convicted ofa public entity crime; orAn entity under the control of any natural person who is active in the management ofthe entity and who has been convicted of a public entity crime, The term "affiliate"

includes those officers, directors, executives, partners, shareholders, employees,members, and agents who are active in the management of an affjliate, The ownershipby one person of shares constituting a controlling interest in another person, or apooling of equipment or income among persons when not for fair market value underan arm's tength agreement, shall be a prima facie case that one person controlsanother person. A person who knowingly enters into a joint venture with a person whohas been convicted of a public entity crime in Florida during the preceding thirty-six(36) months shatl be considered an affiliate.

a.b.


Vendor's Inftials:


17-TS0053VDK RADIO READ METERS & ASSOCIATED EQPT APRIL2017

5. I understand that a "person"as defined in Paragraph 287.133(1)(e), Florida Statutes (2014),means any natural person or entity organized under the laws of any state or of the UnitedStates with the legal power to enter into a binding Contract and which Proposals or applies toProposal on Contracts for the provisions of goods or services let by a public entity, or whichotlierwise transacts or applies to transact business with a public entity. The term "person"

includes those officers, directors, executives, partners, shareholders, employees, members,and agents who are active in management of an entity.

6. Based on informatlon and belief, the statement which 1 have marked below is true in relationto the entity submitting this sworn statement: [indicate which statement applies]

X Neither the entity submitting this swom statement, nor any of its officers, directors,executives, partners, shareholders, employees, members, or agents who are active in themanagement of the entity, nor any affiliate of fhe entity has been charged with and convictedofa public entity crime subsequent to July 1, 1989.

.The entity submitting this sworn statement, or one or more of its officers, directors,executives, partners, shareholders, employees, members, or agents who are active in themanagement of the entity, or an affiliate of the entity has been charged with and convicted ofa public entity crime subsequent to July 1,1989.

_The entity submitting this sworn statement, or one or more of its offlcers, directors,executives, partners, shareholders, employees, members, or agents who are active in themanagement of the entity, or an affitiate of the entity has been charged with and convicted ofa public entity crime subsequent to July 1, 1989. However, there has been a subsequentproceeding before a Hearing Officer ofthe State of Florida, Division ofAdministrative Hearingsand the Final Order entered by the Hearing Officer determined that it was not in the publicinterest to place the entity submitting this sworn statement on the convicted vendor list [attacha copy of the fina) order].

1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICERFOR THE PUBLIC ENTIT/ IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLICENTITY ONLYAND, THATTHIS FORM IS VALID THROUGH DECEMBER 31, OF THE CALENDARYEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT 1 AM REQUIRED TO INFORM THEPUBLIC ENTITY PRtOR TO ENTERING INTO A CONTF

STATE OF FLORIDA

COUNTYOF ALACHUA

[signature]1/23^/2017[date]

PERSONALLY APPEARED BEFORE ME, the undersigned authorily

N.A. Ellenburg .who, after first being[Name of Indivldual Signing]sworn by me, affixed his signature in the space provided above on this

^3_ day of March, 2017 .<4/y^W^ ~U^^40

NOTARY PUBLIC

My commission expires:BONDEDTHROUfiH

Rtl IfB.URANM COMPANV

This document must be completed and returned withyour Suti'mlttai.

KAREM WHITTLECOMMISSION SFF60726

EXPIftES November 27.2017


Vendor's Initials:



SECTION VI - REQUIRED FORMS AND CERTIFICATJONS

ATTACHMENT4

AUTHORIZEDSIGNATURES/NEGOTiATQRS

The Vendor/Contractor represents that the following persons are authorized to sign and/or negotiatecontracts and related documents to which the Vendor/Contractorwill be duly bound:

Name N.A.Ellenburg Tjde President

^.eith Ellenbura . Sec/Treas

Karen Whittle Contract Speciallst

Phone # 800-342-3409

800-342-3409

800-342-3409

M.(Signature)

President

^

(Title)

SUNSTATE METER & SUPPLY, INC.(Name of Business)

The Vendor/Contractor shall complete and submit the following information with the bid or proposal:

Type of Organization

Sote Proprietorship —Partnership

JointVenture Corporation

State of Incorporation: FLORIDA

Federal I.D. is 59-2001285



Vendor's Initials:


17.TS0053/DK RADIO READ METERS & ASSOCIATED EQPT APR1L2017

SECTION VI - REQUIRED FORMS AND CERTIFICATIONS

ATTACHMENT 5

VENDOR/CONTRACTOR INFORMATION

In addition to General conditions, your BID/PROPOSAL may be disqualified if the followingvendor/contractor information is not returned with your BID/PROPOSAL.

Vendor/Contractor is:( X ) Corporation( ) Partnership( ) Sole Proprietorship( ) Other_(Explain)

Federal Employer Identification Number: 59-2001285

Do you collect Rorida State Sales Tax? (X )Yes (

Firm Name: SUNSTATE METER & SUPPLY,INC.

Mailing Address: 14001 W. NEWBERRY ROAD

NEWBERRY,FLORIDA 32669

)No

TelephoneNo. 800-342-3409 . Fax No. 352-332-5604

Email Address:[email protected]

WebAddress: Neptunetq.com

Commodity or Service Supply: Water Meters and all water work

supplxes.

If vendor/contractor js quoting, as a manufacturer's representative and the purchase order should beaddressed to the manufacturer in care ofthe vendor/contractor, so indicate.

If remittance address is different from the mailing address so indicate below.

Firm Name;

Mailing Address:

Submitted by: N.A. Ellenburg n^^^^^Name & Title Printed: N.A. Ellenburg-President


Vendor's tnitials1'Vendor Return Complete Bid Document Vendor'sPage 29 of 35



SECTION VI - REQUIRED FORMS AND CERTIFICATIONS

ATTACHMENT6

HERNANDO COUNT^

E-VERIFY CERTIFICATION

Bid/Contract No: 17-TS O 053/DK

Financial Project No(s):

Project Description: Radio Read Meters & Associated Equipment

Vendor/Contractor acknowledges and agrees to Ihe following:

Vendor/Contractor shall utilize the U.S. Department of Homeland Security's E-Verifysystem, in accordance with the terms governing use ofthe system, to confirm theemployment eligibility of:

1. all persons employed by the Vendor/Contractor during the term of the Contract to

perform employment duties within Florida; and2. all persons, including subcontractors, assigned by the Vendor/Contractor to

perform work pursuant to the contract with the Department.

Company/Firm: SUNSTATE METER5-& SUPPLY,INC.

Authorized Signature:

Print Name: N.A. Ellenburq

Titte: President_

Date: 3/23/2017


Vendor Return Complete Bid Document Vendor's Initiats:Page 30 of 35



SECTION VII - EXHIBITS

EXHIBITA

Feb 15.2017

Mr Josh MartinWaler Distribulion Supen'isorHemando County EnvjrGnmental Serv'ices15400 WiscanRoadBroohavilte.FL 34601

Subiecl. Neplune Metsr Reading System

Deai Mr Martin

The puipose ol this letter is (o inform you of e p/opfielary nalure of Neptune's meter resdingproducts, The R900 (ransnnils in ine 910-920 unlicenssd frequency band via a proprieiary protocolThis protOCTl fe unique to Neplune and can only be interpreled and read by Ihe receiver technalogyulilized in Itie CE5320 or Trimble handhetd. MRX920 mablle data collector. Onty productspyrchased Itom Neptune are compatibte wilh the water RSOO transmlaers deployed Ihroughout yoursyslem

Mainlaining propnelary communicaliona between Ihe R900 and oar data colleetion dences allo*5us to (1) tnsure that tne system performs to youi eiipectations, (2) ensure that you> ulility can utilizenew teatures rolled oul in our software which are tiarciivare dependent and (3) ensure Uis) we canproviije your uBlity wilh piompt and knowtedgeable customer support

I hope al Ihis answers all of your Cjuestions 1 wanl to Uiank you (or being a valued Nsptunecustomar If you have any addrtional questions tnen please do nol hesltate to let me know

Sincerely.

(Brflwfon SegrestBrandon SegrestPrcduct Markebng Manager- Syatems Hardwars

CC-. Terry GullettCC: JeH Kjmbrough

NEPT-UNETECH NDlDGy CBOUP INC Ifno A'ai.an'.j Hin'iwai ;?s. ^I.^ISPF, M 36D)S 334 ?83 6555 w'4w.fii>pri)nfltg cnF"

Vendor Return Complete Bid DocuffientPage 31 of 35

Vendor's Initials:


17-TS0053/DK RADtO READ METERS & ASSOCIATED EQPT APRIL2017

!;t.+.15.2()l7

W. Josh MartinWatCT Distribiitioii Supen'isorllemando County f-:nvironmeiil<il Scrviccs15400 Wiscnn RoadBruuksvillc, I-'I- 346U1(352) 75-I-44gOiniarlinfeo.lieniandp.fl.us

Mr. Manin.

Plciise notc that Sunstatc Metcr and Supply is the solri Authorized Ncpdini;Disiribuior 1'orsulcs. scrvici: and warranty ot'Ncptunc water pniducls andAMR svstems Ihr the State of l-1urida.

Thii geographical arc ol'rusponsibiliiy assiyncd lo thuro includcsa!) ('ouniicswithin ihd Slate ofFlorida,

Typc-; (.'iasscsol'ciislomers exclusiveh assigned arc: Miinicipalilics.priv.lk·water companies. contractors, and plumber.s.

llrnce, our distributor is requirud to niainlain stil'rident inventory oFNcjitunepruducts tu provide cuslonier field sen'icinii, Simslak' Mcter nnd Supply hassnld and supponed Ncptunc products for many years in the Flnrida Markcland they provide a high levct ofsales and sen'ict: to the customer. Therefore.ue encaurage l^tililiss in thc State of Florida to purcliasc Nepiune pruijuctsIhrough Surtstale Meter and Supply. Inc,

l>lc;ce leul trfit; 1o contaut me ifyou have any qucsliuns or cimcem'i. I caii bercached at 407-493-5385.

Regards,

Tfi-n' GtiSleit

Tem OuiletlTenitoo' ManagerNeptune 'leclinoloiiv

Group Inu,

NEPTUNETECIfNDLnGr GRaUP INC. IMO A'iiliar.iaHishr.a, 228 TaliMscc.AL 360M • 33<.233.6555 • www.nepl.ineig.coB)


Vendor's Initials


17-TS0053/DK RADIO READ METERS &ASSOCIATED EQPT APR1L2017

.Sunstutt Meier & Supply, Inc. nms: iS2.S».fi\ 140UI W. N;wb<:iT> Road, Nwbem', M. 32669 Fax: 3S2JJ2.561M

•'l-li iridu'-. !^""£^Klr[l'u^'i_<!l^i"""1"1. .l/rirf Kmliitg A'Afi'wi?.

l-cb, 1.1.3nt7UtrnaBduCounh^BOCC

.Ntplunr Mcltrif nith RWtti Enhanccd Rtfiisttrs;

U(gi;jj£liiigNcptuiic. KWM'i Iniugrult.'il linhanced RugiskT Onlt Aiiv Si/c w Mcdi;!

5'lt'".\j'4" I IU Mulur W'l'l. Bnliniii (•oinplcte W''RU[)0) Hnlianeiid Kcgisirf'/."A'.l" 110 Mclcr Wltirz. Uotlum t-uniplulv W/RSOOi linhanucd RejiisltrI" T 10 MckT W/Iira. Botlum Ctiinplete W.'RVdOi linlraiired RegislcrI I.'2>' TIU Mcicr Compli.-ti.' W/R900; tnhanctfl Kcgister3" TIU Melcr C'oinpfctc W/Ri)(Wi Enhail..t(l Rugislcr

t 'A" 1 IP i'urbiilt: MehT ('oniplclt: W/R91)Oi liiihaiiccd Ri;|iislur1" [IP Tiirhine MCIM Conipli.'tc W/ROOOi Rnlianced Rcfiisliir3" 1 ll' I'urhini; MeKT t'oinplute W.'RWOi l-.nluiicfil Rvgi.strr•)" !11> lurbiilc Mcter LnniplMt: W/K9n()i linhaiicet) Reyistcrft" I ll' Ttirbini: Mulcr t'oinplelc VV'K9l)()i l-nliani;i;d Riiuislyr8" I IP Tiirl'ini: Melcr (•iiinpleii; W/R9i)(]; ]..nhanei;d Kc|;i'ili:r

2" I ru-Flo C'unipound Mcter t"<mplete U.W90UI i;nlianccd Rtgiaters3" I ni-l''lo Conipoiind Meter Compieie W/R9001 Enhanced Kejiislcrs4^'lru-f-IoConipound MrifcrCoinplcii; W/K9f i Hnh^ni-'vct Rcgislcrs6"

'l'ru-I'loCdropoiindMcler C.'ompleie W/R400i Eniianced RcgKlcre

6"'iS~Tru-)'li»Conip<iuHdMuterComplctr W/RWDi f:.nha; cd Reiiisier,)

NL-ptunc. 1" Umn/'c l-'lniiged MctcrStTniiicrNeptunis. 4" Bronxe l-'lanjicd MclcrStraincr^iiptlinc. 6" Bmnze Flaiigud Mclcr S[rahi<;rNuptitnc. 8" Broiue Flaiiged Miilc-r Slnihit.-r

Nt-pluili;. 3" Diuiilu IMII Flangcd Mcur Siraiiii'rNiipliine, 4" Diictile Iron Flanged Meter SlrainL-rNeplunt;. $" Dlldile [ron l'"(anged MctiTSiniinerNcplunu. D" Iluctile Irwi I'lailgcd Meter Stniiner

Ni.-ptunc. 3" Striuncr Iiis.tallalion Aec, KilNeptiiiii:- •)" .Slraiiier Inslallaliaii Acc. K.iiNcjliiiiic, 6" Sliainer Insiallolioii Ai;c. KilNeptuiie. 8~ Slraiiii;r liislallation Acc. Kit

4"xl"lll>l'nitu:tusll] 1-iri;'ii.'rviw L'nmpound Meter (-Dinplcte WilhR'iOOi t:[ihniicei) Rqiisicn;6 \1 '/:" 11P Proiuclus 111 1-iri: 'ien-iw Ctiinppund Mcirr l'ontpleti; WilllR900i Enhanced ReglsicnsS"s2" !IP Proteclus 1)1 l-'ire Sen'ico C'ompDund Mi.'liir CDmplutr WilhR*)00i l;nhauce<) Rugi.sttfrs111"\^" )!P PTulcclus III l-'irc Senici; Cunipi)und Mclcr t'omplelt: Wiili

UnilPriceii52.an

?ia2.onS.214.UB•:.22.?.1)0

S354.BO1;44J.OO

i.4SS,<)0S518.00•»8!.1.(10

St.045.dOS3.in.dOS2.SK 1.U11

SI,463.UI)$1.72i.noS2JW.OOS3.327.dOS5.I65.UO

$524.00S6.10.011S 1.071.00S 1.969-00

S3W.W1S47J.O))S806.UO$ t.700.00

S22.00SJ8.00S96.0Usti6.ao

S;5,.112.00

4!l,553.1)(i

Sl 1.313.00

.S14.350.1!(l


Vendor's Initials:



%Sunsiate Meter & Supply, Inc. Phunc: 352.332.7l0<>14'11) I V,-. Nwbum Aoud. Nuwhirm. 1-"1. 32A69 Fax: 3;2.312.5604

"l-'liiliiiii'.v l.niilin'i Divrthtiliinil .liiiwiu^'tl M^'h'r Kiuilmf{ 'iv.Wi.'mf

R9011; I;nliaiK<tl Rcgislcr.i

.1" !'"irv Itydranl Mi-'lcr C'utDpleic Wilh Connettivns & Dircc! Rcxt Rcgister

•i.''8".<3'4~ 1 10 B.ire Mclcr (tes, ri.-giater)l/t"vW TIO Bare Mem [les3 rug.i'itmI" 110 Darr Mrtfr llcss registcrl1 '/;"~ 110 Baro Muiiir (Ifss ruitislur)2- T I U Uaru Mtfler (lcss njfkWI

5.'g'\3/'l" MACII 10 R90(lt Mrtcr3M".t3rt" MACH 10 R900i Muterl"MA('tl lURWOiMeturI •/;•"• MACH IDRWlOiMuter*2-MAC1I IOR91)()iMeter'f* Wtwi) araitahli;-

Ri.'placi.-niciii Slandard InlCi:ratcd Ai>leiin;i A^seiisbh KitReplaccmenl Shnr! '•Slnbbv" hllcgralcd ANlcniia A5-.«"l]hl\ KilOpiional Slwrt l.fnglh [:.\tCTduil Range AnlL'iiiiit. fi'1 Iplioiial l.iill^ l.diglh r.Mclttli.'d KiiiigL- Anicnna. 20'Ryfli) ll;t Mtt 1 Only W/fi' C'ahluKcclaitiieil Markings And C'oliir (add to aii> iiictL'r/rL'yistcrl

sy^s.iin

?32-(10S64.UI)Sin5.<ioi2»7.01)S.'i24.(lft

$2ft2.50S275.00S.U5.110i;70().UO$7'i-'i.'S

S 11.-15$11.45SD.XOV7.Wiioo.di)$2.50

R91H) Kradine System Oimponunts;

Glc.tsripjli.in ynii.PriwARIi N_Siu}il R9CIO AMR Sollwarc S^SOD.OOARt) N.Stjiht R900 P1A)S AMI Sutlwarc $S,<)50.0UARB N. ,'iighl AMR 1(> AMI Uplil) !-cc S.!.9511.00ARR N^Siglll Mobile S»nwaf<:'l'rainiiig

S2.SOO.OOAR»N_Sidi1 l;i.\cd Nutwork Traininj; S-l.gifl.OOI rinihltf Noniail 1050 Kandlwlci Devicc $2.95().ft0Triinbtu ts:umad Handhclil (.'liarging aiid (.•uniinuiiiualiuii.-i C'radlc S^9(.).0()R9UO Bch Clip Transceivi.T $1250.00MRX*)2() Vcreion 1(1 Mobile Data Culleclor Cumpliste $<».95ft.OOMRX920 Mappiiig & Mobility Mudulc - Annual Sutiscriptiun S800.00R90U h'i.sed N«iworliOatcway Cultecior - AC Puwer/Pulc MuuiK lii.OOO.OOROfln Fixud Nvluurk Gatiiwav <'t)Ilcclor - Solar Ptiuer/Pnlc Mounl S9.9>n.0»K90R Pixed Netv.wk Gaieway Colk'cior (;PS Prwr Siipph SU.'ift.Ot)K.900 Fixed Network Unicway Collectnr Anicnna E.'15U.OO'/;" C'tiax Antsnna Cabli: - I'er Ft. SJ.S 17'!!" Cuax Antanna Cublu - Per Ft. S9Ji 8l-'cnir.ti: Coax Cablc Adifpwr SSO.flBMiik-Coa.s Cobte Adapler S33.7Sft' <'oax Juinpvr ('abli; A.ssy. S123.75

Vendor Return Comptete Bid DocumentPage 34 of 35

Vendor's Initials:


17-TS0053/DK RAD10 READ METERS & ASSOCIATED EQPT APRIL2017

^,^ SunstatFMeter<SSupph,lnc. Phiinm.152-532.7104IjftO] W. Ncwberri,- Huad. N btfrr>. I-l 5266^ fav. J52j32^604

-J^'^.."^L'l??W-,')-'.y'.!^"'.'^'-L!'J"'"'"'''t''^'wl''1'' Krmtiiij! .'iy.'-ttw.i

l-'Kigllt AllnwedDulivco: Sliick.-.4 ucekyPricilig

'l'crm:^·ia^ch 27. 2017 - Marvli 26. 2U19

Wc apprcciaic thc pa.sl business wc havc rvi.-ei'.ed I'roin 1 !<;mando C'uunty and luokfiir"ard tti mL-cliny yiiur meicriiig nccds in llw luiure. Ifyiiuhaveany questionsofit'lc;Mi bc ol iiiiy turtlier assiiilanci;. plciisc do nct hi.'sitaic tii foniact nie.

Rc.'.pccllullt suhmilled.

N.A. tElie^wfg-N.A. "Ai"yicnburg

PresiilcntKunstati: Mtfier & Supply. inc.


Vendor's Initials:


COVERAGES CERTIFICATE NUMBER: "1626512 REVISION NUMBER:THIS IS TO CERTIF^ THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWtTHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICfES DESCRIBEO HEREIN 13 5UBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDIT10NS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CtAIMS.

TYFE OF INSURANCEIADDUSUBR!IIMSD'WVD] POLICY NUMBEFI

"POLICY6FF

I (MMrDDJYYYY) l<.PWr^, LIMITS

X I eOMMERCIALOENERALUABILm

CIAIMS-MADE | X | OCCUR

GEN'L AGGREGATE UMIT APPLIES PER;

^]poucyDjpERcqF QLOCI 1 OTHER:

•ir |Y i•! i

CA?5152924 01/OI./201"

EACH OCCURRENCEDAf»flAGETO FtENTED

WSO EXP (Any me peraon;

1,000,000

50D,OOOj

is,ooo01/01/3018

j PERSONAI-&ADVINJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGQ

CQMBINEDSINSLELIMIT(Ea am'dent)

l,000,000

2,000,000

2,000,000

AUTOMOBILELIABILirr

ANYAUTO

OWNEDAUTOS ONLYHIREDAUTOS ONLY

1,000.000

BODILY INJURY (Per oereun)SCHEOULEDwrosNON-OWNEDAUTOS ONLY

CAF5l52?2j 01/01/2017 01/01/2018 BODILY INJURY (Per acsklant)

PROPERTl'D/WAGEfPeracdilenO

i<UMBRELLA LtAB

EXCESSLIAB

OCCUR

CLAIMS-MADE

EACH OCCURRENCE

CA55152924 01/01/2017 01/01/2018 AGGRESATE

DED R6TENT]OM$WORKER3 COMPENSATIONAND EMPLOYERS' LIAB1LITYANYPROPRIETQR/PARTNER/EXECUTI'/E

I OFF1CER/MSMBEREXCLUOED7(Mandatoiy In NH)ff yes, describe under

;RIPT10NOF OPERATIONS beton

IIgmTsJ l^:20I15E6435 09/21/2016 09/21/2017

E.L EACH ACCIDEMT

E.l. DISEASE - EA EMPLOYEEl

E.L. DIS&'SE - POUCV LIMIT

2,000,000

2,000,000

500,OOO!

500,000

soo.ooo

DESCRIPTION OF OPBRATIONS /LOCATIONS /V6HICLES (ACORO 101, Addlllonal Remarkl Scheduls. may b«alliiclied if mare spact Isrequlrsd)

Barnando County is inclttded as an Aaditional InEUcea ag respectB to Gmaral Llabllity as reguired by writtencontrsict,

Waiver of subrogation applies in favor ot Add-Ltional Insured with raspectB to Oeneral tiability as requlred by writtencontract.

ACORD25(2016/03)©1988-2015 ACORD CORPORATION. AII rights reserved.

The ACORD name and logo are registered marks of ACORDSR 1D-. 13865771 BATCy; B&tcb fti 27-1403

^CORCy CERTIFICATE OF LIABILITf INSURANCE DATB (MMBDWYVY)

12/29/2016

THIS CERTIFICATE IS ISSUED AS A MAHER OF INFORMATION ONLY AND CONFERS N0 RIQHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P01.1CIESBELOW. THIS CERT1FICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 1SSUING INSURER(S), AUTHOR12EDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: Ifthe certiflcate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDIT10NAL INSUREO provislons or be endorsed.If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A Btatement onthis certificate does not confer rights to the certificate holder In lleu ofsuch endorsement(s).

PRODUCER Willis of Blora.da, Inc.

c/o 2G Ceatury Blvd

P.0. Box 305191.

Nashville, TH 3723051SI DSA

CONTACTNAMBL

&"£INEo^«:1-877-S45-7378_|KS.Nol. l-B8°--'"-237a

A^IRESS: certi.ficatesgwilliB. com

INSURER(S)AFFORDINGCgVERA6E NAICO

INgURE^fA : Ciiiciunati Xnsuiance Cowpany 10677

(NSURED Sunstgte Meter & Supply Co., IDC.

14001 H. Newberry RoadNewbnrry. PIi 32669

INSURERB: ContineDtal Caaualty Coapany 20443

INSURERC;

INSURER D :

INSURER E :

INguRER F:

CERTIFICATE HOLDER CANCELLAT10N

HQTnaiido Couaty

20 N. Malnst.raet, Room 131Brooksville, FI. 34601-2822

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DE1.1VERED INACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

^^^f


ATTACHMENT 3

' 17-TS0053/DK RAD10 READ METERS & ASSOCIATED EQPT APRIL2017

30.1.1.2. Deliver the supplies or to perform the services within the time speclfied inthls contract or any extension.

30.1.1.3. Make progress so as toendangerperformanceofthiscontract.

30.1.1.4. Perform any of the other provisions of this Contract.

30.1.2. Prior to termination for default, the County will provide adequate written notice to the(Vendor/Contractor) through the Chief Procurement Officer, Purchasing and Contracts,affording him/her the opportunity to cure the deficiencies or to submit a specific plan toresolve the deficiencies within ten (10) days (or the period specified in the nofice) afterreceipt of the notice. Failure to adequately cure the deficiency shall result in lerminationaction. Such temiination may also result in suspension or debarmenl of theVendor/Contractor in accordance with the County's Procurement Ordinance. TheVendor/Contractor and its sureties (if any) shall be liable for any damage lo the Countyresulting from the Vendor/Contractor's default ofthe Contract. This liability includes anyincreased cosls incurred by the County in compleling Contract performance.

30.1.3. In (he event of termination by the County for any cause, the Vendor/Contractor will have,in no event, any claim against the County for lost profits or compensation for lostopportunitiss. After a receipt ofa Termlnatlon Notice and except as otherwise directedby the County the Vendor/Contractor shall:

30.1.3.1. Stop work on the date and to the extent specified.

30.1.3.2. Terminate and settle all orders and subcontracts relating to theperformance of the terminated work.

30.1.3,3. Transfer all work in process, completed work, and other materials relatedto the terminated work as direcfed bytheCounty.

30.1.3.4. Continue and complete all parts of that work that have not been terminated.

30.1.4. If the Vendor/Contractor's failure to perform the Contract arises from causes beyondthe control and wilhout the faull or negligence ofthe Vendor/Contractor, the Contractshall not be terminated fordefault. Examplesofsuchcausesinclude(1)actsofGodorthe public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods,(5) epidemics, (6) strikes and (7) unusually severe weather.

30.2. Termination for Convenience: The Counly, by written notice, may lerminate (his Contract, in wholeor in part, when it is in the County's interest. If this Contract is lerminated, the County shall be liabteonly for goods or services delivered and accepted. The County Notice of Termination may providethe Vendor/Contraclor ninety (90) days prior notice before it becomes effective. A termination forconvenience may apply to indivldual delivery orders, purchase orders or to the Contract in itsentirety.

31, FISCAL NON-FUNDING; In the event sufficient budgeted funds are not available for a new fiscat period,the County must notify the Vendor/Contractor of such occurrence and contract shall tenminate on the lastday of current fiscal period without penalty or expense to the County.

32. _USE QF CONTRACT BY OTHER GOVERNMENT AGENCIES:

32.1. At the option of the Vendor/Contractor, the use of the Contract resulting from this solicitation maybe extended to other governmental agencies, including the State of Florida, its agencies, potiticalsubdivisions, counties, and cities.

Vendor Return Complele Bid Document Vendor's Initials:Page 7 of 35

-^



32.2. Each govemmental agency allowed by the Vendor/Contractor to use this Contract shall do soindependent of any other govemmental entity. Each agency shall be responsible for its ownpurchases and shall be liable only for goods or services ordered, received and accepted. No agencyreceives any liability by virtue of this bld and subsequent contract award.

33. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By submission of this bld, the Biddercertifies, and in the case ofjoint bid, each party thereto certifies as to its own organization, (hat In connectionwith this procurement:

33.1. The prices in this bid have been arrived at independently, without consultation, collusion,communicatton, or agreement for the purpose of restricting compelition, as to any matter relating tosuch prices with any other bidder or with any competitor.

33.2. Unless otherwise required by law, the prices which have been quoted in this bid have not beenknowingly disclosed by the Bidder and will nol knowlngly be disclosed by the Bidder prior to opening,directly or indirectly to any other Bidder or to any competitor.

34. INTERIM EXTENSION OF PERFORMANCE: If it is determined that interim performance is requlred toallow for the solicitation and award of a new Contract, the County may unilaterally extend the Contract for amaximum period of up to six (6) months. Current pricing, delivery and all other terms and conditions of theContract must apply during thls interim period.

35. COMPETENCY OF BIDDERS: N/A

36. MAINTENANCE OF RECORDS: The Vendor/Contractor ^(vill keep adequate records and supportingdocuments applicable to this contracl. Said records and documentation will be retained by theVendor/Contractor for a minimum of five (5) years from the date of final payment on this Contract. The Countyand its authorized agents shall have the right to audit, inspect and copyrecords and documentation as often asthe County deems necessary during the period of this contract and a period of (ive <5) years after completion ofcontract performance; provided however, such activity shall be conducted only dun'ng normal business hours.The County during Ihe period of time defined by the preceding sentence, shall also have the righ) to obtain acopy of and otherwise inspect any audit made at the direction of <he Vendor/Contractor as concerns theaforesaid records and documentation. Pursuant to Section 119.0701, Florida Statutes, Consultant/Firm shallcomply with the Florida Public Records' laws and shall:

36.1. Keep and maintain records that ordinarily and necessarily would be required by the public agencyin order to perform the service;

36.2. Provide the public with access to public records on the same terms and conditions that the publicagency would provide the records and at a cost that does not exceed the cost provided in Chapter119, F.S., or as otherwise provided by law.

36.3. Ensure that public records that are exempt or confidential and exempt from public records disclosurerequirement are not disclosed except as authorized by law; and,

36.4. Meet ail requirements for retaining public records and transfer, at no cost, to the public agency allpubtic records in possession of the Consultant/Firm upon termmation of the contract and destroyany duplicate public records that are exempt or confidenlial and exempt from public recordsdisclosure requirements. AII records stored electronically must be provided to the public agency ina format that Is compatible with the Information technology systems of the public agency,

36.5. Failure to comply with this section shall be deemed a breach of the contract and enforceable as setforth in Sectlon 119.0701, Florida Statutes.

IF THE CONTRACTOR HAS QURSTIONS REGARDING THE APPLICATION 0V CHAP'l'ER 119,FLORIUA STATliTES, TO THE CONTRACTOR'S UUTY TO PROVIDK PUBL1C RECORDS RELATINGTO THIS CONTRACT, CONTACT T»E CUSTODIAN OF PUBLIC RECORDS AT 352-754-4020,PURCHASING(S)HERNANDOCOUNTY.US, WITH AN OFFICE LOCATRJ) AT 20 N. MAIN STREET,ROOM 365, BROOKSVILLE, TL 34601.

Vendor Return Comptete Bid DocumentPage 8 o( 35

Vendor's Initials:


TO:

VIA:

FROM:

^aiATTACHMENT4

CONSENTAGENDA ITEMMEMORANDUM

ONORABLE MAYORAND CITV COUNCILME

/j<o<x|

^h^

I-VA<)HA,CIT^:

RICHARD W. RADACKY, PUBLIC WOI iCTOR

SUBJECT: APPROVAL TO UTILIZE HERNANDO COUNTTS ANNUALMETER BID

DATE: JUNE 3, 2011

GENERAL SUMMARY/BACKGROUND: The City entered into an agreement wlthEnergy Systems Group (ESG) to install various capital improvements. The meterreplacement component of the ESG improvements will require the purchase ofapproximately $940,000 of meters and associated equipment. Staff believes that theoverall costs can be reduced by approximately $160,000 by utilizing the HernandoCounty meter purchasing bid, and purchasing the meters direct from the distributor toavoid the sales tax costs.

The City has been standardized on Neptune meters since 2006 because of the productquality and service from the distributor. Neptune is also the standard for HernandoCounty which allows the City to have close access to back-up parts, electronic meterreaders and software support in case ofa major failure. Sunstate Meter & Supply (SMS) isthe sole distributor of Neptune meters and equipment in the State of Florida and is thecurrent annual contract supplier to the County.

To proceed wlth this savings, Staff will need approval to utilize the Hernando Countymeter bid with SMS to buy water meters and associated equipment.

BUDGET IMPACT: Proceeding ^vith the Hernando County meter purchasing bid \\dllreduce the project costs for our meter replacement project. City Council approved thefinancing arrangement with SunTrust Financing and Leasing on 5/16/11. The meterreplacement is a major component of the energy performance projects approved vvithEnergy Systems Group on 4/18/11. As reported in a Memorandum from City ManagerNorman-Vacha dated 4/12/11 at the 4/18/11 meeting entitled "Energy Systems Group—Guaranteed Energy Performance Contract", we will return with a budget amendment that•vvill outline receipt of initial revenues/funding (Loan Proceeds) for the project, as well asthe expenditure accounts.

,GAL REVIEW: City Council has home-rule authority (Art. VIII, 2(b), FlaConst./Section 166.011, F.S.) to consider matters offiscal and intergovernmental benefit.Pursuant to Section 5.04 ofthe City Charter, competitive bidding is required except to theextent that Council authorizes othervvise by ordinance. Pursuant to Section 2-304 (a) (l)and (2) of the Code of Ordinances, the amount of expenditure for which the City may

APPROVED BY BROOKSV1LLE

. CITi'COUNCIL

ON ^/^^//^ INITIALS,


obligate itself •vvithout competitive bidding by the City is increased provided: (l) the CityManager recommends to the City Council that a specific purchase be made bypiggybacking on an award by another governmental entity's competitive bidding process;and (2) the other governmental entity's competitive biding process provides substantiallyequivalent guarantees offairness and competiveness to those ofthe City.

STAFF KECOMMENDATION: Staff is requesting Council approval to utilizeHernando County annual meter bid with SMS for the meters and associated equipment.

ATTACHMENT: Letter from Sunstate Meter & Supply, Inc.


/

14001 W. Newbeny RoadNewberry, FL 32669-2710

JeffKimbrough - Sales RepresentativeVoice: 352 516-9791 Email: [email protected]

Nextel Direct: 162*36*6734 Fax: 352 735-3603

May 18, 2010

Mr. William SmithUtilities DirectorCity ofBrooksvilIe600 S. Brooksville Ave.Brooksville, Fl. 34601

RE: PIGGYBACK OF CITY OF HERNANDO COUNTY CONTRACT #06-051SUPPLY, DELIVERY OF RADIO READ METERS AND ASSOCIATEDEQUIPMENT/SOFTWARE

Dear Mr. Smith,

Per your request, Sunstate Meter & Supply, Inc. has contacted Neptune TechnologyGroup, Inc. and we are both in agreement to allow the Cily ofBrooksviIIe to piggybackthe above referenced water meter contract. This contract was recently renewed and willbe extended through 3/26/2012.

I have tncluded for your review the price sheets and a copy ofthe executed contract. Iwill be glad to provide you with any further contract documentation that you may require.You may also contact Hemando County directly if desired. The contract specialist forthis contract is:

Mr. J. Matt Pen-yPurchasing Agent - Purchasing and Contracts Department

Hemando County Board ofCounty Commissioners20 North Main St. - Room 265

BrooksviUe.Fl. 34601-2828Phone: 352-754-4020

Fax: 352-754-4199Email: [email protected]

If you have any questions or concems please do not hesitate to give me a call. Weappreciate the past water meter business that we have received from the City ofBrooksville and look forward to continuing our work with you in regard to yoiir watermeter needs.

Best regards,

3eff'Kjm6roughSales RepresentativeSunstate Meter and Supply, Inc.Enclosures


Sunstate Meter & Supply, Inc. Phone: 352.332.710614001 W. Newbeiry Road, Newberry, FL 32669 Fax: 352.332.5604

"Florida 's Leading Distributor ofAutomated Meter Reading Systems "

ATTACHMENT <{A"

Neptune Meters with R900i Registers;

Descriction Unit PriceNeptune, R900i Integrated Pit Ecoder With MIU Only - Any Size or Model $144.50

5/8'-x3/4" Tl O Meter W/P1. Bottom Complete With R900i Pit Ecoder/MIU $163.003/4"x3/4" Tl O Meter W/Brz. Bottom Complete With R900i Pit Ecoder/MIU $ 193.941" Tl O Meter W/Brz. Bottom Complete With R900i Pit Ecoder/MIU $208.751 1 /2" T] O Meter Complete With R900i Pit Ecoder/MRI $312.832" Tl O Meter Complete \Vith R900i Pit Ecoder/MIU $3 84.50

1 >/2" HP Turbine Meter Complete With R900i Pit Ecoder/MIU $439.882" HP Turbme Meter Complete With R900i Pit Ecoder/Mm $467.443" W Turbine Meter Complete With R900i Pit Ecoder/MIU $770.354" Fl? Turbine Meter Complete With R900i Pit Ecoder/MKJ $943 .226" W Turbine Meter Complete With R900i Pit Ecoder/MIU $ 1,978.3 98" HP Turbine Meter Complete With R900i Pit Ecoder/MIU $2,600.79

2" Tru-Flo Compound Meter Complete With R9001 Pit Ecoder/MRJ'S $1,321.113" Tru-Flo Compound Meter Complete With R9001 Pit Ecoder/MIU'S $1,563.70 •

4" Tru-Flo Compound Meter Complete With R9001 Pit EcoderA'UU'S $2, 103.316" Tru-Flo Compound Meter Complete With R9001 Pit Ecoder/MIU'S $3,003.78 '

6"x8" Tru-Flo Compound Meter Complete With R900i Pit Ecoder/MrLT'S $4,66 1.96

Neptune, 3" Bronze Flaiiged Meter Strainer $491.04Neptune, 4" Bronze Flanged Meter Strainer $587.17Neptiine, 6" Bronze Flanged Meter Strainer $998.60Neptune, 8" Broiize Flanged Meter Stramer $1,777.78

4"xl" HP Protectus III Fire Service Compound Meter Complete With $4,661.96R900i Pit Ecoder/MRT'S6"xl 1/2" HP Protectus III Fire Sei-vice Compound Meter Complete With $6,875.95R9001 Pit Ecoder/MIU'S8"x2': KP Protecftis IJI Fire Seivice Compoiind Meter Complete With $9,098.16R900i Pit Ecoder/MIU'S10"x2" HP Protectus III Fire Serv'ice Compouiid Meter Complete With $11,908.3 4R900i Pit Ecoder/NtIU'S

3" Fire Hydrant Meter Complete With Comiections & Direct Read Register $725.00

Replacement Standai-d Integrated Antenna Assembly KitReplacement Short "Stubby" Integi-ated Anteruia Assembly KitOptional Short Length Extended Range AntennaOptional Long Length Extended Raiige AntennaR900 Pit M1U Only W/6- CableReclaimed Markings And Color (add to any meter/register)

$8.00$8.00$19.80$27.90$100.00$2,50


Sunstate Meter & Supply, Inc. Phone: 352.332.710614001 W. NewbeiTy Road, Newbeny, FL 32669 Fax: 352.332.5604

"Florida 's Leading Distribiitor qfAutomated Meter Reading Systems "

R900 Reading System Componente:

Descrjption UmtPriceCE5320B Handheld Meter Readi.ng Device Complete W/26501 RF Receiver $3,980.00DAP Ethernet Com'rnunications/Charging Cradle Complete W/Power Adapter $485.00MRX920 Mobile Drive By Data Collector Complete (fiew model 4 quarter 207Q) $15,000.00GPRS Gateway Fixed Netivork Collector - Solar Power - Pole Mount $8,950.00GPRS Gateway Fixed Network Collector - AC Power - Pole Mount $7,950.00CE5320B Handheld Replacement Lithium lon Battery Pack $ 186.00

ARB N_Sight Mobile Software CompleteARB N_Sight Hybrid Software ModuleARB N_Sight Mobile Software On-Site Training (2-Days)ARB M_Sight Hybrid Sofware On-Site Training (2-Days)GIS Mapping Software On-Site Training (2-Days)Additional Software License Fee (per seat)

$1,850.00$4,000.00$2,500.00$2,500.00$2,200.00$185.00


ATTACHMENT 5

DEPARTMENT OF PURCHASING AND CONTRACTS

20 NORTH MAIN STREET . ROOM 365 • BROOKSVILLE. FLORIDA 34601P 352.754.4020 • F 352.754.4199 W www.HernandoCounty.us

April12.2017

(via email: [email protected])Sunstate Meter & Supply, Inc.Attn: N.A. Ellenburg14001 W. Newberry Rd.Newberry Florida. FL 32669

RE: Term Sole Source Contract Award: #17-TS0053/DK Radio Read Meters and AssoclatedEquipment

Dear Mr. Ellenburg:

Please be advtsed that the County has approved the award of the above referenced termcontract to your firm. The contract as approved is effective from April 11,2017 through April10.2019 with two (2) twelve (12) month renewal option.

A copy of (he executed contract is attached for your records. To remain compliant, allinsurance musl be current, up to date and in the amounts as required in the bid.

If you have any further questions, please contact Diane Kafrissen. Hernando County Purchasingand Contracls at 352-754-4020.

Sincerely.

FS'. Wunderfe/1Chiejf ProcuremenfO^lcerPur^hasing and C^n^

H&^-s

?flcer'acts Manager

JSW/dk

Attachment

pc via email: Gordon Onderdonk, Utililies DirectorRicky Leach, Operations ManagerW. Josh Martln. Water Distribution SupervisorGrace Sheppard. Rnance ManagerRose Ann Haines, Finance Specialisl

cc: FinanceClerk of the CourtContractFil8#17-TS0053


SOLICITATION - OFFER - AWARD

SOLICITATION

OFFERP-ERMS, CONOITIONS AND SPECIFICATIQNS ARE INCLUDED AS PARTS HEREOF]

IN GOMPLIANCE WITH THE ABOVE, THE UNDERSIGNED, BEING DULY AUTHORIZED TO SIGNTHIS BTDFOR THE 81DDER, AGREESTHATIF THfS OFFER IS ACCEPTED WITHIN NINEPl" f90t_DAYS FROM THE BID OPENING DATE. TO FURNISH TO HERNANDO COUNTYANY AND ALL ITEMS FOR WHICH PRICES ARE OFFERED IN THIS BID SOLICtTATION AT 7HE PR)CE(S) SO OFFERED, DELIVERED ATDESIGNATEO P01NT(8), WITHIN THE TIME P6RIOD SPECtFIED, AND AT THE TERMS AHD CONOmONS SO STIPULATED IN TKESOLICrTATIONFORBIDS.DISCOUNTfORPROMPTPAyMENT: _ %10 CAIENDAROAYS % i0 CALENDAR pXfs

WAU£A«0TFTLt tr fitKSOK *U1HU«mi7(1 WN IB 0»ttj<:CALENDAflOAYSNet 3U D&'<j

BIOOfR'S WFORMAriON

MEYER & SUPPLY,INC.

^dTO01 W. yEWBERRy ROAD

liifewBERRX,5U^LORIDA ZlpCoda'32669

IPtwnaNumt*;

BDDER'S S1SNATUFIE

A.^.<%@?<^—3LOFFER DATE

3/23/17

AWARDfro B6 COMPLETEO BYCOUNTYL

REVIEWED FOR LEGAl SUFFICIENCY3/21/17

LRS17-165

BY:Randall B. Brlffilhs

ACCEPTED AS TO IT£M(S)N0: AMOUNT: ACCOUNTING CODE:

SUBMIT INVOICES TO:

HERNANDO COUNTYHERNANDO CQUNTY UTILIT1ES

15400WISCONBLVD.BROOKSVILLE, FL 34601

NAME AND TITLE OF PERSON AUTHORIZED TO S!GN ACCEPTANCE ANO AWARDFORTHECOUNTY:

Y^. £a-^AWAfiD OATE:

A^^L

17-TS0053/DKbUl.FUIIAIKW TIILE;

RADIO READ METERS &ASSOCIATED EQUIPMENT

DATC issueo: CONTIMCT*:17-TS0053/DK

BOARD OF COUNTYCOMMISSIONERSHERNANOO COUNTY, FLORIDA

Wayne Dukes, CtiairmanSteve Champion, Vice Chairman

John Allocco, Second Vice ChairmanJohn Mitten

Nicholas W. Nicholson

SUBMfTBI&OFFERTOTHERNANDO COUNTY PURCtiASING AND CONTRACTS

20 NORTH MAIN STREET, ROOM 365BROOKSVILLE. FL 34601-2800

Leonard B. SossamonCounty Adminislrator

SUBMIT TWO (2) ORIQINALS, FOR FURNISHING THE SERVICES, SUPPLIES OR RQU1PMENT DESCRIBED HEREIN WILL BE RECEIVED ATTHE OFFICE OF HERNANDO COUNTY, PURCHASING AND CONTRACTS. 20 N. MAIN ST., ROOM365, BROOKSVILLE, FL 34601_rrEMNo._ DESCRIPTION OF SERVICe/SUPPUESfEQUIPMjNT, QTY; TiNJT UNIT^RICE 70TAL AMOUNT

1 TWENTY.FOUR (24) MQNTH TERM CONTRACT, WITH TWO (Z)TWELVE (12) MONTH RENEWAL PERIODS, FOR PROVIDINGNEPTUNE METERS, ENCODERS, MIU'S, HHCU, MOCS. EZGDCU,6ZNHS, EHS AND THEIR SUPPORT.

ELEAS&SUBMIT 1WO (21 ORIGINAL SIGNED DOCUMENTS

xxxx xxxx X)OCOOC><Estimated Yearly

amount of$250,000.00

(SEE ATTACHED SPECIRCATlONS)


J. Ul. J

Sunstate Mcter & Supply, Inc. Phone: 352.332.710614001 W. Newberry Road, Newberry, FL 32669 Fax: 352J32.5604

"Florida 's Leading Disln'biitof ofAutomatedMeter Reading Systenis "

R900i Enhanced RegisteRS

3" Fire Hydraiit Meter Complete With Connections & Direct Re<id Register $998.00

5/8"x3/4" T10 Bare Meter (less register)y<l1x3/4" Tl O Bare Meter (less register)1" T10 Bare Meter (less register)1 %"" TIO Bare Meter (less register)2" Tl O Bare Meter (less register)

S/y)x3/4»MACH 10 R900i Meter3/4"x3/4" MACH 10 R900I Meterl"MACH10R900iMeter1 %'m MACH 10 R900i Meter*2"MACH10R900iMeter'»*When available.

Replaceaient Standard Integrated Antenna Assembly KitReplacement Short "Stubby" Inlegrated Aiiteiuia Assembly KitOptional Short Length Uxtended Range Antenna, 6'Optional Long Length Extended Range Antenna, 20'R900 Pit MIU Only W/6* CableReclaimed Markings And Color (add to any iiieler/register)

$32.00$64.00$105.00$287.00$324.00

$262.50$275.00$325.00$700.00$793.75

$11.45$11.45$19.80$27.90$100.00$2.50

R900 Reading System Components:

DescriptionARB N_Sight R900 AMR Soft\vareARB N_Sight R900 PLUS AMI SoftwareARB N_Siglit AMR lo AMI Uplift FeeARB N_Sight Mobile Software TraiiiingARB N_Sight Fixed Network TrainuigTrimbleNomad 1050 Handheld DeviceTrimble Noniad Handheld Charging and Cominuiiications CradleR900 Belt ClipTransceiverMRX920 Version III Mobile Data Collector CompleteMKX920 Mapping & Mobility Module - Aiuiual SubscriptionR900 Pixed Network Gateway Collector- AC Power/Pole MountR900 Fixed Network Gatevvay Collector - Solar Power/Pole MoiintR900 Fixed Network Gateway Collector UPS Power SupplyR900 Fixed Network Gatevvay Collector AiitennaVi" Coax Anteniia Cable - Pcr Ft.7/8" Coax Aiitenna Cable - Per Ft.Feinale Coax Cable AdapterMale Coax Cable Adnpter6' Coax Juinper Cable Assy.

Unit Price$2.500.00$5,950.00$2,950.00$2,500.00$4,950.00$2,950.00$490.00$2,250.00$9,950.00$800.00$8,000.00$9,950.00$1,750.00$350.00$3.81$9.38$50.00$33.75$123.75


P. 2 of 3

^ Sunstate Meter & Supply, luc. Phone: 352.332.710614001 W. Neivberry Road, Newbeny, FL 32669 FBX! 352332.5604

"Florida 's Leading Distribtitor ofAutoniatetf Meter Reading ^sfems"

Feb. 14,2017Hernando Countv BOCC

Neptune Meters with R9001 Enhanced Rcgisters:

DescriptionNeptune, R900i IiUegrated Enhanced Register Only- Aiiy Size or Model

5/8"x3/4»TIO Meter W/P1. Bottom Complete W/R900i Enhanced Regisler%"x3/4" T10 Meter W/Brz, Bottoin Complete W/R900i Enhanccd Register1" T10 Meter W/Brz, Bottom Complete W/R900i Eiihanced Register1 1/2" T10 Meter Complete W/R9001 Enhanccd Register2" Tl O Meter Complete W/R900i Enhanced Register

I Vt" W Turbine Meter Coniplete W/R900i Enhanced Register2" HP Turbine Meter Complete W/R900i Eiiliaaced Register3" HP Turbine MeterCoinplete W/R900i Enhanced Register4" HP Ttirbine Meter Complete W/R9001 Enhanced Register6" HP Turbine Meter Complete W/R900i Enhanced Register8" HP Turbine Meter Complete W/R900i Enhanced Register

2" Tru-Flo Compound Meter Complete W/R900J Enhanced Registers3" Tni-Flo Compound Meter Complete W/R900i Enhanced Registeis4" Tm-Flo Compound Meter Coinplete W/R900i Eidianced Registers6" Tru-Flo Compound Meter Complete W/R900i Enhanced Regislers6"x8" Tru-Flo Compound Meter Complete W/R900J Eiilianced Registers

Nephine, 3" Bronze Flanged Meter StcainerNepliiiie, 4" Bronze Flaiiged Meter StrainerNeptune, 6" Bronze Flanged Meter StrainerNeptune, 8" Bronze Flanged Meter Strainer

Neptune, 3" Ductile Iron Flanged Meter StrainerNeptune, 4" Ductile Iron Flanged Meter StrainerNeptuiie, 6" Ditdile Iron Flanged Meter StraiiierNeptiiiie, 8" Ductile Iroii Flanged Meter Strainer

Neptiine, 3" Strainer Installation Acc. KitNepliine, 4" Strainer Installatioii Acc. KitNeptuiie, 6" Strainer Installatioii Acc. KitNeptiine, 8" Strainer Installatioii Acc. Kit

4"xl" HP ProlecUis III Fii-e Service Conipoiind Meter Coinpletc WitliR900i Etilianced Registers6"xl '/i" HP Protectus III Firc Service Coinpound Meter Coinplete WitliR900i Eiiliaiiced Registers8"x2" 1IP Protectus III Fire Service Coinpoiind Meter Coinplete WithR900i Enhanced Regislers10".\2" I-IP Protectiis III Fire Seivice Compound Meter Complete With

Unit Price$152.00

$182.00$214.00$223.00$354.00$443.00

$488.00$518.00$814.00$1.045.00$2,192.00$2,881.00

$1,463.00$1,726.00$2,330.00$3,327.00$5,165.00

$524.00$630.00$1,071.00$1,969.00

$396.00$473.00$806.00$1,700.00

$22.00S38.00$96.00$116.00

$5,312.00

$8,553.00

$11,313.00

$14,350.00


P. 3 of 3

^, Sunstnte Meter & Stipply, Inc.%W ]14001 w: Ncwbe"y Road, Newberry, FL 32669

Phone; 352332.7106Fnx: 352^32.5604

"Florida 's LewiinK Distributor ofAutomated Meter Reading Systems "

Freight AllowedDelivery: Stock - 4 weeksPricing Term: March 27,2017 - March 26,2019

We appreciate the past business we have received froin Hemando County and lookfonvard to meeting your metering needs in the future. Ifyou have any questions ofiflcan be ofany furtlier assistance, please do not hesitate to contact me.

Respectfuj[ly subt

Y\-.N.A."Al"EllenburgPresidentSunstate Meter & Supply, Inc.


MUTUAL CONSENT AGREEMENT FORPURCHASE OF ItADIO METERS AND ASSOCIATED

EQUIPMENT BETWEEN SUNSTATE METER& SUPPLY, INC. & CITY OF BROOKSVILLE, FLORIDA

THIS AGREEMENT is made and entered into by and between Sunstate Meter &Supply, Tnc., ("Contractor"), a Florida corporation, whose address is 14001 W. Newberry Road,Newben-y, Florida 32669, and the City of Brooksville Florida ("City of Brooksville"), amunicipal corporation, whose address is 201 Howell Avenue, Brooksville, FL 34601.

WHEREAS, the purchase of radio read meters, encoders, related equipment andsupport is needed for use by the City ofBrooksville Public Works Department; and

WHEREAS, Section 2-303(b) ofthe City ofBrooksville Code ofOrdinances authorizesthe city manager to recommend the purchase of personal property and contractual services by"piggy-backing" on an award by another govemmental entity's competitive bidding process ifcertain criteria is met; and

WHEREAS, Hemando County, Florida issued a Solicitation for Bids (Bid #17-TS0053/DK) for the purchase of radio read meters & associated equipment to Contractor, whowas thereafter detenTiined to be the sole authorized Neptune Distributor for sales, service andwarranty ofNeptune water products and AMR systems for the State ofFlorida; and

WHEREAS, Hemando County, Florida thereafter awarded the bid and contract toContractor on April 11, 2017, which required Contractor to provide the noted radio read metersand associated equipment at an agreed upon cost as shown in its response to the Bid, a copy ofwhich is attached as Exhibit A; and

WHEREAS, the awarded bid was for a period of 24 months and allowed HemandoCounty to extend the terms ofthe contract for 2 additional 12 month periods, which will expireon April 11, 2020 and is subject to a final extension to April 1 1 2021;and

WHEREAS, based on staffs recommendation, the City Council finds: 1) the HemandoCounty's procurement of a sole source vendor through its procurement process is similar andprovides procedural guarantees of faimess and competitiveness substantially equivalent to thoseof the City of Brooksville; 2) Hemando County and Contractor authorize the use of"piggybacking" on the awarded Bid, as stated in Paragraph 32 of the awarded Bid; and 3) it isin the best interest of the residents of the City of Brooksville to enter into an agreement withContractor containing similar tenns and conditions as contained in the awarded Bid; and

WHEREAS, pursuant to Section 2-303(b) ofthe Brooksville Code of Ordinances, andas authorized by the City Council on March 2, 2020, the parties hereby agree and consent to"piggyback" on the rates/prices and terms and conditions in the awarded Bid, including allattachments, addenda, unit prices, and all other applicable documents, except as otherwiseprovided herein.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the


parties agree as follows:

1. Incorporation by Reference. The foregoing WHEREAS clauses areincorporated by reference. The City of Brooksville, its equivalent staff and address shall besubstituted for Hemando County, reference to Hemando County staff and address, as may berequired in the awarded Bid and resulting agreement with Hemando County.

2. Taxes. The City of Brooksville is exempt from all Florida sales and use taxes.

3. Insurance. The City of Brooksville shall be listed as an additional insured on allrequired insurance policies. The Certificate of Insurance shall designate the City of Brooksvilleas a certificate holder as follows;

City ofBrooksvilleAttention: Mark Kutney, City Manager

201 Howell AvenueBrooksville,FL 34601

4. Public Records. Contractor agrees that, to the extent that it may "act on behalf'of the City within the meaning of Section 119.071(1) (a), Florida Statutes in providing itsservices under this Agreement, it shall:

(a) Keep and maintain public records required by the public agency to perform theservice.

(b) Upon request from the public agency's custodian of public records, provide thepublic agency with a copy of the requested records or allow the records to be inspected orcopied within a reasonable time at a cost that does not exceed the cost provided in this chapteror as otherwise provided by law.

(c) Ensure that public records that are exempt or confidential and exempt from publicrecords disclosure requirements are not disclosed except as authorized by law for the durationofthe contract term and following completion ofthe contract ifContractor does not transfer therecords to the public agency.

(d) Upon completion of the contract, transfer, at no cost, to the public agency allpublic records in possession of Contractor or keep and maintain public records required by thepublic agency to perform the service. If Contractor transfers all public records to the publicagency upon completion of the contract, Contractor shall destroy any duplicate public recordsthat are exempt or confidential and exempt from public records disclosure requirements, IfContractor keeps and maintains public records upon completion of the contract, Contractorshall meet all applicable requirements for retaining public records. All records storedelectronically must be provided to the public agency, upon request from the City's custodian ofpublic records, in a format that is compatible with the information technology systems of theCity.

(e) PURSUANT TO SECTION 119.0701(2) (A), FLA. STAT. IFCONTRACTOR HAS QUESTIONS REGARDING THE APPLICATIONOF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'SDUTY TO PROVIDE PUBLIC RECORDS RELATING TO THISAGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,


JENNIFER BATTISTA, CITY CLERK AT 201 HOWELL AVENUE, BROOKSVILLE,FL 34601, 352-540-3816, [email protected].

5. Payment. Contractor shall request payment from the City of Brooksville inaccordance with the City ofBrooksville's finance policy and Florida law.

6. Public Records Compliance Indemnification. Contractor agrees to indemnifyand hold the City ofBrooksville harmless against any and all claims, damage awards, and causesof action arising from Contractor's failure to comply with the public records disclosurerequirements ofSection 119.07(1), Florida Statutes, or by Contractor's failure to maintain publicrecords that are exempt or confidential and exempt from the public rccords disclosurerequirements, including, but not limited to, any third party claims or awards for attomeys' feesand costs arising therefrom. Contractor authorizes the City of Brooksville to seek declaratory,injuactive, or other appropriate relief against Contractor in Hernando County Circuit Court on anexpedited basis to enforce the requirements ofthis term.

7. CompIiance/Consistency with Section 768.28, FIa. Stat. Any indemnificationprovided by the City of Brooksville specified in the Agreement shall not be construed as a waiverofthe City ofBrooksville's sovereign immunity, and shall be limited to such indemnification andliability limits consistent with the requirements of Section 768.28, Fla. Stat. and subject to theprocedural requirements set forth therein. Any other purported indemnification by the City ofBrooksville in the Agreement in derogation hereofshall be void and ofno force or effect.

8. Venue and Jurisdiction. Notwithstanding any of other provision to the contrary,this Agreement and the parties' actions under this Agreement shall be govemed by and constmedunder the laws of the state of Florida, without reference to conflict of law principles. As amaterial condition of tliis Agreement, each Party hereby irrevocably and unconditionally: i)consents to submit and does submit to the jurisdiction of the Circuit Court in and for HemandoCounty, Florida for any actions, suits or proceedings arising out ofor relating to this Agreement.

9. Contact Person. The primary contact person under this Agreement for the Cityof Brooksville shall be Tracey Gerth, Warehouse Supervisor, 352-540-3869, [email protected].

10. Attorney Fees. In the event of litigation or any attempt to legally enforce theterms and conditions of this agreement, each party agrees to be responsible for payment of theirown attomey fees and costs.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]


IN WITNESS WHEREOF, the parties hereto have executed and delivered thisinstrument on the days and year indicated below and the signatories below to bind the parties setforth herein.

ATTEST: CITY OF BROOKSVILLE

Jennifer Battista, City Clerk Joe Bemardini, Mayor

Approved as to Legal Form & Sufficiency

Nancy Stuparich, City Attorney

WITNESS: Sunstate Meter Supply

Name: Jfey/Mfeyers

^^'V^u^^

Name: Karen Whittle

Namef _ Jeff KLimbrough.Title: DirectorofSales


City CouncUCONSENT AGENDAJTEM:

March 2, 2020

CONSENTAGENDA ITEMMEMORANDUM

TO: HONORAJ8LE MAYOR AND C1TY COUNCIL MEMBERS

FROM: DANNY BROOKS, INTERIM UTILITIES DIRECTOR

VIA: MARK A. KUTNEY, C1TY MANAGER

SUBJECT: FLYGT PRODUCTS/ XYLEM WATER SOLUTIONS USA INC.

ES DIRECTOR

^MAI^DATE: MARCH 2, 2020

C1TY MANAGER RECOMMENDATIONS:

Motion to authorize the purchase offour (4) Flygt Model NP-i02.o6o, 4-inch volute submersible

pump equipped with a 23 volt/3 phase/6o Hz 5 horsepower 1750 RPM motor, 462 impeller, 50foot length submersible cable, FLS leakage detector, four (4) 20' X 2" gulde rails (30488(14-490109), two (2) 2" upper guide bar bracket (31688(6136804) from Xylem Water Solutions USA,if Xylem Water Solutions USA is identified as the sole source provider after compliance withSection 2-303 (c) ofthe City of Brooksville Code ofOrdinances and Section 287.057(3)(c), FloridaStatutes.

REPORT IN BRIEF:

Most of Brooksville's lift stations already have Flygt pumps installed and have long termsuccessful operational histories, some in access of 30 years of pump sendce life. Xylem WaterSolutions USA Inc./Flygt pump products provide long term value and operational savings to theov\Tier through high quality advanced product design and materials ofconstruction. The designof Flygt N type impellers maintains operational efficiency through de-ragging technology and theabilityto pass rags, wipes and plastic solids common to modern waste water. This reduces requirecostly labor-intensive field personnel and equipment to resolve. The Flygt pumps are provldedwith high chrome "High Iron" pump wet end components that provide longevity in gritty wastewater applications, especially communities \\dth older piping systems that contain grit due to

piping degradation or sandy environments. Many of Brooksville's pump stations use the same

pump and impeller combinations.

DISCUSSION:

Staffbelieves Xylem Water Solutions USA, Inc. / Flygt Products is a Sole Source Service Providerof the needed products. Section 2-303 of the City of Brooksville Code of Ordinances contains a

process similar to Section 287.057(3)00), Florida Statutes, which both provide for the posting ofa Notice on the City's website for a period of 7 days to allow any unknown vendors who can3/2/20 Reg Council Agenda Packet

Page 116 of 290

provide similar products an opportunity to bid on providing the needed products to the City. Toavoid delay and expedite the purchase of the needed products, approval of the purchase fromXylem Water Solutions USA, Inc. is being requested prior to the advertising for other bidders otithe City's website. In the event other vendors are identified after the 7 day posting expires, theauthorization for the purchase will be subject to further review and approval by the City Councilat its next regularly scheduled City Council meeting.

FISCAL IMPACT: Funds in the amount of $ 27,880.00 for the motors and $3,176.00 for fittedhardware for installation parts will come from account 54610 401 027 536 which has beenbudgeted for in the School Street and Howell Avenue pump stations in the Utilities Sewer Budget.

CONCURANCES:

REVIEW PROCESS

Autumn Sullivan, Finance

City Attorney

Jon Dowler, Public Works

Danny Brooks, Utilities

ATTACHMENTS:Attachment i - Notice of Sole Source Service ProviderAttachment 2 - Xylem Water Solutions USA Inc. / FlygtProducts quote



Name lAutumn Sullivan


Agenda Subject: (i.e. Art [Sole Source - Lift Stn Motors.Gallery Coordinator)

Approval yes or no JYes




Name |NancyStuparich, CityAttorney


Agenda Subject: (i.e. Art |Sole Source Purchase - Lift StationGallery Coordinator)

Approval yes or no

Questions/ Comments

^^5

^t'^ /e c o,i4n-ve<-\cl^^ cco'h»^i s

le^a-L| ^^• c1^^



Name [Jon Dowler


Agenda Subject: (i.e. Art |Sole Source - Lift Stn MotorsGallery Coordinator)





Name |Danny Brooks

Date of Meeting [03/02/2020

Agenda Subject: (i.e. Art |Sole Source - Lift Stn MotorsGallery Coordinator)

Approval yes or no |YES

Questions/ Comments


7-DAY NOTICE OF SOLE SOURCE SERVICE PROVIDERGROUND WATER MONITORING

The City of Brooksville intends to retain the services of George Foster, ProfessionalGeologist v^dth Creative Envlronmental Solutions, Inc. as a sole source service provider tomeet State of Florida mandated requirements of providing Ground Water MonitoringWells.

Services to be provided include:

• To drill three (3) ground water monitoring wells using sonic drilling methods(because of the limestone and chert that must be penetrated, hollow stem augerscannot be used) to approximately 100 ft-bls. The wells will be constructed using30 ft sections of 2-inch diameter Schedule 40 PVC slotted screen sections andvariable lengths of 2-inch diameter Schedule 40 PVC riser. The wells will becompleted with 20/30 sand fllter packs, fine sand seas, and Portland cement groutto land surface, and then developed. The wells will be protected using eithermanholes or protective casings and locking well seals. Soil/rock samples from thewell borings will be collected during drilllng to characterize the lithology at eachwell location. All drilling and well installation activities will be observed andlogged by a geologist under the supervision of a Florida-registered professionalgeologist (PG). All work will be conducted in accordance with applicable FloridaDepartment ofEnvironmental Protection (FDEP) Standard Operating Procedures.

All activities will be summarized in a report that will be provided to the FDEP. Thereport \\dll include llthologic and well construction logs. The report will be signedand sealed by a Florida PG.

Any prospective service providers are required to pro\dde notice and informationregarding their ability to provide services described with the City of Brooks\dlle, City Clerkno later than March 10, 2020, to 201 Howell Avenue, Brooksville, Fl 34601.

For further information, please contact the City Clerk at 352-540-3816 or vla email atibattista@citvofbrooksville,ys


n.vfsnc^a xylem brand

Xylem Water Solutions USA, Inc2152 Sprint Blvd. Apopka Florida 32703

Phone: 407-880-2900 • Fax: 407-880-2962

February 6, 2020

To: City ofBrooksvilleAttn: Danny Brooks

Please be advised that Xylem Water Solutions USA, Inc. is the only authorized vendor for *Flygt Products andis the only authorized service repair and warranty organization in the State of Florida; (East of the ApalachicolaRiver). Their staffis properly trained to provide you the best service available.

Thank you for your interest in Flygt Products. Do not hesitate to call me ifyou have any questions.

Stephen ToolsieService Supervisor2152 Sprint Blvd.Apopka, FL 32703407-553-4148

*Flygt Products include submersible pumps, mixers, valves, Syracuse safe hatch access covers, controls andwell washer.

lemLet's Solve Water 3/2/20 Reg Council Agenda Packet

Page 123 of 290

•FWfGT

a xylem brand

Page 1 of2

Xylem Water Solutions USA Inc. /

Flygt Products2152 Sprint Blvd. Apopka, Florida 32703Phone: 407-880-2900 • Fax: 407-880-2962

To: City ofBrooksvilleAttn: Pari Hice February 10,2020

Subject: Replacement Pumps - NP3102-462 5 HPQuoteNumber: 2019-APO-0671

We are pleased to offer the following equipment:

(4) Flygt Model NP- 3102-462 4" volute Submersible pump equipped with a 230 Volt / 3 phase / 60 Hz 5 HP1750 RPM motor, 2 x 50 Ft. length motor cable, FLS leakage detector disabledPrice: $ 6,970.00 each_Price: $27,880.00

Subject: Replacement Rails & BracketsQuote Number: 2020-APO-0155

We are pleased to offer the following equipment:

4 (four) ea. 20'x2" Guide Rails - 304SS (14-490109)2 (two)ea. 2" Upper Guide Bar Bracket-316SS (6136804)

Price: $3,176.00

Total Quote Price: $31,056.00

Exclusions: WE DO NOT SUPPLY, PIPING, VALVES, GUIDE BARS, PRESSURE GAUGES, DISCONNECTS, JUNCTIONBOXES, KELLUMS GRIPS, SURGE PROTECTION EQUIPMENT, SPARE PARTS, LABOR OR ANY OTHERITEM NOT SPECIFICALLY LISTED ABOVE.

PLEASE MAKE PURCHASE ORDERS OUT TO: XYLEM WATER SOLUTIONS USA, INC.

THIS QUOTE IS VALID FOR NINETY (90) DAYS UNLESS LONGER TIME AGREED TO IN WRITING.

State, local, and other applicable taxes are not included in this quotation.

DAP; Jobsite - Full Freight Allowed (per Incoterms 2010)

Xylem will not be responsible for apparent shipment shortages or damages incurred in shipment thatare not reported within two weeks from delivery tojobsite. Damages should be noted on the receivingslip and the truck driver advised of the damages. Please contact our office as soon as possible toreport damages or shortages so that replacement items can be shipped and the appropriate claimsmade.

Pavment Terms: 100% NET 45 DAYS AFTER SHIPMENT DATE.

(Note: Pania] billing vvill be made on partial shipments)

Xylem's payment shall not be dependent upon Purchaser being paid by any third party unless Ownerdenies payment due to reasons solely attributable to items related to the equipment being provided byFLYGT

Freight Terms:

Shortages:


Page 124 of 290

FI^GTT,

a xylem brand

Xylem Water Solutions USA Inc. /Flygt Products2152 Sprint Blvd. Apopka, Florida 32703Phone: 407-880-2900 • Fax: 407-880-2962

Page2of2

Schedule: Please consult your local Flygt branch for submittals and fabrication lead-times.

Back Charges: Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge toSeller without prior written consent of an authorized employee of seller.

Terms & Conditions: This order is subject to the Standard Terms and Conditions of Sale - Xylem Americas effective on the datethe order is accepted which tenns are available at httD://www.xvleminc.com/en-us/Pacies/terms-conditions-of-sale.apx and incorporatedherein by reference and made part ofthe agreement between the parties.

We thank you for your interest in our equipment and look forward to being of service to you in the near future.

IN THE ABSENCE OF A FORMAL ISSUED PURCHASE ORDER, A SIGNED COPY OF THIS PROPOSAL IS ACCEPTABLE AS ABINDING CONTRACT.

Xylem Water Solutions USA, Inc. Company Name:

Address:

^^JCS.^s-Steve Dennis

Accepted By:

Print Name:

Date:


Page 125 of 290

City CouncilAGENDA ITEM:March2,2020.

AGENDA ITEMMEMORANDUM

3-4TO:

VIA:

FROM:

HONORABLE MAYORAND CIT^ COUNCIL MEMBERS

MARKA. KUTNEY, CIT^MANAGER

STEVE GOULDMAN, AICP, C1TY PLANNER

INCIL MEMBERS

^Jt^

SUBJECT: ORDINANCE NUMBER 917—RZ2019-07-FLAGSTONEPAVERS, LLC., PETITIONER, REQUESTING REZONING FROMHERNANDO COUNT^ PDP(LI), AG AND CIT¥OF BROOKSVILLEPDP-I TO CITV OF BROOKSVILLE PDP-I

DATE: MARCH 2, 2020

C1TY MANAGER RECOMMENDATION:The City Manager recommends that the City Council find the rezoning requestcompatible with the surrounding zoning and land use and cpnsistent with the City'sComprehensive Plan and that City Council approve Ordinance Number 917.

REPORT IN BRIEF:This petition is a request to rezone a collection of properties from City of Brooks\dllePDP-I (Planned Development Project-Industrial), Hernando County PDP(LI) (PlannedDevelopment Project-Light Industrial) and Hernando County AG (Agricultural) to Cityof Brooksville PDP-I (Planned Development Project-Industrial).

The property is composed of 12 parcels, contains approximately 49.8 acres and islocated north of West Fort Dade Avenue and east of Cobb Road. On May 18, 20i8,approximately 47.7 acres ofthe subject property was rezoned by City Council from Cityof Brooksville C-2 (Highway Commercial), Hernando County PDP(LI) (PlannedDevelopment Project-Light Industrial), AG (Agricultural) and A/R-2(Agricultural/Residential) to City of Brool<sville PDP-I. The petitioner has sincepurchased four additional properties and has included them in this petition. The fourproperties were annexed into the City and received an Industrial Comprehensive PlanFuture Land Use designation in 2019. It is the petitioner's intent to utilize the fouradditional properties recently purchased for access, parking and outdoor storage of rawmaterials and/or finished product. With the exception of one parcel at the southwestcorner of the site, all of the properties are designated as Industrial on the City ofBrooksville Futiire Land Use Map. The property not designated as Industrial isdesignated Commercial.

DISCUSSION:The current City of Brooks\dlle PDP-I zoned properties are approved for thedevelopment of a finished stone manufacturing facility with up to 100,000 square feet offloor space , outdoor storage of raw materials and finished product and associatedemployee parking. Three parcels located in the eastern portion of the project containsingle family dwellings and are proposed to remain until such time that the land area


OrdinanceNo. 917March 2, sosoPages

occupied by the dwellings is needed by the manufacturing facility. It is the petitioner'sintent to utilize the four additional properties recently purchased for access, parking andoutdoor storage of raw materials and/or finished product.

As previously noted, the subject parcels are located on the east side of Cobb Road andnorth of West Fort Dade Avenue. Properties immediately east and north of the subjectsite have Hernando County AG zoning designations, properties at the southeast cornerof the site are zoned R-iA (Residential) by Hernando County and property to thenorthwest on the east side of Cobb Road has a Hernando County C-2 (HighwayCommercial) designation. One property immediately southwest of the subject site iszoned C-2 in the City of Brooksville and has a Commercial Future Land Use designation.All of the properties immediately north and east of the subject site have HernandoCounty Comprehensive Plan Industrial Future Land Use designations. Properties to thewest of the site across Cobb Road are zoned Hernando County PDP(SF) (PlannedDevelopment Project-Single Family), Hernando County PDP(MF) (PlannedDevelopment Project-Multi Family) and properties designated as M (Mining), AG andC-4 (Heavy Highway Commercial). Given the industrial nature bfthe corridor and thegeneral area, as well as the fact that Cobb Road is a Hernando County-designated truckroute, staff finds the proposed PDP-I zoning designation is compatible with the generalarea's existing and future development pattern.

PUBLIC FACILITIESAND LEVEL OFSERVICE:The subject property will be served by City water and sewer services. Primary access tothe parcel is presently from Cobb Road with an emergency access drive on West FortDade Avenue. Another primary access to the project is proposed from Cobb Road southof a City-owned driveway. The City-owned driveway serves the City's Cobb RoadWastewater Treatment Facility. Based on data assumptions contained within the City'sComprehensive Plan, the analysis below depicts the impacts associated with theproposed use.

Trip Generation:As stated previously, the subject parcels will be utilized for a finished stonemanufacturing facility and outdoor storage of both raw materials and finished productproduced on-site. As proposed, the project will contain a maximum of 100,000 squarefeet of floor space. According to the ITE Trip Generation Manual (8th Edition), a100,000 square-foot manufacturing facility (LUC 140) will generate approximately 382daily vehicle trips and 77 P.M. Peak Hour trips. The developer has submitted a detailedtraffic analysis which indicates all roadways impacted will continue to operate atacceptable levels of service.

Water:According to the City of Brooksville Utilities Department, the existing 89,887 square-foot facility consumes approximately 490 gallons of water per day. The actual usagetherefore indicates that 0.0055 gallons ofwater per day are needed for every square footoffloor space. The maximum permitted 100,000 square feet offloor space could resultin the consumption of up to 545 gallons of water per day. Presently, the quantity of


OrdinanceNo. 917March 2, sosoPages

water required for the existing and proposed development of the facility is available andwould not result in the City exceeding its allowable maximum consumption of 3.672million gallons per day (current average daily use in the City is 1.129 MGD).

Sewer:The existing 89,887 square-foot facility does not, according to the City of BrooksvilleUtilities Department, generate in excess of 490 gallons of effluent per day. The actualvolume therefore indicates that 0.0055 gallons of effluent are generated per day forevery square foot of floor space. The maximum permitted 100,000 square feet of floorspace could result in the generation of up to 545 gallons of effluent per day. Presently,the addition of the quantity of sanitary sewer effluent generated by the existing facilityand the proposed expansion can be accommodated by the City's 1.9 million gallons perday sewer treatment system capacity (current average daily use in the City is .824MGD). It must be noted that system's capacity is sometimes exceeded during heavyand/or prolonged rain events. The City is and will continue to address the inflow andinfiltration issue.

Drainage:The land area of the majority of the subject parcels is located within Flood Zone X,which is defined as an area exhibiting minimal flood potential. Two areas—oneon thenorthern parcel and one within the parcel along the western boundary that issurrounded by Cobb Road and Old Cobb Road—arelocated wlthin the ApproximateZone "A" Special Flood Hazard Area, which is defined as an approximately studiedspecial flood hazard area for which no Base Flood Elevations (BFEs) have been provided(Ref. FEMA Flood Insurance Rate Maps, Hernando County, adopted 2/2/2012).Although BFEs are not provided, the community is still responsible for ensuring thatnew development within approximate Zone A areas is constructed using methods thatwill minimize flood damages. Future development will be required to meet LandDevelopment Code regulations for development in Flood Hazard Areas as well as theSWFWMD 40D-4 permitting requirements and all City Comprehensive Plan policiesrelating to stormwater retention and conveyance.

Recreation Facilities:A variety of City and County parks and recreation facilities are available to serve thesubject site. It is anticipated that no significant impact on the existing facilities willoccur.

Public School Facilities:The proposed project will not generate any students.

NATURAL RESOURCESAND FEATURES:As stated above, one property is presently developed as a finished stone manufacturingfacility. Four of the subject properties are developed with single-family uses and twoparcels are undeveloped and are in a natural, moderately wooded state. According tothe Soil Survey of Hernando County, the soils on the properties consist of Micanopy (o


OrdinanceNo. 917March 2, sosoPage4

to 5% slopes), Flemington (o to 12% slopes), Blichton Loamy Fine Sand (2 to 5 % slopes)and Kendrick (o to 5 % slopes).

FISCAL IMPACT:Costs for processing zoning requests are offset by applicable application fees.

LEGALNOTE:Section 163.3202(2)^), Florida Statutes requires municipalities to regulate the use ofland and water in accordance with land use categories included in the ComprehensiveFuture Land Use Element to ensure compatibility of adjacent uses and to provide foropen space. Zoning districts are established throughout the City to accomplish theseobjectives. The City of Brooksville Zoning Map shows zoning categories assigned toindividual parcels. If a rezoning is approved, the City of Brooksville Zoning Map isupdated to show the change in use of the parcel [City of Brooksville Land DevelopmentCode,Article II, Part 2-1, Secs. 2-1.1 and 2-1.2(a)]. The proposed ordinance changingthe zoning category for the parcels is legally sufficient as to form and has been properlyadvertised.

PLANNINGAND ZONING COMMISSION & STAFF RECOMMENDATION:At their meeting on November January 8, 2020, the Planning and Zoning Commissionunanimously concurred with the staff recommendation to find the request compatiblewith the surrounding zoning and land use and consistent with the City's ComprehensivePlan and that City Council approve Ordinance No. 917 with the conditions stated below.The Commissioners in attendance included Chairman Joseph P. Quinn, GeorgeRodriguez, Mike Dolan, Gary Sutton and John Redpath.

C1TV COUNCIL ACTION:At the February 3, 2.020 hearing, City Council found the request compatible with thesurrounding zoning and land use and consistent with the City's Comprehensive Plan andapproved the First reading of Ordinance No. 917 rezoning the subject properties fromCity of Brooksville PDP-I (Planned Development Project-Industrial), Hernando CountyPDP(LI) (Planned Development Project-Light Industrial) and Hernando County AG(Agricultural) to City of Brooksville PDP-I (Planned Development Project-Industrial)subject to the following conditions:

i. Unless otherwise specified herein, the project shall be developed in accordancewith the City of Brooksville Land Development Code as well as the rules andregulations of all applicable government entities.

2. The project shall be permitted a maximum of 100,000 square feet of floor spacefor I-i (Industrial) zoning district uses and outdoor storage of raw materials andfinished product. Existing residential structures and residential use of saidstructures shall be permitted until such time as new development occurs on theparcels identifiedby Hernando County Property Appraiser Key Numbers 1211174,ii83542 and 352745. The existing residential structures shall not be enlarged orreplaced.


Ordinance No. 917March 2, sosoPages

3. The project shall be developed in accordance with the I-i zoning districtstandards.

4. With the exception of the property's frontage along Cobb Road and adjacent tothe parcels identified by Hernando County Property Appraiser Key Numbers1114010, 352754 and 352834, a buffer area 30 feet in width containing naturalvegetation shall be provided along all project boundaries. A vegetative buffer 10feet in wldth shall be provided along the project's Cobb Road frontage andadjacent to the parcels identified by Hernando County Property Appraiser KeyNumbers 1114010, 352754 and 352834.

5. As shown on Ordinance Number 917 Exhibit "C", Master Plan, the project shallbe permitted three access drives on Cobb Road and one gated emergency onlyaccess drive to the south on West Fort Dade Avenue.

6. The petitioner/developer shall obtain all permits and meet all applicable landdevelopment regulations for construction and use ofthe property.

7. The developer will be required to construct an on-site storm water drainagecontrol system that meets the design and performance standards as specified bythe technical requirements for open and closed basins in the EnvironmentalResource Permitting Information Manual, latest edition, as published by theSouthwest Florida Water Management District.

ALTERNATFVES:As alternatives to approving the recommendation of the City Manager, City Council canapprove the request with modifled and/or additional conditions from those statedabove; or City Council can deny the request and provide findings of fact to support thedenial.

CONCURRENCES:Autumn Sullivan, FinanceVose Law Firm, City AttorneyJon Dowler, Public WorksDanny Brooks, Utilities

ATTACHMENTS:(i) Concurrences(2)Draft Ordinance No. 917 with Exhibit "A," Legal Description,Exhibit "B," Survey/Sketch, Exhibit "C, RZ 2019-07 Zoning Mapand Exhibit "D," Site Plan.(3) RZ Petition (As submitted by Pro Civil 360 as Agent forFlagstone Pavers, LLC.




DateofMeeting J3/2/2020

Agenda Subject: (i.e. Art |0rdinance 917 Flagstone PaversGallery Coordinator)


Questions/ Comments



Name [Nancy Stuparich, City Attorney


Agenda Subject: (i.e. Ai't |0rd 917- Flagstone Rezoning - 2nd readi^Gallery Coordinator)

Approval yes or no

Questions/ Commentsy^<>

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Use thisform to provide your approval or questions/comm.ents and save under theappropriate agendafolder on the H drive

Name |Jon Dowler


Agenda Subject: (i.e. Art |0rdinance 917 Flagstone PaversGallery Coordinator)


Questions/ Comments



Name jDanny Brooks


Agenda Subject: (i.e. Art jOrdinance 917 Flagstone PaversGallery Coordinator)


Questions/ Comments


ORDINANCE N0. 917

AN ORDINANCE AMENDINGTHE ZONING MAP ANDAPPROVING THE REZONING OF PROPERTÂPPROXIMATELY 49.8 ACRES IN SIZE WITH ANADDRESS OF 9070 COBB ROAD AND HERNANDOCOUNT^ PROPERT^ APPRAISER KEY NUMBERS1211174, 1183542, 352745, 352?63, 852987, 1086345,353012, 353067, 3533076, 945936, 1211165 AND1486421, GENERALLY DESCRIBED AS LOCATED INTHE NORTHEAST QUADRANT^^)ÎNTERSECTION OF COBB ROAD AIIBWDADE AVENUE IN THE C1TY OFjBROO]FLORIDA, AND MORE PARTICUI^SLY D]IN SECTION 2, FROM CIT^ OF^^^KSVI]ZONING DISTRICT CLASSIFIC^^N(PLANNED DEVELOPMENT DISTRI^T-B^^STRIAL)HERNANDO COUNTy ZONING ^^TRICTCLASSIFICATIONS PD&JLIDEVELOPMENT DISTRKAND AG (AGRICULTyAL)]BROOKSVILLE PDP-I (I^NN]gD^DISTRICT-INDUST^^);^ fRO\SEVERABILIT^; AN|^PROVI]DATE.

INDUSi^DVL)Clrf'' OF.OPMENT

fG FOREFFECTWE

NOW,THEJCITyOFBROi .ORI]

)AINED BY THE CIT^ COUNCIL OF THEFQLLOWS:

SE0FION l. FINDII^^âsed o3%stimony at the public hearings, staffs reportand rei^âendation, and the^^^mmenllation ofthe City of Brooksville Planning andZonin^C^^îssion, the City Co^^îl finds that the rezonmg ofthe real property describedin Sectio^^^^nsistent with thîty's Comprehensive Plan and Land Development Code,is appropria^^^^compatible ^¥hexisting and future land uses in this area and will notadversely int^st.

SECTION 2^@|]kOVAL OF REZONING & ZONING MAP AMENDMENT.The following describ^^property in the City of Brooksville, Florida, is hereby rezoned fromCity of Brooksville P/DP-I (Planned Development Project-Industrial), Hernando CountyPDP(LI) (Planned Development Project-Light Industrial) and Hernando County AG(Agricultural) to City ofBrooksville PDP-I (Planned Development Project-Industrial) andthe zoning map ofthe City of Brooksville shall be amended accordingly. The PDP-I zonedproperties described herein shall be subject to the following conditions:

i. Unless otherwise specified herein, the project shall be developed in accordance withthe City of Brooksville Land Development Code as well as the rules and regulationsof all applicable government entities.

1 of33/2/20 Reg Council Agenda Packet

Page 135 of 290

3.

4.

6.

The project shall be permitted a maximum of 100,000 square feet offloor space forI-i (Industrial) zoning district uses and outdoor storage of raw materials andfinished product. Existing residential structures and residential use of saidstructures shall be permitted until such tinie as new development occurs on theparcels identified by Hernando County Property Appraiser Key Numbers 1211174,1183542 and 352745. The existing residential structures shall not be enlarged orreplaced.

The project shall be developed in accordance with the I-l zpning district standards.

With the exception ofthe property's frontage alq^T'BBb I^^gind adjacent to theparcels identified by Hernando County PropertÂppraisei^JE^^îmbers 1114010,352754 and 352834, a buffer area 30 feet in w^ coâlnin^^âl veêtation

identified by Hernando County Property Appraisliand 352834.

fcmbers 1114010,352754

As shown on Ordinance Number 917 Bxffl'ipermitted three access drives on Cob^Road ^drive to the south on West Fort DadeSMenyC

Site Pla^&e project shall beled<.einergency only access

The petitioner/developer sh:development regulations fgj

Stain all^rmistmction S

and meet all applicable landbftheproperty.

techi^^ requireme^^^^pen a^^%ed basins in theEnvironmental ResourcePeîttmg Jn/ormaft'^^^nua/, ^.est edition, as published by the Southwest

la Water Managem^BDistrict.

Location:

Flagstone Pavers, LLC

1211174, 1183542, 352745, 852763, 35298?, 1086345,353012, 353067, 3533076, 945936, 1211165 and1486421. See Exhibit "A" for the complete LegalDescription and Exhibit "B" for a Survey/Sketch oftheproperty.

These parcels combined total 49.8 acres in size and arelocated at in the northeast quadrant ofthe intersectionof Cobb Road and West Fort Dade Avenue. Attachment"C"

provides a graphic view ofthe properties.

2of3


SECTION 3. SEVERABILITy. Should this Ordinance contain any provisionsthat are in conflict with any law or declared null or void by a court of competentjurisdiction, such provisions shall be severed and all remaining provisions ofthis Ordinanceshall continue in effect.

SECTION 3. EFFECTFVE DATE. This Ordinance and zoning ofthe propertiesdescribed hereto shall take effect immediately upon its adoption as provided by Florida law.

CIT¥OF BROOKSVILLEOrdmanjgjBSIo.1

Attest:Jennifer J. Battista, CMCCity Clerk

By:Joe BernardiniMayor

PASSED on First Reading: February 3, 2.020NOTICE published on: February 21, 20^jPASSED on Second and Final Reading: |

APPROVED AS TO FORM FOR THE RELIAN^THE ClTY OF BROOKSVILLE ONLY:

Vose Law FI^TLLPcityAtt0^

»TEOF COUNCIL:

SattistaErhardKemererVice Mayor BraytonMayor Bernardini

3of3


EXHIBIT"A"LEGAL DESCRIPTION

DESCRIPTION:

A parcel of land lying within Section 20, Township 82 South, Range 19 East, Hernaado County,Florida, belng more particularly descrlbed as follows:

For a POD1T OF REFERENCE commence at the Northwest coraer of the ffest 1/2 ol the Southeast1/4 of the Northeaat 1/4 of said Sectlon 20; thence 3.89''46'01"E., a dlatance of 377.88 feet to fcheNorthwest corner ol "Parcel No. 2" es recorded In Offlcial Records Book 3684, Pg. 188 of the PubUcRecords o! Hemando County, FIorida for a POMT OF BEGINNMG; thence continue S.89°48'01"E. alongthe North boundary thereof, a dlatance of 6.43 feet to tbe Southeast corner of the East 942.00feet of the South 497.00 feet of the Northeast 1/4 of the Northeast 1/4 ol sald Section 20; tbenceN.OO°0641"W. along the West boundary thereof, a distaace o( 262.89 feet to the Southeast comer of"Parcel 2" as described in Offlclal Eecords Book 3810, Page 1035 of the Pubiic Records of HemandoCounty, Florlda; thence N.89'46'01"W. along the South boundary thereof, & digtance of 295.13 feet toa point on the existing East right-of-way Une o( Cobb Eoad (County Road No- 485); tbenceN.00°44'10"ff. along said East right-of-way line, a distance of 231.18 feet to a polnt on the Northboundary of "Parcel 1" as described in Official Becordg Boolc 3610, Page 103& of the Public Eecordsof Hernando County, Florida; thence S.89°46'01"E. along the North boundary thereof and the Northboundary of "Parcel

3" and the aforementloaed "Parcel 2" as described in the same referencedInstrument, a dlstance of 297.65 feet to the Northeast corn.er of sald "Parcel 2"; thenceN.OO°08'41"W. along the Weat boundary at the East 942.00 teet ot the North 405.00 feet ol theSouth 902.00 feet of the Northeast 1/4 of the Northeast 1/4 of said SecUon 30, a dlstance of358.30 feet to the South houudary of the North SO.OO feet of the South 902.00 feet of theNortheast 1/4 of the Norlheast 1/4 oS said Section 20; thence S.89'46'01"E. along said Southbouadary, a dlstance of 042.02 feet to the East boundary of the Northeast 1/4 of said Section 20;thence S.OO'06'57"E. along sald East baundary, a dlstance of 2.064.43 feet to the Northright-of-way o£ Fort Dade Avenue; thence S.69°34'34"W. along said right-of-way, a distance af333.67 feet; thence continue along said right-of-way N.8S''21'68"W., a distance of 327.88 feet to theSoutheast corner of "Parcel

6" as described In OMlclal Reoords Book 3010, Page 959 of the PublicRecords of Hernando County, FIorida; theuce S.88*5L'03"W. along tbe Soutb boundary tliereof, gdistance of 333.16 feet lo the Southwest comer thereof; thencs N.00'44'03"ff. along the Westboundary thereof, a distance of 415.49 feet to a point on the South houndary of

"Parcel2" as

described in that same instrument; t-hence N.81''42'45"W. along said South boundary, a dlstance of232.48 feet to the South-west corner o( sald "Parcel 2" as descrlbed in that same inatrument;thence N.OO°45'05"W. along the West boundary thereof, a dlstance of 180.82 feet to the Easterlyright-of-way Une of OId Cobb Road; ttience along sald Easterly right.-of-way Ilne of Old Cobb Eoadthe followlng faur (4) courses: (1) N.46°42'51"E., a distance of 175.14 feet to a point of curvature;(2) Northerly 343.39 feet along the arc of a curve to the left, said curve havlng a radius of229.23 feet, a central angle of 85°48'49", and a chord bearing and distance of N.031>47'S6"E., 312.17feet: (3) N.41'11'07'>W., a distance of 14.5S feet to a point of curvature; (4) Northwesterly 66.48 feetalong the arc of a curve to the left, said curve having a radius of 3,454.70 feet, a central angleof OI'06'IO", and a chord bearing and distance of N.41°44'11"W., 66.49 feet to the Northwest cornerof that pBrcel described in Official Eecords Book 3684, Page 192 of the PubUc Records of HernandoCounty, Florida; thence S.89°51'18"E. along the Nortll boundary thereof, a distance of 106.67 feet tothe Southwest corner of the aforementioned "Parcel 2" as dascribed in Official Records Book 3684,Page 188; thence N,00°1B'07"E. along the West boundary thereof, a distance of 100.DO feet to thePOINT OF BEGINNING.Cantaining 49.778 acres, more ar less.

AND

That portlon of the West 1/2 of the Southeast 1/4 of the Northeast 1/4 of Sectlon 20, Township 23South, Eange 19 East, Hernando County, Florida, lying East of Cobb Road (County Koad 485) andWest ol Old Cobb Eoad, contalnmg approximately 1 acre, more or less.

DESCRIPTION AND SKETCHNOT A BOUNDARY SURVEY

SHEET1OF 2Se SHST 2 FOR SKETCH OF DESCRIPTION

Comer McntiiTBnU ttere not eat tn conjurKstlan »Kh:rapar<itlcn ol Ws Blcstch.ipfwsmants, \f dny. haw not be<r. locatfld tn con

thg prtparattan of thla ekatc^.ThEa akatch la for grophrc Tllustra'.Ion only. and doaarepresent <3 fleld st)n/ay,Dascr'pttons created per Wa gk^tch,

FLAGSTONE PAVERSOVERALL COMPOSITE

PREPAfim FW

FLAGSTONE PAVERSJGB N0: 2017-437A01.BG00005 | DRAWN BY; LDJ

[n^lpUon shown dereon cralda« on<j bll»f, «r.d ««•

of Prasttcfl" as aet forthlaptor 5^)7, norldo-&Z7, nonrfo Sltilutcg.

Satc 12/19/2019

F«r O.C.ffot roK/ wiffiotft

S^Scsnn Numbir 3653i<i.'/»Et<rf

EM,' of a fhrs'i^ UcwswS Swwyy

Q^HNSONVAS30CIATESSURVEmia AND MAFVWCIFlcrida Llcsnsed Buatnen Na. LB 4514

11911 S. Curfay St. Sm Antonto, n. 33876(352) SaB-2788 nmyBdcJohnKW.rom

www.dc^hnson.cofn


POINT OF BEGINNINGNORTHWST CORNER

OF PARCEL No. 2O.R. 3684, P6. 138

EXHIBIT "B' SURVEY/SKETCHS ag-46'01" E 942.02'

-SOU7H 80UNOARY OF THE NORTH 50.00' OF THE SOUTH 302.00'OF WE N.E. 1/4 OF THE N£ 1/«OF SEC. 20-22-t9

•WEST 80UNDARY OF THE EAST 942.00' OF THE NORIH WS.OO' GF THESOUIH 902.00' OF THE N.E. 1/4 OF TtiE N.E. 1/4 OF SEC. 20-22-13

-N.E, CORNER OFPARCEL 2 O.R. 3610 PG. 1025•NORTH 80UNDARY OFPARCELS 1, 3 & 2 O.R. 3610 PG. 1025

-SOUTH BOUNDARY OFPARCEL 2 O.R. 3610 PG. 1025-S.E. COSNER OFPARCEL 2 O.R. 3610 PG. 1025•WEST BOUNDARY OF THE EAST 9+2.00' OF THE SOIJ7H 437.00'OF THE N.E. 1/4 OF THE N.E. 1/4 OF SEC. 20-22-19

NaRTH BOUNDARY OF PAfiCEL No. 2 O.R. 3684, PG. 138

ij 0>

I!ii^II§5

^

WEST BOUNDARY OFPARCEL 2 O.R. 3684 PG, 188

SOUTHttEST CORNER OFPARCEL 2 O.R, 3684 PG. 183

v'PORT10N OF THE WEST 1/2 OF THE S.E.1/<t OF THE N.E. 1/4 OF SEC. 20-22-19LYING EAST OF COBB ROAD (C.R. 485) &WEST OF OLD COBB ROAD T'

1 (^4ff.7ff Acres^-OLD COBB ROAD

SOUTH BOUNDARYOF PARCEL 6O.R. 3010 PG- 959 \r SOUWEAST CORNER OF

PA'iCEL 6 O.R. 3010 PG. 959 NOR7H RIGHT-OF-WAY L'NEFORT DAOE AVENUE

.~\V/ N 89'21'58" W

327.88"

FORT DADE AVENUE

S 89'34'34" V/333.67'

Cower Monumenta wisre not aet In con^ncUon wlth tli»preparolton of thlg skotch.tfflpro^emenla, )f any, hgw nol been locatocf Fn cort^JncUortha preporotton of thla skakh.Thfs ahgtcti fa for grophta niuat'CUon W\y, Gnd does notrep'flgsnt a fteld siirvay.Dds<y1ptlong <;rg<)terf psr thtg akatch.

FLAGSTO^rPAVERSOVERALL COMPOSITE

PREPAftS) FOfi

FLAGSTONE PAVERSJOB N0: 2017-437A01.BG00005 I ORA'AN 6Y: LDJ

SKETCH ONLYNOT A BOUNDARY SURVEY

SHEET 2 OF 2SEE SHEET 1 FOR DESCRIPTION

QQHNSONVASSOdATESSURVEWNG AND MAPPWOnotfita Ucm««dBualnua No. LB 4514

11911 S. Curicy St. San Antonlo, n. 33576|(3S2) S8S-276S sumyOtlcjchnaon.ccm

www.iEtc}ohnaon>ffom

LINE TABLE

LINE BEARING DISTANCE11 s eg'46'or E 6.43'

L2 N 00'45'QS" W 180.82'

L3 M 4fl-42'5;" E 175.14'

L4 N 4nro7" w 14.5B'

L5 S 89'51'I8' E 186.57'

L6 N oais'ar i lao.oo'

CURVE TABLE

CURVE ARC RADIUS DELTA CHORO BEARING DISTANCEC1 3+3.33' 229.23- aS'49'43' N 03'47'55" E 312.17'

cz 66.4a' 3454.73' 1'06'10" ,1 41-44'n" W 66.49'


EXHIBIT (tC" TO ORD. N0. 917FLAGSTONE PAVERS, LLC

RZ 2019-07

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2019-07

LEGEND

^^ Flagstone 2020 RZ

BROOKSVILLEZONING

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<^ PDP(GC)

C^) PDP(MF-MH)

^^ PDP(MU)

PDP(R)

C)R1AC^)RIBC)R1COR2@BftR3

L^^ Aveniie

Feet500 1,000

*Base map information providedby the Hemando County Properiy

Appraiser's oHice.Map created by the Brooksville

Community Development Department.Disclaimer: This map is intended forplanning purposes only, and shouldnot be used to determine the precise

location ofany feature shown thereon.f:\Esri\ArcMap Projecls\City Zoning O2192016.mxd


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A!ppf5catiQn fer Pisbllc Hsaring

Date:'i 1/19/2019

Type all information. Ifyou need any assistance, call the Communlty Development Department at (352) 540-3810.

APPIICANT: Flagstone Pavsrs, LLCMaiiingAddress: 5 Concourse Parkway, Ste 1900, Atlanta, GA 30305DaytlmeTelephone: 352-799-7933 FAXNo; e-MaiiAddress: [email protected]: proCivit360, LLCMaiiingAddress: 12 South Maln Street. Brooksvitle. FL 34601Daytlme Telephone: 352-593~4255FAX No: E-MaiiAddress: [email protected]: Alan GarmanDaytime Telephone: 352.593-4255FAX No: E-Maii Address: [email protected] Expert Witness be utilized during the public hearings?

Legal Descrlption: Type below the complete legal descrlptlon of the property, Including street address, ifan'i and the names of all owners. Include Section,Townshlp and Range; and Ifapplicable, Subdivislon Name, Lot, Block, and Unit Number. Attach addltional shiet If necessary.

Please see attached deedsSlze ofArea Couered byAppltcation: 49.8

HlghwayandStreetBoundaries: Cobb Road

Currentzoningciassification: Hernando County AG, Hemando County Idustrial, City of Brooksville PDP-tRezoning Requested:

City of Brooksvilie PDP-1'roposed Use of Property:

Has a public hearlng been hetd on this property wlthln the past tweh/e months? YGS

ACKNOWLEDSiVlENT

rhls acknowledgment must be signed in the presence of a Notary Public.

Alan K. Garman ^ hereby state and affirm that all information submitted withln thls petitlon Is In all respectstrue and correct to the best ofmy knowledge and beliefand thst:

B 1 am the owner of the property covered under thls appllcatlon.

1 am the legal representative of the owner or lessee of the property de^rlbed, which is theyibjert matterof this spplication.

Signature ofApplicant 8r Representstive

iTATE OF FLORIDA:OUNTY OF HERNAMDO

rhe foregolng fnstrument was acknowledged before me thls'*'hSjs.£e£s2'lalll^n°yffl-l^tglaor whojias produced

dayof. ^O/^bv ^ ^i^^ss Identiflcatlon.

<c£

SlgnatureofNotaryPublic

^Si'"'^. NolaryPublicStat3o?FtoridaiS '£. Crank nir'am

F:\FOR&G CITY WEBSITE\BUtLDMG DIVIS!0 ,20I9\Rezoimig Pelition & Check/ist (Rev. May 2019).docs


FLAGSTONE PAVERS, LLC

This submission ofthis application is to Rezone additional parcels to the existing project. Flagstone is amanufacturing facility which provides pavers and other associated uses for the market. There has been

previous permitting by other Consultants on this property in the past. The City has record ofsuch

permitting. Ftagstone has purchased an additional property to the west, with access to Old Cobb Road.We would like to rezone the project entireiy to City of Brooksville Industrial like atl the rest of the

project. This excludes the AG Houses to the east ofthe project area thatthe same entity owns.

Directions: From the District drive, north on US Hwy 41 to SR 50, turn left. Proceed north on SR 50crossing through the light at Jefferson St. Proceed north on Cobb Road, through the four-way stop atFortDadeAvenue,thento01d Cobb Road. The project isontheeastside ofOld Cobb.

Site:The project area is approximately 49.80 acres. The totat land area now owned by this Owner is Proj'ectArea is 49.80 acres. The western, recently acquired property is 1.17 acres. The existing retention areawill capture and treat the existing watershed as determined by the Peck Sink Floodplain Study. Thecharacteristics ofthe watershed will be attered however to meet the proposed devetopment. The newsite addition will be utilized for parking, storage, and to access to Ofd Cobb Road.

Soils:From mapping availabte on line at the NRSC site, the soils are found to be Flemington and Micanopysoils within the project area. These are soils are designated 21 and 34, on the included mapping.

The permeability rate was determined to be the minimum allowed estimated by the NRSC vatues. Thiswoutd be 10 feet per day in the verticat direction.

Wettands:Defined wettands/surface waters exist on the site, however there are no plans ofaltering the existingWetlandJurisdictional Line.

Topography:GIS mapping has been utilized as a planning tool for this set of construction plans. The GIS topographygivesone ageneralsense oftheflowofthe land. Italso identifiesthepossibilityofoff-siterunoffasitmay affect this project. A specific on-site topographical survey is in the process of being performedbefore finalizing the construction documents.

UTIUTIES; The site will be served by the fotlowing:Elec: Duke EnergyWater: City of BrooksvdleSewer: City of BrooksvillePhone/Cable: At the desire of the Owner.


11.

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Thb map was preparcd by tbis office to beused as an aid tn land parcel locatlon antl

kfentificatlon only. All land locations.rfOht-ofrway widlhG, acTeafltFs, and utllitylocallons arc sublectto fldd survey ar

otber appropriate verificatlon. Maprcflects pnrcets and boundries ae (hey

axiGtedon 11/19/2019.

NottoScale lêgend

EH3 Subject Parcels^3l50ftBuffer

3151-SOOftBufferEZ3Paraslswithin 150ft


i tai'ni^nTi rn_iy

v/ .^k^ L-^fr{. i_°°_ Sls^W l

ill' 11111

CIVIL ENGINEERINGlRESIOENTIAL SCaiiIMERCIAL SITE DEVELOPMENT /PLANNINQ (. ZONING /PERMITriNO /

CONSTRUCTION SERV1C6Srti^wtfatfisTsesr.i"WS^^Sii!~

FLAGSTONE PAVERSPLANT EXPANSION

CITY OF BROOKSVILLE FLORIDA

MASTER PLAN I- -__ Ci^^-'-


12/30/2019 Detail by Entity Name

i))'/.ll,'-"> O? l;!:"<";.'fl.\Il,.1>i4

''^ !/".''';?') i/J

^4^^)r9 r^i^{j^:nfji r..,) ... ;, . ; : !, , ', ,.,,

Departmenlorsiats / Division of Coroorations / Search Records / Delail By Oocument Number /

Detail by Entity NameForeign Limited Liability Company

FLAGSTONE PAVERS, LLC

Filinci Informalion

Document Number

FEI/EIN Number

Date Filed

State

StatusLast EventCHG

Event Date Fited

Event Effective Date

Principal Address

M13000003967

37-1731654

06/20/2013

GA

ACTIVE

LC STMNT OF RA/RO

08/28/2017

NONE

5 Concourse Pkwy, Ste 1900

ATLANTA.GA 30328-6111

Changed: 04/21/2017

Mailing Addr<



Changed: 04/21/2017

Reglstered Auent Name & Address

CORPORATE CREATIONS NETWORK INC.

11380 PROSPERITY FARMS ROAD

3221 E

PALM BEACH GARDENS, FL 33410

NameChanged: 08/28/2017

Address Changed: 08/28/2017

Authorized Person(s) Detail

Name & Address

Title CEO

Winchester, James E, Jr.

SQqrr,h.,s]jnhJ7..org/l.n.f)ijiry/Gorpp.r9.>.i.QnSe.arch/Se.archRe,sultDetail?inquip/type=EntityName&directionTyj)e=ln.itial&searchNarneOrdsr^-FLAGSTONEPA.. 1/3


12/30/2019



Title Treasurer

Winchester, John O



Title Secretary

Winchester, Dennis C



Title COO, President

Magill, William R5 Concourse Pkwy, Ste 1900


Title CFO, Asst. Secretary

Jones, David T



Title Asst. Secretary

Winchester, James E, III



Detail by Entity Name

Annua? Reports

Report Year

2017

2018

2019

Fited Date04/21/2017

03/02/2018

04/16/2019

Documsnt (maaes

04/16/2019-ANNUALREPORT Vie'// image in PDF format

03/02/2018-ANNUALREPORT Vjew imaga in PDF formal

08/28/2017-CORLCRACHG

04/21/2017-ANNUALREPORT

View image in PDF format

View image in PDF forma;

04/26/2016 - ANNUAL REPORT View image in PDF formal

04,'24/2015 - ANNUAL REPORT View image in PDF fonnat

24/21/2014 -ANNUAL REPORT View Image in PDF format

06/20/2013- View image in PDF formal

s9arch.sunbiz.org/lnquJry/CorpQrationSearch/S°archResultDe!a!!?inquirytyp9^-EntityNam5>&d!rsctionTy5ie:::!nitial&searchNameOrder=FLAGSTONEPA... 2/3


AFFIBAV1TTOAUTHORIZEAGENT

IAve> WIfcCtA^ K. ^k•L^

described roal property het^y appoint^, the owner(s) in fte simple of the below

ProCMRCO.U.C_as my (ow)agent to file any and att p^dtioas, sign required documents, makc tiepresentations as to the issuesof fact and to appear, as may be necesisary, before the appropriate City of BrooksvUle aulhorily.The authorized ageut shall also have the authority to couimit myself as the Owin©[(s)bo thenecessary future perfbmianoe conditious as may be direeted by the appropriate Cily authorily asa condittou ot gnuatoin^ my ifaetttion.

Tto Parcel ft Pteas®s®@aritedtodlfet

Âf.Z- Z&aa Owner;.

Ow»sr._

Signature

I«*.UAAA ^, JUlJK>*t.uPrint

Signature

Print

SWteef &eofc<y^Ce»Htvef fî- TO <^

TtKs fwegoing ms<tnii eai(t wasaidkiaowlled^d beforc me20?j0_ by

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not take an oalfa.

, who isas idoatificaltion and wfe did

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PROCIVIL<

12 S. MAIN STREET. BROOKSVtUJE. R. 34601352-593-4255

www.Drocivil360.com

AFFIDAVH' TO AUTHORIZB AGBNT(COMTOTUED)

Kw NNmbw PandmNanbw

1183542l211I«512(1174


DESCRIPTION:

A parcel of land lylng mthin Section 20, Toimshlp 23 South, Range 18 East, Hernando County,Florida, belng more particularly described as follows:

For a POINT OF KEFERENCE commence at the Northwest corner o{ the Vest 1/2 oS the Southeast1/4 of the Northeast 1/4 of said Section 20; thence S,8g°46'01"E., a d.isiance of 377.88 feot tq eNortbwest corner ol "Parcel No. 2" as recorded in Official Records Book 3684, Pg. 188 ol the PublicRecords of Hernando County, Florida tor a POINT OF BEGINNING; thence coatuue S.89'46'01"E. alongthe North boundary thereof, a distance of 6.43 feet to the Southeast caraer of tbe East 942,00feet of the South 497.00 feet of the Northeast 1/4 of the Northeast 1/4 of said Section 20; thenceN.OO°06'41"W. along the West bouudary thereof, & dlstaace of 262.89 (eet to the Southeast coraer of"Parcel 2" as described in Official Records Book 3610, Page 1035 of the Public Records o{ HernandoCounty, Florida; thence N.89'48'ony. along the South boundary tbereof, a distance of 895.13 feet toa point on the existhig East rigbt-of-way Une of Cotib Road (Cuuuty Ruad No. 485); thenceN.OO'44'IO'W. along said East right-of-way line, a distance of 331.18 feet to a point on the Northboundaiy of "Parcel 1" as described in Official Records Book 3610, Page 1035 o( the Public Recordsof Hemando Caunty, Florida; thence S.89°46'01"E. along the North bouadary thereof and the Northboundary o( "Parcel 3" and the aforementioned "Parcel 2" as desoribed in tbe same refersncadInstrumeat, a distance of 297.65 feet to the Northeast corner o( said

"Parcel 2": thenceN.OO'06'41'X along the Wesl boundary of the East 942.00 feet of the North 405.00 feet of theSoutb 902.00 feet of the Northeast 1/4 of the Northeast 1/4 of said Section 20, a distance of358.30 feet to tbe South boundary of the North 50.00 feet ot the South 902.00 feet of theNortheast 1/4 of the Northeast 1/4 of sedd Section 20; thence 3.89'46'01'E. along said Southbouadary. a distance of 942.02 feet to the East boundary of the Northeast 1/4 ot said Section 20;thence S.OO°06'57"E. along said East. boundary, a distance of 2,064.43 feeS to the Northright-of-way of Fort Dade Avenue; thence S.89'34'34"ff. along said right-of-way, a distance o(333.67 feet; thence continue along said right-of-way N.89'21'58"W., a dislance of 327.88 feet to theSoutheast corner of "Parcel 6" as described. ta Qfdcial Reoords Book 3013, Page 959 of the PublicRecords of Hernando County, Florida; thence S.B8*51'03"1T. along tbe Soutti boundary thereof, adistance of 333.15 feet to the Southwest corner thereof; then.ce N.OO'44'C3Tr. along the Westbouhdary thereof, a distaace of 415.49 feet to a point on the South boundary of "Pareel 2" asdescribed in that same Instrument; thence N.81'42 45"iy. along sald South toiuidary, a distance of232.48 feet to the Southwest corner o( said "Parcel 2" as descrlbed in t'aat same instrument;then.ee N.00*45'05"ff. along the West boundary thereof, a dlstance of 180.iS feet to the Easterlyright-of-way Ime of Old Cobb Eoad; thence along sald Easteriy right-of-way line of Old Cobb Eoadthe follomng four (4) courses: (l) N.48'42'61"E., a dlstance of 175.1.4 feet to a point of curvature;(2) Northerly 343.39 feet along the arc ot a curve to the left, said currt having a radius of229.33 feet, a central angle of 85°49'49", and a cbord bearing and distawe of N.03'47'S6"E., 318.17feet; (3) N.41'11'07"IV., a distance of 14.59 feet to a point of curvature; (4) Nortliwesterly 66.49 feetalong the arc of a curve to the left, said curre having a radius of 3,45'?.70 feet, a central angleof Ol'OS'lO", and a chord bearing and distance o( N.41'44'll"ff., 66.49 (eel lo the Northwest cornerof that parcel described in Official Records Book 3684, Page 192 of the ?ublic Eecords of HernandoCounty, norida; thence S.89°6l'18"E. along the North boundary thereof, a dlstance of 166.57 feet tothe Southwest corner ot the aforementioned

"Parcel2" as described in C(ficial Records Book 3884,

Page 188; thence N.OO'18'07"E. along the West boundary thereof, a distance of 100.00 feet to thePOINT OF BEGINWNG.Contatning 49.778 acres, raore or less.

AND

That portion of the ffest 1/2 o( the Southeast 1/4 of the Northeast 1/4 ol Section 20, To'.mshlp 22South, Range 19 East, Hernando Couaty, Florida, lylng East of Cobb Road (County Road 485) andffest ot Old Cobb Road, containing approxlmately 1 acre, more or less.

DESCRIPTION AND SKETCHNOT A BOUNDARY SURVEY

SHEET 1 OF 2SEE SHEET 2 FOR SKETCH OF DESCRIPTION

visr9 not sat tn ccnJuncUcn w tha

kcalfld tn ccnjuncUon wfth

ofily, cnd tfoes not

Cwnsr McnuiFrapCMt'cn o/ lhr» tkitch.Improvflfntnla. I/ cny. hava nol b<;lh« praporofon of Ws aicatch.Thfs tkelch fs fcr sraph'c UluatraVcnwwst. -i i!sH.y'ff!f..Oorfptfcfls creatcd pef thls tkatch.

FLAGSTOME PAVERSOVERALL COMPOS1TE

PREPAFS) FCA

FLAQSTO^E PAVERSw'QB JiO; 2017-437A01.QGOCG05 _[ ORAWJ 8Y: LOJ

"/-fi^ itcr'pllon ahoM) herscn uafedgs ond beltaf, cnd vwil'..»'?"';.""'-«'-".'.'«!h

laplar 5J-17, Flcridg.027. norido Stoluta?.

Fcr U.C.Aftf/ v&f m'Kwt

cailt Number .'533

r "rft/sia! 6f a Hc^y Lcwse<! Ar.s/o-

'ASSOOATESSURVSYING ANO MVSfW<3F]ori<la Ucensed BusTness No. 18 4514

119)1 S. Curt<y St. San Anlcnlo, FI. 33578(352) 588-2768 survs>©dc}=hn3<?n.ccm

wyy^dcjchnscn.ccm


POINT OF REFERENCEN.W. CORNER OF THE WEST 1/2 OFTHE S.E. 1/4 OF THE N.E. 1/4 OFSEC710N 20-22-13

F-W<.Y UNECOBB ROAD / C.R. 485COBB ROAD / C.R

N OD'44'10" W231.18't

415.49'N DO-44'03" W

&^!?'>° >rtl 2:-aafilîc;_î

]f'1'sl1, i-s 1»S "!p^^'

l^!s§<ÎI^ o

EAST BOUNDARY OF -mE.N.E. 1/4 OF SEC. 20-22--


liistr «2QmnSiW33KI 3<?84 PG: 3S>3, PSjcrt & SctOi-ded; 3/37/2019 8;42 AM TL?^ ^Deputy Ci,k, #Pgs:4©ougOuin-aat, ^r.,Cterk of 'e CM-cuit Coiaa-t Hcimaacto CO FL Bfc tfPecs: S3S.S& D.cett IPoc Storop: S0.70

a'a-epiired By/Rfilua-H y*;Bfjindoa C. Do<)d, Esq.Smlth. Gaaibrell & Kussell, LLP50 North Laura Strtei, SiUte 2<00Jlacteonville,yiofaa 32202

{Space Rcscived for Offieial Use]

OWTCLÎMÎREB

TfflS Q1U3T CLA1M DE£!& is made as offl?^^ , 2019, by JMKy gtRSCKiLEN,SR. and JRE1RMY STO3CKLEN, II. whose addi'ess is 9160 Old Cobb Road, Bro6k$ville, Pjorida 3460!(coUcctively, the <<Gra»toil"ito aiid in favor of A<GSTONaS !PAViE]RS,LLC, a Oeorgia limSted liabilitycoiujpaay, wh&ss addrcss 13 5 Concourse Parkway, Suite 1900, Atlaata, Georgia 30328, Attn: Leâ!Departmeat (thc

"<3^ntee").

WllTNSiSS^TJtJi

WIITNEESSIiETH, TKAT Grantor, for aftd m consuieration ofthe sum ofT&a Dollars ($(0.00) aadothcr valyable eonsidcmtioji, to it 'm haiid jpaid by Gi»a'»tee,the yeoeipt aad adequacy of whic}} js liercbyacknowledged, faas recaitsed, released, and quSt-claimed, aad bythesepresente doesretnise, reloasc aad qiut-claim unto the Grantee, its successors and assigas forever, atl right, tifle, iaterost, ifany, in and to thatpiu-celor paircells of Ian<3> Sttiaate^ lyiflg and being in the C-oimiy ofHea-naado, State ofFloricia; as moire particu]ariydescribed on lExVte Â" attached.hcrcto (iU "£tfi£erty").

TO KAViE AN®TO H.OL!E> the same toge'Aer with ali and singular &e appiirtenances thereuntobelonging or in attiwise appertaansng, aad all the estate, right, title, interesf, lieii, equity and c!a!to\vhatscwver oftbe Orantor, either in taw o>- equity, to tlie Oitily proper use, bcnefit and behalfof ihe Oranteetbrever.

^[©TEJ?<DGJEKKi^fhis eonveyancc is made whhout das paysnefit ofcosisideration and Is bsing givcato ensurc a!} o'fG.fantor*s i-ight, title and interest in the refer^nced property is trensten-ed to acd fulty veste4ia GranSee. AccOirdiagly, minimiiifn documentary stBmp taxes in the anioitQt ofSO.70 have bsen paid upONthis Qlitt C!ai»DeeA

SGR/20775130.1


^Kl 3684 PG: 3»3

3N W2TNESS WMEMBOJF, the Grantor faas signcd and sealed Aese pre$ents as ofthe day andyew tu'st writteti above.

Witaesscs:

/i^lA^tiA.^ /, ^lO'^&ûei}î^L^.

GRANTOR:

1 / - > ' /-.^^'îÂ^Y^^-J^pWST^^KI^N,!

X^ J^STATE OF Pfe@M8A) _\^?COVNTY O? 'aBÂNeeT'

,..J€^P.S?V-~

The forcgoiiig tostrument was aclaiowledged before nie this <^/?^ day qf/H^-___, 2019, byMRSY SYKICKI-KW^ S.R., wlao is pcrsonaHy Nown to me or havepj'oduccd.J>$^^^y3g__ asidentification and who did/dtd not take ari oath,

^s^.^.M^LL co-w-

t^.£,Fn^< P.r L ..i3?^^.My Coiiunissi&ii Expires: j (•T.-a Oc9-1 ^

(NOTARYSEAL)

<^ss;!®:ta^ft^rffh--JrJ^'^^^'J£Nitlt?=EftL.DeEMNoten/Pyblic.Sîl

Johnson Couhty. State of IndianaCpflilmisstori Nurnb$r NP07iegS9

My Osinirrisglo?) esplri^ Mgv, Q7,'g0?,e I'wfyyy^gf^Kvys^


'BKl 3584 PG: 3N

Witoesses; GRANTOR;

s>'sfcfc

J

-X^...Jl./>STATE OP H:^©A)"COUNTY OP RN.^®©)'-J

?r~-

The foregonig instrumcnt was ac3cnowtedgec3 before mc this Qi^ day of^WC-^, 2019, byJIEKKY STM3CKLEN, M< who is personalty known to m& or havc pj'oduccd Qn^^M^Ji^, asideiGtjficfitiMi aad who did/dtd not tgke ati oath,

Knt^w£S\n\^.r i^ C^PnvMy Coaumssi&A Bxyires: Jji^f^^ê

(NOTA11YSEAL)

.y~«î.-fiiiâ!»rfaiuau:a»dft.rfsa»<fiutaa^^^JSMMIFERLDgeMMotetyPiiaic-gsal

Johnson Counfy-Siaie o? IpdianaOomfnteslon NienMr NPOriSSgS

My Ooinmtesion Eaplres Nov. 07.39S6ISS-*:sswa:9^Sf»^F^Kwwei^!^F^y


BK: 3<%4 re: i9S

<iA"


Jitistr ff29iSW7378 ®K;3610 PsG: 1023, FJic<3 ^ JRecoi-dcd: ^/2®1S31:44 AM TT Sepuiy CJb,#JPgs:.l8N>a iBaribte .?r»Ci)e?ko<f thc Cifw!t Cowt

'EemM4»C'D FL Tftw ^c.es: S33.58 »w3Bot Stamy. 81,190.08

3arepar<?d .By and sRrturn So:BraiKlon C. Kodd, Esq.Smitli, Cainbrel! & Russell, LLP50 North Laura Street, Sultc 2600J(i^sonvilto,F)oridn 32202

TaxPurcylNiw,;R20.422-1 &.0000-0310.0000;R20^22-l<>-0000-04t0-0000; aadR20-422.19-0000-0420-0000.

[Space Reserved for Official Use}

SPECML WARIRANTYBJEF.®

TfflS SPECIAL WAR33ANTY »JEED is mftdo as of Aiigiist ^_, 2018, by JLWUSTWA^®LECTB.ICA!LSSSVICES, SNC., a Florida corpOratioa (the "flrantor"}. whosc address is 5439Patricia Pteco, Weeki Wachee, Ptorida 34607, in favor o-f riLAOS'jfONS PAVEKS, IAC, & GeorgiaIhnited liabHity coinpany (the "^gStfiS")? wAose address ts 5 Concourse ParttWi-iy, Suile 1900, Atlanta,Geofgin 30328, Attn; Legai DeparftTrtent.

WITNJESSfirHi

THAT (5JRANTOK, for and in cossideration of (he suni ofTeii and No/100 U.S. Dollars($10.00) aud othet g<to({ and vattiable eoosJdcraiioR, to it in hdnd paid by Grantw, the receipt aa(isufficiency ofwhich o hereby aoktiowledgied, has graAtcd, bargained, iiold and conveyed u»toGrantee, itsheirs, successors, and assigfis, that ceitein tract or parcel of land sftuatc, lyiiig and bsjng m the Couhty ofHemaacto, State of FIoricia, as mhre particiitarfy described on ,ExMM3; "^" attached hereto (ths"^sss^'y,

TOGCTHEMsuiyvvise apprlaining,

WITM all tenements, hercditaments, and appuricnaaces tfwreto betongisig or in

TO HAYI; AN!G> TO BOL!l3i ths saiiie imto Gratitee in tee siiaple forsvor.

Al^P Gmutor hereby covenants wit1i the Grantee that tlis Grantor ha$ good cight and lawfulauthorily to selt aii<) convey said Propyrty; that tlie OrantQr hereby fiilly w.-uTat»tsthe th1e to said Properiywd will defond the sani$ agauist the Jawful claims of atS persom ctaimuig by, thj-oiigii or tmder tfieGrantor, biit against uone otiiar; an<) thaf said tand js fi-ee of all enciimbrances made by, throiigh or underGi'antos' cxcept for thoss inatters Aet {brlh on EsMMf®"hei-eto, biit this mstn«nentsliall not operate toreimpose riie saine,

[SIONATURE PAOE FOLI.OWS]


BK: 3619 ?G: 3fl2<5

!N WITNESS WiWKEOf, Grantor has caused thess presents to be execiited as ofthe day andyear t'irst ftbove writtcn.

Wftnesses:

Pruit Nanio;^^cAJ£^Qrhl<P^

GRANTOR;

WJDiUSTMIALSLECTRICAL SKBVICSS,INC., a FIorktacorjWati,^

%s=;^->">.

Print Name: Jiinniy R. Bratittey ,,..--/^'its: Presklem

STATEOP.FI.ORIDACOUNTY 0V HERNANDO

The tbfegoing insmmwnt was aykiiowledged befpi-c mc this ^^^. <lay of Aufiust, 2018, byJimmy K. Brantley, as the Prcsidont of WDVSTRiAiL ELECTJRJCAL SEJRV3CES, INC., a Floridacorpuration, on ^bch&lf of ths corptirarioii, who is personally knuwn to me or have prodiieed^y^'S i\C<?^\'^'s identiilcati&n and who djd/did not teke an oallt.

»®co S.S^tioT^py^..i^rsws'Ses~l2/^^021

PrintName:My Co.maiission ^^%s:

(MOYARYSEAL)


BK: 36W¥G: 3^27

PARCEL1;

FROM A CONCRSTE MARK6R AT THg SQUTHWEST CORNER OF TH£KORTHEAST V4 OF TH£NO.^THEAST 1/4 OF $£CnOM£0,TOWNSmP 22 SOUTH, RANG619 EAST, HERWANDO COUNn'.FLORIDA, RUN THENC^ EASTA D];STAiMCE OF 37S PBET TO AN IR9N RPE, TMENCE RUN NORTH ADJSTAMCE OF 36S FE6TTO AN 2RO.N PIP6, TKeWCS RU% WeST A NSTANCf OP 321.81 PegT TO ANIRON iPIPE ON THE EAST RIGHT-OF-WAY UN8 OF HIGHWAY^ THEMCE RVM NORTH A DBTAS^iCE OF162 FSET FOR Tl-t£POINT OF BEGINNIMG, THEWCE RUW EAST 65 FEFT, tHEWCE RUN NORTH 70FE^f, THgNCE RUN WEST 6S FfieT, THSNCE RUM iSOUTH 70 P66t70TShj6 »>0im-OF BEiSlWNlNG.LESS RIGHT-OF-WAY FOR COBS ROAD.

PARC61.2:

FftOM A CONCRETe ^RKEft AT THE SQUTHWEST CORNm OF THB NORTH1EA9T 1/4 OP THENORTHEA&T 1/4 OPSECT3EOM 20, TOWNSHIP 22 SOUTH, RANG6 IS EAST, HERMANOOCOUNn',FLORIDA, RVN TH.EWCE EASTA OISTANCE QF 378 FEET TO AN IROWPJ[?)E, THENCe RUN NORTH26$ FSST TO A.^ IRi&M KIPS FQR TH!5 POINT OP PEGINNtWG, THSNCIE RUM W£Sr321.51 F6ET TOAN IROM PIPE ON 7HE R!<?HT-OF-WAV II.NE OF HIGMWAY, THENCE RUM NORW A DISTANOE OFS33 FEET, THENCE RUN EAST A DXSTANCE OF 321.51 F5ET, THSNCERUN SOUTH A OISTAMCE OFSS2 FEET'TO THS POIW OF BSGI.MN3.NS. tESS A^O e.XCepT A t.OT 65 FEST By 70 fS^t AS&ESCRIBED IN OR BOOK 129, PAGE 286 , AMD A LOT 6S FEET BY 70 FEET AS DESCR2BED IN OR800K 129 PAGE 287, AMD RlGHt-OF-WAY POS COBB ROAO.

PARCEL 3:

FROM A CGNGREre MARKER ATTH6 SOUTHWEST CORNER OP THE. M.C W OFTHE NE 1/4 QFSECTION 20, TO.WNS.HIP 22 SOUTH, RANG.E 19 EAST, RUN THENCE EAST A DISTANCE OF 378F£ErTO AN1ROW PJPE, THENCiB ftUN NORTH A DISTANC6 OF 36S FEET TO AN 2ERON PJPE/ THBNCERUN WEST A D1STA.NCE OP 321,51 FB5T TO AN IRON PIP6 ON THE &AST RTGHT-OF-WAy UNE OFHrGHWAY, THENCE RUM MQRTH A DIStANCE OF 162 F6B", mEWCE RUM EAST A DlSTANCE OF 65FEET TO THE POINT .OP BEGJ1NNING, THEiMCfi RUM WORTH .70 RgeT, TOEINCE RUN 6AST FEET,THENCE RUN SOUTH 70 F£ET,THENCE RUN WEST 65 ET TO THE POINTOF BEGtiMHIWG.


BK: 3$10PG: }028

Taxos snd a$sessffl8iits for fhe year 2018 and subseqHQiit ye^rs, which an> not yct diie iuidpayable.

Al! recordiiig references are <he official piiblic records of Hemando County, Floricia.


InsU- iS20130321S8 BK;3010 £'Gi959 Filed 6 Keuord®d:6/6/2013ll;S2i49 AM/^PgssSR©0S'©es:$44.00 Deed Stamps s$21000.00 JAP Deputy Clk, Don Baybê Jr,HifeEnanclo County Cl<erk of Couyt

"^((i fseUi^nSp&peeseneaif/ar'sMftKng wnSilnlng somaMlrhflliatattaWftaiifQueSve»iffnaytiMl!»laeWa,

j^DiWm-mwwsNQ RBWKN TO;Ste»7flBC.IN'ra^3E^.s'.w^ oaaî & awssi?, ua3'Wosssssie^SQ'&aSWa^M? ^&Wt^ s»@t>'M.E.A^sa'!s,<Qwa^z3WQ

yws^ WB.: %2& 433 ie <ni>6o e^&d^!K3043339®tW®i30®83Si

TS3S ^3@®W1M®,ma^s, ®x®cutei3stod Mb/sfsd thls 31^ day of May, 2013, Isia'i<e%îv®os ®;F12.-03 a.M. 1s Floiri^ sceôysS-w

Ig JU1'Wa»

3s^ld3tea^Qsmiio^)., wit^g ffi®i31ita@atesss is ®07®OM Coteb &o® ByMteidlte,FIL S4503 ^ ]pa.»A©STON]g1P^¥E3^, UC, a Q®<@i'a!a 3"aêl &N3i^ sompssy

, ^3a©ssmsâx^ s&^^ b Ofi®S!&Biyai!©sOsa$Ps, 34^0 PNbaoa't t.oa^lSulte a3(&©,

Tbts Gffsa^to^ foT smd aa e©®S3d®3ratea©rtis s'um of ©a®MfeT ($a,©©)i©d©tt^valwlbN «E0a^sii®li®a3te ms'^pt ©fwN.eh Ss to^y (BfifejB®w3©3î3»diess hc^s^ ®?®iQi,togaasB,

3;ris sa'teaisa, |$?to|[ i®^l1^® b. tte C'oâ^ ®f.MeiM3&i3>^,Siai®of F!si3'a&, imte psatWriy(tesaaibfeEl w. ®3ENMttaA*> atiasjh® to®i®aa^ ®fi8a pari te®3f,togslto wi& fc® sigaginaaato&steisa®'^ssS, ©®®sasiiaS waafss^fii^ tesali'daa^ a sQ ^©itelaap'ov'g&wte slteBted &®s®®»

Pa^

^®!bl®£iito (81$ !P(8im^'e(£l E^S^^DBS ^siw^s^ < agsliM <ia®wate®^sifs^ WB'S

A?@) ^we^fS ô^ be?®1by'N3y WDNama fe®fifl®te t&s ]P?opsitya sybj-sct ito fi PiesraiaNe^3g3iîj^'QM> w& wa'DS ttete^ fe®sasse .sîfaBi (&®NwNt ©'l.slaaspf a31 ]p®if30Dsdismai^ by,t&osg^ ^T wdsir ©?im^®rii'is sia&ete&TS stod îagas, ®&da^ i&'09sryis&.

IN WiTiTNISg W!fc%S ©F,©^nte3aaa> ®a«?fl<Ebess i|(?<^ to l>s ^Sy iBmss&sQ w ^s©c p&3sat®aisiEB®by afe CT^$33i®®%a©ff .Kr!te®im'io3.awM1y ®isiib£»5»e.d©^cia'1!/®as ©ft©aywi& y^w fesi aferi?®wirStto.

R^r^toiF^^y^^-"-;1"'^^mw..c\ m^^'^ ^^'^^.s5lÊLr^mô^.....i.û^

s.©nioass?s.i


OPE'ICZAL KIJCO^DS BK: 3010 Pagss: 960

wrrN'essEs:FLACSyON^ PAVERS, WC, a FlorMa

"^f^^lo^^C^m'^

wporaito"

Print Name:''^ifVl

y\^ .^ Q&u «"k^.>"\

.s<-Qfv<P^^yoo:, ^£-O£S^AO

Oeof&eyP.BondIts ChiefSxwiitiveOfficer

(CORPORATESEAL)

STATEOFFLOiyDA ))

COl lTyOI?HERNA^DO >

Ths foregolng i»st«»mej}twas a&knowledged Ibefore me tius ^S^^ of /^^ ,2013, by Oeoffrey P. Bond, as CMvf BxewUve Officer of FLAQSTONE PAVBRS; INC., aFIorida corporation, oa behalfoftlie corporation. He ts p&rsonaSly kaowii to me.

Stiwiua tf

Notary P^tO, Sta% ofFIoridaPriot Name; . fi,sr a. ^Syasiww^stf^

My Com%issfon Exphes:_^._

SGFi/10389791.1


OFB'ICIAL KSCOKDS BK: 3010 Pagee: 9$1

Exmmn^A91PKOP.EKTY

PARCELi:

Thc? West 1/2 of the East 1/2 of Uie Soiitheast 174 of the Ncrtheasl 1/4, Section 20,Township22 South, Range 19 I;(ist,HemandoCouiity,Flonda.

PARCEL 2:

Commencing as the Northeasi corner oftho West 1/2 of the SE 1/4 of the NK 1/4 of Section 20,Township 22 South, Range 19 East, Hernando County, Ftorida, and thence go S 00°00'02" E,along tbc East boundary ofsaid West 1/2 ofihe SK 1/4 ofthe NE 1/4, adistance of 855.37 feet;thence go N 81°30'37rl W» a distan.cc of202.S4 feet to the POINro? BEOINNSNG; continuethsncc N 81°30'37n W a distance of 370.98 feet; thencc go N 00°32'57'> W, a distaiic6 of 1S0.82feet; thenec go N 46<>02'57" E, a distdnce of 1 75.14 feet to the P.C, of a ciirvo having a radiiis of'229.23 feet; a chord and bcai-ing ofN 40012'4}" E, 46.58 fe<;t; thcnoe go along ihe arc oflastsaid cw\'e concave to the Northwest ah arc distanee of 46.66 fw[; Ihence go S 89°40't8" E, adistaoc^ o! 212.44 feet; thencc go S 00°00'02" E, a disiaiice of ,')91.54 fcet to the POJNT 01:BEGINNJNO.

PARCEL 3:

Commencc at thc Northea.st cpnier of Wcst 1/2 o^thc SE 1/4 ofthe NE 1/4 ofSection 20,Township22 Soutli, Ran.ge 19 ^:ast, TTcfnando County, FIorida, tlicnec run S 00u00'02" E alongthc Bast Ime ofsaid West 1/2 ofSE 1/4 ofNB 1/4 ofsaid Sectjon 20, R distance of 250.0 feel toa POINT OiP BE01NN1NG, said point being the Soutlwast coracr of the property deiicribed !nO.R. Book 646, Paye 287, thence continues S OOC>00'02" E, along said East line a distancc o{"605,37 feet» thence riin N glo30'37" W a distanee oi' 202.24 feet to a point wliich is theSoutheast COrner ofthe property doscribed

'mO.R. Book 610, Page 894, tbence run N 00°0{)'02"

W along the F<ast line ofsaid property recorded in 0,R. Book 6ie,¥age804, and along ttie Castline pfthe propeyiy described in O.R. Book 586, Page 1948, a distance of 676.7i feet to a pointbeiag Uie Northeasi corner ofsaid property d&scribcd in O.R. BooJk 586, Page 1948, thencc runS 8()°40>18t' E a distance of 50.03 feet to a point being the Nonlnvest comer offhe propertydescribed m O.R. Sook 646, Pags 287, thence run S 00<:>00'02" E aloag ihe West line of saidprvperty descnbed in 0,R. Book 646, Page 287, a distance of 100.00 feet to the Southwcslconier ofsald pfoperly described hi O.R. Book 646, i>agc 287, ihsnce nsn S 89°40'18" E alongtht; South Jine ofssiid property described !n O.R. Bvok 646, Page 287, a distance of 150.00 feetto th®POINT OF BEGtNNlNG.

PARCEL 4;

AH that part of: The Soutli 285.00 feet ofthe North 435.00 ieet ofthe West 1/2 ofthe SE 1/4 ofttie NE 1/4 ofSection 20, Townsiiip 22 South, R«nge 19 Bast, Hemindo County, Ftorida, lyingEast ofCoiinty Road, LES'S the East 200.00 feet tliereof, and LESS that portion conveyed to theSlate ofFlwida, >»O.R. B&ok 530, Pag®1137.

SGR/10889781.1


OFE'ICXAL RSGORDS BKs 3010 Psg®s: 962

PARCEL 5:

The East 150.00 ffcet ofd So«t5i 100.00 feei of tSie North 250.00 fwt ofllie West 1/2 ofthe SE3/4 ofth&NE }/4 ofSection20, Tozvnship 22 Soitth, Range 19 £asi,Hernando County, Fjorida,lying East ofCoiwiy Koad.

PARCBLC;

Commencing at tbe Norlheast conier ofthe VVest 1/2 ofthc Sou^tteast 1/4 ofths Northesst 1/4ofSecttQn 20, Township 22 South» Raoge !9 East, Hernaiido County, Pic»rida»and thencc goSouth 00 degrees 00'02" East, fllong the East bouttdascy of said Wfest 1/2 of Southe&st 1/4 ofNortli<?ast 1/4 of Seetion 20. a distance of 855,37 feet to the POlRf OP BEGINH[NO; thenc<?continue South 00 degrees 00'02" East, a distance of 359.68 feet; thence go South 89 degre^s03'} t" West, a dislTOce of 333.15 feet; thenw go North 00 de^rees 31'55" West, a distance of415.49 fe&t; thence go Soutb 81 degrees 30137" East, a distance of 340,65 feet to the POiNT OFBEOINNmG.

PARCEI. 7:'fh&l

portion ofthe West 1/2 oftho Southeast 1/4 ofihe Northeast 1/4 ofSection 20, Tomship22 South, Ran^e 19 East Lying Easi ofStaie Road C-485 A/K/ACobb Road and West ofOldCobb Road, Hernaado Count)?, Floridsi.

LESS AND EXCEPT from a!| 7 Parcels described hercin any portion thereof l}'ing in anypublicly dedicated road rigiit-of-way.

SGR/108.33791.1


OWP1CI&L FtSCOSDS BK: 3010 Psg@s: 963

I^R^UTSSIOsxesyfiiom

I. Toxes for the year 20 i 3, ivh.lch are not yet du^ OTd payab'e.

2, Distribution Easement in favor of ft'ogress Energy, a Florida corporatioii recordedDeceoiber ), 2004 in O.R, Book 3935, Pa^e 1447, Pubiic Records.

3, Matters contsined 'm City of BrooksviHe, Florida Qrdinaoce No. 713 ((innoxing certainreat property into fbe City ofBroofc$vi}?e, FIorida), recorded Api'ii 20, 2006 in O.R, Book2242, Page 75, Ptiblic Records.

4. Utility Sefvjce Agreement by and between the City of Brool<svil!©,Ftorida, and FtagirtonePavers, Jnc., a Ftorida coiyoration, daied July 25, 2006 aiid recorded July 27, 2006 inO.R. Book 229^, Page 532, l^bllc Rwords.

5. &isiribution Easeinent in f<ivor of Floritia Pozver CoriWifalioti d/b/a Progress EnergyFtorida, !nc>, a Florida corpomtion, resorded January 5,2012 in O.R. Book 2872, PageH96, Public Records.

Any reference to O.R. (Ofiicia} Records) ur Publie Records shat} 'be deenied to be locstee!In the Officia} Records of the Coitnty whet-e the subject property is tocated.

SGR/108a3/'S< t


.«,<« W /W3U.W .CA: ^'-'5 PC: S§®,¥33ed& Kceoa-tled: S/?/20!7 J2:!7 PM TL.M Dcputy C&, ^s:7Koii 'Sarbse Jr»Cterkoflbe amijt C'OiBrt Eiemantio CO PL Kec Vscsi U>IM Occri DocStem|}: Sl i,37&©»

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ip!?epara4 BysBrandwC.DudAEsq.Sm&fa, CiciribreU & Russell, LLP50 North Laura Sfteel. Sute 2600JaeSsonv»te,Ftorida 32202

TaiParcelNps.:R2P 43219 0 Q 0080 003^R20 42219 0000 0080 W3Di,R20 422 ÔOOO 6080 «)»0;R20 43219 0009 00306000;R20 42219 0008 0280 (SW

[Syaos Resen/ed for Offidat Use]

TfflS SPECAM, WASKANTY BEED is tnade as o-f AHgust 3 , 2017, by J®toaAsN®yfs'ster aWa Sohm .A. S©;?ter,a imarrl'td aa, joiasfi fey Ms SP&MSS MiTB Aaa®It)Sis6r, MieN®3K. MAs^ a/ik/a Mto1ba®3Nfê^ a&^ 2;B2aW& Storaa M®U.NsfMaE<Ils$tsst!b S. BM.xe^fl fi/ik/a E!toN MfS-iW^ hm^wo^ sm^ wiife (coU®®t$w]y,3be"GraQtor"). v/hoss addresses are 1W7{? Fort Dade Avenue, Brookyriy.«,Plorida 34^03 aaid 1^075Fort X?ade Avenae, Brooksville, FIorida 34601, m favor of FLAG^TON®PA^KS, 2,LC, aGeorgia liaaifed KabQiiy company (the "OrsQêe"). whogg add^ss Is 5 Concoius®ya?;kn%y, Swte39QO, Atiante, Oeofgia 30328.

WB'iTNESSETBs.

T0AT OaANTOiR, for wd ia conisidsrataon ofthe SUTO ofTea and No/KM) U.S. DoUass($10.00) aaid olher ôod and valtiaNe consideratloj^ to at ia haad |î<31>y Crantee, ihe recelpt afldsufiidency ofwVch is lasseby acfeoB&wledged^ faas graated, baigai&eA sold snd conveyed unioOraat^ iis teirs, succ®sspirs>sad assagns, tibai certain taet or piis'ce! of Saad sito.ate, lyiag andbîtt.g m the Couoty of Hezaaado, State of Florida, as imore parfindarly <}sscribed on ^xyN-iâitecfeed h®r®fo(-fee "&QiS^^»);

T<C>©I;TIH%W2TM sS. tso&meaits, heredltameats, and aypurtâaaces thereio Wtoagmgw ia aaywis®app^rtaNag.

TO BAV3E AN1& T©i3©U!)aiie sarne unto Oranfe®in fee siaple forever.

AN33 dantor JhSii^by covsnarits wifh fhs OraiRtee llhat ths Grsnto? has good ri^bt an<'3tewîl flUthorUy to se!$ assd convey sasd Property; &at ê Oraiitor hereby felty wan'ants th®titleio smd Pfo^srty aad ^H 6ef®ndtbe ssm©against •tiis Sawful clauns of all yersoa®elaôSag by,feou^ or undsT t?% GranSo?, but agaiiQsi noae o'&sr; a»d thifi said !anc5 is free of fille-flcumbiaa-K&es made by, ihrough or usdsr ©rantorexcepl for tliose rflatters set fortii oft SE^^ls%w tereto, but this anstxwnoQt shall tiot operatfe to raaaapose tlis same.

[SflGNATURB PAGE POLLOWS]

SGR/1S4S3700.1


BK: 349S PC: g8'.i

JN WITNBS8 WHER.BOF, Orantor bas causs4 these,p?ese3ifs to bs executed as of'the dayand 5%sr first abov®written.

Sigoed, seai'sd aad deHveredin&©presCTCsof:

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T^Print Nari

h^ ij^^Ms^ssias: _^fA1n L.W^

ifohn Ashley Post^4/Va Jo!m A. Foster

S'rATEOyFlORIDA

COUNTY OF HBKNANDO

Ths foregoing mstromsnt was acknoêdged bsfos-e me tius j ^ day of^^Sf'^,201'?, by John A(»hley Fost&r a/k/a John A. Foster, a Diairied maii jom'ed by liis spoê DebraAnae^ Foster, who is/are pe?soaaMy known tto ms or iias/have produced

f^L^ i^l' jl/'^ as identification.

NOT^JRy^^LWPrlat âs&y.

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Serial Numbsr:^_^^g^^.;• ^ ".'S'3~''_My Corrimisssw Sxj>3iTes:

[NOTARYSBAL}

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WCGVm^SlQS^mS iE;<Pi%S;teihS!2.2-fr2j

WM^t^Witffi&jfKSSiS

[SigQaftire Page Cont5nu'e&]

SGR/184S3700.1


@K: 3-mP-G: 882

Sig-aed, sea.Ssd and deliveyedintepres&nceof:

^j&lM^^-^^^

xa^^L&J^W.Miehae3 J. Melsod a/k/&Michas! McUod

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Praht Name: S^c--H-i L;^|i^ty.^^^&^-.. ^^-fs^ M^^

Efeab'e& Storm McL«)da/is/a Eiizabeth §.'McLeod a/lc/a EUza&efc McLeod

STATEO??LOR3DA

COUNTY OF HERNANDO

The foregobg mstnmwnt was sGfc&owledg^d befcre .ms this ^ day of fti£^y ,2017, by Midiael J. MoLeod a/^a MicMaet McLeod aQd EHzabeth Stoim Mc3/eod a/k/aElizabeth S. MoLepd a/k/a EHzabeth McLeod, wlio is/are ^rsonally tooy/n to rae or has/h&veprodttced t'^-M/t.'L/^ , 83 identiS(at!o».

NOTARYP^PrinilNameLSerN Nimiber:My Comrmssi'oaExpi^s: A^^-W

SGR/'iS4S370r>.-]


BK: 349S PCs 883

PARCE.1,1:

Commence at the NJE coraer ofthe SE 1/4 offee N£1/4 ofSeotioa 20, ToTO<ship 22 SouA,Range 19 East, Hemando Cozmty, Plorida; tbesce a-yn South 89 de^ 48'58" West a distance of329.43 feet atong the 1/4 1/4 Sectioa !m&; fhence rim Soufh 00 deg. 29'05" Easf, a distanee of246,70 feet; thenee run North 88 deg, 41 '33" East a distattee of329.36 feet to the Sectioa 3me;th^c.e rwNo^th 00 d^g. 27*42" West along satd Ssction lioe a dlstanse of240.'24 &st to feePoisi oi'Begiiml.ng.TOGETHER WITH aa easesaent for lngre$s aad egress piuyoses; in coaimon with othera, overa»daeross a 20 foot wi4e pajcel wift a cente? liae d^cribsd as: Bsgiiftnlag fit ths NB comsr oftli$ m V4 oftheNE 1/4 ofNd Sectioa 20: thenc^ nm Souih 0.0 4eg. 27'42" East a îsiance of240.24 feei; &®Qcenm Soulh 88 deg. 41 '33" West a distance of !$4.6$ feet for a PoN ofBegiN.ing; Ihenw nm SoNh 00 deg. 28'2l" We$t a di^âce of486.95 fe^t; Iheace nm Soiith 02de^. 43*49" Kstst a dsstanee of 1.2&29.feet; iheace run Soutb 04 deg, 12'13ti East a diânce of240.12 feet; thence nm Soyth 10 dsg. 53143" West a dlstance of 137.^ feel to a Poiot on theNortli right ofway IIne ofFort Dade Aveaue snd fhe Point ofTermuius.

PARCEL 2:

Coramenee at the'NS comer ofthe SE 1/4 ofNB 1/4 of Seetion 20, Towashlp 22 South, Bsage19 Easfi Heaaisndo Coun'o', Flojdda; th^nes nm Soy& 00027'42" East aloag fjie Section Hns adistiffice of240.24 feet; theace yun South .J§8°41f33" V/ie.sf a distantsof 164.68 feetfor a PoN ofB$gM)ig; iBâse .ryn Soyth SSW33" West a îstancc ofJ64;6S fee^ 'A^tsce nia Soyth01)°29'05" East a distaoce of493.42 fes^; lêac®mn Nor& §$a26'34"East a distaws of 164.80feet; theace nm North 00<>28121" W^st a distimce of486.95 feet to ^ 3>olut ofB^maaig.SIJfyBCT TO an easement for m^&s aad .®gyes$piffpose^ over and ftcross fibe East 30 fe^thierebfress-fved to Grantor. TOGETHBR W3TH t3ie easeaênt for kigress aad egress asdesoribed in O.R, Book 792, pags 942, puNic fecor.3s ofHemando Couoly, Florida,

PARCEL3;

CoWQence 8t ths NE comer ofths SE j/4 ofth®N®3/4 ofSsotioai 20, Tomshiy 22 Soutfe,Raag$ 19 East, Hemando Comty, Ftorida, thsnce xua Soirtb 00<)2742" East a distaiwsof240.24fed along tlis Easi lm©Qfsaid Se^foa 20 to the Poiat ofBegmning; theace mn Souili g8e>4!<33>'WfrSt. a distence of 164.$^ feei; thenc«na3 SQi^h 00°2SS?" East a dl.^2ic& of486.95 feet; thsiiceron Noa^ 86°253!"East a dis}a? $ o-f 3 64.8i feet to ihe Ssctioo line; thsass nm NorAa0°27'42" W®sta clistonce of480.40 feet aloag said Section Uae to '&s Pomi ofBsgmaing.SUBJECT TO an eêment <?ver tbs Wesf 10 fwt ^•sr$of.TaOETHEX W3TO aa eass8Ssjn,t> fof Sngr'ess and eêss piôsss, m comin'oB with vfasts, overand sicross a 20 foot wi^®parce? mth a csa^? itoe dessribed as: Begumuig at ths NW come? ofth$ afcove dsscribed parcsl; asncs roa South 0002^23(' W$s? a distoce of48^.95 feef; 4hsnc$rm Soafe-02043t49" Bast a &ian<s; o? i2^.2& feel; -ihence nm SoA 12'}3" Easi a distence of240.32 feet; ten6e .yyn Soiitb 10°53(43n West a distaace of137.86 'feet to a poiat oa tbe Norihri^t of way liae ofFort Dade Aveaias aad &e Polm of Temimus.

SOR/1S4^700,1


B%: 349S P<?: 884

A!c?«gwith thst c^rlala doyb.Sev.dde mofctte home !oc&t®dthsre^ feavmg Ptorida Titk No.'s:517715 28 & 637$>0443, VjN No/s: 3262QU4AE aad 32620144BE asid ilegistration No.'s:310573771 aadR0573772.

PARCEL4:

%$t pordon oftte: £1/4 ofthe S£1/4 oftbeMB 1/4 ofSectian20, Township 22 Soiilli, Range19 East, lying north ofthsNorth right-of-way ofSfate Road No, 50, Heiraaado County, Florida,Less and Except ihe fo!!owing thre®parcels ofland:

Commence at theNE coa-aer oftte SE V4 ofthe NE 1/4 ofSectionSO, Tovmship 22 South,R^sge 19 East, Heaiando Counly, Flonda; tiieace run Sooth 89 deg. i-K'Sy' We$t a distaace of329.43 feel aton^ the 1/4 1/4 Sectioii line; thence run South OQ dsg. 2$105" East, & distance of246.70 feef; thsncs run North 88 d^g. 41'33" Esst a distanw of 329.36fcfet fo As Ssot'osi ime;theace run'North 00 dsg. 27'42" West along said Section ime adisteiiceof 240.24 feet to thePoint ofSeghming, as recorded la O.fficisl Rec<yi3$ Boole 1735,Pag$ t800 aa^ ye'jrecorded In0 al êcords Book 1749, Page 1549 aad coH-ected by ilM c^rtam •Ccerj'eetivfi Wayanty Dsedreeordsd ia OSicN Reco?ds Book 1802, Page 1317, ofths PuÎi'c Xecwds ofHemaido Couaty,Florida.

Coauaence at the NE comw ofthe SE 1/4 ofNE 1/4 ofSectioa 20, Towaship 22 South, Rangei9 East, H€.mandoCoimty, Florida; theoce nm Soyth 00027'42" East alosg ths Semioii Uas 8(lislaase of240.24 feef; iheace naa Soulli 8g°4!<33" West a disisacs of1^4,68 fwt fQr t* Pomi ofBegmaing; thense swi goutb 88°41'33" West a dlstsnce of 3 64.63 f&et; Ihence ywi South00°29'05"East a dlstaace of493.42 feet; thence run Npr-A S6026'34" Es^t a distance of 1 64-.80feet; feence nm North 00°28121" West a dlstance of486.95 feet to the Point ofBsguimng, asi-ecoi-detl ja Officlai Reeords Book 2827, Page 510, ofthe isyblioReco?ds ofHemando Coi.msy,Florids.

Coaimenoe ^ îe NE .cofiwr oftbe SE 1/4 ofdw NE 1/4 of SeciiQQ 20, Townslup 22 Sou&,Range 19 âst, Hemanao Gouaty, Flofkla; &&fl^ nm So^th 00<)27'42" Eas't a ^staacs of240.24feet atoag ihe Easl Ime ofsaid Section 20 to fh®Point o-fBegiaabig; &ea.cs nffi Souih 88*41>33"West a <3isiaace o^ 1 64.68 feei; &CTW n®Soyth 0002S121" East e disiance of486.95 fest; fhenosrufiNarth g^°26'31"East s dist&nce of 164.SI feet •to •fes Sec-tioft line; a&tice .ninNora00°27'42"West a (3istaa&e of480.40 fest along said S^ction !ine to &e Point ofBsgimuag, asrscorded in Offssial Recoids Book 759, Pags 592, of&e Pyblic Recoids ofHsmando Coynty,Ftorida.

PARCBL5:

Tb®East 942.00 feet offe Soa& 497.00 fcet ofth®Nordieast W of'ihe Nortlieast V4 of Ssetion20, Tow.as^p 22 Soufe, Range 19 East, Hemaaido Cow^, Ftorida, AND TheEast 942.00 te ofihe North 405.00 fe$t of the South 902.60 fest of& Noribeast t/4 oftlhs N&sr8ieast V4 ofSt-îon 20, Towrîup 22 S&U&, Mangs 19 East, H®?ftan<3oCoimiy, FlQ-ride, teêllier vvith a?}essement foa- iagrass and egress tlh.at is recorded at Ofiicial RSCORI So&3; 6€5,?ag.&s Of23<0824of&e Puîlc Records ofHerAa-a<3o CouRty, FloyBa.

SGW1S483700.1


BK: 349SW. 835

Less effld except that portion Qonveysd by &at certam V/^ranty Dsed rscorded in OSNalReco?ds Boo^ 86$, Pege 1027, ofthe Public Records ofHeraando Couaty, Florida, <3ss<?ribsd asfoUows;

"n%North 50 fset of&e Soiith 902.00 feet ofthe Nor&east W oftbeNortfaeast 1/4 ofSsctioa

20, Towaship 22 South, Mang®39 East, Hemando Counfy, Florida.

SG5V1S483700.1


®K:349S PG: §8$

1. Taxes and assessments for the year 2017 aad subsequeat yea?s, wluch are not yet du& aadpayable.

2. Distributioii Basement graated to Progress Eaiergy recorded ui Official Records Boolc1795, Page 1804 (AS TO PARCEL 2 ONLY).

3. Distribution Easement graated to Progress Energy recorded m Official Reconis Book1839, Page 904 (AS TO PARCEL 3 ONLY).

4. Distribution Easement granted to Progress Energy recorded in Official Records Book1935, Page 1441 (AS TOPARCEL 1 ONLY).

5. Distribution Easement graated to Progress Energy recorded in Official Records Book1819, Page 904 (AS TO PARCEL 3 ONLY).

6. Subject to the rights of others shariaig ia the use of an easement for ingress aad egresspiirposes over and aciws the Easst 30 feet thereof, as refereaced ia OiScial Records Book1749, Page 1549, aiad in Omcial Records Book 1802, Page 1117 (AS TO PARCEL 2ONLY).

7. Subject to the rigbts of others sharing in fee use of an easement for iogress and egresspurposes over and across the West 10 feet thereof, as rsferenced. in Official RecordsBook 1749, Page 1549, and in Officiiat Records Book 1802, Page 1317 (AS TO PARCEL30NLY).

8. Subject to the rights ofolhers s5aariiE>g to ths use ofan easement for iagress asd egsresspurposes, as referenced ia Ofi5cia3 Records Bwk 3360, Page 338 (AS TO PARCEL 4ONLY).

9. Rjghts of tenants, as tenants ordy with no ojptioa to purchase, under terms of unrecOTdedresideatial leases.

A3I recording refereaces are the officia! public records ofHeraando Couaty, Florida.

SGR/18463700. i


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PROCIVIL^e^ FLAGSTONE PAVERSPLANT EXPANSION

CITY OF BROOKSVILLE FLORIDACI'/iL ENGIMEERING/RESIDENTIAL &COMMERCIALSITEDEVELOPMENr/PLAMNtt'IG & ZOMING /PERMiniNQ /

CONSTRUCTION SERWCES•; so-j'^v^ sTfl££T,aqoc<nr.;.£Fi. liUI PK;'»S.p*?;.i*)^)U MASTER PLAN


AGENDA ITEM N0T-3tAGENDA ITEM

MEMORANDUM

HONORABLE MAYOR AND CITY COUNCIL MEMBERS

MARK A. KUTNEY, C1TV MANAGER

NANCY STUPARICH, CIT^ ATTORNEY

SUBJECT: ORDINANCE REGARDING ABSENCE OF MAYOR/ROLE OFVICE MAYOR & MAYOR PRO-TEM

^\wTO:

VIA:

FROM:

DATE: MARCH 2, 2020

GENERAL SUMMARY/BACKGROUND: The City Council directed the CityAttorney to draft an ordinance to clarify the duties and responsibilities of the mayor,vice-mayor and mayor pro-tem as contained in Section 2-62 of the City of BrooksvilleCode of Ordinances. When drafting the ordinance a needed change to Section 2-61 wasalso identified and included in the draft ordinance. At the First Reading of theOrdinance, the City Council requested several wording changes. Those changes havebeen made to the draft Ordinance for review by the City Council at the Second Readingofthe draft Ordinance on March 2, 2020.

BUDGET IMPACT: There should not be any budget impact.

LEGAL REVIEW: The City Council has home rule povver by virtue of Article VIII,Section 2(b) ofthe Florida Constitutlon and Chapter 166, Florida Statutes. As permittedby its home rule power, the draft Ordinance is legally acceptable and appropriate.

STAFF RECOMMENDATION:on Second and Final Reading.

Motion to adopt Ordinance No. 918 on roll call vote




Date of Meeting |3/2/2020

Agenda Subject: (i.e. Art [Ordinance 918 Absence of MayorGallery Coordinator)


Questions/ Comments



Agenda Subject: (i.e. Art |0rd. 918 -Absence ofMayor - 2nd ReadiiijGallery Coordinator)

Approval yes or no

Questions/ Comments

ê_

^^ ^^£)^W^^W^ \

O^f^ /^ l^Ûy SîJ2//cY^^

.c~'-n.

Name Nancy Staparich, City Attorney

DateofMeeting 3/2/20


City Attorney version2-24-20

DRAFT

ORDINANCE N0. 9l8

AN ORDINANCE AMENDING SECTION 2-61 OFDWISION 2, ARTICLE 2 OF CHAPTER 2 ENTITLED"ADMINISTRATION" REGARDINGTHE FUNCTIONSAND POWERS OF THE MAYOR AND SECTION 2-62OF DFVISION 2, ARTICLE 2 OF CHAPTER 2ENTITLED "ADMINISTRATION" REGARDINGABSENCE OF THE MAYOR OF THE C1TY OFBROOKSVILLE CODE OF ORDINANCES TOELIMINATE REFERENCE TO THE C1TY POLICEANDTO FURTHER DEFINE THE RESPONSIBILITIES OFTHE VICE-MAYOR IN THE ABSENCE OF THEMAYOR; AND PROVIDING FOR CONFLICTS,CODIFICATION, SEVERABILITY, AND AN EFFECTIVEDATE.

WHEREAS, Oon June l, 2018, the Brooksville Police Department was disbandedand police sendces are now provided by the Hernando County Sheriffs Office; and

WHEREAS, changes in technology since the prior adoption ofthe existing coderequire clarification ofthe duties and responsibilities ofthe Vice-Mayor in the absence ordisability ofthe Mayor.

NOW, THEREFORE, BE IT ORDAINED BY THE C1TY COUNCIL OF THEC1TY OF BROOKSVILLE, FLORIDA, AS FOLLOWS:

SECTION l. The above "WHEREAS" clauses are incorporated by reference.

SECTION 2 . Sections 2-61 and 2-62 of Division 2, Article 2 of Chapter 2entitled "Administration" are hereby amended to read as follows:

Sec. 2-61. - Functions and powers ofthe inMayor.

The mayor Mayor shall preside at all meetings ofthe city council and perform suchother duties, consistent wlth the office, as may be imposed upon him the Mayor by the citycouncil. He The Mayor shall have a voice and vote in the proceedings ofthe city council, butno veto power. He The Mayor shall use the title of mayor Mayor in any case in which theexecution oflegal instruments in writing, or other necessity arising under the general lawsofthe state, so requires. He The Mayor shall be recognized as the official head ofthe citygovernment by the courts for the purpose of serving ci\dl process, and by the state andfederal governments in connection with the exercise ofmilitaiy law, and for all ceremonialpurposes. He The Mayor may take command of thc city policc, and govern the clty by


proclamation during times of grave public danger or emergency, and he the Mayor shallhimsclf be the judge of what constitutes such grave public danger or emergency. He TheMayor may have such other powers and duties as are conferred or imposed upon him by theCharter, and by the city council, not inconsistent with the provisions ofthe Charter.

Sec. 2-62. - Absence ofthe niayor Mayor.

(a) Thc city council shall nominatc onc of thcir numbcr as viee-iftaye? The Vice-Mayor_te shalLserve as mayor MayoiLduring the duly clcctcd mayor's tcmpora^ Mayor'sabsence from thc city, tcmporary or disability. The Mayor shall inform the city manager,who^hall informthe Vice-Mayor and_dtv counciLofthe Mavor's absence or disability. Theabsence or disability ofthe Mayor shall occur when the Mayor cannot incapacityto performthe duties as mayer MaYoiâs provided_inj:he Citôf Brooks\dlle Code of Ordinances andCharter.

(b) During any thc tcmporarvr absence or disability from thc city, disability ormcapacity of both the Mayor and Vice-Mayor mayor and \ricc mayor, the remaining citycouncil members shall nominate one oftheir members to sei-ve as ffleye^ô-teffl: MayorPro^Tem_in such absences or disabilities and incapacitics until eithe? the city managerinforms the city council that the mayor or \ricc mayor Mayor or Vice-Mayor is again able toact.

(c) The \ricc mayor or mayor pro tcm Vice-Mayor or Mayor Pro-Tem so designatedto serve in the mayor's Mayor's_stead shall be clothed with all the powers and duties ofthercgular mayor Mayor.

SECTION 3. CONFLICTS. All ordinances or parts ofordinances in conflictherewith are hereby repealed to the extent of such conflict.

SECTION 4. CODIFICATION. This ordinance shall be reflected in thecodification ofthe Code of Ordinances ofthe City of Brooksville.

SECTION 5. SEVERABILIT^. Should this Ordinance contain provisionsherein that are in conflict v\dth any laws, rules, or regulations of higher authority, or bedeclared null and/or void of constitutional authority by courts of competent jurisdiction,such provisions so declared shall stand severed here^th and in which case all remainingprovisions of this Ordinance not so declared, shall stand and contlnue in effect and shalltake effect upon passage and will remain in force until superseded, supplemented,amended, repealed or otherwise altered.

SECTION6. EFFECTRÊ DATE. This Ordinance shall take effectimmediately upon its adoption by the Brooksville City Council.

CYTy OF BROOKSVILLEOrdinance No.


Attest:Jennifer J. Battista, CMCCity Clerk

By:Joe BernardiniMayor

PASSED on First Reading: January 27,2020NOTICE published on: XXXXXXXXXXXPASSED on Second and Final Reading: XXXXXXXXXXX

APPROVED AS TO FORM FOR THE RELIANCE OFTHE ClTY OF BROOKSVILLE ONLY:

Vose Law Firm, LLPCity Attorney

VOTE OF COUNCIL:

BattistaBraytonErhardKemererMayor Bernardini


AGENDA ITEM N0.


»yj_^fr/ô

TO:

VIA:

FROM:

HONORABLE MAYORAND CITV COUNCIL MEMBERS

MARKA. KUTNEY, CITY MANAGER^

NANCySTUPABJCH, CITÂTTORNE'Eî^— U

SUBJECT: ORDINANCE FOR PROPOSED CHARTER CHANGES ONELECTION BALLOT

GENERAL SUMMARY/BACKGROUND: The City Council is authorized by CityCharter Section 6.01 to propose amendments to the City Charter. During its January 6,2020 Special Meeting the City Council directed the City Attorney to prepare anordinance to submit a question to the electors of the City of Brooksville for theirconsideration at the November 3, 2020 election. The question is whether the approvalof the City Council is required before any appropriated funds are transferred from oneexpense to a different expense within a city department's budget. During the FirstReading of the draft Ordinance on February 3, 2020, several changes were requestedand have been included in the draft presented for Second Reading. Also, additionalchanges are recommended by staff to the draft Ordinance to include a Spanishtranslation of the proposed ballot title and summary as required by the recentamendment to the Agreement between the City of Brooksville and the Hernando CountySupendsor of Elections. ^

BUDGET IMPACT: The requirement in the Hernando County Supervdsor of ElectionsAgreement required the expenditure of $40.00 to obtain a certified translation of theballot title and language for inclusion in the draft Ordinance. Other than that expense,the draft Ordinance would have no budgetary impact unless the City's ballot languageforces the ballot to a second page. In that case, per the Agreement with the Supervisorof Elections, the City can be asked to reimburse printing costs for that second page (onlyCity of Brooksville precinct).

STAFF RECOMMENDATION: Motion to adopt Ordinance No. 919 on SecondReading, as amended, upon roll call vote.

ATTACHMENTS:i. Draft Ordinance No. 919 with proposed amendment language2. Copy of Certificate ofAccuracy - Lizette Valarino3. Copy oflnvoice from Lizette Valarino4. Copy ofMunicipal Elections Cooperative Agreement w/attached First Amendment


Use thisforin to provide your approval or questions/comments and save under theappropriate agendafolder on the H drive



Agenda Subject: (i.e. Art |0rdinance 919 Charter ReferendumGallery Coordinator)

Approval yes or no [Yes

Questions/ Comments



Name [Nancy SUiparich, City Attorney


Agenda Subject: (i.e. Art |0rd. 919- Charter referendum (budget)Gallery Coordinator)

Approval yes or no

Questions/ Comments

_s


DRAFTORDINANCE N0. 919

AN ORDINANCE OF THE CITY OF BROOKSVILLE, FLOmDA,PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OFBROOKSVILLE THAT CLARIFIES THAT APPROVAL FROM THE CITYCOUNCIL IS REQUIRED FOR ANY BUDGET TRANSFER OFAPPROPmATED FUNDS DUmNG A FISCAL YEAR TO EXPENSES OFTHE DEPARTMENT TO WHICH THE FUNDS WERE APPROPRIATED INTHE CITY'S ADOPTED BUDGET; PROVIDING FOR A REFERENDUM ONTHE QUESTION OF APPROVAL OF THE PROPOSED AMENDMENT INENGLISH AND SPANISH; PROVIDING FOR FILING THE REVISEDCHARTER WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDINGFOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS OFHERNANDO COUNTY, FLORIDA; PROVIDING FOR CONFLICTS,SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the City Council is authorized by City Charter Section 6.01 to proposeamendments to the City Charter; and

WHEREAS, Section 2.15(a) of the Brooksville City Charter lacks any requirement forCity Council approval before sums appropriated during a fiscal year within a city department fora particular use can be applied to other expenses ofthe departmenit, in contrast to Sections 2.15(b)through (d) of the Brooksville City Charter, which specifically require the approval of the CityCouncil; and

WHEREAS, the City Council has identified the need to clarify that approval by the CityCouncil is required before any appropriated funds, which may no longer be needed by a citydepartment can be applied to other expenses ofthe city department; and

WHEREAS, the City Council has determined that the changes contained in proposedQuestion #1 should be submitted to the electors ofthe City of Brooksville for their considerationduring the 2020 general election; and

WHEREAS, for purposes ofthis Ordinance, underlined type shall constitute additions tothe original text, *** shall constitute ellipses to the original text, and strikethrough shall constitutedeletions to the original text.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City ofBrooksville, Florida, as follows:

SECTION 1. CHARTER AMENDMENT. Upon approval ofthis charter amendmentat referendum, Section 2.15(a) ofthe Brooksville City Charter is amended to read as follows:

Page 1


Sec. 2.15. - Appropriations amendinents during the fiscal year.

(a) Budget Transfers: With the approval of council any Asy sumappropriated during a fiscal year within the various departments andfunds of the city for a particular use(s), which are not required for suchuse(s), may be applied to other expenses of the department to which saidsums are appropriated or to_the fund from which it was appropriated.

SECTION 2. REFERENDUM. The question ofamendment ofthe Charter ofthe City ofBrooksville, Florida, as provided in this Ordinance shall be submitted to a vote of electors of theCity at a referendum election to be held in the City ofBrooksville on November 3, 2020.

SECTION 3. BALLOT TITLE AND BALLOT SUMMARY. The ballot title and ballotsummary that shall appear on the referendum election ballot for this proposed charter amendmentare as follows:

CITY CHARTER AMENDMENTCITY COUNCIL APPROVAL REQUIRED FOR

APPROPRIATION TRANSFERS WITHIN ACITY DEPARTMENT'S BUDGET

Shall Section 2.15(a) ofthe Brooksville City Charter be amended tostate that any transfer of appropriated funds within a citydepartment's budget requires the approval ofthe City Council?

YesNo

SECTION 4. COORDINATION WITH SUPERVI80R OF ELECTIONS. The CityClerk is hereby authorized and directed to instruct and coordinate with the Supervisor ofElectionsof Hernando County, Florida, to include the ballot question set forth in Section 3 on the ballot ofthe General Election to be held in the City of Brooksville on November 3, 2020. As required bythe Agreement between the City of Brooksville and the Hemando County Supervisor ofElectionsattested to by the Supervisor on November 23, 2009 and as amended on June 17, 2019 by theparties, the ballot title and ballot summary that shall appear on the November 3, 2020 electionballot shall also be included in the Spanish language to read as follows:

MODIFICACION DE LA CARTA ORGANICA DE LA CIUDADSE REQUIERE LA APROBACION DEL CONSEJO DE LA

CIUDAD PARA LA TRANSFERENCIA DE APROPIACIONESDENTRO DEL PRESUPUESTO DE UN DEPARTAMENTO

DE LA CIUDAD

^SE ENMENDARA LA 8ECCION 2.15 (A) DE LA CARTAORGANICA DE LA CIUDAD DE BROOKSVILLE PARAINDICAR QUE CUALQUIER TRANSFERENCIA DEFONDOS APROPIADOS DENTRO DEL PRESUPUESTO DE

Page2


UN DEPARTAMENTO DE LA CIUDAD REQUIERE LAAPROBACION DEL CONCEJO MUNICIPAL?

SiNo

SECTION 5. CONFLICTS. All Ordinances or parts ofOrdinances insofar as they areinconsistent or in conflict with the provisions of this Ordinance are hereby repealed to the extentofanyconflict.

SECTION 6. SEVERABILITY. In the event that any word(s), phrase(s), portion(s), sub-sub-section(s), sub-section(s), or section(s) ofthis Ordinance, is contrary to law, or against publicpolicy, or shall for any reason whatsoever held to be invalid, illegal or unconstitutional, by anycourt of competent jurisdiction, such word(s), phrase(s), portion(s), sub-sub-section(s), sub-section(s), or section(s) ofthis Ordinance shall be null and void, and shall be deemed severed, anda separate, distinct, and independent provision from the remaining provisions of this ordinance,and such holding shall in no manner affect the validity ofthe remaining words, phrases, portions,sub-sub-sections, sub-sections, or sections of this Ordinance, which shall remain in full force andeffect. This ordinance shall be construed in a manner to accomplish, to the greatest extent legallypossible, the purposes of this ordinance as expressed herein. It will be presumed that the CityCouncil for the City of Brooksville did not intend to enact any invalid or unconstitutionalprovision. It shall further be presumed that the City Council would have enacted the remainder ofthis Ordinance without any invalid or unconstitutional provision, thereby causing said remainderto remain in full force and effect.

SECTION 7. EFFECTIVE DATE. Upon adoption ofthe proposed Charter amendmentby a majority ofthe electors voting in the referendum, the City Council shall have said amendmentsincorporated into the City Charter and shall file the revised Charter with the Florida Departmentof State as provided by Chapter 166, Florida Statutes, at which time the revised Charter provisionwill go into effect.

CITY OF BROOKSVILLE, FLORIDA

Attest:

Jennifer J. Battista, CMC, City Clerk

By:

Joe Bernadini, Mayor

PASSED on First ReadingNOTICE Published onPASSED on Second & Final Reading

Page3


Approved as to form for the reliance of the CityofBrooksville only:

VOTE OF COUNCIL:Mayor BernadiniCouncil Member ErhardCouncil Member BattisaCouncil Member KemererCouncil Member Brayton

City Attorney

Page4


The Idea Factory

Lizette Valarinoldeawhiz(®aol.com

10151 University Blvd. #521Orlando, FL 32817

(407) 234-7364

February 5, 2020

CERTIFICATE OF ACCURACY

I, Lizette Valarino, do hereby certify and state that 1 am fluent in both the Englishand the Spanish languages.

That 1 have made the attached translation from the annexed document to theSpanish language and hereby certify that the same is a true and completetranslation to the best of my knowledge, ability and belief.

Lizette ValarinoTranslator* Member American TranslatorsAssociation #244330-11430* Member Florida Association ofTranslators & Interpreters

- Minority, woman-owned business -


BALLOT TITLE AND BALLOT SUMMARY



DE LA CIUDAD

^SE ENMENDARA LA SECCION 2.15 (A) DE LA CARTAORGANICA DE LA CIUDAD DE BROOKSVILLE PARAINDICAR QUE CUALQUIER TRANSFERENCIA DEFONDOS APROPIADOS DENTRO DEL PRESUPUESTODE UN DEPARTAMENTO DE LA CIUDAD REQUIERE LAAPROBACION DEL CONCEJO MUNICIPAL?

SiNo


The Idea Factory^'•waiiaifS •&'(,"ow/yf ijoi.ir M?/'^ftx? H'w.s'

Translations/Public Relations [email protected]

10151 University Blvd., #521Orlando, FL 32817

(407) 234-7364

INVOICE

Bill to: Vose Law Firm LLP324 W. Morse BoulevardWinter Park, Florida 32789

Contact person: Nancy StuparichPaymentTerms: NET10Invoice Number: 2114Job Number: N/A

Date of Order: 2/05/20Dateofdelivery: 2/05/20Invoice Date: 2/05/20

DESCRIPTION AMOUNT

Charter Amendment City of Brooksville

1 page @ $40 per page $ 40.00

TOTAL........................................... $ 40.00

Please make check payable to:

THE IDEA FACTORY10151 University Btvd. #521Orlando, FL 32817


MUNICIPAL ELECTIONS COOPERATIVE AGREEMENT

THIS AGREEMENT entered into by and between the City of Brooksville,Florida, a municipal corporation, (hereinafter the "CITY") and the Office of SupervisorofElections for Hemando County, Florida (hereinafter the "SUPERVISOR").

WHEREAS, the CITY requires regular municipal elections to be held on aschedule consistent with the prescribed dates of the general election conducted everyother year by the SUPERVISOR; and,

WHEREAS, the CITY has requested the assistance of the SUPERVISOR inconducting its regular municipal elections; and,

WHEREAS, the CITY may also require a special municipal election orreferendum to be conducted on its behalf; and,

WHEREAS, the SUPERVISOR is agreeable to providing such assistance to theCITY subject to the conditions set forth herein.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS,PROMISES AND COVENANTS TO BE COMPLIED WITH, THE PARTIESHEREBY CONTRACT AND AGREE AS FOLLOWS:

1. INCORPORATION OF RECITALS. The above recitals are tme andcorrect and incorporated into this Agreeinent as ifset forth in haec verba.

2. AUTHORITY. All municipal elections will be conducted under the legalauthority of the City Charter, applicable codes and ordinances of the CITY and anysections of Chapters 97 through 106, Florida Statutes (the State Election Code) whichspecifically reference municipal elections or which have been officially adopted by theCity. A copy of the City of Brooksville Election Code is attached hereto as 'Exhibit A".Any modifications to this code will be provided to the SUPERVISOR upon adoption ofsame by the CITY.

3. DESIGNATED ELECTION OFFICIAL. Pursuant to Code of Ordinancesof the City of Brooksville Section 30-3, the CITY designates the SUPERVISOR as itsdesignated election official for municipal elections, special municipal elections, andreferendums.

4. ELECTION DATES. Regular municipal elections will be held on the firstTuesday after the first Monday in November of each even numbered year, concurrentwith the general election conducted by the SUPERVISOR, unless City Council issues aresolution canceling same due to the fact that only one candidate qualified. In the eventthat a special municipal election or referendum is called by City Council, to be conductedwith the assistance of the SUPERVISOR, the date of said election shall be coordinatedwith the SUPERVISOR pursuant to the applicable provisions ofCity Charter, City Code

(00149424) 1 ol'6


or Florida Statutes. The CITY will make every attempt to set the date of such specialmunicipal election or referendum with as much advance notice as possible, preferablyninety (90) days in advance but not less than thirty (30) days prior to the date.

5. SPECIAL MUNICIPAL ELECTION OR REFERENDUM. In the eventthat the CITY schedules a special municipal election or referendum not held during anelection regularly conducted by the SUPERVISOR, unless other arrangements are made,the SUPERVISOR shall assist the CITY in conducting the special municipal election orreferendum under the provisions provided herein for regular municipals elections.

6. QUALIFYING OFFICIAL. The SUPERVISOR shall serve as theQualifying Officer for all municipal candidates, and will maintain qualification andcampaign financing paperwork and reports and remit the required election assessmentfees to the Department ofState as required in the State Election Code.

7. QUALIFYING FEES AND ELECTION ASSESSMENT. TheSUPERVISOR shall collect and retain qualifying fees for the purposes of funding theobligations under this Agreement. The SUPERVISOR shall collect the electionassessment fees and remit said fees to the Department of State as required in the StateElection Code.

8. ELECTION ADVERTISING, NOTICES AND REPORTING. TheSUPERVISOR will place all required legal advertisements, and notices required as theyrelate to the regular or special municipal elections or referendums. Supervisor will notifythe Division of Elections of election, qualified candidates, cancellation of election, ifappropriate, and election results once officially declared by City Council.

9. ELECTION BALLOTS. The SUPERVISOR shall provide the CITY with afinal slate of qualified candidates, such that the City Council may adopt, by resolution,the qualified candidates to be listed on the municipal election ballot. The SUPERVISORshall include municipal candidates and municipal ballot questions, once officiallyannounced and adopted by resolution of the CITY, on any printed materials prepared bySUPERVISOR or information given out verbally.

10. CONDUCT OF ELECTIONS. The SUPERVISOR shall conduct all aspectsof regular municipal election, unless otherwise provided or exempted herein, includingthe programming of the election tabulating equipment, testing the system and certifyingthe tabulating software as required by the Division of Elections and State Election Code,providing the facility to tabulate the election results, ordering all ballots and precinctregisters, and issuing and maintaining the absentee votes. SUPERVISOR shall makeprovisions to allow at least one CITY designated representative to (1) attend andparticipate in meetings and trainings regarding municipal elections including poll workertraining, (2) to review, monitor and provide oversight at City precincts on election days;and (3) shall allow at least one CITY designated representative into the equipment roomduring the tabulating process.

{00149424} 2of6


11. VOTER REGISTRATION AND DETERMINATION. CITY shall notifySUPERVISOR of changes in CITY boundaries which effect voter registration andeligibility as a municipal voter. The CITY may audit municipal voter records to confinnthat CITY boundary changes have been properly incorporated into the municipal voterroll. The SUPERVISOR shall maintain registered voter records by CITY precincts andprovide a list of registered municipal voters by precinct to CITY when requested,following close ofregistration books. SUPERVISOR shall notify registered voters ofanychange in CITY precinct boundaries or polling place location changes in accordance withthe State Election Code.

12. CANVASSING BOARD. The Hemando County Canvassing Board andSUPERVISOR'S staff shall be legally responsible for regular municipal elections heldconcurrent with the general election and the canvass of election retums thereof. In thecase ofa special municipal election or referendum not held in conjunction with a county-wide election, the CITY shall be legally responsible for and shall appoint a CanvassingBoard unless other provisions are made with the SUPERVISOR in advance. The CITYshall make arrangements and bear the expense for legal representation of the CountyCanvassing Board in any election challenge, protest or quo warranto proceedingsresulting from a regular municipal election.

13. ELECTION RESULTS. The SUPERVISOR shall provide three (3) certifiedcopies of election results in printed format, by precinct and fiinal tally, with absenteeballots being tabulated as a separate precinct. The SUPERVISOR shall present to theCITY the elections results such that the City Council shall officially declare all electionresults as stipulated in City Code. All results of municipal elections shall be consideredunofficial until so declared by City Council.

14.ELECTION PROTESTS. The SUPERVISOR will be responsible fordecisions regarding election protests and/or requests for recounts of the vote of suchregular municipal elections held concurrent with the general election. Such protests andrequests shall be made to the County Canvassing Board in accordance with the provisionsof the State Election Code. The CITY Canvassing Board shall be responsible fordecisions regarding election protests and/or requests for recounts of the vote of suchspecial municipal election and referendums not held in conjunction with county-wideelections. Such protests and requests shall be made to the CITY Canvassing Board inaccordance with the provisions of the CITY'S municipal charter and the State ElectionCode.

15. ELECTIONS COSTS. The CITY shall reimburse the SUPERVISOR for anyadditional costs incurred by SUPERVISOR for incorporation of regular municipalelection in the county election process. Upon agreement ofthe parties as to the cost ofaspecial municipal election or municipal referendum, the CITY shall reimburseSUPERVISOR for election expenses, including personnel costs incurred which arenecessary to conduct the special municipal election or referendum. The CITY shall payreasonable replacement costs involved to repair equipment damaged during special

(00149424) 3of6


municipal elections or referendums to the extent not covered and paid for by anyinsurance.

16.TERM OF AGREEMENT. This AGREEMENT shall remain in effectthrough December 31, 2012, and shall be automatically renewed for additional two-yearterms thereafter until and unless either party hereto gives the other not less than one-hundred eighty (180) days notice in writing ofits desire to terminate the Agreement at theend ofthe then current term.

17. MODIFICATION AND ASSIGNMENT. This Agreement shall not beabrogated, changed, or modified without the written consent of both parties. ThisAgreement may not be assigned, transferred, or pledged by either party without the otherparties' written consent.

18. GOOD FAITH. Each ofthe parties hereto does herewith agree to take suchaction and forebear such actions as agreed necessary to carry the meaning and intent ofthis Agreement and all ofits terms and conditions.

19. DEFAULT. Neither party shall declare the other in default ofany provisionsofthis Agreement without giving the other party at least ten (10) days advance writtennotice of intention to do so, during which time the other party shall have the opportunityto remedy the default. The notice shall specify the default with particularity.

20. DISPUTE RESOLUTION. All personnel ofthe SUPERVISOR and CITYare expected to cooperate to assure the highest level of service and efficiency for thecitizens. In the event that there is an operational or procedural conflict between thepersonnel of the SUPERVISOR or CITY, the dispute shall be resolved between theSUPERVISOR, the City Manager, and the Mayor.

21.NOTICE. All notices, demands, and other writings required under thisAgreement shall be deemed to have been fully given or made or sent when (i) mailed inwriting and deposited in the United States Mail, postage pre-paid, and addressed to theparties at the addresses noted in this Agreement or (ii) delivered by nationally recognizedcourier, receipt of recipient acknowledged by signature. Any notice or disclosuresrequired under this Agreement and any changes to addresses shall be made in accordancewith this notice provision. Notices shall be sent to:

Supervisor ofElections20 N. Main Street, Room 165Brooksville, Florida 34601

City of Brooksville201 Howell AvenueBrooksville, Florida 34601

22. HOLD HARMLESS. The CITY will be held harmless from any adverselegal or fiinancial actions, or liability resulting from or incident to any of theSUPERVISOR'S activities under this Agreement.

{00149424} 4of6


23. DISCLAIMER. Other than the covenants and performance contemplatedherein, neither party has made promises, representations or warranties. It is expresslyacknowledged and agreed that the temis and provisions of this Agreement are for thebenefit ofthe parties hereto.

24. PARTIES BOUND. This Agreement shall be binding upon and inure to thebenefit ofthe parties hereto and their respective successors, heirs, and assigns.

25. WAIVER. No waiver or estoppel as to or against any party shall result fromany failure to exercise or enforce any right or power hereunder, save only to the extentnecessarily implied as to the particular matter directly concemed and then only for timebeing with respect thereto, and not in any way as to the fature or as to any other matter.

26. SEVERABILITY. Whenever possible each provision and term of thisAgreement will be interpreted in a manner to be effective and valid but ifany provisionor term ofthis Agreement is held to be prohibited or invalid, then such provision or termwill be ineffective only to the extent of such prohibition or invalidity, withoutinvalidating or affecting in any manner whatsoever the remainder of such provision orterm or the remaining provisions or terms ofthis Agreement.

27. ATTORNEY'S FEES. If any action is commenced to constme or enforcethis Agreement or the rights and duties created hereunder, then each party shall beresponsible for its own attomey's fees and costs.

28. GENERAL. The parties agree to sign all such documents and do all suchthings as may be necessary or desirable to completely and effectively carry out the termsand conditions of this Agreement. Time shall be of the essence of this Agreement. ThisAgreement constitutes the entire Agreement among the parties and supersedes all prioragreements, whether oral or written. Paragraph headings are provided as anorganizational convenience and are not meant to be construed as material provisions ofthis Agreement.

29. GOVERNING LAW. AI1 questions, issues or disputes arising out ofor underthis Agreement, shall be govemed by the laws ofthe State ofFlorida without regard to itsconflicts of laws principles. Any action or proceeding seeking to enforce any provisionof, or based on any right arising out of, this Agreement may be brought against any oftheparties only in the County or Circuit Court in and for Hemando County, Florida or U.S.District Court for the Middle District of Florida, Tampa Division, Hillsborough County,Florida and each ofthe parties irrevocably consents to the jurisdiction of such court (andof the appropriate appellate courts) in any such action or proceeding and waives anyobjection to venue laid therein. Process in any action or proceeding referred to in thepreceding sentence may be served on any party anywhere in the world.

(00149424) 5of6


IN WITNESS WHEREOF the City of Brooksville and the Hemando CountySupervisor ofElections have respectively signed this Agreement and caused their seals tobe affixed and attested as ofthis day and year first above written.

SUPERVISOR OF ELECTIONSJNTY, FLORIDA

CITY OF BROOKSVILLE

%/z-x— ^^7 "' ^J Siefiature

Annie D. Williams

Siâture

Joe BemardiniPrinted Name

Supervisor ofElections

Printed Name

Mayor, City CouncilTitle

Date/^/^/6}y

STATE OF FLORIDACOUNTY OF HERNANDOSubscribed and sworn before me by,Annie D. Williams, Supervisor ofElections, who is personally known tome, gn this '^c{ day of i4ovemfce/,

SSî.MdC—,Pfotary Public\ j ^lC^n'J Wlill^tfyfy CommissionExpires: 4- 1 ci- ZQ 13Seal:

<P""-P.% SHERRIJ.WR11AMS*^t&^. r MYCOMMISSION»D0881S59^SSy^ EXPIRES: April (9,20)3

^wfi^ 8<m<WTt]niBix)gdNolafyS«Wtt

Approved as to form for the reliance ofthe Supervisor ofElections.

Seal

&J^<'^<-/a^1 ^

City Clerk,

Approved as to form for the reliance ofthe Cftv ofBrooksville.

ûnfpAtto)

^^ c o^^'()âs S. Hcfghfi, Jr., Cit^ Atôrney

1:"WP WOKK ClcrkOmcc AGKI:1; Muiiiciiwl Elulron.s Agrmncnl.doc

(00149424) 6ul'6


City of BrooksvilleOfficeoftheCityClerk

Phone: (352) 540-3810Fa.<: (352) 544-5424

June 17, 2019

Ms. ShirleyAndersonSupervisor of Elections20 N. Main Street, Room 165Brooksville, FL 34601

Subject: Revision to Municipal Elections Cooperative Agreement

Dear Shirley;

This will confirm action taken on June 17, 2019, wherein City Councilapproved the First Amendment to the Municipal Election CooperativeAgreement.

Attached are two originally signed agreements. Please have these execute^and ensure that one original is returned to this office at your earlie^convenience.

Should you have any questions, or need any additional information, pleasedo not hesitate to contact me at the above number or [email protected].

Sincerely,

rhifer J. (BattisCity Clerk

Enclosurecc: Mark Kutney, City Manager

lj<-\.Ul)J^JJik"\CluLOjriuLV.^.tes|miujMici-V.Mt£a.2fll^:FciuamiluLI.^UL&]pca-lM]Lfl~ Bruoksvilfc, f-1. .M601

M?lJ


FIRST AMENDMENT TO MUNICIPAL ELECTIONSCOOPERATIVE AGREEMENT

THIS AMENDMENT is to that certain Municipal Elections Cooperative Agreement, by

and between the Hemando County Supervisor of Elections ("Supervisor") and the City of

Brooksville ("City").

WITNESSETH

WHEREAS, the I\4unicipal Elections Cooperative Agreement ("Agreement") has been in

effect since 2009; and

WHEREAS, the Agreement provides that the parties may by mutual consent amend the

terms and conditions ofthe Agreement as needed; and

WHEREAS, the proposed amendments to the Agreement contained herein are in the best

interest ofthe public and the residents ofthe City ofBrooksville.

NOW, THEREFORE, in consideration of the foregoing, and the premises and the

promises, covenants and agreements herein contained, and of other good and valuable

consideration, the receipt and sufficiency of which is hereby acknowledged by the parties the

City and the Supervisor agree as follows:

1. The City agrees to not schedule final adoption ofan ordinance to annex developed

residential parcels into the jurisdictional limits of the City no sooner than 60 days prior to the

next regularly scheduled election or at a special election called for the purpose of holding the

referendum.

2. Language to be placed on an election ballot shall be submitted to the Supervisor

in final form no later than the deadline for candidate qualification, except in 2024 and every 6

years thereafter when the City Charter is reviewed. If a Charter revision is recommended by the

Charter Review Committee, the Council, no later than the first regularly scheduled meeting in June of the

review year, shali by a majority vote of the entire Council, determine whether or not to submit ballot

language to revise the Charter by referendum vote at the next scheduled election, or a special election

called for that purpose." The deadline to provide bailot language to amend the City Charter to the

Supervisor shall be a date to be agreed upon by the City and the Supervisor.

3. Any ballot language submitted must be in English and Spanish.


4. If the ballot language tbr a proposed amendment to the City Charter causes the

remainder of the ballot to exceed one page, the City agrees to reimburse the Supervisor for the

additional cost to print the ballot.

IN VVITNESS VVHEREOF, the parties hereto have executed and delivered this

instrument on the day and year indicated above and the signatories below to bind the parties set

forth herein.

CITY OF BROOKSVILLE, FLORIDA

l^By r^^^l^-1^-Y

William Kerp^r, Mayor

Da>e: (o-l/n-l^

Approved as to form:

F^ncy^tupari^, Vose Law FirmCity Attorney'

ATTEST:

^A

^'

HERNANDO COUNTY SUPERVISOR OF ELECTIONS

.//',

By:_^

PrintedName: <^k.>-A^-< iKi^/".-- s<:

Date: ('c- ^ ^}

:--,/'\

Approved as to form:

By:_ "bimTy'TUtbrney


BALLOT TITLE AND BALLOT SUMMARY



DE LA CIUDAD

i.SE ENMENDARA LA SECCION 2.15 (A) DE LA CARTAORGANICA DE LA CIUDAD DE BROOKSVILLE PARAINDICAR QUE CUALQUIER TRANSFERENCIA DEFONDOS APROPIADOS DENTRO DEL PRESUPUESTODE UN DEPARTAMENTO DE LA CIUDAD REQUIERE LAAPROBACION DEL CONCEJO MUNICIPAL?

SiNo


City CouncilAGENDA ITEM:March 2, 2020

EM:

34AGENDA ITEM

MEMORANDUM

TO:

VIA:

FROM:

HONORABLE MAYORAND C1TV COUNCIL MEMBERS

MARKA. KUTNEY, CITY MANAGER

STEVE GOULDMAN, AICP, C1TY PLANNER

SUBJECT: RESOLUTION 2020-04 - DANIEL PRITZ, DBA MOUNTAINEERCOFFEE ALCOHOLIC BEVERAGE PERMIT

DATE: FEBRUARY 7, 2020

CITY MANAGER RECOMMENDATION:After accepting public input, it is recommended that City Council find that the petitionmeets the criteria ofArticle II and Article IV ofthe City of Brooksville Land DevelopmentCode for receivlng a 2-COP Alcoholic Beverage Permit and approve Resolution 2020-04.

REPORT IN BRIEF:This request is for an Alcoholic Beverage Permit to allow for the sale ofbeer and \\ane forconsumption on and off the licensed premises located at 26 South Broad Street andidentified by Hernando County Property Appraiser Parcel Key Number 140699.

DISCUSSION:The petitioner, Daniel Pritz, dba Mountaineer Coffee, seeks a 2-COP Alcoholic BeveragePermit to allow for the sale of beer and wine for consumption on and off the licensed

premises. The subject property is zoned C-2 (Highway Commercial) and the use ispermitted in the C-2 District. The request therefore meets the criteria of Table 2-2 ofArticle II and satisfies the application criteria ofArticle IV ofthe City of Brooksville LandDevelopment Code.

FISCAL IMPACT:Costs for processing 2-COP alcoholic beverage requests are offset by the applicableapplication fees. Annual revenue received by the City vvill be determined by the type ofalcoholic beverage license purchased through the State.

CONCURRENCES:Autumn Sullivan, FinanceVose Law Firm, City Attorney

ATTACHMENTS:i. Concurrences2. Draft Resolution 2020-043. Alcoholic Beverage Permit Application



Name (Autumn Sullivan


Agenda Subject: (i.e. Art jResolution No. 2020-04 - Alcoholic LicGallery Coordinator)


Questions/ Comments



Agenda Subject: (i.e. Art |Res - Alcoholic Bev location-Mountaineer|Gallery Coordinator)

Approval yes or no | V€;

Questions/ Comments^vl^c^ OUAC^ 0<P

^^DL/^£^.o-S

4o-Qyy^ CXA^A le^<^

^LU^^^'e'^-''- 9^ "

Name Nancy Stuparich, City Attorney

Date of Meeting 3/2/20


RESOLUTION 2020-04

A RESOLUTION OF THE CITV OF BROOKSVILLE,FLORIDA, APPROVING AN APPLICATION TOALLOW THE SALE OF BEER AND WINE FORCONSUMPTION ON AND OFF THE LICENSEDPREMISES (2-COP) FOR PROPERT^ IDENTIFIEDBY HERNANDO COUNT^ PROPERTy APPRAISERKEY NUMBER 140699 AND LOCATED AT 26SOUTH BROAD STREET, .BROOKSVILLE,FLORIDA; AND PROVIDir^tfOBî^FECnVEDATE.

WHEREAS, the owner ofthe busines^Number 140699 Brooksville, has applied forconsumption on and offthe above described pro,|

|%^^^dStreet,(ParcelKeyIsion to'^l^beer and wine formd

WHEREAS, Article IV, Section^^9.C ofDevelopment Code requires that an ap^^^R^fcr permS

îty of Brooksville's Land,to sell beer and wine for

consumption on and offthe licensedînises^^ be to City Council andconsfdeTeTforTpprovalbyTesolut^^^^^

WHEREASthis resolution topremises at

^^finds that this Resolution is not in conflict orincons^^L with the Cit}^^)oks^^^dopted Comprehensive Plan; and

>, Council^^ônside^H

any objections made to permit the sale andconsumptioi^lêer and wine ^She licensed premises at the subject location.

NOW, THEREF<UE. BE ]SRESOLVED BY THE CIT^ COUNCIL FOR THECITY

SECTION l This T^plication meets the applicatlon criteria contained in ArticleIV, Section 4-8.9.C ofthe City of Brooksville's Land Development Code.

SECTION 2 This application to permit a 2-COP license for sale of beer and vdnefor on and off premise consumption for the property located at 26 South Broad St.(Parcel Key Number 140699), Brooksville, Florida, is hereby approved.

SECTION 3 This resolution shall be effective upon adoption by the City Councilofthe City of Brooksville, Florida.

Page l of 2


ADOPTED in regular session this 2nd day of March 2020.

C1TV OF BROOKSVILLE

RESOLUTION 2020-04

Attest: By:Jennifer J. Battista, CMCCity Clerk

Joe BernardiniMayor

APPROVED AS TO FORM FORTHE RELIANCE OFTHE ClTY OF BROOKSVILLE ONLY:


VQTE^F COUNCIL:

iBattista13ErhardIKemerer SViqe Mayor BraytonMayor^Bernardini

Page 2 of 2


CITY OF BROOKSVILLE

ALCOHOLIC BEVERAGE USE PERMITAPPLICATION

Land Developinent Code; Article IV

Permit Type (check one):

[^ On-site premise consiimption; presented to City Council by Resohition.

[ ] Off-site pj'emise consiimption; administrative review only.

[ ] Temporary event permit; administrative review only.

License Classification:

Business Location: ^^>,

^(0^(;{ ^-K ^COC^S\i\\\-C; FL

Legal Description: SubdMsion. Lot Block

[ ] See Attached

Applicant Information:

[Âpplicant

Name:

licantWD:îP;,l-

d/b/a: ^c-^k'^t^ CQ ^

Address: ^ ^ f^r^J ^l-,

k^'îl^ ^ ^4o{Phone: 56-^-^^-^"1^

-^

[ ] Property Owner *

Name: ^ JoA. /(o-><»~-<-

d/b/a: ^M ^[cj F^:|^ P^^^fAddress: Â-fcs&ZAL-ô^l^ Fz. zô^

Fax:

Phone: Z?TZ-^^-^^^

Fax:

Email: <^<^.c<< fc^ iô,^^l~&: t~<.<-^£>iri<i& - ^•-^ Email:'iO&viA'ô^

^J >^<-o\e&(^<iô'^\l<s.<-J. <^>A^

*Ifthe applicant is not theproperty owner, submit a written consentfrom the owner alongwith this application.

[</] Written consent from propei-t}7 o\\Tier attached, ifapplicable. [ ] Not Applicable

[Âppli^[ ication Fee in the amount of $100.00 attached. (Per Res. 2018-01)

Page 1


Applicant's Statement:

I certijy that I have not been convicted of any felony imder Florida law or the laws of the

United States; that I have not been convicted of any misdemeanor relating to prostitvition,obscenity, miisance, indecent exposure, disorderly conduct, or gamblmg; and that I have not

previoiisly had a licensefor the sale ofalcoholic beverages revoked by Florida's Department

of Business & Professional Regulation, Division ofAlcoholic Beuerages and Tobacco.

^^7P.,J /);kApplicant's Name (Print or Type)

Jz-l^

Applicant's Signat&re

Date

APPOINTMENT OFAGENT

STATE OFFLORIDAcovm^w.HESlw{DO^'^»^^^.^.^ .^^^.r-

I, ^^ ^î-f L^rfT^ ^fir^^^P_^ the o^'ner(s) in fee simple of the belowdescribed real property hereby appoint P^r^- f^-ri___as my(our) agent to file required petitions, sign required documents, make representations as toissues of fact and to appear, as may be necessary, before the appropriate City of Brool<s\dlleauthority. My agent shall also have the authority to commit myself as ov\Tier to the necessaryfiitiire performance conditions as may be directed by the appropriate City authority as acondition ofgranting my petition.

Property Address: s^^7Îwp^^r'^tw)^1li2'ftwlw ^^' ^C^j(^l)e^Wp^s^ pftiî^'fiiîTy^ {'fi'A-rî^'fifi^W Mi^^îôtpf/vn,^^, iif erê'r^^'ftthir^r^

^.. ^MA^£(/J^- i\^\7^

Signature ofOwner Jo^S/w î. t^/KwO, J/i ^ /? //^^/wr Date

STATE OFFLORIDACOUNTyOFHERNANDO

Sworn to (or affirmed) and subscribed before me by means of_^__ physical presence oronline notarization, this SQ4h day o/_ Jo.ntÔL.rci , 2020, by

M. YtWLSo^ vjr._, who is^rsonalhi knoisw^to me or who hasproduced___^^ ^^ ^ ^qsj^zî&aô^

>ÂA^ ^

Notary Public Stata o( FloridaSusan J. CribbsMy CommiMlon 00 3S4937Expirea 07/20/2023

Signature ofôfary Public^5U6cL^';j~ C^-'Cbbs'

Ms^SfWb1

Ifyou have any qiiestions concerning this application, please contact the City of BrooksvilleCommumty Development Department at (352) 540-3810.

Page2


FOR DEPARTMENT USE ONLY

Administrative Review (for qff-site premise consumption or for temporaryevent):

I have reviewed the aboue application for an Alcoholic Beverage Use Permit and havedetermined that it meets all reqiiirements ofArticle IV, Part4-8, ofthe City Code.

Administrator's Name (Print or T}?pe) Administrator's Signature

Date

Council Revieiu (for on-site premise consumption only):

City Council hearing date:_ Resolution No.

Council Recommendation: [ ] Approve [ ] Approve \\ith conditions [ ] Deny

F:VBgeig\Alcoholic Beverage I.ocation PermitsVAlcoholic Beverage Usc PemiitApplication (March 2012).doc

Page3



City CouncilAGENDA ITEM:March 2, 2020<

H^TO:

VIA:

FROM:

HONORABLE MAYORAND CIT^ COUNCIL MEMBERS

MARKA. KUTNEY, CIT^MANAGER,

STEVE GOULDMAN, AICP, CITY PLANNER

)UNCIL MEMBERS,

^^LA^SUBJECT: RESOLUTION 2020-05-WOOD DMVE NAME CHANGE TO

PASTOR IRENE WELLS WAY

DATE: FEBRUARY 21, 2020

CITY MANAGER KECOMMENDATION:The City Manager recommends that City Council deny the request to rename WoodDrive to Pastor Irene Wells Way.

REPORT IN BRIEF:At the December 2, 2019 meeting, Mr. Lester White made a presentation to the CityCouncil proposing the renaming of Wood Drive to Pastor Irene Wells Way. City Councilmembers took action directing staff to look into the proposal to rename Wood Drive. Atthe January 6, 2020 meeting, the City Council provided direction to staff to moveforward in sending the draft Resolution to all affected parties concerning the road namechange and advising that the Resolution to change Wood Drive to Pastor Irene WellsWay will be considered by the City Council at the March 2, 2020 regular meeting.Notification of the prospective name change was sent to all impacted property ownersand addressees on January 8, 2020. Samples ofthe letters are attached.

DISCUSSION:Wood Drive extends east from its intersection with Union Street to its termination at itsintersection with Klngs Circle. There are 28 individual parcels v\dth Wood Driveaddresses. Ofthe 28 parcels, 27 contain single family dwellings and i is developed with achurch.

The Hernando County Property Appraiser's Addressing Office submitted the followingfindings/concerns with the name change proposal:

• Comparing the proposed roadway name of Pastor Irene Wells Way to the currentHernando County roadway index, there are no other roads v\dth that name andthe name doesn't appear to be in conflict with any existing or reserved roadwaynames at this time.

• The character length, including spaces, for the roadway name is 22. Our recordsindicate that the City has a 20 character limit.

In an emergency, it might be difficult or confusing to express a street name ofthislength and number ofwords.


Wood Drive Name ChangeMarch 2, sosoPages

On January 6, 2020, Mr. White provided staff with a petition identifying individuals insupport of renaming Wood Drive to Pastor Irene Wells Way. The petition contained thenames and signatures of 57 individuals representing 41 addresses, 16 of which areproperties on Wood Drive, 13 that are properties on Mae View Circle and Kings Circleand 12 representing addresses elsewhere in City and Hernando County. One of theindividuals who signed the petition is a Wood Drive resident who subsequently sent aletter to the City indicating she no longer supported the proposed change. In addition tothis letter withdrawing support, as of February 21, 2020 the City received letters ofobjection to the name change from an additional five individuals who indicate theyreside at a Wood Drive address.

Utilizing parcel information provided by the Hernando County Property Appraiser, thepetition submitted by Mr. White and the letters of objection received, staff can verifythat 15 of the households associated with a Wood Drive address support the proposedname change and 6 are in opposition. No support or objection was received from sevenhouseholds associated with Wood Drive addresses.

BUDGETIMPACT:The Department of Public Works provided a cost estimate of $300.00 includinghardware and labor to update existing City street signage on Wood Drive (3 new signs x$100.00). Other administrative costs associated with the road name change include thenotifications that were sent out to the property owners and addressees impacted by theroad name change (including all property owners and rental lease holders), andprocessing of the Resolution that is the legal instrument used to affect the road namechange.

LEGAL REVIEW:The City Council has Home Rule Authority [Art. VIII, 2(b), Florida Constitution andSection 166.011, Florida Statutes] to consider matters of fiscal and intergovernmentalbenefit. Also, pursuant to Section 74-93 of the City's Code of Ordinances, the CityCouncil has the authority to change names of streets within the City's jurisdiction byResolution.

ALTERNATWES:As one alternative, City Council can approve Resolution No. 2020-05, renaming WoodDrive to Pastor Irene Wells Way as requested.

Another alternative would be for City Council to direct staff to draft a Resolution for theMarch 16, 2020 meeting recognizing Wood Drive as a memorial to Pastor Irene Wellsand, at that time, direct the Public Works Department to update the existing streetsignage to add a sign plaque above the Wood Drive sign that also identifies the street asPastor Irene Wells Way. No formal name change to Pastor Irene Wells Way wouldoccur. The cost estimate provided by the Public Works Department for this alternativeis $300.00 including hardware and labor (3 new signs x $100.00). A street sign similarto that proposed above is attached.


Wood Drive Name ChangeMarch 2, sosoPages

CONCURRENCES:Autumn Sullivan, FinanceVose Law Firm, City AttorneyJon Dowler, Public Works

ATTACHMENTS:1) Draft Resolution No. 2020-05 with Exhibit "A," Map ofWoodDrive2) Sample letter sent to property owners/residents3) Petition to rename street4) Letters of objection5) Example alternative street sign





Agenda Subject: (i.e. Art |Rename Wood Dr. to Pastor Irene Wells ^jGallery Coordinator)


Questions/ Comments



Name jNancy Stuparich, City Attorney


Agenda Subject: (i.e. Art |Res - Rename Wood Dr. to Pastor WellsGallery Coordinator)

Approval yes or no | V^,<s

Questions/ Comments^-^^d^d }\^^ ^^ W<>.^^.l-et|

^YC L^ Cmwî ^5 Û^ CLU^^^Î

Ô-IZE.K^\U'^ êô^m^tÛ^ ac-t

^



Name IJon Dowler


Agenda Subject: (i.e. Art |Rename Wood Dr. to Pastor Irene Wells ^|Gallery Coordinator)


Questions/ Comments


RESOLUTION N0. 2020-05

A RESOLUTION OF THE CITY OFBROOKSVILLE, FLORIDA, RENAMING A

CITY OF BROOKSVILLE STREET KNOWN AS"WOOD DRIVE" TO "PASTOR IRENE WELLS

WAY"; AND PROVIDING AN EFFECTIVEDATE.

WHEREAS, the City CouncU of the City of Brooksville has de^rn-Lined to rename a streetknown as "Wood Drive" to "Pastor Irene WeUs Way", to hon^^^r

^^^^)ney-WeUsand her

legacy as a long-time Pastor who successfully impacted s<^!hany in ^^^pmmunity with hermessage of Love and Service; and

WHEREAS, Pastor Irene Coney-WeUs was born Ma^Coney in Swainsboro, Georgia; and

R4,,o,he-1^^|dAgnes

WHEREAS, on February 14, 1962 Pastor Irene Coney-WeUs^^êd tê love of her UfeMinister Riley Wells, Jr., and was a citizen of the City ^^teg on Wood I^^^^^ver 55 years; and

WHEREAS, Pastor Irene Coney-WeUs ^tored ,^^ând©Ce€nty for aknost 40 yearsand led a prayer outreach on Twigg Street in BroQ^^lle ^r ovS^^^rs; and

WHEREAS, Pastor WeUs was tj^residing^^r^te

superintendent and community

pastor for her church denominadon f^^fa|ny years; andl

WyREAS, Pastor Iren^^^ was re^^gnized by the City of Brooksvme, Florida receiving

a key to^^îty and, after her pas&^ôn January 21, 2017, a proclamadon honoring her was givento °"February ^)17; and,J

WHEFt^^pursuant to ^rion 74-93 of the City of Brooksvme Code of Ordinances, theCity is vested witK^^^^thority^clesignate and name streets; and

WHEREAS, WSS^venue, faom its intersecdon with Union Street to its' eastern terminus,as idendfied in Exhibit Ûes totaUy within the City of BrooksvUle's corporate Umits; and

//'

WHEREAS, the City has provided nodce of the proposal for renaming the street to thosecidzens who reside on or own property located on the affected street; and

WHEREAS, the City desires to rename "Wood Drive" to "Pastor Irene WeUs Way" tohonor her Ufedme accomplishments and impact on the many people in our Community who cameto know aad love her.


NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF BROOKSVILLE, FLORIDA, that:

SECTION 1. RENAMING. To the extent that Wood Drive Ues within the City's corporatelimits and is accurately portrayed in Exhibit A, the street name of Wood Drive, from its intersecdonwith Union Street to its' eastern terminus, shall be renamed Pastot Itene Wells Way.

SECTION 2. DIRECTION FOR DISTRIBUTION. The City Clerk is hereby directedto update the official map of the City to show the new designadon and to furnish a copy of thisResoludon to the Hernando County Property Appraiser's Addressmg^Division, the U.S. PostalService and the Clerk of the Circuit Court for Hernando Count^

SECTION3. CONFLICT. Any prior resoludo^ or poUcjinconsistent with the provisions of this resoludon is heJmconsistency.

SECTION 4. SEVERABILiry. If any provision^f tB^||filudon or the appUcadonthereof is held invalid, such invalidity shaU not affect the other provisi6<^^^|pplicarions, and to thisend, the provisions of this resolution are hereby declar|^^^^rable.

SECTION 5. EFFECTIVE DATE.^s resc^^^aUjbe fubUshed and posted as

made and provided by the Charter of the City of^pok^Ue,^^^fandshaU take effect at 12:01a.m, AprU 3, 2020.

ADOPTEDtUs 2nd dayof 1.^2020.

CITY OF BROOKSVILLE

Med to^^»extenttof such

Batdsta, City

APPROVED"^

OF THE crrv

'ORM FORifHE RELIANCE

Joe Bernardlni, Mayor

VOTE OF CITY COUNCIL:Council Member BatdstaCouncil Member ErhardCouncil Member KemererVice Mayor BraytonMayor Bernardini



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EXAMPLE

City OfBrooksvilleCommunity Development Department

William "Bill" Geiger, Director

January 7, 2020

Residento Wood Dr.Brooksville, FL 34601

Dear Resident:

This letter is being sent to you in regard to your interest as a propei-ty or leasehold owner of landadjacent to Wood Drive. The City Council of the City of Brooksville is considering the renaming ofWood Drive to "Pastor Irene Wells Wav."

The Brooksville City Council will consider the adoption of a Resolution to make this road namechange at 7:00 p.m., on Monday, March 2, 2020, at the:

Joseph E. Johnston, III Council Chainbers201 Howell Avenue, Brooksville, Florida 34601

As an interested party, you may wish to appear to express your perspective on the road name change.If you wish to forward any written comments or concerns, please provide them to our office byJanuary 18, 2020.

Ifyou desire additional information in the interim, you may contact me at(352)540-3810.

Sincerely,

Bill GeigerCommunity Development Director

Attachment: Draft Resolution & Location Map

201 Howell Avenue, 2nd Floor, Brooksville, FL 34601-204rTelephone: 352.540-3810- Facsimile: 352.544.5429Website: www.cifrvofbrooksville.us


&<drLbiA.ô) o^-f-'p/3/^,

tfGreat Brooksvillian" nr^

Someone fhat has made The City of Brpoksville Commmuty a Better Place to Uve.

Date ofSubmission:

1. Name ofNom.inee -

NOMDiATION FORM(Please type or priflt dearly in black ink)

^/^/^/^

fft^r ^•€^^ x-'/z'^^^ 'iû-S.le ofNommee

Contact information for the person that is nominating the Great Brooksvillian:

^^ ^/^ /?^^ 3/^^ ^7/^/^Name

Tetephone/Cell No. J^- ^'i>8Âddre^s

Fax No:^f.^7^f-+eg"^.^^^ô^

Email address (If available): Wff}>j ^hce^ n)//)^ €6/7)

Photo Included? Yes.

2.

. No_ (Optional)^r

Why are you nominatinjg this person? ^, _ ,

fildcr ire.^ ^k(U~ ke^ ^w^^ /^//J^/^/—r—7^<f Sp/^/na^ .^f /^^fc^. <Sf?e( n/a^ ^^ ^^!

M/M^^ ^mi^-hf ^ ^ C^^^{^f^^--_(^Â^ê/_)//€/' //^^^s ^4f/ ^ ^ ^M^^'<! €>-/'- re^^/6^^.Sac^^c^ /€<?/-^&Se^ G>^ C(3>/cr~, /^^~o^/^M^

^ fl'C^//^)l/'Q-

T^ <5'^/V<? Q-êfs'3. Did the contributions of this nominee also benefit outside the City of Brooksvilte?

Ifso.how?^^^^^ ^^ ^^ ^

Retum the Completed Nomination Form to:City of Brooksville

Attention: Deputy City Clerk201 Howell Avenue

Brooksville, FL 34601<t::^,~--

Pag e |4 of4

HABoards and Committees by Calendar YeartGreat Brool<svil]Ian\2019\NewApplIcation\Nomlnation hisbuctions and Form updated 2.26.2019.docx

^


12/2/2019 Community say goodbye to beloved Rev. Irene Wells

Unic^ADVERTISEMENT

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NEWS

Community say goodbye tobeloved Rev. Irene Wells

Irene Wells performs a gospel song during the NAACPS#8217;s celebration of Dr. M.artin Luther King Jr. Day at Kennedy Park inBrooksville in 2009.

By Gail Hollenbeck, Times Correspondent

PublishedFeb.8,2017

BROOKSVILLE - The Rev. Irene Wells was well loved. Every seat was filled


12/2/2019 Community say goodbye to beloved Rev, IreneWells

^ampBay^imcsiOn Jan. 28, there was standing room only at the service at Grace WorldOutreach Church, presided over by Bishop Alvin Stewart. Mrs. Wells' son,Lester White, gave the eulogy, and son-in-law Willie Adkins spoke words ofcomfort to Mrs. Wells' family and friends.

"When we pulled in, the church was already packed," sa^d Marciis Wells, 33, a

grandson who was reared by Mrs. Wells and her husband and fellow ministerof 54 years, Riley WeUs Jr. "There were 1,500-plus people waiting for us to getthere. There were people who had to stand outside."

Login

The evening before, a wake and viewing was held at the church JVIrs. Wells

pastored in Hernando County for almost 40 years, New Jerusalem Church ofGod Twin Lake. Mrs. Wells also pastored New Jerusalem Church of God inChiefland, preachmg two Sundays at each church every month.

Marcus Wells said there were about 500 people at the wake.

Hemando SheriffAl Nienhuis attended at the invitation ofWells' grandsonand while there was asked to speak a few words ofencouragement.

"There were a lot ofgood people who were hurting," Nienhuis said. "They're

going to miss her, and she cared very deeply about the souls in hercommunity, so it was the veiy least I could do."

The response was positive, which was uplifting to hun, Nienhuis said.

"It was definitely a celebration oflife. I think everybody in the church wasconfident that she was going to be with her Lord," he said.

Wells confirmed that sentiment, saying both services were a time of rejoicingthat his grandmother is in heaven.



®am))al?aiyi®imc^ Login

taught us to love people and told us the way you treat people will go a longway and gef you far in life." .4

Wells earliest memoiy ofhis grandmother is ofsittmg next to her in the car asthey traveled to Chiefland to conduct church services there.

"I used to be the smaUest thing in church, Wells said, laughing. "I sat right -

beside her, traveling to different conferences and such."

Along with pastoring two chiirches and rearing her children and a grandson,Mrs. Wells was the presiding elder for her denomination in Pasco, Orangeand Gadsden counties and the state superintendent for Florida, Georgia andAlabama. She was named the community pastor of Hernando and Levycounties. For more than 40 years on Tuesdays, she led an outdoor prayeroutreach on Twigg Sti'eet in Brooksville.

She is survived by her husband, who will assume pastoral duties at the TwinLal<e church, her son and four daughters, 22 grandchildren, numerous great-grandchildren and a brother.

First Fridays, a gospel presentation at the Brooksville Common each month,dedicated its Feb. 3 event to an old-fashioned gospel concert given in PastorWells' memory.

"She's been such an icon in the comAahity and one who was supportive ofthe

people," said Pastor Dell Barnes, who organized the event. "She'sgiven so

much that I felt we should do something in the open that would really bring



^ampaBayftime^ Login

Wells said those are the words his grandmother livedby.

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"Everything she did in life spoke volumes to many people," he said. "The

quote she most often used was, 'Talk to one another and not about oneanother, because love is what it does.' She always stressed about how to ftreateach other with love."

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(THIS IS HOW IT WAS PROVIDED TO CITY CLERK)

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713 Wood DriveBrooksville, FL 34601352.799.3069

January 13,2020

Mr. Bill GeigerCity of BrooksvilleCommunity Development Director201 Howetl Avenue, 2nd FloorBrooksville, FL 34601-2041

Mr. Bill Geiger:

1 am writing today, as a property owner, to request that my signature in agreement for therenaming of Wood Drive to "Pastor Irene Wells Way" be withdrawn. In haste; 1 signed mysignature without considering the administrative and the logistics ofthe change.

Clearly; Pastor Irene Wells was an avid community supporter and spiritual advisor, notjust onWood Drive but throughout the city of Brooksville and surrounding areas. Similarly; as an initialresident of Wood Drive for over 55 years; many of the residents that have passed on haveearned such honor. As a result and for reasons stated initially; 1 am against the proposedrenaming.

Mrs..Bertha Brown

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City CouncilAGENDA ITE:March 2, 2020 M

TO:

FROM:

VIA:

SUBJECT:

DATE:

HONORABLE MAYORAND CITY COUNCIL MEMBERS

JENNIFERJ. BATTISTA, CITYCLEji

MARKA. KUTNEY, CITY MANAGER

REQUEST TO INSTALL FENCE AT OLIVE STREET CEMET^RY

MARCH 2, 2020

C1TV MANAGER RECOMMENDATION:Motion to l) approve replacing and installing a new stockade fence along two sides of Olive StreetCemetery to be paid for with funds donated to the City by Lynn Wade, property owner and 2)authorize White Fence Company to obtain any and all needed permits to install the fence and 3)authorize City staffto maintain the fence once installed.

REPORT IN BRIEF:The City has had a request from Lynn Wade, property owner at 61 Olive Street, to remove the existingpicket fence (which is on City property) around two sides ofthe Olive Street Cemetery and replace itwith a six-foot stockade fence.

DISCUSSION:On December 31, 2019, the resident who lives at the Olive Street Cemetery property, requested theCity Manager to consider allowlng her to replace the current picket fence, located on City property,which goes around nearly two complete sides of the cemetery. The fence is old, but not historic innature, and is in bad shape, with the pickets (boards) falling down and exposing nails. Although noton her property, Ms. Wade has constantly been nailing up the pickets as they fall down.

Since the proposal involves City property, the City Manager referred it to the Cemetery Committeefor their review. At their meeting on January 29, 2020, the Cemetery Committee recommendedapproval ofthe installation ofthe fence. However, in the presentation at the meeting, it was not clearthat the fence would be on City property. In fact, the exact motion included language that it wouldbe "on her property".

Therefore, the City Manager referred it back to the Cemetery Committee for clarification. TheCommittee held a Special Meeting on February 14, 2020 and the following motion was approved:

Motion:Motion was made by Brayton and seconded by Kiiowles to correct the previous motion made at theJanuary 29, 2020 meeting and to accept the current proposal with the understanding that the fencewill be installed on City property, where the current picket fence is now, by Ms. Wade and at that pointin time it would be totally maintained by the City. Motion carried 4-0.

The Cemetery Advisory Committee's recommendation is now being forwarded to City Council forreview.


FISCAL IMPACT:Cost for installation ofthe fence will be incurred by the property owner at a savings of approximately$1,640.00 (quote given by fence company) to the City. Maintenance offence will be done by inmatecrew and cemetery staff during normal course of duties.

CONCURRENCES:

REVIEW PROCESSAutumn Sullivan, FinanceVose Law Firm, City Attorney

ALTERNATF^ES:No alternatives at this time

ATTACHMENT:Cemetery minutes - January 29, 2020 (Includes attachment to minutes

"Request by Ms. Wade dated 12/31/19")Cemetery minutes - February 14, 2.02.0

Page2of23/2/20 Reg Council Agenda Packet

Page 232 of 290


Name JAutumn Sullivan


Agenda Subject: (i.e. Art |Fence at Olive StreetGallery Coordinator)


Questions/ Comments



Name jNancy Stiiparich, City Attorney

Date of Meeting (3/2/20

Agenda Subject: (i.e. Art jOlive Street Cemetery FenceGallery Coordinator)

Approval yes or no

Questions/ Comments

^^

^fl^ fec&mm^v.tc.^ ac^^^^ te^lt/.( s^F^^'^A

r-'~-'


CYTy OF BROOKSVILLE201 HOWELL AVENUE

JOSEPH E. JOHNSTON III COUNCIL CHAMBERSBROOKSVILLE CEMETERY ADVISORY COMMITTEE

MINUTES

January 20,2020 .1:00 P.M.

Brooksville Cemetery Advisory Committee met with Members: Chairman KathleenHudak; Vice Chairman Jan Knowles and Board Members Duane Vann and CouncilLiaison Pat Brayton. Also present were Mark Kutney, City Manager, Jennifer Battista,City Clerk/Recording Secretary, Mike Hughes, Cemetery Sexton and Eric Stokholm,Cemetery Caretaker.

The meeting was called to order by Chairman Hudak at 3:00 p.m., followed by theInvocation and Pledge ofAllegiance.

INTRODUCTION OF NEW COUNCIL LIASIONChairman Hudak introduced Pat Brayton, newly appointed City Council liaison to theCemetery Committee to replace Joe Bernardini.

She introduced Eric Stokholm, Cemetery Caretaker. She advised that Mike Hughes,Cemetery Sexton, would be retiring soon. All Committee members wished him well in hisretirement.

ANNUAL APPOINTMENT OF CHAIR AND VICE CHAIRNomination was made and seconded to appoint Kathleen Hudak as Chairman. No furthernominations were received and Board Member Hudalc was appointed Chairman.

Nomination was made and seconded to appoint Jan Knowles as Vice Chairman. Nofurther nominations were received and Board Member Knowles was appointed as ViceChairman.

APPROVAL OF MINUTESMay 24, 2019

Motion:

Motion was made by Brayton and seconded by Vann to approve the May 24, 2019minutes with the correction to the date at the top (header) ofthe minutes. Motioncarried unanimously.

OLWE STREET CEMETERYReguest from property owner to install fence

Lynn Wade, owner of 61 Olive Street, came forward to present her request to put a 6 footprivacy fence behind her house around two sides of the Olive Street Cemetery, which islocated at 61 Olive Street. [Note: letter and pictures included as part of the minutes to

1


Brooksville Cemetery Advisory Board Minutes - January 29,2020

ensure clarity of issue.] Ms. Wade explained that the old, white picket fence, which shehas been maintaining, currently surrounds most oftv\ro sides ofthe cemetery in her backyard is in bad shape and many ofthe non-pressure washed boards are falling down. Shefelt it was a liability for neighbors and those visiting the cemetery and it was an eyesore.Many Committee members advised they had visited the site and agreed the existing picketfence was in bad shape.

Ms. Wade stated that although she loves the historic site of the cemetery, she would liketo block her view ofthe Cemetery from her bedroom wdndow

Ms. Wade advised that ifthe City would agree to replace the fence and let her put up a six-foot privacy fence, she would pay for it and swap out the picket fence. Her original ideawas to install a vinyl fence in the same place that the picket fence currently exists, whichis not completely around the two sides because there is a large gap for access near the rearof her house.

Council Liaison Brayton questioned if Ms. Wade would be willing to install the fencecompletely on the two sides without leaving a gap. Ms. Wade stated she would be able toif the Committee would allow her to install a six-foot wood stockade type fence since thevlnyl fence is expensive.

Council Liaison Brayton stated that if the fence is built with treated wood, Ms. Wadeshould be able to get ten years out ofit before replacement issues begin. Ms. Wade addedthat she would like to put in a gate where the current gap is for her own access and it couldbe used as an emergency access should the City need it. The current City access point isat the back of the Cemetery at the First Baptist Church Parklng Lot. All board membersconcurred they would not have a problem with her installing a gate or her having accessto the Cemetery. Many agreed a stockade fence would be aesthetically more rustic.

Vice Chairman Knowles questioned if any of the neighbors have objected to the idea.[Note: there was no direct response from Ms. Wade on this question.]

It was pointed out that the City and the Church have keys to the Cemetery gate whichabuts the Church's property.

Motion:Motion was made by Brayton and seconded by Vann to allow Ms. Wade to install astockade fence for the entire "L" shape on her property at her cost.

Vice Chairman Knowles stated that it is her understandlng that this would now need togo before City Council since this Committee is advisory in nature, which Ms. Wadeacknowledged. Council Liaison Brayton did not believe that it did but could bring it upat the next Council meeting on February 3, 2020. City Manager Kutneyvoiced agreementthat it would not need to be approved by Council and that Ms. Wade v\dll nowjust need togo through the City permitting process.

Motion carried unanimously.


Brooksville Cemetery Advisory Board ]V[inutes - January 29,2020

Vice Chairman Knowles reported on the overgrown and unkempt condition ofthe OliveStreet Cemetery. Cemetery Sexton Hughes reported that the City had temporary lost theuse ofthe inmate crew but it had been reestablished and staff and/or the inmate crewwould be working on this soon.

Discussion of installation ofsign /marker on fence (from .c;/24/iQ meeting)Vice Chairman Knowles advised that she continues to work on a historical Statedesignation and she would have more information and that verbiage at the nextCommittee meeting.

GOALS FOR 2020l. Discussion ofpotential need for designated handicapped parldng space at the CemeteryOfficeAfter discussion, it was the consensus ofthe Committee for staffto come back v\dth costsand whether it could be done in-house. Three trees may need to be removed and thatwould have to be done by an outside vendor. Care would need to be taken with the septicsystem located nearby.

Vice Mayor Brayton stated that this will require a Council budget amendment since it isnot included in the Cemetery budget.

2. Discussion of potential need for signage or mirror at north corner of office neardumpster Cdue to visual impairment)The Committee agreed wlth the need for a mirror to be installed on a tree on the northside ofthe building, and perhaps installation ofsome speed signs.

MotionMotion was made by Brayton and seconded by Knowles to get the mirror installed.Motion carried unanimously.

At the request for clarification by the Recording Secretary, it was reiterated that staffwould come back to the committee with costs on the handicapped spaces.

3. General discussion ofpast accomplishments and goals and projects for 2020.No specific discussion.

TREE REMOVAL/TREE TRIMMINGDiscussion of related budget for 2020.

Cemetery Sexton Hughes advlsed on the budget for tree trimming and removal for 2019and 2020 and removal oftrees is ongoing as the budget or necessity dictates. He statedthat each year a portion of the budgeted amount for tree removal is held until the end ofthe fiscal year should the Cemetery incur any hurricane tree debris removal costs. If it isnot needed, the amount is used to remove more trees.


Brooksville Cemetery Advisory Board Minutes - January 29,2020

CITIZEN INPUTThere was no citizen input.

NEXT MEETING DATEApril 15, 2020 at 3:00 p.m.

ADJOURNMENTThere being no further business, Chairman Hudak adjourned the meeting at 3:39 p.m.

s/Jennifer J. BattistaRecording Secretary

s/Kathleen HudakChairman

Approved 2-14-20


Tuesday, Dticember 31, 2019 AGENDA ITEM N0.

Hi Mark. As you know, I've asked a couple of city employees how I mightget permission to replace theold picket fence around the cemetery in back of my house with a new fence and everyone 1 asked saidyou're the person 1 needed to speak to. Unfortunately the meeting about this took ptace before 1 had achance to speak to you. 1 understand that it was concluded at that meeting that the city doesn't wantthe fence replaced because it's "historical looking"... which 1 understand. It's a cute fence. But here'swhat 1 would have said at that meeting:

• That picket fence is so old that it has become a safety hazard. It was built (with the city'spermission, 1 assume) by the previous ownerofthis hoyse, That prevlous owner not onlybuilt thefence with untreated wood and nails but only painted (ie: protected) it on one side (the side hecould see). The fence has now reached the end of Its life and is literally fatling to pieces (I havenailed pickets back up every week for the last two years so I'm intimately acquainted with thepoor shape it's in, lol!). Right now there are three pickets off- one on the ground with rusty nailsfacing upwards - whlch is, not to put too fine a point on it, a lawsuit in the making. Three kids ranthrough here the other day after their loose dog and I cringe to thinlt what might have happened ifone of them had had a run in with those old nails.

• I've been informed by Jan Knowies that a tourist attraction type sign is going to be ptaced on theback gate which will encowage people to look into this prevtously very private and fragile littlecemetery. They will not only be looking directly into my bedroom window, but they'll also see thatthey can access it through my property. I've already had some weird types come through here toget to the cemetery (one put up a video on YouTube about how it's haunted!) and those anclenttombstones unsupervised or protected, which brings me to this point...

• I'm putting up a nice looking privacy fence along my driveway (using a professional, licensed fencecompany with permit) that will run parallet to and just outside the old picket fence. This willdiscourage people from trying to get into the cemetery through here. And even though 1 knewthere was a cemetery there when 1 boiight this place, I'm sure you can understand that it reallywould be nicer to not have it quite SO visible. Frankly, it's sad to look at a cemetery every time yougo outside or look out your bedroom window (and the city stopped maintaining the cemeterymonths ago so it really DOES look sad nowl). Since I'm having this fence put up anyway, andknowing how decrepit the current cemetery fence is, 1 thought it'd make sense to ask if 1 could,instead, put the new fence where the old one is. In otherwords, getthesame permission frorn thecity that the previous owner of this house did - but put up a much better fence.

• A privacy fence - where the picket fence is now - would keep sightseers (attracted by the newsign) from a) Seeing in my window b) Discourage anyone from trying to access the cemeterythrough my property and c) And, again, this Is strictly just for me - provide a much nicer view OUTmy bedroom window.

So there's my case, Mark... 1 hope this clears up what t'm trying to ask the city for: Permission to replace\.the old^ence with a new one. Thanks for your consideration!•\. / ./

f-x-

)' 'L...Lynn WadeLynnV<i/[email protected]

(^ /S>i.^kd-i.

^4Hcl"


Mark. please note that the majority of the cemetery fence is chain link(not historical) and that the picketfence is in pretty rough shape.


My propertyCityproperty[Note: Back wall of houseis ON citypropertyline]

Current pioketfenoeCitychainlinkfence

Proposed newstookadefenoe{Note: ON CITi' PROPERTi']

CURRENT:01 d pichetfenoe is "L" shaped with a gap between it andthe west side chain linkfence

CEMETERYCity

entrance

HORTH ->

Driveway Shedl!

^"^^ftwrt^s^tA.^^^a^^^^f^^^^^ ^^^^•^^^^l^^yes^^^^^^^^^sifci^^^

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Housei.W,

g^

Cityentrance

DrivewayShed


C1TV OF BROOKSVILLE201 HOWELL AVENUE

JOSEPH E. JOHNSTON III COUNCIL CHAMBERSBROOKSVILLE CEMETERY ADVISORY COMMITTEE

SPECIAL MEETINGMINUTES

Februarv 14, 2.02.0 2:00 P.M.

Bropksville Cemetery Advisory Committee met with ^^^mbers: Chairman KathleenHudak; Vice Chairman Jan Knowles and Board M^^^^R Duane Vann and CouncilLiaison Pat Brayton. Also present were Mark Kutn^^^y Manager, Jennifer Battista,City Clerk/Recording Secretary, Mike Hughes, ^^^^Sexton and Eric Stokholm,Cemetery Caretaker.

The meeting was called to order by Ch^^pi Hudak at 3:o^,m, followed by theInvocationa"ndPledgeofAllegiance."

" '^

APPROVAL OF MINUTESJanuary 29, 2020

IVlotion:Motion was made by Brayton andminiites. MotioncanBg

OLWE STREET^ METE]2020RequestfrQ&^gertyc

nn to^jirove the January 29, 2020

- of^tion taken Januarv 20.

at he ^^y, like to clarify the request from property[anuary i9, 2020 Cemetery meeting. It was his

Coundltowner'^J

Bral idvSfc.at ^

underst^^g the cost c^^alli^fc fence will be incurred by Ms. Wade and the Citywouldtake^^maintenan^

City Manager K%^^ advis^^hat the request is to put the stockade fence up on Cityproperty where the^jgren^%ket fence is. The owner would pay for the fence on Cityproperty and it woul^^^^p to the City to maintain it. The Committee couldrecommend approval affirit would then need to go City Council for approval. Heanticipates that this will be on the March 2, 2020 Council agenda.

There was no presentation by Lynn Wade, who was present at the meeting.

Motion:Motion was made by Brayton and seconded by Knowles to correct the previous motionmade at the January 29, 2.02.0 meeting and to accept the current proposal with theunderstanding that the fence will be installed on City property, where the current picketfence is now, by Ms. Wade and at that point in time it would be totally maintained by theCity. Motion carried 4-0.

1


Brooksville Cemetery Advisory Board Minutes - February 14, 2.02.0

Gulf Archaeoloev Research Institute - Chucochatti ArchaeolosicalDocumentation ProiectVice Chairman Knowles brought up for discussion the request by this agency to do anarchaeology dig-type project at the Brooksville Cemetery. It was her understandingthat this request had been denied by Council recently and she thought perhaps it couldhave gone to the Cemetery Advisory Committee first for consideration with arecommendation that would then go to Council. She expressed the desire that it be onan upcoming Cemetery agenda.

Council Liaison Brayton advised that when it came before Council, he was one of theCouncil Members who voted against it. He stated that his concern was the language thatanything found at the Cemetery would not be put back as it was found.

City Manager Kutney advised that when the Gulf Archaeology Research Institute camebefore Council first in April, 2019, their project did not reference the Cemetery. InNovember, 2019, they reached out to Council for consideration to do a project in aportion of the Brooksville Cemetery but they did not provide much detail. Council hassince agreed to listen to the request again and he anticipates that it vA\\ be at the March2, 2020 Council meeting.

Chairman Hudak commended Pat Brayton for his vote against the project and statedthat she did not support the archaeological dig project in the Cemetery. She did notthink the citizens of Brooksville or the families of the deceased buried in the Cemeterywould support it either. It was her understanding that if they found something, theywould go further with the project.

CITIZEN INPUTThere was no citizens' input.

ADJOURNMENTThere being no further business, Chairman Hudak adjourned the meeting at 2:19 p.m.

Recording Secretary

Chairman



City CouncilAGENDA ITEM:March 2, 2020H.AJ

TO: HONORABLE MAYOR AND C1TY COUNCIL MEMBERS

FROM: JENNIFER J. BATTISTA, CITy CLERI

VIA: MARK A. KUTNEY, CITf MANAGER ^

SUBJECT: AMENDED AND RESTATED RESOLUTION 2020-02"BOARD

DATE: MARCH 2, 2020

UTIFICAITON

C1TY MANAGER RECOMMENDATION:Upon roll call vote, approve Amended and Restated Beautification Board Resolution No. 2020-02.

REPORT IN BRIEF:Resolution No 2020-02 (approved January 6, 2020) would be amended to change the compositionof the Beautification Board from seven members to six members to allow for an odd number forvoting purposes.

DISCUSSION:On January 6, 2020, City Council approved Resolution No. 2020-02 to amend the BeautificationBoard's Articles to allow the appointed Council Member on the Beautification Board to be a votingmember. Before this action, the Beautification Board was a seven (7) member board with theCouncil Member deemed a non-voting member. However, now that the position is a voting member,it increases the voting membership to eight, which could result in tie votes. Staffwould recommenddecreasing the composition of the board to six (6) members, with the Council Member making itseven voting members.

Currently, there are two vacancies on the Beautification Board due to a resignation in October, 2019and a resignation in February, 2020. If this amendment to Resolution No. 2020-02 is approved,there will only be one vacancy remaining.

FISCAL IMPACT:No budget impact.

CONCURRENCES: ~

Autumn Sullivan, FinanceVose Law Firm, City Attorney

ALTERNATWES:No alternatives at this time

ATTACHMENT: Proposed Amended and Restated Res. 2020-02Current Beautification Board Membership list



Name |Autumn Sullivan


Agenda Subject: (i.e. Art |Amend Res 2020-02 BBGallery Coordinator)


Questions/ Comments



Name |Nancy Stuparich, City Attorney


Agenda Subject: (i.e. Art |Res - Amending Composition to B BoardGallery Coordinator)

Approval yes or no v/^5

Questions/ Comments^CUL p>^po5<:-^ ^ CD^L^^^T^i ^ ^yiU^C^^-fi^'i^d-.


DRAFTAMENDED AND RESTATEDRESOLUTION N0. 2020-02

A RESOLUTION OF THE C1TY COUNCIL OF THE CYTV OFBROOKSVILLE,FLORIDA,AMENDING AND RESTATINGTHE ARTICLES OF THE BEAUTIFICATION BOARD ASADOPTED BY THE C1TY COUNCIL ON NOVEMBER l8,1985 IN RESOLUTION 85-17 TO ALLOW THE APPOINTEDC1TY COUNCIL MEMBER ON THE BEAUTIFICATIONBOARD TO BE A VOTING MEMBER, TO DECREASE THENUMBER OF MEMBERS ON THE EXECUTWECOMMITTEE, AND TQ FURTHER CLARIFy THE POWERSOF THE EXECUTF^E COMMITTEE; PROVIDING FORSEVERABILIT^, CONFLICTS AND AN EFFECTIVE DATE.

WHEREAS, the Brooksville City Council expressed its support of the efforts ofthe Beautification Board of the City of Brooksville and adopted the articles of theBeautification Board, which were attached to Resolution 85-17; and

WHEREAS, Section 2 of the Articles of the City of Brooksvllle BeautificationBoard provides for the inclusion of Ex-offlcio Members as described in Section 4 of theArticles;

WHEREAS, Section 4 of the Articles of the City of Brooksville BeautificationBoard identifies the participation of a City Council member on the Board, but pro^ddeslittle guidance regarding the powers, duties and the responsibilities of the City Councilmember serving on the Beautification Board; and

WHEREAS, Section s(b) and Section io(d) provide that the ExecutiveCommittee ofthe Board may solicit donations and contributions for the attainment ofitspurposes; and

WHEREAS, the City Council finds it is in in the best interest of the residents ofthe City of Brooksville to clarify the role of its member on the Beautification Board and toredyce^the number otindi\dduals on_the Executive Committee.

NOW, THEREFORE, BE IT RESOLVED BY THE C1TY COUNCIL OFTHE CITy OF BROOKSVILLE, FLORIDA, AS FOLLOWS:

SECTION 1. The above "WHEREAS" clauses are adopted and incorporated byreference.

SECTION 2. Section 4 of the Articles of the City of Brooksvllle BeautificationBoard are hereby amended as follows:


Section 4 Composition; Appointment; Term: Vacancies; Residence Required

The Executive Committee shall consist of not more than scvcn (7) six f6) memberswho shall be appointed by the City Council. The Executive Committee shall elect one (i)ofits members to be Chairperson thereof. Each member ofthe Executive Committee shallbe appointed for a four (4) year term of office. In the event a member of the ExecutiveCommittee shall miss three (3) consecutive regular meetings, without notification to theSecretary to the Board, the Chairperson or Vice-Chairperson ofthe Board shall advise theCity Council of same and the seat shall be declared vacant. Vacancies on the Board shallbe filled by City Council for the unexpired term of the member whose vacancy is beingfilled. The Executive Committee, through its Chairperson or Vice-Chairperson, shallsubmit recommendations to the City Council for members on the Executive Committee.All members should be registered voters, and shall be appointed by City Council. Inaddition, appointments to expiring terms will be named in January of every year. Inaddition to the appointed members of the Executive Committee, there shall be a CityCouncil member, who shall be an Ex-Officio member with the same rights as othermembers of the Executive Committee, including the right to vote on matters before theBoard, but shall not be authorized to solicit donations and contributions to the extent notallowed by Florida law._Members shall receive no compensation for their appointment.

SECTION 3. CONFLICT. Any prior resolution or policy ofthe City inconsistentwith the provisions of this resolution are hereby repealed to the extent of suchinconsistency.

SECTION 4. SEVERABILIT^. If any provision of this resolution or theapplication thereof is held invalid, such invalidity shall not affect the other provisions orapplications, and to this end, the provisions of this resolution are hereby declaredseverable.

SECTION 5. EFFECTFVE DATE. This resolution shall take effect immediatelyupon adoption by the City Council.

ADOPTED this 2nd day ofMarch, 2020.ClTy OF BROOKSVILLE

ATTESTLJennifer Battista, City Clerk, CMC

Approved as to legal sufficiencyand form:

By:Joe Bernardini, Mayor

VOTE OF COUNCIL:KemererBattistaErhardBraytonMayor Bernardini

Nancy Stuparich, City Attorney


BEAUTIFICATION BOARD

The Beautification Board was established November 18, 1985 by Resolution No. 85-17. Members are appointed by CityCouncil and consist of sovon (7) eight (8) voting members(Res. 2020-02adopted l-6-20madecouncil Ex-Officio as a "voting

member"). In addition to the appointed members of the Board, the Articles of the Beautification Board state "A City Councilmember (reappointed each December), the City Manager* or his designee, and an appointed representative for the*County shall serve as ex-officio members of the Board." A non-voting Student Representative was added in 1992.

This board is responsible for the beautification of the City of Brooksville through education of the citizens, utilizingcontests, information, award programs, etc. The Board Members serve four-year staggered terms of office, all expiring inDecember of their respective term, as amended by Policy No. 4-2008 adopted by City Council 10/6/2008, and are governedby Articles adopted by the Board and approved by City Council.

Thefollowing is a listofmembersofthe Beautification Board, terms of office, home addressesand phone numbers:

RonetteA. Snyder, ChairmanMs. Snyder was re-appointed December 16, 2019, to a four-year term of office through December 31,2023.

827 Darby LaneBrooksville, Florida 34601Home: 352-544-5669 • Cell: 352-650-9608RonetteSnv@tampa bay.rr.com

Kathy Middletpn, Vice-ChairMs. Middleton was appointed January 9, 2017, to a four-year term of office through December 31,2020.

1414HowellAvenueBrooksville, FL 34601Home: 727-389-2974

][email protected]

ConnvCunninghamMs. Cunningham was appointed December 16, 2019 to a four-year term of office through December 31,2023.

13102 Unity St.Spring Hill, Fl. 34609Business: 352-778-0879Home: [email protected]

Kathy AndersonMG. Andcrson was appointcd DccGmbor 19, 2016, to a four ycar torm of officc through Docombor 31, 2020.

1414HowollAvcnuoBrooksvillo, FL 34601Homo: 727 389 [email protected] RESIGNED 10/25/19

Donna S. MorinMrs. Morin was appointed May 20, 2019 to a four-year term of office through December 31,2022.

7284WindyWayBrooksville, Fl. 34601PHONE: [email protected]

Laurie Ann Sprin^Ms. Lindberg was oppointod May 20, 2019 to a four ycor torm of officc through Docombor 31, 2022.

411 Mistwood CourtSpring Hill, Fl. 34609

-PHONE:352 701 0526—Ccll:727 365 2086Laur343/l @yahoo.com

RESIGNED 2/18/20

2-18-20


Patria Ann DyeMrs. Dye was appointed August 5, 2019 to fill the unexpired term of Roger Sherman through December, 31, 2019, however,Council extended it to run through December 31, 2023.

217 East Liberty StreetBrooksville, Fl. 34601PHONE: [email protected]

1 Student Representative Vacancy

Ex-Officio & Support Staff:BettvErhardCouncil Member,CityCouncilLiaison(COUNCILAPPROVEDTHISTOBEAVOTINGMEMBERON 1-6-20). Ms. Erhard wasreappointed December 16, 2019.

201 Howell AvenueBrooksville, Florida 34601Home: [email protected].

Stacey WinchesterSecretarytothe Beautification Board

99JeromePlaceBrooksville, Florida 34601Work: 352-540-3833, ext. [email protected]

2-18-20


City CouncUAGENDA ITEM:March2,2020,


^

TO:

FROM:

VIA:

HONORABLE MAYORAND C1TY COUNCIL MEMBERS

JON DOWLER, INTERIM PUBLICWORKS DIRECTOR

MARK A. KUTNEY, CITY MANAGER

ORKS DIRECTORx/VIMEND"SUBJECT: PAVEMENT MANAGEMENT PROGRAM - RECOMMEND^

DRILLINGS

DATE: March 2, 2020

CITY MANAGER RECOMMENDATION:Recommendation that the Clty Council approve coring samples from existing roads indicatedin this memorandum for the purpose of determining construction and pavementrequirements.

REPORT IN BRIEF:In reviving the Pavement Management Program, City Council directed staffto select the mostdeteriorated, hlghly traveled streets that also includes a measure ofvisibility to thecommunity for milling and resurfacing.

DISCUSSION:In staffs consideration, the following streets have been selected. They are in poor condition,and rank low on the Pavement Condition Index. The streets indicated have a priority rankingfrom l to 6 according to Traffic Volume, Street Type, and Ride Quality. Some oftheconditions ofthe selected roads include Alligator Cracking, Depressions, and Patches.

The Pavement Condition Index is a ratingfrom o to 100 which describes pavementcondition and inpredicting its maintenance and repair needs into thefuture. The Number ois the highestfail; 100 is the bestpavement condition.

The following streets, in no particular order meet the above conditions and have been selectedto collect coring samples that v\dll provide necessary data in determining whether the roadway

just needs to be milled and resurfaced, or requires a total reconstruction, or something inbetween. The streets selected are highly visible and highly traveled by commuters. Thestreets are located in close proximity to each other and this \\ill help in reducing costsassociated v\dth mobilization and construction efforts when approved. The PavementManagement Plan ofApril, 2013 prioritized streets requiring attention from l to 251, \\dth (l)being highest on the list.


Ifa brick base is found under any ofthe selected streets, that street will be removed-from theselection.

• South Alabama Ave. from Liberty to Broad. Priority list indicated this road at #7• South Alabama Ave. from Cleveland to Liberty. Priority list indicated this road at #32• North Alabama Ave. from Broad to Fort Dade. Priority list indicated this road at #4• South Georgia Ave. from Broad to Liberty. Priority list indicated this road at #34• North Georgia Ave. from Broad to Jefferson. Priority list indicated this road at #26• Bell Ave. from Broad to Jefferson. Priority list indicated this road at #2• North Magnolia Ave. from Jefferson to Ft. Dade. Priority list indicated this road at #31• South Magnolia Ave. from Liberty to Broad. Priority list indicated this road at #62• Cleveland Ave. from Georgia to Jefferson. Priority list indicated this road at #15• May Ave. from Jefferson to Ft. Dade. Priority list indicated this road at #63• Museum Ct. from Jefferson to Saxon. Priority list indicated this road at #161

CONCURANCES:

REVIEW PROCESSAutumn Sullivan, FinanceNancy Stuparich, City AttorneyDanny Brooks, UtilitiesSteve Gouldman, Community Development

FISCAL IMPACT:Coring samples information will ultimately result in improved drivability and appearance ofroads, attracting visitors and possibly raising the revenue base for commercial entities locatedon or near the improved roadways.

Funding in the amount of $15,000 is avallable in account #55630-108 019-541 for the 2020Fiscal Year.

ATTACHMENTS:• Aerial map showing proposed roads.• Concurrences


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Name |Danny Brooks

DateofMeeting [03/02/2020

Agenda Subject: (i.e. Art |Pavement ManagementGallery Coordinator)


Questions/ Comments |NONE


Use thisform toprovide your approval or questions/comments and save under theappropriate agendafolder on the H drive

Name |Nancy Stuparich, City Attorney

Date of Meeting J3/2/20

Agenda Subject: Ci.e. Art [Asset Management (Pavlng)Gallery Coordinator)

Approval yes or no

Questions/ Comments

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DateofMeeting [3/2/2020

Agenda Subject: (i.e. Art |Pavement ManagementGallery Coordinator)


Questions/ Comments



Name |Steve Gouldman

Date of Meeting |March 2, 2020

Agenda Subject: (i.e. Art |Pavement IVIanagement ProgramGallery Coordinator)


Questions/ Comments


City CouncilAGENDA ITEMMarch 2, 2020

TO:

FROM:

VIA:


HONORABLE MAYORAND CITY COUNCIL MEMBERS

JON DOWLER, INTERIM PUBLIC WORKS DIRECTOR

MARK A. KUTNEY, C1TY MANAGER^L^^=^SUBJECT: OXIDATION DITCH, TASK ORDER FY19/20 - 02

DATE: FEB 19, 2020

C1TY MANAGER RECOMMENDATION:Recommendation that the City Council approve Task Order No. 19/20 - 02 with CoastalEngineering to proceed v\dth the proposed Scope ofWork, (A) Design and Permitting, and (B)Bid Phase for Oxidation Ditch #2 at a cost of $190,045 for the William S. Smith WaterReclamation Facility (See Attachments - Exhibit A, Task Order, and Exhibit B, Task Order

Quotation Proposal).

REPORT IN BRIEF:The existing William S. Smith Water Reclamation Facility located at 9306 Cobb Road,Brooksvllle is currently permitted for an annual average flow of 1.9 million gallons per day

(mgd) with future modifications up to 3.0 mgd. The City proposes to modify the existingwastewater treatment facility (WWTF) to process increased influent received.

DISCUSSION:In 2016, the City Council approved Ordinance 851 that addresses the City's 10-Year WaterSupply Facilities Work Plan (Work Plan). The Work Plan provides data and analysis waterdesign flow, storage capacity, preservation and conservation strategies to protect the City'sability to serve its current population, and projected population growth (See Attachment 2).Proposed modifications to the WWTF include construction of: an anoxic tank of 330,000gallons, and an oxidation ditch of 1.2 million gallons (mg).

Future construction will include the addition oftwo clarifiers of approximately 2,375 squarefeet surface area and 231,042 gallons ofvolume each.

CONCURANCES:Autumn Sullivan, FinanceNancy Stuparich, City AttorneyDanny Brooks, Utilities


FISCAL IMPACT:Modifications to the existing WWTF will allow the City to meet future water use requirementsand needs, and stay in compliance with regulatory authorities.

$250,000 is budgeted in FY 2021 for the WWTF expansion.

ATTACHMENTS:• Exhibit A and B• Attachment 2





Agenda Subject: (i.e. Art |0xidation Ditch Task OrderGallery Coordinator)


Questions/ Comments


Use thisform to provide your approval or questions/comments andsave under theappropriate agendafolder on the H drive

Name |Nancy SUiparich

DateofMeeting |3-2-20

Agenda Subject: (i.e. Art |0xidation Ditch Task Order - CEAGallery Coordinator)

Approval yes or no | --/^ p^p^z^^-c^,

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Name |Danny Brooks


Agenda Subject: (i.e. Art |0xidation Ditch Task OrderGallery Coordinator)


Questions/ Comments |NONE


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EXHIBITATASK ORDER N0. FY19-20-02

William Smith Water Reclamation Facility, Cobb Road Oxidation Ditch #2February 25, 2020

PROJECT BACKGROUND:The proposed expansion plan for the William Smith Water Reclamation Facility includes theaddition of a second oxidation ditch and other related unit processes to eventually have a 3 MGDtreatment plant. The City desires to have the second oxidation ditch installed next year so as tofacilitate maintenance and reliability; however, the City is not pursing all of the requiredimprovements to reach a permitted and constructed capacity of 3 MGD.

The following design issues are of relevant to the oxidation ditch addition.

1) The existingtreatment plant uses a pre-denitrification process with a separate anoxic tankthat is matched in size and expected performance to the ditch; COASTAL recommendsthe second anoxic tank be constructed along with the second oxidation ditch.

2) The existing recirculation pumps which are part of the predenitrification process are notwell positioned to be used in parallel with a second oxidation ditch; COASTALrecommends that a new pump be constructed with the second oxidation ditch.

3) The existing oxidation ditch uses Kruger brush aerators and mixers to maintain liquidsolids in suspension and provide treatment; COASTAL has confirmed the City wants tocontinue with equipment specifications per original design criteria. This is importantbecause while oxidation ditch volume is established by required treatment plant capacitythe oxidation ditch geometry is driven by the positioning and operating characteristics ofthe aerator. Aerator manufacturers provide a process guarantee that their equipmentwill maintain the necessary liquid velocity and keep solids in suspension. As aconsequence, the manufacturers will dictate the length width and depth ofthe oxidationditch which will not be modified from original design criteria.

4) A second oxidation ditch does not change the treatment plant capacity only its reliabilityand maintainability. Plant clarification, sludge processing and filtration would need to beevaluatedandimprovedinordertoreacha permitted andconstructedcapacityof3 MGD;COASTAL has confirmed at this time the City does not want to reach 3 MGD at this time.

PROPOSED SCOPE OF WORK:

I. Mechanical

A. Preliminary Design and Evaluation

1. Coordinate with City officials and conduct a site visit to discuss the issues

pertaining to above referenced criteria and related design issues. COASTAL willreview our design history, plans, permits and as-built documentation to confirmscope and related design criteria.


P-1105 William Smith WRF, Cobb Road Oxidation Ditch #2February 25, 2020Page2

2. COASTAL will develop a set of preliminary plans to show the city how theirobjectives will be implemented. The preliminary plan will consist of a processplan, site plan and a hydraulic profile of proposed operation details.

3. COASTAL will prepare a detailed report which describes what improvements areto be made and what equipment will be required to meet the City's designconsideration to add a second oxidation ditch. Report will include a review offlow history, facility organic loading and performance, along with calculationsconfirming ditch volume, aerator sizing, mixer sizing, piping pumping required.

B. Process Mechanical Design

1. Prepare plans and specifications for improvements to the wastewater plantwhich will include the following:

• Site plan• Plant process piping modifications• Plant secondary/minor piping modifications• Oxidation ditch plan and elevation• Anoxictank plan and elevation• MLSS recirculation system plan and elevation• Maintenance ofservice plan• Mechanical details

II. Electrical DesignThescopeconsistsoftheadditionofoxidationditch#2sothattheexistingoxidation ditch#1 can be taken offline for maintenance; specific scope ofwork includes the following:

A. Power distribution to support the addition of oxidation ditch #2. This will requireextending the existing motor control center to include overcurrent protection, VFDPs,motor starters, etc. as required to serve the eight (8) motors associated withoxidation ditch #2. This proposal assumes the existing MCC has sufficient capacity tosupport the additional load.

B. Lighting for the area immediately surrounding oxidation ditch #2. We anticipate 3-4

pole mounted area lights.C. Lighting Protection System Design for oxidation ditch #2.D. Instrumentation and controls plan and schematictosupporttheaddition ofoxidation

ditch #2. This proposal assumes the control panel(s) will be supplied by theequipment vendor and therefore, control panel design is excluded.

III. Structural DesignProvide structural design, calculations and drawing based on City approved mechanicaldesign. The proposed oxidation ditch shall be poured in place. Oxidation ditchanticipated drawings are as follows:

A. Structural Working DrawingsB. Structural Bid Documentations and Related Calculations


P-1105 William Smith WRF, Cobb Road Oxidation Ditch #2February 25, 2020Page2

IV. Citv/FDEP PermittingThe current FDEP permit provides for the addition of components to expand the facilityto 3 MGD; no additional permit are anticipated during design other than that associatedwith project/plant construction phasing; specifically, FDEP will wantto be advised oftheconstruction, and will want to be assured that it can be constructed without interfering

plant operation or cause loss of service, and that operation of the second ditch withoutother improvements such as new clarifiers will not cause operational issues.

V. Bid PhaseCOASTAL will coordinate project bidding, and assistance with response to BID RFQ's.

A. ConsultwithClientandCitytodeterminebid procedure, requirements, and schedule.B. Attend pre-bid conferences.C. Provide written responses and clarifications to bidders.D. Attend bid opening, evaluate bids, and recommendation forward.E. Assemble contract documents for execution.

REIMBURSABLES:The following direct expenses of Consultant will be reimbursed by Client at actual costs or inaccordance with the Coastal Engineering reimbursables schedule.

1. Blueprints and/or reproducibles.2. Outside printingservices.3. Special postage (Federal Express, FAX) when requested or required.4. Longdistancetelephone service.5. City/County fees and regulatory agency fees (application fees, recording fees, public

notice fees, review fees, etc.)

Anticipated Completion Date: January 2021

SUMMARYOFFEES:COASTAL will be paid the following fees:

A. Designand Permitting....................................................................$174,645.00B. BidPhase..........................................................................................$ 15.400.00

Total: $190,045.00REIMBURSABLES:Direct cost of Reimbursables Schedule not to exceed $7,500.00 without further writtenauthorization.

AUTHORIZED:

BY:

SIGNATURE: DATE:


EXHIBIT "B" TASK FEE QUOTATION PROPOSAL

TASK ORDER No.: FY19-20-02

PROJECT NAME: William Smith WRF Oxidation Ditch #2

SUB-TOTAL HOURLY COSTS

Out-of-Pocket Expenses (actual cost - not to exceed)

Miscellaneous Expenses (Subconsultant)

NOT TO EXCEED TOTAL LUNIP SUM COST

hCM'ROPC^LSail.lBlCartMBl Pr*pd>a»P.11{(S:Citr6f:SK>Bkp(ltoW)IU»mSmithWRFExeixWrflrtmJkUWF Fw:-Srt»aduto.>ih

TASK PROJECT ACTIVITY Pnnci[Man Hrs

il EngineerCost

ProrMan Hrs

;mberg, PE

: ManagerCost

Senior PiMan Hrs

jfict EngineerCost

SeiMan Hrs

DesignerCost

ConstMan Hrs

jction PMCost

uar/

Sr.LaMan Hrs

1 SurveyorCost

Sr.SunMan Hrs

y TechnicianCasl Man Hrs

ay crew

Cost

il Engineer il Engineer

Man Hrs

31 bngineer

CostActlvity

$ AMOUNTby

Activity

Avg

HrtvRate

1 Project Management e $ 195.00 3; S 180.00 $ 135.00 $ 110.00 S 165.00 $ 155.00 $ 90.00 S 135.00 $ 179.00 $ 185.00 $ 175.00 S 6,930.00 3£ 182.3684

2 Preliminarv Evaluation 14 $ 195.00 1^1 S 180.00 16 $ 135.00 $ 110.00 12 S 165.00 $ 155.00 $ 90.00 S 135.00 S 179.00 17 $ 185.00 $ 175.00 S 12.53S.OO 7; 171.7123

3 Preliminary Design & Report Evaluation 12 $ 195.00 18 S 180.00 22 $ 135.00 $ 110.00 9 S 165.00 $ 155.00 S 90.00 S 135.00 S 179.00 31 S 185.00 $ 175.00 S 15,770.00 92 171.413

4 Final Design and Report

4,11 30% Design Package 2 S 195.00 £ S 180.00 12 $ 135.00 12 S 110.00 6 S 165.00 i $ 155.00 ie $ 90.00 24 $ 135.00 10 S 179.00 72 S 185.00 24 $ 175.00 $ 30.990.00 194 159.7423

4.2160% Desinn Pac50% Design Package 2 S 195.00 11 $ 180.00 20 $ 135.00 24 S 110.00 8 S 165.00 $ 155.00 S &0.00 $ 135.CC 20 $ 179.00 143 S 185.00 48 S 175.00 $ 47,465.00 276 171.9746

4.3|90%0<90% Design Package 2 S 195.00 7 $ 180.00 16 S 135.00 16 S 110.00 8 S 165.00 $ 155.00 S 90.00 $ 135.00 14 $ 179.00 89 S 185.00 30 $ 175.00 $ 31.111.00 182 170.3396

4.4| 100% Desiqn Packacje 2 S 195.00 6 $ 180.00 10 S 135.00 6 S 110.00 12 $ 165.00 S 155.00 S 90.00 $ 135.00 6 $ 179.00 54 S 185.00 18 S 175.00 S 19,674.00 114 172.5783

5 Permitting 2 S 195.00 s S 180.00 11 S 135.00 16 $ 110.00 S 165.00 S 155.00 $ 90.00 $ 135.00 $ 179.00 19 S 185.00 a S 175.CC S 10,170.00 65 156.4615,

6 Bid Phase Services 12 S 195.00 $ 180.00 S 135.00 $ 110.00 34 S 165.00 S 155.00 $ 90.00 S 135.00 S 179.00 18 $ 185.00 4 $ 175.00 S 15,400.00 87 177.01151

Firm Name: CITY OF BROOKSVILLE

Signature,Department Name Authorized Signature Mark Kutney

City Manager

lipproved by City Council on

(Date)

(PrintedNameandTitle)

Date:,(Date) (Prinfed Name and Title)


ATTACHMENT2

ORDINANCE N0. 851

AN ORDINANCE OF THE CITY OF BROOKSVILLE,FLORIDA, APPROVING TEXT AMENDMENTS TO THEINFRASTRUCTURE AND INTERGOVERNMENTALCOORDINATION ELEMENTS OF THE CITY OFBROOKSVILLE COMPREHENSIVE PLAN; PURSUANTTO COMPREHENSIVE PLAN AMENDMENTPROCEDURES ESTABLISHED IN SECTIONS 163.3161THROUGH 163.3215, FLORIDA STATUTES; PROVIDINGSEVERABILITY; REPEALING ALL ORDINANCES [NCONFLICT; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, Section 166.021, Florida Statutes, empowets the City Council of the City ofBrooksville, Florida, heteinafter refefred to as the City Couticll, to prcpate, adopt, implement andamend a Comptehcnsive PIan; and

WHEREAS, Sections 163,3161 thro-ugh •163.3215, Florida Statutes, the Local GovemmentComptehensive Planning and Land Development Regulation Act, empowers and tcquires the City'Council to prepare, adopt, implement and amend a Compreheasiye Plan; and

WHEREAS, application CPA 2015-L1, to amend the Infrastructuce Element and theIntergovernmental EIement of the City's Cojtnpiehenslve Plan, has been filed witli the City; and

WHEREAS, the City ofBrooksviIle Planning and Zoning Commission recomniended atits meeting on October 14, 2015 that the City Council prepare, adopt, implement and amend theComprehensive PIan: and

WHEREAS, the City CouncU of the City of BrooksvIUe, Floiida, has been designated asthe Local Pknning Agency of the City of BtooksviUe, Florida, hereinaftet refeued to as the LocalPlanaing Agency; and

WHEREAS, pursuant to Secdon 163.3174, Florida Statutes, the City Council, setving alsoas the Local Planning Agency, held the requii-ed public hearing, with public nodce having been

provided, on said application for amendment, as described bebw, to the text of the City'sConzprehensive Plan and at said public hearing, the City Council, secvmg also as the Local PlanningAgency, reviewed aad considered aU comraents received during said public heailng concerning saidapplicadon for amendment, as described below, to die text of the City's Comprehensive Plan, andendorsed the approval of said applica.don for amendment, as described below, to the City'sComprehensive PIan; and

WHEREAS, the City Council did on November 2, 2015 hold the requiced public hearing,with public aodce having been provided, under the ptovisions of the large scale amendment

ptocedures established m Secuons 163.3161 through 163.3215, Florida Staftites, on said applicadonfor amendment, as desciibed herein, to the text of the City's Comprehensive Plan and at said publichearitig, the City Council (seiving as die Local Planning Agency) reviewed and considered aUcoiiunents received during the public hearing, including t'ecotrunendadons of the City's PIanningand Zonuig Coinmission, and die Comprehensive Plan Amendment Report concerning saidapplications for amendments, as descubed herein, to die text of the City's Comprehensive Plan; and

lof3


WHEREAS, the City Council has detemiined and found said applicarion for amendment,as described below, to the text of the City's Comprehensive Plan to be consistent with theComprehensive Plan's objecdves and policies and Land DevelopmentRcgulations; and

WHEREAS, the City Council has determifled and found tliat approval of said appUcadonfor amendmeat, as described below, to the text of the City's Cotnprehensive Plan, would promotethe public health, safety, tnorals, order, comfort, appearance, prosperity, ot general welfate.

NOW, THEREFORE, BE IT ORDAINED BY THE CITy COUNCIL OF THECITy OF BROOKSVILLE, FLORIDA, AS FOLLOWS:

Section 1. The foliowing amendment to the City of Biooksville Comptehensive PIan ishereby approved;

CPA 20I5-L1 Pursuant to an application, CPA 2015-L1, by the City of BrooksviUe CityCouncil to amend the Infrastructure Element Goal E, Objecdve 10, Policy 10-3; andCotnprehensive Plan Intergovernmental Coordlnation Element Objecrive 1, Policy 1-10attached hereto as Exhibit "A" as required by Section 163.3177(4) (a), Secdon 163.3177(6)(c),Sectioo 163.3177(6) (d) and Secrion 163.3177(6)(h)l, Florida Statutes,

The Water Facilides Supply Work Plan, 2016-2026 adopted by the policies referenced aboveis attached hereto as Exhibit "B."

Section 2. Severability. If any provision, woid, sentence, or paragraph of this Ordinance isdeclared by any court of competent juiisdicdon to be void, unconstitutional or unenforceable, thenall remaining provisions, words, sentences, paragraphs and portions of this Ordinance shall remainiii fuU force and effect.

Section 3. Conflict. AU ordinances or parts of ordinances in conflict herewith are, to theextent of such conflict, hereby repealed.

by law.Section 4; Effecuve Date. The effective date of this plan ametidment shall be as provided

2of3


; <i:

Attest:- (LA ^m^ ^- J-QAA'^ ^frirgmia;/&. Wright, City CIerk }

CITY OF BROOKSVILLEOtdinaaceNo. 851

Bj\Ul.<4.-),^A. .....Natnlie Kahler, Mayot

PASSED on First Reading: November 2. 2015NOTICE pubUshed on: October 23. 2015 and March 11.2016PASSED on Second and Final Reading March 21. 2016

APPROVBD AS TO FORM FOR THE RELIANCE OFTHE ClTY OF BROOKSVILLE ONLY:

Thom^S'. Ho^an^, The Hogan Law Firm, LLCCity A^torney

VOTEOFCOUNCIL:

BurnettEfhatdKemererBattistaKahler

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3of3


Exhibit "A"

Infrastructure Etement

Potable Water

Goal E: To provide a safe, a<lcquate siipply of potable wnter to City resldents and businessesthrough the planning year 2015.

Objective 10: By 2010 (he City shal! implement regulatiotts (hat will restrict tlie use, liandliiig aiid/orstorage of liazardoiis siibstances 'm

tlie zoiie of iiiflueiice of existing or proposed citypotable water wells.

PolicvlO-3: The Citv of Brooksvilte's 2016-2026 Water Supplv Facilities Work Plan ishereby adopted by reference into the Compreheijsive PIan,

Intcfgovernmental Coordination ElcmcRt

Goal: To courdinate the plans and acdons of the Cify with the plans and programs of state,regioiiitl, Coiinty, and other local governmeiit entitics i'i> order (o achieve effecdveintergovernmcntal coordination ofcomprehensive planning and growth managcment.

Coordina(ion ofPlans

Objective t: Tiie City slial] coordinate tlie City of Brooksville Comprelietisive PIaii with (lieCom|)reliensive Plan of l-1eniaiido Coiiiity aiid the plans of Spring Hill/Hernaiido Coiiiity MelropolitaiiPlaiiniiigOrgaiiization, Soiithwest Florida Water Manageinent District, Withlacoochee Regioiial PlaniiingCuiiiioil, FIorida Departnieiit of'I'raiisportation, Florida Departmeiit of Enviroiimental Protectioii, FloridaDepartmenl oF Stale (Division of Historical Resources), Brooksvilfe Ilousing Autliorily, City ofBfooksville Caiiiniuiiity Redevelopinenf Agency, and otlier iiiiits of local governiiietit providiiig servicesbiit not havijig regiilatory autliority over (hc tise oflaiid.

Policv 1-10: Tlie Citv shall coordiiiate wjth the Soulhwest Florida Waler MHiiaReineiit Distfictfo ensiire coiisistencY between the CoiiiDrehensive Plaii oftlie CitvofBrooksvilleanct the Dislrict's Regional Water Supply PIaii, The City's Water SuppiyFacililies Work Plan shall be iipdated withiii 18 inontlis oftlie Soutliwesl FloridaWater Maiiageineiit District's Reeional Water Supply Plaii 2025 iipdate.

Page 4-6 Infrastnicttire


EXHIBIT "B"

WATER SUPPLY FACILITIES WORK PLAN

2016-2026

CityofBrooksvilleADOPTEDMARCH 21,2016


WATER SUPPLY FACILITIES WORK PLAN2015-2025

CITY OF BROOKSVJLLE

TABLE OF CONTENTSPage

1. INTRODUCTION......................................................................... 12. WATERDEMAND................................................................................ 1

Existing Conditions....,.............,....,,..............,,,.........,...,.......,.., 1Non-potable Watsr Demand........,.............,.....,........,.,................. 2Future Conditions............................,...,........,........................... 3

3. WATER SUPPLY......„.....................„,..................„..„..,..„....,...„..„3Potable Water Supply.........:..............,....................................... 3Non-potable Water Supply........,.,.,...,.............,,,,,.,...,.............,..,. 4

4. WATERSUPPLYFAC(LITIES.......;.............,.....,.............................,„ 4Treatment and Storage Facilities.................................................... 4Facilities Condilion........,.................,.,.,,..,,.,...,...,,..,.,..,..,......,,. 5Level ofService......,......................,..,...,.........,,....................... 6

5. IMPACTSONNATURALRESOURCRS............................................... 6WetIandsProtection.................................................................. 6WeII Field Protection............................................................... 7

6. CONSERVATIONPOLICIES&PROGRAMS,..................................... 7Comprehensive P!an Policies..........................,.....,.....,..,.,..,.......,. 7Land Development Code............................................................ 10Otherfnitiatives....................................................................... 10

7. PLANTOMEETWATERSUPPLYNEEDS.......................................... IIRegional Coordiiiation for Water Supply Pianning & ProjectDevelopment, ,,....,..,,.,..,,,,...,..,..,,...,..,,.,,,,..,.............,,,.......,..„ {1

LISTOFTABLES

Table 1: Potable Water Population Projections, Brooksville Utiiity Service Area............. 2Table2: Reclaimed Water Customer Type and Efficiency(PotableWa{erOffset)....,....,. 2Tablc3:PoiableWaterDemand Projections MGD, Brooksville UtilityServiceArea.....,.., 3Table4: WaterTreatment PIant Capacities....,............,..,.......,............................ 5Tab(e5:2014-20I5 WaterSystem Facilities Capadty Analysis..,.........,.,............,,..,, 5Table6: Projected Water PlantMaximum DaEly Demand CapacilyAnaIysis.................. 5Tabie 7: Projected Water Treatment Capacity, Brooksville Utility System Service Area...... 6

LIST OF iVIAPS

Map 1, Municipal Service Area.Map 1-4 Wellhead Protection Areas, .,,,

1213


WATER SUPPLY FACILITIES WORK PLAN2016-2026

CITY OF BROOKSVILLE

1. INTRODUCTION

The City of Brooksville 10-Year Water Supply Facilities Work Plan (Work Plan) represents theCity's ptati to meet cun-ent water demands and the anticipated growth in demand within theBrooksville Utility Service Area through 2026. The Work Plan is an addendum to the InfrastructureElement of the Brooksville Comprehensive Plan and is supported by policies in the fnfrastructure,Intergovernmental Coordination and Capital Improvements elements of the Comprehensive Plan.The Work Plan includes statutorily required analysis, as per Chapter 163.3177, Florida Statutes, anddemonstrates the ability of the City of Brooksville to ineet curreiit and projected water demand inthe City's Utility Service Area.

In accordance with Chapter 163, Part II, Florida Statiites, this Patable Water Work Plan providcsdata and aiialysis to address niininuim design flow, storage capacity, preservation and conservationstrategies to protect the City's ability to serve its population in accordance witli adopted standardsfor water quality. Tlie Work Plan and related Coniprehensive Plaa goals, objectives and policiesaddress the developineiit of traditional and altemative water supplies, conservation and reuse

programs and facilities necessary to scrve existing and new developinenl for Ihe 10-year planningperiod. This 10-year plan has beeii developed in accordance with the Southwest Florida WaterManageiiient District's Regional Water Supply Plan approved by tlie District's Governing Board inNovember2015.

2. WATER DEMAND

ExistingConditions

This plaii employs data consistenl with the Regional Water Siipply Plan for the Northern District ofthe Soulliwest Florida Water Mauagement District (SWFWMD) and includes 2015 populationestimates from Ihe Universily of Plorida Bureau of Economic and Biisiness Research (BEBR).According to data supplied by SWFWMD, in 2010 the City's water systein served a functional'Citypopulation of 7,719 and a total populalion of 16,633. The University of Florida Bureau ofEconomic and Business Research (BEBR) estimates that in 2015 the City system serves afunctional population of 7,780 and, according to the 2015 SWFWMD Regional Water Supply Plan,a fotal population of 17,277. Table t provides service population projections for the City ofBrooksville Utility Service Area. The City ofBrooksville Ulilily Seivice Area is depicted in Map 1 .

Based on average daily Hows in 2010, the 2015 SWFWMD Regional Water Supply PIan estimatesthat potable water demand in the water syslein service area was 1,47 million gallons per day(MOD), or 88 gallons per day per capita (GPDC). According to the City's Public WorksDepartment, actual average daily flows in 2015 demonstrate a polable water demand in the City'sservice area of 1,129 MGD, which results in a gallon per day per capita figure of76.

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Sources:1. SWFWMD community data sheet, 2011.2. University ofFlorida Bureau ofEconomic and Business R-esearch (BEBR), 20153. City estimates using growth rate applied by BEBR to Hernando County population

estimate,2015.4. SWFWMD 2015 Regional Water Supply Plan.

Non-po^able Water Dcmand

The City's reclaiined water system, which has design capacity for 1.9 MOD aiiniial average flow,curreiitly serves a liinited number ofiionresidential and residential uses in the Utility Service Area.Specifically, Ceniex and the golfcourse, landscaped areas and 140 dwelling units in the SouthernHills Plantation developmeiit are the recipients of the rcclaimed water. [n 2014, Ceinex tised anaverage of 777,000 GPD while the Soiithern Hilts developine)]! received an average of 127,000GPD, The literatiire on irrigation demands and offsets coiifinns tliat the iise of reclaimed waterdirectly correlates to reductions in the use of potable water. The SWFWMD research shown inTable 2 iiidicates (liat the use of reclaimed water for irrigation purposes in lieii of potabfe watersources offsets those sources a( an average rate of 75 perceiit, This factor is not reflected in theUtility Service Area demand for uon-potable water shown in Table 3. If the reclaiined water offsetwas used to calculate a reduced water demand, the offset represents a 678,000 GPD reduction iiiwater deinaiid.

Source: Effective Use of Redaimed Water Demonstrated to Offset Water Demand, SouthwestFIorida Water Management District, 2002.

The fiiture intended expaiision of the City's reclaimed water capacity to 3.0 MGD in 2019 willfurther augment tlie capacity of the system. To continiie to siirpass the projected potable walerdemand during the 2016 to 2026 period, the City will also consider implemeiitation ofadditionalconservation measures,

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rablel:Potab!eWate Population Pro.jections, BrooksvilleJMi Scrvice Arei2010 2015 2020 2025 2030

MunicipalPopulatioii Served 7,719' 7.7802 8,5763 9,3323 10.7363

Total Utility ServiceArea Populatioii

16,633'' 17,2774 18,019^ 18,880'1 20,8924

Table 2: Rcclaimed Water Customer TYpe and Effickncy (Potable Water Offset)Reclaimed Watcr Use OKset Comments

Industrial/Power Generation 100% Normaliy iise tlie saine ainount regardless ofsource

Agricultural/Recreational/Aesthetic

75% Normally do not ovcrwater

Public Supply Frrigation 40% 25%-35%nat rate; 45% - 55°/o for metered

All Ciistomer Types(Average)

60% 25% Industrial Power Generation;25%Agficultural/Recreational/Aes(hetic50% Public Supply


Future Conditions

The projected functional population in (he Utility Service Area, sliown in Table 1, is based 011historical growth rates for City utility customers rather than availabdity of land in the FutureService Area. Growth trends 111 Ihe Utility Service Area show a iiiodest increase. The City's iitilitycustomer base largely increases as a result of infill developinent within the city and newdevelopment in the City's overall Utility Service Area.

Prqjected potable water demand in the Utility Service Area tlu-ough 2030 is shown in Table 3.Projected demand is based on tlie population projectioiis in Table 1 and the current per capi(apotable water deniand and historical use rates, Again, the niethodology employed by the SouthwestFlorida Water Management district for the Regional Water Supply Plan for tlie Northern districtprovides a consislent regional baseline,

Table 3: Potablc Watcr Demand Projcctions MGD, BrooltsviJIe Utility ScrviceArea

Total MunicipalDemand

Total SystemDemand2

2010

0.773'

t.465

2015

0.685 3,4

1.522

2020

0.755;3,5

1.587

2025

0,821 3,5

1.663

2030

0.9453,5

1.840

3.

Sources:!. SWFWMD commuiiity data sheet, 20112. SWFWMD 2015 Regionaf Water Supply Plan3. Per capita water use of88 GPD. SWFWMD 2015 Regional Water Supply Plan,4. City demand ffom 2015 BEBR population estimate.5. Cily deinand using growth rate applied by BBBR to I-Iernando Coiiiity population

estunate,2015.

WATERSUPPLY

The foregoing deinand analysis aiul tlie inventory ofexisting and projected potable aiid noii-potablewaler resources discussed below illustrates that the City's waler siipply will be adeqiiale tu ineetprojected demand through 2025.

Potable Water Supply

Tlie eastern half of the City's Utility Service Area lies within the Witlilacoocliee River Watershed,which lies within Marion, Polk, and Sumter Coiinties, and snialler areas lie within Citrus,Heniando, Lake, Levy, and Pasco Coiinties. The western portion of the City's Utility Service Areais within the Springs Coast Watershed, which encompasses parts of Pasco, Hemando, Citrus, anclPinellas Counties. The principal hydro geologic iinits in the watersheds are the siirficial,intermediate and Floridan aquifer systein, The Upper FIoridan aquifer is the principal storage andwater conveyiiig component of the watershecl's Iiycirologic systenis and is (he principai source ofpotable water for domestic, agricultural and indiistrial supplies for the City and Hernando County.

The Soiithwest Florida Water Manageinent District regulates watcr withdrawals froin the Floriclanaquifer system via a Water Use Permit (WUP), A WUP specifies Ihe maximum permilted pumping

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capacity for the area specified in the permit. The City's WUP allows a maximum water withdrawalin the Utility Service Area of 2,448,000 GPD (annual average) and 3,672,000 GPD (peak monthly),Averaging 1.129 million GPD, (he cun'ent production iii the Utility Service Area is thussignificantly below the average annual WUP iimit. The current WUP expires February 25, 2024,

Non-pofable Water Supply

As previously stated, the City's reclaimed water systeni, which has adesign capacity for 1.9 MGDannual average flow, currently serves only nonresidential uses in the Utility Service Area.Specifically, Cemex and the golfcourse, landscaped areas and (40 dwelling iinits in the SouthernHills Plaiitation developmeiit are the recipients of the reclaimed water. The Southern HillsPlantation development is approved for and will have at build-out a total of 1,163 residential units.All residential properties will be connected to the reclaimed watersystem. Utilizing the SouthwestFlorida Water Management District's 300 GPD per single-family reclaitned water system hook-upas noted in the Districts 2002 publication Effective Use ofReclwmed Wdler Demonslraled to Offsellyafer Demaml, the potabte water demand will be rediiced by approximately 350,000 OPD.Additionally, the City has altocated funds in 2018-2020 to coiidiict a feasibility study, prepare agrant applicatioii and design and constnict an extension to the ciirrent reclaimed water system toserve the Hernando Oaks golfcourse. While the Hernando Oaks developinent does not utilize CityofBrooksville potable water, the extension will nevertheless reduce the regional demand ofpotablewater by approximately 100,000 GPD. Finally, developments that have yet-to-be constructedwithin the City's Utility Service Area have a combined approved total of 1,033 single-familyresidential units tliat could potentially be served by the reclaimed water systcin, The newdevelopments would thiis rediice the potable water demand by approxiinately 310,000 GPD.Extensions to (he reclaimed water system to serve the new developments iiave not ye( been

programined in tlie City's Five-Year Sciiedule ofCapital [mproveinents, The City has iiicluded iiiits Five-Year Schedule of Capital Iinproveineiits funds intended to increase the capacity of theexisting reclaimed water facility to 3.0 MGD in 2019,

4. WATER SUPPLY FACILITIES

As previously iioted, Map 1 depicts the potable water service area of the City's water system.Potable vvater is provided by tlie City via a systein that iiicludes three water treadnent plants,storage tanks and a looped distribution system of undergroiiiid pipes. The disd'ibiition systemconsists priniarily ofwater mains of6 incli diameter oi' greater, with (he exception tliat portioiis oftlie downtown area is serviced with 4 inch mains. The older 4 inch inains are considered iindersizedfor fire flow purposes. The mains receive flow via 10-inch to 16-inch feeder liiies, and the entiresystems contains 309,210 linear feet ofdistribution tines. Residei-ifial uses are the predominant typeofland use served by the water system.

Treatment and Storage Facilities

The Lamar Aveniie, Hope Hill Road and Hillside Court (reatment ptants are the City's three watertreatmeiit facilities. The current average daity demand for potable water from tlie City's (lu'eetreatment facilities is approximately t.126 MGD. The Hillside Court facility is the most northerlyin the City's system and consists of one 12" diaineter public supply well, one 200,000 gallongroiind storage tank with a cascade aerator and two cenlrifugal service. Tlie fliiished watercapability ofthis plant is liinited by the 1,000 gallons per minute flow rate ofthe service pumps and

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is capable afproducing a maximum daily flow capacity of !.452 MGD. This plant was constructedin 1966. The Lamar Aveniie facility is in the center ofthe Cdy's service area and consists of 12"and 14" public supply wells, one 70,000 gallon ground sforage tflnk with cascade aerator and twocentrifugal service pumps. The finished water capability oftfais plant is fimited by the 1,000-gallons per minufe How rate of the service pumps and is capable of producing a maximum dailyflow capacity of 1.440 MOD. The Lamar Avenue facility was constructed in 1926. The Hope Hil!facility is the most southerly in the City's system and consists oftwo 12" public supply wells andone 250,000 gallon elevaSed storage tank. The finished water capability ofthis plant is limited bythe 1,370 gallons per miniite coinbined flow rates of the two well pumps and is capable of

prodiicing a maxiinuin daily flow capacity of 1.973 MOD. This plaiit was constructed in 1978.Constructed in 1987, the Liberly Street 250,000 gallon elevated storage tank is locatedapproxi'mately 2500 fcet away from the Lamar facility in the downtown service area. The City alsomaintains a third well at the Hope Hill site' that is presently inactive, I)H( intends to beginwithdrawing 250,000 OPD by the year 2016.

Tablc 4: Water Treatment Plant Capacities

Source: City ofBrooksvilte Public Works Department, 2015

Table 5; 2014-2015 Water Systein Facilitics Capaeity Analysis

Source: City ofBrooksville Piiblic Works Department, 2015

Page]5

WatcrTreatmentPlant DesignCapacityfMGD)LamarAvenue 1.440Hope Hill Road 1.973Hillside Court 1.452Total Design Capacity 4.865

Wateriyeatmcnt FacilitiesWater Treatment Plants Design Capacit^ 4.865 MGDStorage Tanks Capacity 0.77fl MGCurrcnt DcmandService Area Population 14,952Average Daily Plow (ADF) 1.129Maximum Daify Flow 1.649ADF Percent ofTotal Desigii Capacity 23,2%Committed Unused CapacityConimitted Unused Capacity 3.250Percent ofTofal Design Capacity 5,1%TotalDeniandADF + Committed Unused Capacity 1.379M0DPercent ofTotat Design Capacity ?8.35%

Excess CapacltyExcess Capacit^ i.486 MGDPercent of Design Capacity ? 1,65%


Table 6: Projected Water Plant Maximum Dailv Demand CapacityAnalysisYear

2015202020252030

Deinand(MGD)

1.5221.5871.6631.840

PIantDestgnCapacity (MGD)

4.8654.8654.8654.865

Utilizcd_Ca£au<2^%L

Tl,2832,62_34.18_37.82

UnusedCapacity(%)

68.7267.3865.8262.18

Souree; SWFWMD 2015 Regional Water Supp!y Plan

Facilities Ccndition

The City's water supply facilities perform .well, and no problems in maintairting performance areanticipated over the 2025 plaiuiing period. Consistently, the City's water treatment plant liasoperated in compliance wi(h all criteria established by the U.S. Environmental Protection Agencyand Florida Department of Environmentai Protection for public water siipply facilities. The watertreatinent facilities are repaired and upgraded as iieeded to reinaiji in good operating condition, andthe quality ofwater resources in the area is sufficiently good, reqiiiring only chlorination (reatmentfor the public water supply. Scheduled maintenance and replaceineiil are pianned and biidgefed forby tlie City.

Level ofServicc

The Cily's adopted level ofservice standard for potable water is used for three purposes—toassessIhe adequacy of the water supply and water facilities, to serve new development and to projectneeds for developing new water supplies and water supply facilities (facility planning). As stated inthe City's Comprehensive Plan, the City's adopted potablc water level ofservice standard is 110GPDC (CIE Policy 8.1-4), which is above the current rate of76 GPDC water consumption in thsUtility Service Area. The SWFWMD community data sheel documents water use between 2008and 2012 at 88 GPDC. Table 7 shows the projected potabte water demand in the Utility ServiceArea compared to the SWFWMD perniitted capacity of the Cily's water treatmenl planls. Theanalysis, based on tlie City's adopted Comprehensive Plaii level ofservice standard of 110 GPD percapita, indicates thal tlie permitted capacityof 2,448,000 GPD will be adeqiiate throughout the 2025

planning period,

Table 7; Projected WaterTreatment Capacity, Brooksville Ufilily Sys(em ServiceArea

Sources: City ofBrooksville, Public Works and SWFWMD 2015 Regional Water Siipply Plan

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Year FunctionalPopulation

Pcr Caplta/Day Demand

(GPD)

Service AreaDemand

AnnualAveragePermit

TreatcientCapacity(MGPD)

RemainingTreatment Capacify(GPD under current

permit)

2010 16,633 110 1.465 2.448 0.9832015 17,277 110 1.522 2.448 0.9262020 18,019 110 1,587 2.448 0,8612025 18,880 110 1,663 2.448 0.785


5. IMPACTS ON NATURAL RESOURCES

EfForts by the City to reduce impacts to surface water and wetland resources are on-going and aresupported by various goals, policies and regulations, Continued enforcement ofthe City's vvetlandimpact policies and welt field protection regulations wilt help ensure continued groundwaterqiiality. Furthermore, City conservation prograins and a reclaimed water system expansion willreduce demand for groundwater resoiirces.

Wetlands Protcction

fhe Conservation Element of the City's Comprehensive Ptan addresses protection of wetiandsthroughout the municipality. SpeciricaIIy, Policy 2-13 of the Element states that "Wetlands andwetland functions shall be protected and conserved by restricting direct and indirect developmentimpacts according to Policies 2-13 and 2-14, Coiiservadon land use designations, open spacerequirements, and other goals, objectives and policies ofthis plan," Policy 2-13 provides specificcriteria for avoidance ofwelland impacts and notes tliat "(he

policy ofthe Cily (o avoid or minimizedevelopment impacts on wetlands and to direct incompatible land iises away from wetiands and lorequire wetland buffers; to allow wetland losses only where all practical engineering measiires havebeen applied to avoid such losses; and to allow for effective mitigation," Policy 2-14 providesmitigation measures for utilizing degraded wetlands as well as exceptions airi criteria altowingincorporation ofisolated wetlancl systems into stormwater management systeins.

Wcll Ficld Protccfion

The Ftiture Land Use Element ofthe City's Compi-ehensive Plan addresses wellfteld protection. Asshown in Coinpreliensive Plaii Map 1-4, wellfield protection areas have beeii established to protectthe City's existing potable water wells. Policy 7-2 of the Bleincnt requires that "the zone ofprotection shall be delei'tiiined for each cily potable water well by a hydrologist, aiid (hese identifiedphysical boundaries shall bc (he basis on which the use of hazardous substances, and certain landuses which in and of themselves liave a likeliliood to endangei potable water siipplics, sliail berestricted. These substances and/or uses shall be restncted and/or speciaily regulated for t!ie pucposeofprotecting potable water siipplies."

6. CONSERVATION POLICIES & PROGRAMS

Throiigliout the 2026 planning period, the City will iinplement or coiitinue to implement walercoiiservation policies, praclices and prograins. This section ideiitiFies tlie current conservatioii-related poticies, programs and practices of the City. It should be noted that the City, in 2011,established one ofthe first one day per week in-igation ordinances in the region. Additioiiaily, theCity maiiitains a water use rate structure in which customers receive a flat rate for the firsl 3,000gallons used in a montti and are charged aii additional fee for every 1,000 gailoiis over 3,000. TheCity of Brooksville has been and will continue to be an ardent advocate ofwater conservation andflood protection. It is commilted to long-temi public outreach and education programs whichinvolve mailings to utilities customers, postings on the City v/ebsife, aitd the creation ofa volunteerprogram ofcitizens trained to repo?t stormwaterand other water related issues.

Pase|7


Comprehensive Plan Policies

Future Land Use ElementPolicy 1-2: As part ofthe unified land development code, the City shall develop and adoptregulatioiis that provide for drainage and stormwater design standards and protect potablewater well fields and aquifer recharge areas.

Policy 1-5: Conset'vation, Tiie adopted land developmenl regiilations will assure that a siteplan review process establishes the basis for site-specific development orders that protectand conserve conservation areas, with densities varying according to the environmentalconstraints. Wetlands in the City shall be designated as Conservation.

Policy 2-16: Discourage coinmercial activities froin locating in wetlands, 100-yearfloodplains and delineated conservation areas through the useofproper site plan procediiresand adopted floodplain management policies in the Conservation Element ofthis plan.

Policy 2-32: The City shall adopt an ordinance to protect existing and futurc potabte watersupply soiirces, providing criteria for establishing protection areas for welJheads and wellfields and for identifying and restricting inappropriate activities and laiid iises wilhin theseareas consistent with the requirements of Rule 9J-5, F.A.C. and Rule 62-521. Until siich anordinatice is adopted, all hazardous inalerials facilities including sinall quantity generatorsand al] industriBi uses shall be prohibited froin wellhead protection areas as deiineated bythe Soiithwest Florida Waler Managenieiit District as a part oftlie coiinly's Water ResoiirceAssessment Project (WRAP) and mapped in the Cily's Futiire Lancl Use Map series.

Policy 7-1: The Cify shali, throiigh initiation and enforcement ofthe goals, objcctivcs andpolicies ofthe adopted Coinprehensive Plan and adoption and iinplementation ofthe City'sLand Developmeiit Code, provide protecdve mechanisms {'or (iie City's naliirai resources.

Policy 7-2: The zone of protection shall be deterniined for each city potable water well by ahydrologisl, and these identified physical boundaries shall be the basis on which tlie use ofhazardous substances, and certaiii land uses which in and oftheiiiselves have a likeliliood toendanger potable water supplies, shall be restricted. These substances (tnd/oi uses shali berestricled and/or specially regulated tbr the purpose ofprolecting potable water siipplies,

Policy 7-3: All environroentally sensitive iand in tlie City including ponds, wellands,streams, and/or sinkholes and their associate<l vegetative communities shatl be conservcdand protected from the effects of urbanizatioii aiid developnient activities througli propersite plan review procediires aiid niitigation measures.

Infrastrucfure Element

Policy 1-7: Septic tanks, package treatment plants and ofher on-site sewage disposalsystems shall be permitted only when sewage plant capacity or system access is iinavailable;however, these package treatn-ient plants shall only be allowed on an interim basis until suchtiine as centralized facility capacity will be available as designated in the city's CapitalImprovement Program. In such situations ail sewer connection lines shall be iiisialled at the

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time of package plant installation so as to be ready to be connected to the centra! sewerfacility when capacity is available.

Poiicy 1-9; Amendments to the Comprehensive Plan and/or Future Land Use Map shall notincrease the demand for public facilities and services iinless adequate capacify is eitheravailable or ensured through other meaiis to service the anticipated demand of newpopulation and commeree brought about by any and all Coinprehensive PIan amendments.

Policy t-10; Operation, design and maintenance of all sanitary sewer, potable water andsolid waste faciiities shall be done in a manner that minimizes the opportuiiity and effecfs offacility-associatecf pollution on water and air systems.

Policy 2-1: Effliient from all city-owiied treatinent plaiits sliall meet all biological andcliemical standards of Chapter 62-600, F.A.C. Reiise water shall ineet the additionalstandards ofChapter62-6IO, F.A.C.

Policy 9-1: The City shalt define the cone ofdepression and zone ofinfluence for all potablewater wells that are acquired or drilled after adoption ofthis plan,

Policy 9-2; The City shall re-define the cone of depression and zone of influence for allpotable vvater wells at the time a consumptive use permit is sought for a greater dailywithdrawal ofwater.

Policy 10-1: All proposed developnient that is to be located in the zone ofinfluence ofacity-owned potable water well shall be reviewed during the development review process forthe purpose ofdetennining ifniaterials to be iised or stored at the proposed development arehazardous inaterials.

Policy 10-2: Ail development orders or certificates of occiipaiicy issued by the City for theproperties located withiii the zone of influeiice of city polable water wells shall haveconditional slatements that regulate existing and future useofhazardous materiats accordingto the city's zoiie of influence-hazardous inaterials ordinance.

Policy 12-1: The city's land development regulations shall favor the installation ofwatersaving fixtiires and devices in iiew and retrofitted biiildings,

Policy 12-2: The city's laiid developnient regulalions shall pemiit the use ofgreywatersystems for ifrigation ptirposes or olher appropriate reuse applicalions.

Coiiservation Eleineiif

Policy 2-13: Wetlands and wetland functions shall be protected and conserved byrestricting direct and indirect development impacts according to.Policies 2-13 and 2-14,Conservation land use designations, open space requirements, and other goals, objectivesand policiesofthis ptan,

Page(9


Policy 3-2: Tlie City shall coordinate whh the FIorida Departnient of EnvironmeiitalProtection and the Southwest Florida Water Management District to identify prime recliargeareas, sinkholes and potential pollution sources within oradjacent to the City.

Policy 3-3: The City shall cooperate with Hernando County to provide protection forlic water supply wells.

ali

Policy 3-4; Prior to development approval, a survey should be coiiducted to properlyidentify active drainage wells. [fany wells are found, the developer shall be responsible forsealing the drainage wells.

Policy 3-5: The City shall cooperate, as appropriate, with the designated programs ofHernando County, Southwest Florida Water Managenient District and other such applicableagencies in the identiflcation and protection of water recharge areas to ensure aqiiiferdepletion and contamination does not occur.

Poiicy 8-1; Tlie City sliall research aiid adopt criteria for Ihe iise of wastevvater reuse plaiiswhere applicable.Policy 8-2: The City shall research and iinplement an emergency water shortage plan.

Capital Improvements Elemeiit

Policy 1-1; Land use developmcnt orders shall be granted only when facilities funcdoningat the adopted leve! ofservice exist, or will be available, conciirrent with occupancy or useof siich developed tand with respect to sevvcr, water and drainiige, and witliin three years forrecreation and traiisportation.

Land Ucvelopmcnt Codc

Land Development Code regulations include:

Section 4-5.6, Landscape Requirements

E. Landscape material

1. Drought-tolerant landscapiiig - Whenever and wherever possibie, use ofdrought-tolerant (Xeriscape) landscaping (as defined by the SouthwestFlorida Water Maiiagenieiit Dislrict's /t Gvicie lo Floricfa-FriencUyLcmdscaping) is recommended in landscape design and construction.

6. Maintenaiice/irrigatioii system - A proper and efllcient niaintenatice/irrigationsystem shall be provided in all landscaped areas,

The Land Development Code also encourages tl-ie iise of greeii roofs on new development. Theroofs may not utilize potable water for irrigation; if (rrigated, (he water soiirce nuist be reclaiinedwater or captured rain water,

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Map 1-4Wellhead Protection Areas

Cir/OFBROOKSVILLEFLORIDA

Page[13


PAID ADVERTISEMENTNOTICE OF TEXT CHANGESTO COMPEHENSIVE PLAN

THE CITY OF BROOKSVILLEPROPOSES TO ADOPT THEFOLLOWING ORDINANCE

Oixlinance No. 851 (CPA 2015-L1), AN ORDINANCE OFTHE CITY OF BROOKSVILLE, FLORIDA, APPROVINGTEXT AMENDMENTS TO THE INFRASTRUCTURE ANDINTERGOVERNMENTAL COORDINATION ELEMENTS OFTHE CnY OF BROOKSVLLE COMPREHENSIVE PLAN;PURSUANT TO COMPREHENSIVE PLAN AMENDMENTPROCEDURES ESTABLISHED IN SECTIONS 163.3161THROUGH 163.3215, FLORIDA STATUTES; PROVIDINGSEVERABILITY; REPEALING ALL ORDINANCES INCONFLICT; AND PROVIDING AN EFFECT1VE DATE.

The first public hearing on the ordinance will be heldbythe City Oouncil, which serves both as the Local PlanningAgency and the Governing Body, on November 2, 2015,af7:00 R M. at City Hall,whichls tocated at 201 HowellAvenue, Brooksville, Florida. The proposed amendment isas follows:

City-initiated request to amend the text of theInfrastructure Element and the IntergovernmentalElement ofthe Comprehensive Plan according toFlorida Statute requirements, modify the CpmpPlan to adopt a 10-year Water Supply FacilittesWork Plan and add the requirement that the Citycoordinate appropriate aspects ofthe Comp Planwith SWR/VMD's Regional Water Supply Plan.

/

As per the requirements of Florida Statutes 163.318\if approved at First Reading, this amendmenl will be'transmitted to reviewing agencies. Inputfrom the agencieswill then be incorporated and 2nd Reading of OrdinanceNo. 851 before City Council will be scheduled and properiyadvertised.

In accordance with the Americans with Disabilities Act,persons with disabitlties needing a special accommodationto partlcipate in this proceeding should contact TelinaDowdell, ADA Coordinator, no later than 24 hours inadvance ofthe meeting at (352)540-381 0. Meeting agendasand supporting documentation are available from the CityClerk's office and on line at www.cityofbrooksville.us.

Any person desiring to appeal any decision with respect to |any matter considered at this meeting may need a record |of the proceedings including the testimony and evidence |upon which the appeal is to be based, and, therefore, must |make arrangements for a court reporter to ensure that a |verbatim record ofthe proceeding is made.

Copies of the proposed Cqmprehensive Plan Amendment |may be reviewed at the City Clerk's Office, 201 Howell |Avenue, Brooksville, Florida, between Ihe hours of 8:001a.m. and 5:00 p.m., Monday through Friday. For further|information, please contact Mr, Bill Gelger, Community|Development Director, at (352) 540-3810.

CITYOFBROOKSVILLE3/JenniferJ. BattistaJenniferJ. BattistaActing Deputy Clty Clerk


CORRESPONDENCE TO NOTE

MARCH 6, 2020

1. January, 2020 Monthly Reports - Main Street Program (Received February 15, 2020)2. Resignadon dated 2/18/20 frotn Laurie Spring from Beaudfication Board3. Memo dated 2/25/20 from Property Appraiser regarding Freedom Gardens Phase I (as

discussed at 2/25/20 Special Meedng4. Approved 12-10-19 Beaudficadon Board Minutes (as directed, in binder m Council office)

A/fo -l^ 7 7070 p^3/2/20 Reg Council Agenda Packet

Page 287 of 290

:39PM

an4f!oiash Bisls

Brooksville Main StreetProfit & Loss YTD Comparison

January 2020

Jan20

Ordinaty Income/ExpenaeIncomo

In-Klnd IncomaPrlvate SeclorOther Revenuas

FL Mennald Trall Map Adortlaw

Tolal Other Flevenues

Promotlons/Event RevonueEvent SponsorshtpsFood & Beverage SalesMerchandlao SalosOn-Site Event DonatlonsReglstratlon/TlcketsVendor FeesPromottons/Event Revenue • Other

Total PromoHons/Event Revenu»

Total tncome

Gross Profit

ExpenseMermaid Tratt EqulpmentLabor or Sen/Icea OonatedOeneral & Admintstrative Expens

Bank Senice FMSComputer ExpenseCrecfit Card Processlng FoesOfflce Supplles S ExpanssPostageProfessional Development/Public

Total Oeneral & AdffllnlstraUve Expena

Insurance ExpansePromotlons S Event &<pense

Evenl Food & BsverageOUier Evont ExpensesTatent & EntortalnmentVenue Rental 8. Fees

Total Promotlons & Event Expenae

Salarles - EmployeesTaxea - PayrollTaaes - Satos & Use

Total Expense

Nel Ordlnary Incoma

Other Incomc/ExpenseOlher Expense

Credlt Card OVQrage(Shortage)

Total Other Expenso

NetOtherlncoma

Net Inconna

8.960.002.336.25

955.54

2,000.002,880.30

59,88641.82300.00653.25100.00

6,615.35

16.867.14

16,867.14

884.096.960.00

43.84100.00

74.8312.8617.4538.77

12.06135.00

8,725.00715.00

9.587.06

8,903.94681.19444.0)

28,102.43

.11,235.29

3.63

.3.53

.11,238.82

e,9eo.oo2,336.25

655.54

955.54

2,000.002,680,30

59.98841.82300.00653.25100.00

6,615,35

16.867.14

16.867.14

684.096.980.00

43.64100.0074.8312.9517.4538.77

287,64

12.06135.00

8,725.00715.00

9.587.06

8,903.94681.19444.01

28,102.43

.11,235.29

.3.53

-11.238.B2

paaf

CTP ^l^3/2/20 Reg Council Agenda Packet

Page 288 of 290

2/19/2020 Mail - Jennifer Battista - Outlook

Fw: Beautification Board

Jennifer Battista <[email protected]>

Wed 2/19/2020 9:24 AM

To: Jennifer Battista <[email protected]>

From: Laurie Spring <[email protected]>Sent: Tuesday, February 18, 2020 3:41 PMTo: [email protected]; Stacey Winchester <[email protected]>Subject: Beautification Board

Dear Ronette & Fellow Beautification Board Members,

It is after much thought and soul searching that I find I have to resign fromthe Beautification Board.

My escalating eldercare issues, compounded by moving my household toCitrus County, keep me from being able to participate as fully as theBoard deserves. I, sadly, do not anticipate this load lightening up for sometime.

Thank you for your understanding.

Sincerely,Laurie

Laurie Spring

Sentfrom my iPhone

Cr^ 'W9-D

1/1


JBattista

Typewritten Text

JBattista

Typewritten Text

MEMORANDUM

TO:

FROM:

SUBJECT:

DATE:

BROOKSVILLE CITY MANAGER, CITY COUNCIL

THE DESK OFJOHN C. EMERSON 3C^/

HERNANDO COUNTY PROPERTY APPRAISER

FREEDOM GARDENS PH.l

2/25/2020

The assessed value of Freedom Gardens was brought up at the City'sEconomic Development meeting on Monday, February 24&, 2020. TheCouncil wanted to know why it was so much lower than the cost to build and Iwas only able to talk in general terms as I was not given the question ahead oftime to be able to give a more specific answer.

Freedom Gardens is a LIHTC or Low Income Housing Tax Credit project thatis designed fof renters with income below the income levels determined byHUD annually. Rents are also detennined by HUD area median income andnumber of occupants for each unit annually. Funding is provided by FloridaHousing Finance Corporadon through the Federal Government.

We have the Cost Approach value at $7,548,608, however, under the LIHTC

giudelines the value for assessment purposes is $3,637,974. We are not allowedto use what would be market rent, but we are required to use the actual rentfrom low income occupants.

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5l-A5-Ab

yr^h^3/2/20 Reg Council Agenda Packet

Page 290 of 290

City of Brooksville

Documents

Transcript of City of Brooksville