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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING AMENDED AGENDA DATE: TUESDAY, NOVEMBER 19, 2013 TIME: 7:00 P.M. PLACE: WILLISTON CITY COUNCIL ROOM CALL TO ORDER ROLL CALL MEMBERS: OTHERS: Mayor R. Gerald Hethcoat City Manager Scott Lippmann President Jason Cason City Clerk Fran Taylor Vice-President Charles Goodman City Attorney Fred Koberlein Councilman Matt Brooks Councilman Cal Byrd Councilman Elihu Ross OPENING PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG ITEM – 1 – MAYOR’S STUDENT OF THE MONTH AWARDS (pp 3–4) ITEM – 2 – PROCLAMATION HONORING MR. ROBERT PHILPOT (pp 5) ITEM – 3 – ADDITIONS, DELETIONS, CHANGES AND APPROVAL OF THE AGENDA ITEM – 4 – PUBLIC PARTICIPATION ITEM – 5 – CONSENT AGENDA A. MINUTES: OCTOBER 8, 2013 REGULAR CITY COUNCIL MEETING (pp 6–12) B. RESOLUTION 2013-64: SKY CHIEF LEASE (pp 13–14) ITEM – 6 – NEW BUSINESS A. PUBLIC HEARING: CDBG GRANT APPLICATION AND RESOLUTION 2013- 65 APPOINTING THE CITIZENS ADVISORY TASK FORCE (pp 15–18) B. PRESENTATION: CDBG FAIR HOUSING WORKSHOP - SEWER MAIN REHABILITATION (pp 19–30) C. RESOLUTION 2013-66: FRDAP MANAGEMENT CONTRACT (pp 31–37) D. RESOLUTION 2013-67: APPROVING BIDS FOR PERIMETER SECURITY FENCING AT THE AIRPORT (pp 38–43) E. ORDINANCE 634 (FIRST READING): DISPOSITION OF RIGHT OF WAY TO STEVEN MOXLEY (pp 44–48) F. ORDINANCE 635 (FIRST READING): COMMERCIAL DEVELOPMENT AND DESIGN STANDARDS (pp 49–81)

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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING

AMENDED AGENDA DATE: TUESDAY, NOVEMBER 19, 2013 TIME: 7:00 P.M. PLACE: WILLISTON CITY COUNCIL ROOM CALL TO ORDER ROLL CALL MEMBERS: OTHERS: Mayor R. Gerald Hethcoat City Manager Scott Lippmann President Jason Cason City Clerk Fran Taylor Vice-President Charles Goodman City Attorney Fred Koberlein Councilman Matt Brooks Councilman Cal Byrd Councilman Elihu Ross OPENING PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG ITEM – 1 – MAYOR’S STUDENT OF THE MONTH AWARDS (pp 3–4) ITEM – 2 – PROCLAMATION HONORING MR. ROBERT PHILPOT (pp 5) ITEM – 3 – ADDITIONS, DELETIONS, CHANGES AND APPROVAL OF THE AGENDA ITEM – 4 – PUBLIC PARTICIPATION ITEM – 5 – CONSENT AGENDA

A. MINUTES: OCTOBER 8, 2013 REGULAR CITY COUNCIL MEETING (pp 6–12) B. RESOLUTION 2013-64: SKY CHIEF LEASE (pp 13–14)

ITEM – 6 – NEW BUSINESS

A. PUBLIC HEARING: CDBG GRANT APPLICATION AND RESOLUTION 2013-

65 APPOINTING THE CITIZENS ADVISORY TASK FORCE (pp 15–18) B. PRESENTATION: CDBG FAIR HOUSING WORKSHOP - SEWER MAIN

REHABILITATION (pp 19–30) C. RESOLUTION 2013-66: FRDAP MANAGEMENT CONTRACT (pp 31–37) D. RESOLUTION 2013-67: APPROVING BIDS FOR PERIMETER SECURITY

FENCING AT THE AIRPORT (pp 38–43) E. ORDINANCE 634 (FIRST READING): DISPOSITION OF RIGHT OF WAY TO

STEVEN MOXLEY (pp 44–48) F. ORDINANCE 635 (FIRST READING): COMMERCIAL DEVELOPMENT AND

DESIGN STANDARDS (pp 49–81)

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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING

Agenda 2 November 19, 2013

G. ORDINANCE 636 (FIRST READING): REDUCING THE NUMBER OF PLANNING AND ZONING COMMISSIONERS FROM 7 TO 5 (pp 82–90)

H. REPORT: SEPTEMBER 2013 FINANCIAL SUMMARY (pp 91–107) I. RESOLUTION 2013-68: UTILITY BILLING WRITE-OFFS (pp 108–111) J. RESOLUTION 2013-69: CLARIFYING THE THRESHOLD FOR FIXED ASSET

INVENTORY ITEMS (pp 112–116) K. RESOLUTION 2013-70: AUTHORIZING THE WRITE OFF OF FIXED ASSETS

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ITEM – 7 – PUBLIC PARTICIPATION ITEM – 8 –ANNOUNCEMENTS ITEM – 9 – ADJOURNMENT Minutes of the City Council meeting may be obtained from the City Clerk’s office. The minutes are recorded, but not transcribed verbatim. Persons requiring a verbatim transcript may make arrangements with the City Clerk to duplicate the recordings, or arrange to have a court reporter present at the meeting. The cost of duplication and/or court reporter will be borne by the requesting party. In accordance with Section 286.0105, Florida Statutes, notice is given that if a person wishes to appeal a decision made by the City Council with respect to any matter considered at this meeting they will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is based. In accordance with Section 286.26, Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the Mayor through the City Clerk’s office no later than 5:00 P.M. on the day prior to the meeting.

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Student of the Month for Williston Central Christian Academy Second Grade

Student: Hagen Etheridge

Parent(s)/Guardian(s): Todd and Danielle Etheridge

********************************************

I am delighted to nominate Hagen Etheridge as Student of the Month for Williston Central Christian Academy. Hagen is the son of Todd and Danielle Etheridge. Hagen is an energetic second grader with a love of learning. He always comes to class prepared, with his binder signed and all of his homework complete! Hagen exhibits pride in all his work and always tries his best. He is consistently active in our class discussions and loves to share stories with the class. Hagen displays wonderful leadership qualities. He is willing to help and encourage other students in our class. He is a great example of how a student should act during class. God has blessed Hagen with many qualities that make him a great student. He uses self-control when situations arise that could cause many to lose their temper. He is kind to his classmates and fellow students at WCCA. Not only does Hagen make good grades and have an awesome attitude at school but he is also active outside the classroom. He plays flag football for WYAA on the Cowboys team. He is a super fast and determined to do his best on the field. Hagen enjoys spending time with his cousins, especially at Blue Run and in the hunting woods. He also likes to play with his dog, Henley.

I am blessed to have the privilege to be his teacher this year and look forward to all that God will do in Hagen. Hagen is an asset to my classroom and WCCA!

Student of the Month for Williston Elementary School Fifth Grade

Student: Nicholas Cittadini

Teacher: Mary Sridar

Parent(s)/Guardian(s): Barbara Riddle

********************************************

Nicolas is a hardworking, responsible fifth grade student who works hard on each task and never gives up. He always has a positive attitude and is respectful toward all of his classmates and teachers. He is very helpful and eager to learn.

November 19, 2013 Agenda Packet 3 of 116

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Student of the Month for Williston Middle School Eighth Grade

Student: Kayla Wright

Parent(s)/Guardian(s): Becky Langford

********************************************

Kayla is an A & B Honor Roll student and a member of the grade Advanced Via Individual Determination (AVID) program. Her favorite teacher is Mrs. Taylor who also happens to be her AVID instructor. As far as academics, Kayla feels that Language Arts is her better subject, and she is currently enrolled in Algebra I for high school credit. According to Tammy Davis, Kayla’s science teacher, Kayla is a conscientious student who takes pride in doing her best.

Kayla is also enrolled in the Computing for College and Careers (CCC) class with Mrs. Taylor, and looks forward to getting several industry certifications. When asked about activities outside of school, Kayla says she enjoys hanging out with her sister and listening to music. The grade team celebrates Kayla and her accomplishments, and congratulates her mom on a job well done.

Student of the Month for Williston High School

Student: Kayla Ross Teacher: Teresa Ozment

********************************************

Kayla’s class participation portrays what I consider to meet the definition of a common core student. Kayla is filled with enthusiasm; she thinks critically and asks questions beyond the expectation of the daily lesson. In turn, she assists classmates and attempts to answer common core type questions which may be asked by her peers. ALL of her work is turned in on time or earlier ; her grades exemplify her hard work and dedication.

November 19, 2013 Agenda Packet 4 of 116

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PROCLAMATION

WHEREAS, Robert Philpot has dedicated himself throughout his lifetime to the agriculture industry and in teaching our young people about its vital role in America; and WHEREAS, Robert Philpot has embodied his own philosophy of “do what you love and love what you do” throughout his work in the field of agriculture within the City of Williston and throughout the State of Florida to students and peers alike; and WHEREAS, through this commitment, Robert Philpot has touched the lives of over 3,000 students in his 37 years of teaching at Williston High School; and WHEREAS, Robert Philpot, in the course of his career, has advocated for agriculture education to state commissioners and legislative committees; was named Williston High School’s Teacher of the Year in 1985, and named Levy County Teacher of the Year in 1985. He has received the Honorary Sate FFA Degree, and the American Degree. In 1988, he was named the Outstanding Agriculture Educator for Florida. He has received the Florida Association for Career and Technical Educators’ Carl Obrien Humanitarian Award for his extensive community service and involvement in agriculture education. In 2003, he received the Outstanding Alumni Award for the Agriscience Leadership Program. In 2007, Williston High School was named the Outstanding Program in Florida; and

WHEREAS, Robert Philpot has left an indelible mark in the field of agriculture. He has left a lasting legacy with the Williston FFA program and the Agriculture Leadership Program, both programs he helped to develop and grow which have a profound and lasting impact on students and peers. Robert Philpot, through his lifetime of commitment, has exemplified the highest standards of leadership and public service within the community and in the lives of those he has touched. NOW, THEREFORE, I, R. Gerald Hethcoat, by virtue of the authority vested in me as Mayor of the Cityof Williston, Florida, do hereby recognize and congratulate this 19th day of November 2013

Robert Philpot on his induction to the Florida FFA Hall of Fame In the City of Williston and invite all our citizens to join me in expressing appreciation for his commitmentand dedication to others and to the field of agriculture. IN WITNESS WHEREOF, I have hereunto set my hand and caused the SEAL of the City of Williston to be affixed at Williston, Florida, this 19th day of November 2013. _______________________

R. Gerald Hethcoat, Mayor

November 19, 2013 Agenda Packet 5 of 116

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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING

AGENDA DATE: TUESDAY, OCTOBER 22, 2013 TIME: 7:00 P.M. PLACE: WILLISTON CITY COUNCIL ROOM CALL TO ORDER ROLL CALL MEMBERS: OTHERS: Mayor R. Gerald Hethcoat City Manager Scott Lippmann (Absent) President Jason Cason City Clerk Fran Taylor Vice-President Charles Goodman City Attorney Fred Koberlein Councilman Matt Brooks Councilman Cal Byrd Councilman Elihu Ross OPENING PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG President Cason called the meeting to order. Mayor Hethcoat opened with prayer and led the Pledge of Allegiance to the flag. ITEM – 1 – ADDITIONS, DELETIONS, CHANGES AND APPROVAL OF THE AGENDA Councilman Byrd called attention to Item 4A Resolution 2013-64 and 5A Resolution 2013-64. He noted the Resolutions both referred to the Florida Municipal Services. President Cason advised that there was a supplement to be inserted at the end of the packet, including information referring to Item 5A on the building official contract. Councilman Byrd moved to approve the agenda. Councilman Brooks and Councilman Ross seconded. On vote, the motion carried unanimously, 5-0. ITEM – 2 – PUBLIC PARTICIPATION President Cason noted that new in the order public participation would be the first item at the agenda based on the input of City Attorney Koberlein. Mr. Dave Bibby, restaurant owner at the Williston Airport addressed Council. He stated he wanted to congratulate Mr. Brooks on his appointment. He read in the paper how municipalities are struggling with their budgets. He stated he wanted to applaud the City Manager, staff and Council for keeping the City financially stable. He applauded them for giving the employees a raise, adding it was something they deserve and have not had for years. He commented that it helps the economy. The airport advisory board has been shattered and he sees a lot of activity at the airport. He stated he had learned there would be an aviation school coming to the airport. He stated he would like to see the Council reinstate the airport advisory board. He put a lot of effort into it and is dedicated to it. He was pleased when the council appointed him to the board. He noted that everyone knows why it crashed. The excuse was the Airport Manager can handle it. A lot of money goes into it. He would like the airport ordinance to go on the agenda for discussion at a future meeting. President Cason advised that Mr. Bibby’s opinions are valued and noted that Council will take his suggestions into consideration. ITEM – 3 – CONSENT AGENDA Vice President Goodman moved to approve the consent agenda. Councilman Byrd seconded. On vote, the motion passed 5-0. A. MINUTES: OCTOBER 8, 2013 REGULAR CITY COUNCIL MEETING B. MINUTES: SEPTEMBER 10, 2013 REGULAR CITY COUNCIL MEETING WITH FORM 8B C. MINUTES: AUGUST 13, 2013 PERFORMANCE CONTRACTING WORKSHOP

November 19, 2013 Agenda Packet 6 of 116

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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING

Agenda 2 October 22, 2013 ITEM – 4 – OLD BUSINESS A. RESOLUTION 2013-60: BUILDING OFFICIAL CONTRACT AMENDMENT Planner Hall reviewed the item as noted in the agenda cover. He advised that the amendment would update attachment A to the Florida Municipal Services contract. FMS has requested an increase from $40 to $50 per hour with an increase from a 2 hour minimum to a 3 hour minimum. This would not increase the amount citizens pay but what the City pays. Staff wants to study the rates so they can be adjusted to a fair level. He described possible options. The current fee is $50 for the first $1000. The proposed rates are in line with other jurisdictions such as Dixie County and Cedar Key. Staff is not proposing to adjust the rates to the building permit fees, just the rate the City pays to FMS. President Cason asked if staff had done any discovery as to what impact this would have had on Williston in the prior fiscal year. Planner Hall responded he had done some. Last year, the City issued 243 building permits and collected $22,472 in permit fees. The City paid FMS $12,300 for their services. It is difficult to get into discussion of the fees because the City is currently on an hourly basis. President Cason confirmed that the update would bring the rate to $50 per hour and the 3 hour minimum would be applicable to trips to Williston but not necessarily charged per permit. He noted this would mean if there are 3 permits and FMS is inspecting three per day, the City would not be charged $150 for all three. Vice President Goodman noted he had some questions. First, he looked for the packet Friday at 4 pm but received it at approximately 8 pm. That only gave him Saturday to look at the information. He had asked for a meeting with city staff based on the information and wanted to go over some of these numbers. First on the spread sheet that shows current and new residential building permit fees - new residential only. On the last item in red, it notes the fees for $200,000 value of construction work. The current fees in the $200,000 bracket are $1588.78. The current fees for new residential only for $200,000 bracket are $1076.35. He confirmed the rate includes the state surcharge and noted that under the rate proposed, it indicates $2060.00. He stated this seems to be an almost 100% increase in the cost of that permit. He commented that he thought he heard Mr. Hall state the City was not increasing the cost of permits to our citizens. Planner Hall responded that the City would not be doing that with this action. On page 23 of the packet, exhibit A item is the only item being changed in the contract. There is no spreadsheet like that in the current contract it is just exhibit A and the Resolution. Vice President Goodman questioned that the entire spreadsheet was provided just for Council to consider. Planner Hall confirmed. Vice President Goodman stated that basing his calculations on a $115,000 home using the spreadsheet figures, the total permit fee in the city of Williston would be $844.60. In the County, the same permit in Levy County would be $570. In Gainesville it would be $769.50 and in Alachua County it would be $660. For a $115,000 project, the City of Williston fees as currently structured are higher than Levy County, Alachua County or and the City of Gainesville. He noted that it seems to him they are already high enough. The City had $22,000 of permit work. He questioned if all we have is $22,000 of permitted work and we are going to double the fees then what are we trying to accomplish. He noted it is already difficult when somebody wants to hang the door and they find out they have to pay an extra $100 for a permit to have someone install the door and he has to present the building inspector with the engineering and the installation and attachment schedule. What happens is they wait until Saturday to install the door. The City cannot do anything about that or legislate that. If the owners are going to do that, they can take that up with their insurance company when there is a problem and the insurance company finds out they did not have a permit. He stated he just wanted to point out that when Council is provided with a spread sheet, he tries to do due diligence. He does not pass something without reading it. When he sees a spreadsheet like this he went to the websites of the various areas and printed out their fee schedule. The city of Gainesville is simple. He just wanted to point it out and be on record. He recognized that Mr. Brown has to make a profit. The spreadsheets are a nightmare. Anyone who wants an alternative to the spreadsheets should go to the other municipalities as he did and print out their various schedules. Just on those he reviewed, there are three different alternatives on how to calculate the fees. These municipalities all have an in house building department. They are not contracting

November 19, 2013 Agenda Packet 7 of 116

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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING

Agenda 3 October 22, 2013 it out. What he has been dealing with since the last meeting is these spreadsheets. Then when he received a new spreadsheet, the amounts are slightly less than last meeting but they are not significant. Mr. Brown stated as far as raising the fees, he has suggested to the Mayor and Planner Hall that Council hold a workshop to discuss the issue. Currently the effort is to increase the minimum charge. As President Cason said, that fee is for his trip here whether this one inspection or 15 inspections. Vice President Goodman stated he had no problem with that. He could not receive the spreadsheet and then not address it in some way. President Cason commented that he appreciated Mr. Goodman’s passion for that subject. Staff’s recommendation is not to consider an increase in permitting fees but only to update the contract so the minimum hourly fee is met. Vice President Goodman responded that he had no problem with that either. President Cason explained that Council is looking at a proposed amendment to the contract to change the rate schedule paid to FMS by the city from $40 per hour with a two hour minimum to $50 per hour with a 3 hour minimum. He confirmed with Planner Hall that the item has no bearing on fees paid by citizens or businesses who obtain a permitting fee within the City of Williston. Councilman Byrd moved to approve Resolution 2013-60. Councilman Ross seconded. President Cason read the title of the resolution into the record. Councilman Byrd confirmed that is what was recommended by staff. President Cason noted he wished the Council had the fiscal impact to the City of Williston because effectively what it does is cost the City money. There was some discussion on cost to the City. The general consensus was the City would break even or make slightly less based on the figures from the prior year. President Cason and Vice President Goodman agreed that without getting into billings from the prior year it would be difficult to measure. Vice President Goodman and President Cason confirmed with City Attorney Koberlein that from a legal standpoint, the Council is not committing to changing the Contract just by updating the exhibit. On vote, the motion passed 5-0.

B. RESOLUTION 2013-62: AFSCME UNION CONTRACT President Cason provided background in the absence of Mr. Lippmann. He advised that the City has not had a contract with the general employees union since fiscal year 2010. The Council was presented with the proposed contract at prior meeting in which the Union and City had agreed to a 5% pay increase for general. The Council had questions as to items within the contract and how it presented compared to previous contract. Council decided to schedule an executive session during which the contract was reviewed in detail. Council is being asked to approve the contract. He advised that the information discussed in the session is the only information Council can discuss behind closed doors. The City was asked for numerous concessions previously that it was unable to provide. In terms of the new contract, it was decided in session that it is a reasonable contract. The Council is being charged with the approval of a resolution that will in turn approve the contract with the general employees. Councilman Byrd moved to approve resolution 2013-62. Councilman Brooks seconded. President Cason read the title of the resolution into the record. On vote the motion carried, 5-0.

C. RESOLUTION 2013-63: PBA UNION CONTRACT President Cason explained this is a very similar situation to that of the general employees contract. The contract was previously presented and referred to executive session. Previously, the union local had made numerous requests that the Council felt were out of line with what was typical with the market place. That is why an agreement was never obtained. The executive session was held to ensure the Council that the contract was one that was consistent with the City’s goals. As a result of the session, the contract is being brought back for approval. Councilman Byrd moved to approve Resolution 2013-63. Councilman Brooks seconded. President Cason read the title of Resolution 2013-63 into the record. On vote, the motion carried 5-0.

ITEM – 5 – NEW BUSINESS

A. RESOLUTION 2013-64: SKY CHIEF AVIATION LEASE

November 19, 2013 Agenda Packet 8 of 116

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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING

Agenda 4 October 22, 2013 Planner Hall advised the item was a new land lease at the airport. The owners approached the City Manager about relocating the flight school. A location was identified by the FBO. This would be a portable office building. The owners would also rent 2 T-hangars. He stated the survey was included in the packet. It would be located north of the FBO and outside of the security fence. The names and addresses were added to the lease and the current rate was adjusted to $1146.00 per year or $84.29 per month for the .129 acres based on the standard rate of $.18 per foot per year for improved airport property. The T-hangar lease revenue would be an initial $500 per month. Because it is intended to be a temporary agreement, the lease is for a three year period with one year extension option. Staff recommends approval of the lease agreement. President Cason noted the airport manager is not present at the meeting and asked if he had been briefed and well versed on this lease. Planner Hall confirmed he had been. President Cason asked City Attorney Koberlein if he had reviewed the lease. City Attorney Koberlein advised he had. It is a standard airport lease for construction with no financing. Vice President Goodman noted that improvements to the property would include water, sewer, a paved walkway and the installation of a pedestrian gate to the t-hangars. He questioned who would be paying for the improvements. Planner Hall advised that the City is paying for them initially but the applicants will be reimbursing the City for the cost. President Cason questioned whether that had been defined in the lease. Vice President Goodman confirmed with Planner Hall that even though it is a portable building, it would have to be inspected and the flight school would pay the permit fees associated with the installation. City Attorney Koberlein confirmed that in the lease, the lessee will bear the cost for improvements with the written approval of the Lessor. He stated that if Mr. Hall is saying the City would front the funds, he has seen revisions where the Lessee agreed to reimburse the City. It is not uncommon for a City to do that. Vice President Goodman stated he just wanted to clarify whether the City would be bearing the cost. City Attorney Koberlein stated in accordance with the current lease, the Lessee would be paying the cost of improvements. He stated if that that is going to change, then the City will need to revise the lease to state exactly what is going to happen. There was some discussion about the process of modifying the lease. President Cason stated that Council is being asked to consider 2013-64 yet the Council does not have the Resolution. The Council can approve the lease in concept and have the lease presented in the consent agenda at next meeting that would include the revisions or the Council can authorize the Council President to sign with the revisions and have a Resolution post-dated. He did not want a technicality to prevent the City from entering into a contract and moving forward. City Attorney Koberlein advised that he was not aware there was going to be a situation where the City would be financing the improvements. In the interest of time, he recommended that the Council approve the lease if the Lessees are willing. The resolution can come before Council to memorialize it at the next meeting. The Lessee and the City Manager could then amend it at a later date and bring it back to Council. Mr. and Mrs. Foote addressed the Council. Mrs. Foote stated they had approached Mr. Lippmann and they believe Williston will be a really good fit for the flight school and it will offer a lot of advantages for this area. She stated they are really excited about moving to Williston. Councilman Ross asked who would be providing the aircraft. Mr. Foote stated that the flight school will provide them. He owns two aircraft for the flight school which they lease and use for instruction. The aim is to grow and add a fleet. The planes are single engine. President Cason confirmed that the hangars will be utilized for storage of aircraft. Mrs. Foote state the intent is to build a permanent facility. President Cason confirmed that the lease changes discussed were consistent with the intent of the owners. President Cason stated that Council is being asked to approve the lease as presented with a Resolution to memorialize the approval of the lease. The Council can potentially expect an amendment. Vice President Goodman moved to approve the lease as presented with that understanding. Councilman Byrd seconded. City Attorney Koberlein confirmed the appropriate nature of those actions. Mr. Dave Bibby stated that he had not received a written notice that I was no longer on the airport advisory board so he is advising and hoping Council would approve the lease as a business owner and citizen. On vote,

November 19, 2013 Agenda Packet 9 of 116

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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING

Agenda 5 October 22, 2013 motion passed 5-0. President Cason directed staff to ensure that Resolution 2013-64 is place on the consent agenda for next council meeting.

B. INFORMATION: HOTEL FEASIBILITY STUDY President Cason advised that the feasibility study item is in the packet for information purposes only. He and Mr. Lippmann and a local bank representative met with the HDG group and they are very interested potentially in putting a hotel/motel property in Williston. The City would pay for the study and the City would become the owner of the study and the information contained within it in the future. Mr. Lippmann had reached out to the Nature Coast Business Development Council and Dave Pieklik declined to fund the proposal because he questioned whether the prospective project would have enough regional impact. After the meeting that Mr. Lippmann set up with the HDG representatives, he received a phone call from Ryan Bell who is the Chairman of the Levy County Board of County Commissioners. Commissioner Bell informed him that the Nature Coast Business Development Council is an entity appointed by the Levy County Board of County Commissioners. The position that Mr. Pielklik holds is funded by the Levy BOCC. Mr. Bell’s statement he was not sure that everyone on the Commission is sure of what that entity was supposed to be doing for the county. He could not fault him because it was not in Mr. Pieklik’s budget. The funding would have to come from the Levy BOCC and he does not have the authority to off that type of funding. That is why it hit a dead end. Mr. Bell is trying to put together an interagency group that would involve members of the City Councils from Bronson, Chiefland and Williston, the Levy BOCC and other potential community volunteers that could put together a workshop so there would be funds available for these types of projects through the development council. It could be a matching program. There is potential for that in the future. The memo states the City will purchase a feasibility study. Mr. Lippmann has the authority to spend that money and Mr. Bloom have located where the funding would be drawn. Vice President Goodman noted that the City’s Purchasing Policy gives the City Manager the authority to commit funds up to $10,000. He confirmed it was $10,000 per purchase. He suggested that the Council might need to look at that. President Cason stated that he asked Mr. Lippmann if it were possible to have this budget item brought to Council to save that particular thought that Mr. Lippmann could just run out and spend $10,000. With his vacation pending and the fact that he had a firm plan on the study he felt it was best to just move forward and confirm the plan. Vice President Goodman stated he was just pointing out a potential problem that is in the City’s constitution given that authority without a definition of what that authority is. There is no intent to in any way impugn what the City Manager’s decision was or his right to make it. Councilman Ross asked if there was discussion about where the hotel would be. President Cason advised that the feasibility study was going to locate several potential sites. Mr. Witt of the Levy County Journal asked if the City was going to pay for the feasibility study. Vice President Goodman confirmed that the City Manager is authorized to do that already. Mr. Witt questioned if the interagency committee would be designed to raise funds for these types of projects. President Cason responded, not necessarily, Mr. Bell’s goal would be to have a discussion within the county to help entities with expenses like this through the Business Development Council. Councilman Ross confirmed this study would be for the City of Williston only. There was discussion on the general purpose of the other agencies. President Cason stated that the City is paying for a feasibility study and will look at some potential for the county to help pay for that at some point.

C. INFORMATION: CITY MANAGER EVALUATION President Cason stated that the City has a contract with Mr. Lippmann from December 2012 that called for a pay increase tied to a performance evaluation to be conducted in April and October. The evaluation is past the deadline so Council is now conducting the second of the two predetermined evaluations. His

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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING

Agenda 6 October 22, 2013 pay raise will be tied to the performance score. He is requesting that each member complete it and submit it back to him by the next regularly scheduled meeting by Tuesday November . He will then compile them to be part of the 11/19 agenda for full consideration. President Cason added that after this evaluation the City Manager would be evaluated annually on the anniversary of his contract. Councilman Brooks stated that in running a business he likes to know what the employee is doing. With his very short tenure at this time, he would not have anything to add for this evaluation. President Cason noted that if that is the case, he would not be bound by law to provide the evaluation. He explained the weighted averages in scoring and compiling the evaluations. City Clerk Taylor suggested he could make us of the not observed category if he did want to provide some input in other areas.

D. INFORMATION: CITY CLERK EVALUATION President Cason advised of the need to complete the annual evaluation for the City Clerk. This is the first annual evaluation since the initial 6 month evaluation was conducted one year ago. He requested the evaluations be provided to him on November and the compilation will be provided in the packet for November . He requested these be completed in a word document. ITEM – 6 – PUBLIC PARTICIPATION Chief Strow addressed the Council and advised he wanted to update the members of personnel changes occurring within the police department. Dispatcher Judy Collins is retiring and will complete her duty Nov . Officer Chuck Strachan has decided to retire. He has hired Officer Derek Nunn from his reserve. Officer Nunn has a 15 year background in corrections. ITEM – 7 –ANNOUNCEMENTS Mayor Hethcoat stated that the City has hosted the county Veteran’s Day Celebration in the past. This year it will be in Cedar Key at 11 am on November . The City has received questions asking if there would be a Veteran’s Day observance in Williston. He believes the City should still be doing them as it has in the past. He stated he would like to do that again this year. Vice President Goodman stated he appreciated that very much. He was concerned about scheduling conflicts if the events were scheduled simultaneously. Mayor Hethcoat stated the county celebration is scheduled for 11 am and Williston’s would be scheduled for 6 pm. Cedar Key is the host City this year. The Council and City should look at sending something to show support. Vice President Goodman recommended someone contact the local Veterans organization. ITEM – 8 – ADJOURNMENT Councilman Byrd moved to adjourn. Vice President Goodman seconded and the meeting was adjourned at 8:12 pm.

_______________________________________

Jason S. Cason, President City Council ______________________________________ Frances V. Taylor, City Clerk Minutes of the City Council meeting may be obtained from the City Clerk’s office. The minutes are recorded, but not transcribed verbatim. Persons requiring a verbatim transcript may make arrangements with the City Clerk to duplicate the recordings, or

November 19, 2013 Agenda Packet 11 of 116

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CITY OF WILLISTON, FLORIDA CITY COUNCIL MEETING

Agenda 7 October 22, 2013 arrange to have a court reporter present at the meeting. The cost of duplication and/or court reporter will be borne by the requesting party. In accordance with Section 286.0105, Florida Statutes, notice is given that if a person wishes to appeal a decision made by the City Council with respect to any matter considered at this meeting they will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is based. In accordance with Section 286.26, Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the Mayor through the City Clerk’s office no later than 5:00 P.M. on the day prior to the meeting.

November 19, 2013 Agenda Packet 12 of 116

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COUNCIL AGENDA ITEM

TOPIC: RESOLUTION 2013–64: APPROVING LAND LEASE WITH SKY CHIEF’S AVIATION REQUESTED BY: STAFF PREPARED BY: Adam Hall BACKGROUND / DESCRIPTION: At the October 22, 2013 City Council meeting, the Council approved a land lease with Sky Chiefs Aviation. While the lease requires tenants to pay for improvements to the property, the City has agreed to finance those upfront with the tenant reimbursing the City. The Council was agreeable to this, but requested this be memorialized through a Resolution, which is attached. LEGAL: REVIEW: Pending FISCAL IMPACTS: Annual increase in rent revenue of $1,011.46 RECOMMENDED ACTION: Adopt Resolution 2013-64 APPROVING LAND LEASE WITH SKY CHIEF’S AVIATION ATTACHMENTS: _____ CONTRACT __X__ RESOLUTION _____ MAP __X___ LEASE _____ OTHER DOCUMENTS _X__ CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COUNCIL ACTION: _______ APPROVED _______ DISAPPROVED

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RESOLUTION NUMBER 2013-64

A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, Approving a land lease to sky

chiefs aviation; clarifying reimbursement for site improvement work

WHEREAS, the Williston City Council approved a land lease agreement with Sky Chief’s Aviation (Ryan

and Kemi Foote) for the purpose of constructing and operating an aviation training facility; and,

WHEREAS, the Williston City Council finds that it is in the best interest of the City and the Municipal

Airport to encourage such development; and,

WHEREAS, the City has agreed to make certain site improvements to the leased area including: I. Installation of Water and Sewer Lines

II. Installation of Pedestrian Access Gate III. Installation of Pedestrian Access way IV. Installation of Wastewater “grinder” pump

WHEREAS, the tenant, Sky Chief’s Aviation, has agreed to reimburse the City for these costs once completed.

NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that:

SECTION 1. Collection. The City Manager, or their designee, shall be responsible for the collection of the

reimbursement in a manner that is acceptable to both parties. Any repayment plan created shall not

extend past September 30, 2014.

SECTION 2. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by the City Council.

PASSED AND ADOPTED this 19th day of November, 2013.

CITY OF WILLISTON

ATTEST: _______________________________________

Jason S. Cason, City Council President __________________________________ Frances V. Taylor, City Clerk

November 19, 2013 Agenda Packet 14 of 116

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Date: November 19, 2013

AGENDA ITEM TOPIC: Community Development Block Grant Application Process Continuation: Public

Hearing BACKGROUND / DESCRIPTION: Previous Application: On July 2, 2012, the Council approved (5-0) the contract to allow Jones Edmunds to design the infrastructure improvements that would become a part of the application for the Community Development Block Grant (CDBG) program. On September 11th, 2012, the City Council approved of the application at the First Hearing and appointed the Citizens Advisory Task Force to review the application. On September 12th, 2012, the Citizens Advisory Task Force did review the application made a recommendation to the City Council for approval. On September 25, 2012 the Council voted 5-0 to submit an application to the Small Cities CDBG program for Fiscal Year 2012. On January 22, 2013 the City was notified that the City would receive no funding through this project based on the rankings of all submitted applications. The primary reason for this was that our application was assigned a negative 25 point penalty because of the late submission of our Fiscal Year 11/12 Audit. The audit was due by June 30, 2012 but was not received by the Department of Economic Opportunity until July 2012. This penalty will also be present on our next application as well. The project included the replacement of sewer lines on the following streets:

1. SE 4th Drive between SE 4th Avenue and SE 3rd Avenue 2. SE 4th Drive between manhole and SE 5th Avenue 3. SE 5th Avenue between SE 4th Drive and SE 4th Terrace 4. SE 4th Terrace between SE 5th Avenue and manhole 5. SE 2nd Street between SE 1st Avenue and SE 5th Avenue 6. SE 2nd Avenue between SE 4th Street and end of Se 2nd Avenue 7. SE 10th Street Plan between SE 1st Avenue and SE 4th Avenue

It also included the construction of a pressure reducing water valve for the water system. For the current application As part of the application process, there are several required hearings and presentations that must be made before the Council. This purpose of the hearing is to discuss possible projects, receive public comment on these projects, and appoint a Citizen’s Advisory Task Force (CATF) to consider the information gathered from this Public Hearing. The CATF will meet at a time to be determined.

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There would be a second public hearing on December 17, 2013 to formally submit the CDBG application to the State. A formal resolution to submit would be considered by the Council at that time. The Council today is considering appointing a Citizens Advisory Task Force and holding the first public hearing to consider this application. FISCAL IMPACTS: None LEGAL REVIEW: Not applicable RECOMMENDED ACTION: 1. Move to appoint the following people to the

Citizens’ Advisory Task Force:

- Crystal Curl - Cara Fortney - Sharon Holcomb - Avis Seabrook - Bob Harris - Betty Fender

2. Receive any public comment on the proposed projects

COMMISSION ACTION: APPROVED _______ DISAPPROVED _______

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RESOLUTION NUMBER 2013-65

A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA,

APPOINTING CRYSTAL CURL, SHARON HOLCOMB, CARA FORTNEY, BOB

HARRIS, AVIS SEABROOK, AND BETTY FENDER TO THE CITY OF WILLISTON

CITIZENS ADVISORY TASK FORCE FOR A PERIOD OF ONE YEAR ENDING

NOVEMBER 20, 2014.

WHEREAS, the Williston City Council wishes to appoint the following citizens of

Williston to the City of Williston's Citizens Advisory Task Force:

1. Crystal Curl 2. Cara Fortney 3. Sharon Holcomb 4. Avis Seabrook 5. Bob Harris 6. Betty Fender

WHEREAS, the Williston City Council has stated that this appointment shall last for a period of one year, ending November 20, 2014.

WHEREAS, it is necessary for the City to appoint a Citizens Advisory Task Force to consider all applications to the Community Development Block Grant (CDBG) Program.

WHEREAS, each of the above named are current and lawful citizens of residing within the City Limits of the City of Williston.

NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that:

SECTION 1. APPOINTED. This Resolution appoints the above named citizens to the

City of Williston Citizens Advisory Task Force for a period of one year, ending

November 20, 2014.

SECTION 2. AFFIRMATION. The City Council of the City of Williston hereby affirms

that the above whereas clauses are true.

SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by the City Council.

PASSED AND ADOPTED this 19 th day of November , 2013.

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PASSED AND ADOPTED this 19th day of November, 2013.

CITY OF WILLISTON

ATTEST: _______________________________________

Jason S. Cason, City Council President __________________________________ Frances V. Taylor, City Clerk

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Date: November 19, 2013

AGENDA ITEM TOPIC: Community Development Block Grant Application Process Continuation: A Fair

Housing Presentation BACKGROUND / DESCRIPTION: History of Council Action: On July 2, 2012, the Council approved (5-0) the contract to allow Jones Edmunds to design the infrastructure improvements that would become a part of the application for the Community Development Block Grant (CDBG) program. On September 11th, 2012, the City Council approved of the application at the First Hearing and appointed the Citizens Advisory Task Force to review the application. On September 12th, 2012, the Citizens Advisory Task Force did review the application made a recommendation to the City Council for approval. On September 25, 2012 the Council voted 5-0 to submit an application to the Small Cities CDBG program for Fiscal Year 2012. On January 22, 2013 the City was notified that the City would receive no funding through this project based on the rankings of all submitted applications. The primary reason for this was that our application was assigned a negative 25 point penalty because of the late submission of our Fiscal Year 11/12 Audit. The audit was due by June 30, 2012 but was not received by the Department of Economic Opportunity until July 2012. This penalty will also be present on our next application as well. As currently proposed, this CDBG application would fund the replacement or rehabilitation of sewer lines on the following streets:

8. SE 4th Drive between SE 4th Avenue and SE 3rd Avenue 9. SE 4th Drive between manhole and SE 5th Avenue 10. SE 5th Avenue between SE 4th Drive and SE 4th Terrace 11. SE 4th Terrace between SE 5th Avenue and manhole 12. SE 2nd Street between SE 1st Avenue and SE 5th Avenue 13. SE 2nd Avenue between SE 4th Street and end of Se 2nd Avenue 14. SE 10th Street Plan between SE 1st Avenue and SE 4th Avenue

It also included the construction of a pressure reducing water valve for the water system. As part of the application process, there are several required hearings and presentations that must be made before the Council. This presentation or workshop will be to review the Fair Housing Ordinance that the City passed on June 5, 1990. This ordinance forbids housing discrimination against any of the protected classes (race, color, familial status, handicap, national origin, religion and sex). The City Council will find the City’s Fair Housing Ordinance attached.

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FISCAL IMPACTS: None LEGAL REVIEW: Not applicable RECOMMENDED ACTION: No action necessary COMMISSION ACTION: APPROVED _______ DISAPPROVED _______

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(1)

(2)

Williston, Florida, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 26 - HUMAN

RIGHTS >> ARTICLE II. - FAIR HOUSING >>

ARTICLE II. - FAIR HOUSING [31]

Sec. 26-31. - Declaration of policy.

Sec. 26-32. - Definitions.

Sec. 26-33. - Exceptions.

Sec. 26-34. - Discrimination in the sale or rental of housing and other prohibited practices.

Sec. 26-35. - Discrimination in the provision of brokerage services.

Sec. 26-36. - Discrimination in the financing of housing or in residential real estate transactions.

Sec. 26-37. - Prohibited discrimination in land use decisions and in permitting of development.

Sec. 26-38. - Administration.

Sec. 26-39. - Procedure.

Sec. 26-40. - Hearings before the council.

Sec. 26-41. - Other remedies.

Sec. 26-42. - Report to real estate commission.

Sec. 26-31. - Declaration of policy.

It is hereby declared to be the policy of the city in the exercise of its police power for the

public safety, public health, and general welfare to ensure equal opportunity to obtain adequate

housing by all persons, regardless of race, color, sex, religion, national origin, familial status, or

handicap, and, to that end, to eliminate discrimination in housing.

(Ord. No. 323, § I, 6-5-1990; Code 1958, § 5A-16)

Sec. 26-32. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings

ascribed to them in this section, except where the context clearly indicates a different meaning:

Discriminatory housing practice means an act that is unlawful under sections 26-34 through

26-37.

Dwelling means any building, structure, or portion hereof which is occupied as, or designed

or intended for occupancy as, a residence by one or more families, and any vacant land which is

offered for sale or lease for the construction or location thereon of any such building, structure, or

portion thereof.

Familial status means one or more individuals (who have not attained the age of 18 years)

being domiciled with:

A parent or another person having legal custody of such individual or individuals; or

The designee of such parent or other persons having such custody, with the written

permission of such parent or other persons.

Family includes a single individual.

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(1)

(2)

(a)

(1)

a.

1.

2.

b.

(2)

a.

Handicap means:

A person has a physical or mental impairment which substantially limits one or more

major life activities or that he has a record of having, or is regarded as having, such

physical or mental impairment.

A person has a developmental disability as defined in F.S. § 393.063.

Person means one or more individuals, corporations, partnerships, associations, labor

organizations, legal representatives, mutual companies, point-stock companies, trusts,

unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

To rent means to lease, to sublease, to let and otherwise to grant for a consideration the

right to occupy premises not owned by the occupant.

(Ord. No. 323, § II, 6-5-1990; Code 1958, § 5A-17)

Cross reference— Definitions generally, § 1-2.

State law reference— Similar provisions, F.S. § 760.22.

Sec. 26-33. - Exceptions.

Sale or transfer of dwellings generally.

Nothing in sections 26-34 and 26-36 applies to:

Any single-family house sold or rented by its owner, provided such private

individual owner does not own more than three single-family houses at any one

time. In the case of the sale of a single-family house by a private individual

owner who does not reside in such house at the time of the sale or who was

not the most recent resident of the house prior to the sale, the exemption

granted by this subsection applies only with respect to one sale within any 24-

month period. In addition, the bona fide private individual owner shall not own

any interest in, nor shall there be owned or reserved on his behalf, under any

express or voluntary agreement, title to, or any right to all or a portion of the

proceeds from the sale or rental of, more than three single-family houses at

any one time. The sale or rental of any single-family house shall be excepted

from the application of this article only if the house is sold or rented:

Without the use in any manner of the sales or rental facilities or the

sales or rental services of any real estate licensee or such facilities or

services of any person in the business of selling or renting dwellings, or

of any employee or agent of any such licensee or person; and

Without the publication, posting, or mailing, after notice, of any

advertisement or written notice in violation of section 26-34(c).

Nothing in this provision prohibits the use of attorneys, escrow agents,

abstractors, title companies, and other such professional assistance as is

necessary to perfect or transfer the title.

Rooms or units in dwellings containing living quarters occupied or intended to

be occupied by no more than four families living independently of each other, if

the owner actually maintains and occupies one of such living quarters as his

residence.

For the purposes of subsection (a)(1) of this section, a person is deemed to be in the

business of selling or renting dwellings if the person:

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b.

c.

(b)

(c)

(d)

(1)

(2)

a.

b.

c.

1.

2.

Has, within the preceding 12 months, participated as principal in three or more

transactions involving the sale or rental of any dwelling or interest therein;

Has, within the preceding 12 months, participated as agent, other than in the

sale of his own personal residence, in providing sales or rental facilities or

sales or rental services in two or more transactions involving the sale or rental

of any dwelling or interest therein; or

Is the owner of any dwelling designed or intended for occupancy by, or

occupied by, five or more families.

Religious, nonprofit organizations; private clubs. Nothing in this article prohibits a religious

organization, association, or society, or any nonprofit institution or organization operated,

supervised, or controlled by or in conjunction with a religious organization, association, or

society, from limiting the sale, rental, or occupancy of any dwelling which it owns or operates

for other than a commercial purpose to persons of the same religion or from giving

preference to such persons, unless membership in such religion is restricted on account of

race, color, or national origin. Nothing in this article prohibits a private club not in fact open to

the public, which as an incident to its primary purpose or purposes provides lodgings which it

owns or operates for other than a commercial purpose, from limiting the rental or occupancy

of such lodgings to its members or from giving preference to its members.

Dwellings for first occupancy. Nothing in this article requires any person renting or selling a

dwelling constructed for first occupancy before March 13, 1991, to modify, alter, or adjust the

dwelling in order to provide physical accessibility except as otherwise required by law.

Housing for older persons.

Any provision of this article regarding familial status does not apply with respect to

housing for older persons.

As used in this subsection, the term "housing for older persons" means housing:

Provided under any state or federal program that the commission determines is

specifically designed and operated to assist elderly persons, as defined in the

state or federal program;

Intended for, and solely occupied by, persons 62 years of age or older; or

Intended and operated for occupancy by persons 55 years of age or older that

meets the following requirements:

At least 80 percent of the occupied units are occupied by at least one

person 55 years of age or older.

The housing facility or community publishes and adheres to policies and

procedures that demonstrate the intent required under this subsection. If

the housing facility or community meets the requirements of subsections

(d)(2)c.1 and 3 of this section and the recorded governing documents

provide for an adult, senior, or retirement housing facility or community

and the governing documents lack an amendatory procedure, prohibit

amendments, or restrict amendments until a specified future date, then

that housing facility or community shall be deemed housing for older

persons intended and operated for occupancy by persons 55 years of

age or older. If those documents further provide a prohibition against

residents 16 years of age or younger, that provision shall be construed,

for purposes of the Fair Housing Act, F.S. § 760.20 et seq., to only apply

to residents 18 years of age or younger, in order to conform with federal

law requirements. Governing documents which can be amended at a

future date must be amended and properly recorded within one year

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3.

(3)

a.

b.

(4)

a.

b.

(e)

(1)

(2)

(3)

(4)

(a)

after that date to reflect the requirements for consideration as housing

for older persons, if that housing facility or community intends to

continue as housing for older persons.

The housing facility or community complies with rules made by the

Secretary of the United States Department of Housing and Urban

Development pursuant to 24 CFR 100 for verification of occupancy,

which rules provide for verification by reliable surveys and affidavits and

include examples of the types of policies and procedures relevant to a

determination of compliance with the requirements of subsection (d)(2)

c.2 of this section. Such surveys and affidavits are admissible in

administrative and judicial proceedings for the purposes of such

verification.

Housing shall not fail to be considered housing for older persons if:

A person who resides in such housing on or after October 1, 1989, does not

meet the age requirements of this subsection, provided that any new occupant

meets such age requirements; or

One or more units are unoccupied, provided that any unoccupied units are

reserved for occupancy by persons who meet the age requirements of this

subsection.

A person shall not be personally liable for monetary damages for a violation of this

subsection if such person reasonably relied in good faith on the application of the

exemption under this subsection relating to housing for older persons. For purposes of

this subsection, a person may show good faith reliance on the application of the

exemption only by showing that:

The person has no actual knowledge that the facility or the community is

ineligible, or will become ineligible, for such exemption; and

The facility or community has stated formally, in writing, that the facility or

community complies with the requirements for such exemption.

Factors, applicability and ethics regarding tenancy. Nothing in this article:

Prohibits a person engaged in the business of furnishing appraisals of real property

from taking into consideration factors other than race, color, national origin, sex,

handicap, familial status, or religion.

Limits the applicability of any reasonable local restriction regarding the maximum

number of occupants permitted to occupy a dwelling.

Requires that a dwelling be made available to an individual whose tenancy would

constitute a direct threat to the health or safety of other individuals or whose tenancy

would result in substantial physical damage to the property of others.

Prohibits conduct against a person because such person has been convicted by any

court of competent jurisdiction of the illegal manufacture or distribution of a controlled

substance as defined under F.S. ch. 893.

(Ord. No. 323, § III, 6-5-1990; Code 1958, § 5A-18)

State law reference— Similar provisions, F.S. § 760.29.

Sec. 26-34. - Discrimination in the sale or rental of housing and other prohibited

practices.

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(b)

(c)

(d)

(e)

(f)

(g)

(1)

(2)

(3)

(h)

(1)

(2)

(3)

(i)

(1)

(2)

(j)

It is unlawful to refuse to sell or rent after the making of a bona fide offer, to refuse to

negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any

person because of race, color, national origin, sex, handicap, familial status, or religion.

It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale

or rental of a dwelling, or in the provision of services or facilities in connection therewith,

because of race, color, national origin, sex, handicap, familial status, or religion.

It is unlawful to make, print, or publish, or cause to be made, printed, or published, any

notice, statement, or advertisement with respect to the sale or rental of a dwelling that

indicates any preference, limitation, or discrimination based on race, color, national origin,

sex, handicap, familial status, or religion or an intention to make any such preference,

limitation, or discrimination.

It is unlawful to represent to any person because of race, color, national origin, sex,

handicap, familial status, or religion that any dwelling is not available for inspection, sale, or

rental when such dwelling is in fact so available.

It is unlawful, for profit, to induce or attempt to induce any person to sell or rent any dwelling

by a representation regarding the entry or prospective entry into the neighborhood of a

person or persons of a particular race, color, national origin, sex, handicap, familial status, or

religion.

The protections afforded under this article against discrimination on the basis of familial

status apply to any person who is pregnant or is in the process of securing legal custody of

any individual who has not attained the age of 18 years.

It is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny

a dwelling to any buyer or renter because of a handicap of:

That buyer or renter;

A person residing in or intending to reside in that dwelling after it is sold, rented, or

made available; or

Any person associated with the buyer or renter.

It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale

or rental of a dwelling, or in the provision of services or facilities in connection with such

dwelling, because of a handicap of:

That buyer or renter;

A person residing in or intending to reside in that dwelling after it is sold, rented, or

made available; or

Any person associated with the buyer or renter.

For purposes of subsections (g) and (h) of this section, discrimination includes:

A refusal to permit, at the expense of the handicapped person, reasonable

modifications of existing premises occupied or to be occupied by such person if such

modifications may be necessary to afford such person full enjoyment of the premises;

or

A refusal to make reasonable accommodations in rules, policies, practices, or

services, when such accommodations may be necessary to afford such person equal

opportunity to use and enjoy a dwelling.

Covered multifamily dwellings, as defined herein which are intended for first occupancy after

March 13, 1991, shall be designed and constructed to have at least one building entrance on

an accessible route unless it is impractical to do so because of the terrain or unusual

characteristics of the site as determined by commission rule. Such buildings shall also be

designed and constructed in such a manner that:

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(1)

(2)

(3)

a.

b.

c.

d.

(4)

(a)

(b)

The public use and common use portions of such dwellings are readily accessible to

and usable by handicapped persons.

All doors designed to allow passage into and within all premises within such dwellings

are sufficiently wide to allow passage by a person in a wheelchair.

All premises within such dwellings contain the following features of adaptive design:

An accessible route into and through the dwelling.

Light switches, electrical outlets, thermostats, and other environmental controls

in accessible locations.

Reinforcements in bathroom walls to allow later installation of grab bars.

Usable kitchens and bathrooms such that a person in a wheelchair can

maneuver about the space.

Compliance with the appropriate requirements of the American National Standards

Institute for buildings and facilities providing accessibility and usability for physically

handicapped people, commonly cited as ANSI A117.1-1986, suffices to satisfy the

requirements of subsection (g)(3) of this section. State agencies with building

construction regulation responsibility or local governments, as appropriate, shall

review the plans and specifications for the construction of covered multifamily

dwellings to determine consistency with the requirements of this subsection.

(Ord. No. 323, § IV, 6-5-1990; Code 1958, § 5A-19)

State law reference— Similar provisions, F.S. § 760.23.

Sec. 26-35. - Discrimination in the provision of brokerage services.

It is unlawful to deny any person access to, or membership or participation in, any multiple-

listing service, real estate brokers' organization, or other service, organization, or facility relating to

the business of selling or renting dwellings, or to discriminate against him in the terms or conditions

of such access, membership, or participation, on account of race, color, national origin, sex,

handicap, familial status, or religion.

(Ord. No. 323, § VI, 6-5-1990; Code 1958, § 5A-21)

State law reference— Similar provisions, F.S. § 760.24.

Sec. 26-36. - Discrimination in the financing of housing or in residential real estate

transactions.

House financing and assistance. It is unlawful for any bank, building and loan association,

insurance company, or other corporation, association, firm, or enterprise the business of

which consists in whole or in part of the making of commercial real estate loans to deny a

loan or other financial assistance to a person applying for the loan for the purpose of

purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate

against him in the fixing of the amount, interest rate, duration, or other term or condition of

such loan or other financial assistance, because of the race, color, national origin, sex,

handicap, familial status, or religion of such person or of any person associated with him in

connection with such loan or other financial assistance or the purposes of such loan or other

financial assistance, or because of the race, color, national origin, sex, handicap, familial

status, or religion of the present or prospective owners, lessees, tenants, or occupants of the

dwellings or dwellings in relation to which such loan or other financial assistance is to be

made or given.

Residential real estate transactions.

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(1)

(2)

a.

1.

2.

b.

(a)

(b)

(c)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

It is unlawful for any person or entity whose business includes engaging in residential

real estate transactions to discriminate against any person in making available such a

transaction, or in the terms or conditions of such a transaction, because of race, color,

national origin, sex, handicap, familial status, or religion.

As used in this subsection, the term "residential real estate transaction" means any of

the following:

The making or purchasing of loans or providing other financial assistance:

For purchasing, constructing, improving, repairing, or maintaining a

dwelling; or

Secured by residential real estate.

The selling, brokering, or appraising of residential real property.

(Ord. No. 323, § V, 6-5-1990; Code 1958, § 5A-20)

State law reference— Similar provisions, F.S. § 760.25.

Sec. 26-37. - Prohibited discrimination in land use decisions and in permitting of

development.

It is unlawful to discriminate in land use decisions or in the permitting of development based

on race, color, national origin, sex, disability, familial status, religion, or, except as otherwise

provided by law, the source of financing of a development or proposed development.

State law reference— Similar provisions, F.S. § 760.26.

Sec. 26-38. - Administration.

The authority and responsibility for administering this article shall be with the council.

The council may delegate its functions, duties, and powers to an appointed board, including

functions, duties, and powers with respect to investigating, conciliating, hearing, determining,

ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under

this article.

The council or its appointed board shall:

Implement the provisions of this article and rules and regulations promulgated

hereunder and all ordinances, codes, rules, and regulations pertaining to housing

discrimination.

Receive, initiate, and investigate any and all complaints alleging violations of this

article, and take appropriate action to eliminate, conciliate, prevent, and/or initiate

prosecution of any such violations.

Provide assistance in all matters relating to equal housing opportunity.

Publish and disseminate public information and educational materials relating to

housing discrimination.

Enter into written working agreements, as may be necessary to effectuate the

purposes of this article, with federal, state and county agencies involved in reducing

housing discrimination.

Administer oaths and compel the attendance of witnesses and the production of

evidence before it by subpoenas issued by the council or its appointed board.

Take other informational, educational, or persuasive actions to implement the

purposes of this article.

(Ord. No. 323, § VII, 6-5-1990; Code 1958, § 5A-22)

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(a)

(b)

(c)

(d)

(e)

(f)

(g)

(1)

(2)

(3)

(h)

(i)

(j)

(a)

Sec. 26-39. - Procedure.

Any person aggrieved by an unlawful practice prohibited by this article must file a written

complaint with the council or its appointed board within 45 days after the alleged unlawful

practice occurs.

Upon receipt of a complaint, the council or its appointed board shall serve upon the

individual charged with a violation (hereinafter referred to as the respondent) the complaint

and a written resume setting forth the rights of the parties including, but not limited to, the

right of the respondent to a hearing on the matter before adjudication by the council or its

appointed board.

The council or its appointed board shall immediately investigate the complaint. Within 60

days from the date of the receipt of the complaint, the council or its appointed board shall

establish written report with findings of fact.

Copies of the council or its appointed board's report shall be sent to the complainant and the

respondent. Either may within ten days after such services, request a hearing before the

council.

When the complainant or the respondent requests a hearing by the council or its appointed

board, or when the council or its appointed board itself determines that a hearing is

desirable, the council or its appointed board shall call and conduct such hearing in

accordance with section 26-40

The council or its appointed board shall carry into execution the actions specified in its

report, or, if a hearing is held, shall carry into execution the actions determined upon by the

council or its appointed board in the hearing.

The council or its appointed board in its review or its hearing may determine:

That the complaint lacks ground upon which to base action for violation of this article;

That the complaint has been adequately dealt with by conciliation of the parties; or

That the case warrants filing charges against the offending party in the appropriate

court. In some cases, both conciliation and adjudicative orders, or both adjudicative

orders and initiation of court action may be indicated.

If the council or its appointed board issues an adjudicative order to correct, adjust, conciliate,

prevent, or prohibit any unlawful act prohibited by this article, and the respondent refuses or

fails to comply with or obey such adjudication, the council or its appointed board shall

forthwith request that the state attorney file a complaint in the appropriate court. The council

or its appointed board shall, at all times, provide the complainant with full and timely

information as to all the alternatives available to him under local, state and federal law,

including assistance to initiate judicial action if desired, under the circumstances.

The provisions of Rule 1.090, Florida Rules of Civil Procedure, shall govern the computation

of any period of time prescribed by this article.

All papers or pleadings required by this article to be served may be served by certified mail

or in accordance with the provisions of Rule 1.080(b), Florida Rules of Civil Procedure.

(Ord. No. 323, § VIII, 6-5-1990; Code 1958, § 5A-23)

Sec. 26-40. - Hearings before the council.

When a hearing is required before the council or its appointed board, as specified in section

26-39(e), the council or its appointed board shall schedule the hearing and serve upon all

interested parties a notice of time and place of the hearing. The hearing shall be held

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(b)

(c)

(d)

(e)

(f)

(g)

(h)

promptly, but not less than 15 days after service of such notice and of the council or its

appointed board's written report pursuant to section 26-39(d).

The parties, or their authorized counsel, may file such statements with the council or its

appointed board, prior to the hearing date, as they deem necessary in support of their

positions. The parties may appear before the council or its appointed board in person or by

duly constituted representative and may have the assistance of attorneys. The parties may

present testimony and evidence, and the right to cross examine witnesses shall be

preserved. All testimony shall be given under oath or by affirmation. The council or its

appointed board shall not be bound by strict rules of evidence prevailing in courts of law or

equity but due process shall be observed. The council or its appointed board shall keep a full

record of the hearing, which records shall be public and open to inspection by any person,

and upon request by any principal party to the proceedings the council or its appointed board

shall furnish such party a copy of the hearing record at cost. The constitutional rights of the

respondent not to incriminate himself shall be scrupulously observed.

The council or its appointed board shall make a finding of fact, and determination of action to

be taken (section 26-39(g)).

The council or its appointed board may issue subpoenas to compel access to or the

production or appearance of premises, records, documents, individuals, and other evidence

or possible sources of evidence relative to the complaint at issue.

Upon written application to the council or its appointed board, a respondent shall be entitled

to the issuance of a reasonable number of subpoenas by and in the name of the council or,

to the same extent and subject to the same limitations as subpoenas issued by the council or

its appointed board itself. Subpoenas issued at the request of a respondent shall show on

their face the name and address of such respondent and shall state that they were issued at

his request.

Witnesses summoned by subpoena of the council or its appointed board shall be entitled to

the same witness and mileage fees as are witnesses in proceedings in the state courts of

Florida. Fees payable to a witness summoned by a subpoena issued at the request of a

respondent shall be paid by him, unless he is indigent in which case the council shall bear

the cost of said fees.

Within ten days after service of a subpoena upon any person, such person may petition the

council or its appointed board to revoke or modify the subpoena. The council or its appointed

board shall grant the petition if it finds that the subpoena requires appearance or attendance,

at an unreasonable time or place, that it requires production of evidence which does not

relate to any matter under investigation, that it does not describe with sufficient particularity

the evidence to be produced, that compliance would be unduly onerous, or for other good

reason.

In case of refusal to obey a subpoena, the council or its appointed board or the person at

whose request it was issued may petition for its enforcement in the appropriate court.

(Ord. No. 323, § IX, 6-5-1990; Code 1958, § 5A-24)

Sec. 26-41. - Other remedies.

Nothing herein shall prevent any person from exercising any right or seeking any remedy to

which he might otherwise be entitled, or from filing of any complaint with any other agency or any

court having proper jurisdiction.

(Ord. No. 323, § X, 6-5-1990; Code 1958, § 5A-25)

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Sec. 26-42. - Report to real estate commission.

If a real estate broker, a real estate salesperson, or an employee thereof has been found to

have committed an unlawful practice in violation of this article, or has failed to comply with an order

issued by the council or its appointed board, the council or its appointed board shall, in addition to

the other procedures set forth herein, report the facts to the state real estate commission.

(Ord. No. 323, § XI, 6-5-1990; Code 1958, § 5A-26)

FOOTNOTE(S):

(31) State Law reference— Fair housing act, F.S. § 760.20 et seq. (Back)

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Date: November 19, 2013

COUNCIL AGENDA ITEM

TOPIC: A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, AUTHORIZING CITY COUNCIL PRESIDENT TO EXECUTE AN AGREEMENT WITH FRED FOX ENTERPRISES FOR ADMINISTRATION OF FLORIDA RECREATION DEVELOPMENT ASSITANCE PROGRAM REQUESTED BY: Staff PREPARED BY: Adam Hall BACKGROUND / DESCRIPTION: History of Council Action: FRDAP applications approved for submittal on September 24, 2013. The City has submitted two applications to the Florida Recreation Development Assistance Program (FRDAP) for park improvement projects at Cornelius Williams Park. Fred Fox Enterprises, who has managed our FRDAP awarded projects in the past has submitted an agreement to continue with the most recent applications made. If the City does not receive the grant awards from the Florida Department of Environmental Protection then nothing will be due to Fred Fox Enterprises. LEGAL REVIEW: Pending FISCAL IMPACTS: No net impact. Grant management fee is 3% of all

grant awards made. If 100% funded for both applications, the total fee would be $12,000.00. These funds would come from the grant award of $400,000.00.

RECOMMENDED ACTION: ADOPT A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, AUTHORIZING CITY COUNCIL PRESIDENT TO EXECUTE AN AGREEMENT WITH FRED FOX ENTERPRISES FOR ADMINISTRATION OF FLORIDA RECREATION DEVELOPMENT ASSITANCE PROGRAM ATTACHMENTS:

1. Proposed Agreement with Fred Fox Enterprises for management of FRDAP Grant – Cornelius Williams Phase II and III

COMMISSION ACTION: _______ APPROVED _______ DISAPPROVED

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RESOLUTION NUMBER 2013-66

A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, AUTHORIZING CITY COUNCIL PRESIDENT TO EXECUTE AN AGREEMENT WITH FRED FOX ENTERPRISES FOR ADMINISTRATION OF FLORIDA RECREATION DEVELOPMENT ASSITANCE PROGRAM WHEREAS, the Williston City Council desires to proceed with the planned Improvements to Cornelius Williams Park, and; WHEREAS, the City desires to utilize the grant administration services of Fred Fox Enterprises for the management of grants to be potentially received by the City, and; WHEREAS, the City has made application to the Florida Recreation Development Assistance Program (FRDAP), and;

WHEREAS, Fred Fox Enterprises has written these grant applications and has managed the City’s FRDAP funded projects in the past, and;

NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that:

SECTION 1. COUNCIL PRESIDENT AUTHORIZED TO EXECUTE AGREEMENT

WITH FRED FOX ENTERPRISES. The City Council President is hereby authorized to execute the proposed agreement with Fred Fox Enterprises for the grant management services of the above referenced FRDAP grants, if said grants are awarded to the City by the State.

SECTION 2. EFFECTIVE DATE. This Resolution shall take effect immediately

upon adoption by the City Council.

PASSED AND ADOPTED this 19th day of November, 2013.

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CITY COUNCIL

CITY OF WILLISTON, FLORIDA

___________________________________ Jason S. Cason, President

City Council ATTEST: _____________________________ Frances V. Taylor, City Clerk

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COUNCIL AGENDA ITEM

TOPIC: A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, APPROVING BIDS SUBMITTED FOR THE WILLISTON MUNICIPAL AIRPORT’S SECURITY FENCING PROJECT; REJECTING BID FROM SVIII GENERAL CONTRACTOR FOR INCOMPLETE BID REQUESTED BY: Staff PREPARED BY: Adam Hall BACKGROUND / DESCRIPTION: History of Council Action: JPA AR108 was approved On October 3d, 2013, the City issued an invitation to bid for perimeter security fencing at the Municipal Airport. On October 15th, 2013, a mandatory prebid walkthrough was completed. On November 5, 2013 sealed bids received before the deadline of 2PM were opened. The City received five bids, although only four were complete. The apparent low bidder was Commercial Fence Contractors, based out of Orlando, FL. While the lowest complete bid came in at $258,075.00, the contract that will be coming before the Council will not exceed the grant award amount of $150,000 unless other funding can be identified and secured. LEGAL REVIEW: Review of Bid Bond Documents under review FISCAL IMPACTS: $150,000 from G/L: 402-542-060-062 100% Reimbursed by JPA AR108 with FDOT RECOMMENDED ACTION: ADOPT RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, APPROVING BIDS SUBMITTED FOR THE WILLISTON MUNICIPAL AIRPORT’S SECURITY FENCING PROJECT; REJECTING BID FROM SVIII GENERAL CONTRACTOR FOR INCOMPLETE BID ATTACHMENTS:

2. Bid tabulation recommendations from Passero Associates COMMISSION ACTION: _______ APPROVED _______ DISAPPROVED

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RESOLUTION NUMBER 2013-67

A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, APPROVING BIDS SUBMITTED FOR THE WILLISTON MUNICIPAL AIRPORT’S SECURITY FENCING PROJECT; REJECTING BID FROM SVIII GENERAL CONTRACTOR FOR INCOMPLETE BID

WHEREAS, the Williston City Council desires to proceed with the planned Improvements to the Williston Municipal Airport, and; WHEREAS, the City did adequately publicize and receive sealed bids, complying with the City of Williston Purchasing Policy, and; WHEREAS, the bid received from SVIII General Contractor was incomplete, and;

WHEREAS, the Airport security fencing project is being funded through a Joint Participation Agreement with the Florida Department of Transportation, and;

NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that:

SECTION 1. APPROVAL OF BIDS RELATING TO AIRPORT SECURITY FENCING .

The City Council approves and accepts the current submitted bids as the final offers of each respondent.

SECTION 2. REJECTION OF BID FROM SVIII GENERAL CONTRACTOR, INC.

Because their bid was not complete and did not contain all of the required information as stipulated in the bid documents, the Council hereby rejects the bid received from SVIII.

SECTION 3. AUTHORIZING CITY MANAGER TO DRAFT AN AGREEMENT WITH

COMMERCIAL FENCE CONTRACTORS, INC. The City Manager is hereby authorized to draft an agreement with the apparent low bidder, Commercial Fence Contractors, which shall be subject to final approval by the City Council.

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SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by the City Council.

PASSED AND ADOPTED this 19th day of November, 2013.

CITY COUNCIL CITY OF WILLISTON, FLORIDA

___________________________________ Jason S. Cason, President

City Council ATTEST: _____________________________ Frances V. Taylor, City Clerk

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Date: November 19, 2013

COUNCIL AGENDA ITEM DISCUSSION: Disposition of City Right of Way located at 143 West Noble Avenue

(parcel no. 0553400000) REQUESTED BY: Steve Moxley PREPARED BY: Adam Hall BACKGROUND / DESCRIPTION: Property owner, Steve Moxley, approached the City regarding a potential new commercial development in the location of an existing structure (the old video rental store located at 143 West Noble Avenue). While preparing a site plan, a survey uncovered that a small portion of the structure is actually located on City right of way (SW 2nd St). A survey is attached to this item. On the western edge of the property a small irregularly shaped portion of the building (77.3 square feet approximately) is located on City property. Before proceeding with the demolition and new construction, the developer must rectify this encroachment through either coming to an agreement with the City concerning the disposition of this property or only redeveloping within the current property boundaries. The owner has expressed a reluctance to do the former since current plans call for keeping the foundation in place. If any of the foundation needed to be removed then substantial and extensive work would be need to be done to the foundation. While we have no definitive ordinances that address such issues, in the past the Planning and Zoning Commission has considered such matters and made recommendations to the Council for their final approval. This appears to be good and accepted practice and continues with this issue. Several options were presented to the Planning and Zoning Commission for their consideration. These options were:

1. Appraise the small portion (77.3 square feet) and sell to property owner for fair market value 2. Appraise a larger, more regularly shaped portion that runs the entire length of the parcel in

question (2’ x 264= 528 square feet) and sell to property owner for fair market value 3. Use current square footage value ($5.40) of parcel 0553400000 and sell small portion (77.3

square feet) to property owner . The City would receive $417.43 for this property. 4. Use current square footage value ($5.40) of parcel 0553400000 and sell a larger, more

regularly shaped portion that runs the entire length of the parcel in question (528 square feet) to property owner. The City would receive $2,851.20 for this property.

5. Deed small portion (77.3 square feet) to the Property owner 6. Deed larger , more regularly shaped parcel (528 square feet) to the Property owner 7. Lease a small portion (77.3 square feet) to the Property owner through a long term lease that

spreads out property cost ($417.43) over thirty years. Initial annual lease rate would be $13.91,

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but would increase annually at a rate linked to the Consumer Price Index. The lease would need to be reconsidered at the end of the term.

8. Lease a larger, more regularly shaped portion (528 square feet) to the Property Owner through a long term lease that spreads out property cost ($2,851.20) over thirty years. Initial annual lease rate would be $95.04, but would increase annually at a rate linked to the Consumer Price Index. The lease would need to be reconsidered at the end of the term. (Staff Recommended option).

The square footage value is based on the tax appraised value of the property as given by the Property Appraiser. The cost of a commercial property appraisal would run between $1500 and $3500. LEGAL REVIEW: Pending FISCAL IMPACTS: RECOMMENDED ACTION: Option 4. Use current square footage value ($5.40) of parcel 0553400000 and sell a larger, more regularly shaped portion that runs the entire length of the parcel in question (528 square feet) to property owner. The City would receive $2,851.20 for this property. ATTACHMENTS: _____ CONTRACT _____ RESOLUTION _____ MAP _____ LEASE _____ OTHER DOCUMENTS _X__ CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COUNCIL ACTION: _______ APPROVED _______ DISAPPROVED

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ORDINANCE NO. 634

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA DISPOSING OF REAL PROPERTY OWNED BY THE CITY OF WILLISTON

WHEREAS, Stephen Moxley, owner of property within the City has

requested a portion of City owned right of way located in the 100 Block of SW

2nd Street; and,

WHEREAS, a structure owned by Mr Stephen Moxley encroaches onto

the City right of way in the 100 Block of SW 2nd Street ; and,

WHEREAS, Mr Stephen Moxley now desires to redevelop the above

mentioned structure ; and,

WHEREAS, the Planning and Zoning Commission did hold a public

hearing on October 29, 2013 and considered all public input received on this

matter before making a recommendation to approve this sale of real property to

Mr Stephen Moxley; and,

NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA, as follows: SECTION 1. Real Property to be exchanged.

The following described property is hereby authorized to be deeded to Mr

Stephen Moxley and is further referenced in the Deeds to be sold to Mr Stephen

Moxley:

Final Legal Description Pending SECTION 2. Fees to be Paid by Applicant. All fees related to the

conveyance of this real property from the City of Williston to the applicant, Mr

Stephen Moxley, including, but not limited to: title searches and deed recording

fees shall be paid by the applicant, Mr Stephen Moxley.

SECTION 3. Severability. Should any section, provision,

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held or declared by any court of competent jurisdiction to be unconstitutional

or invalid, in part or application, it shall be considered as eliminated and shall

not affect the validity of the remaining portions or applications of this

Ordinance.

SECTION 4. Codification. It is the intention of the City Council of

the City, that the provisions of this Ordinance shall become and made a part

of the Code of Ordinances of the City, as applicable, and that the Sections of

this Ordinance may be renumbered, re-lettered and the word "Ordinance" may

be changed to "Section," "Article" or other word or phrase in order to

accomplish such intention.

SECTION 4. Effective Date. This ordinance shall take effect

immediately.

PASSED on first reading, this 19th day of November, 2013. PASSED AND DULY ADOPTED, with a quorum present and voting by the City Council of the City of Williston, Florida, after properly dispensing with the second and final reading, this ____ Day of __________ , 2013. ATTEST: CITY OF WILLISTON _____________________________ _____________________________ Frances Taylor Jason Cason CITY CLERK PRESIDENT, CITY COUNCIL APPROVED AS TO FORM AND CONTENT: _____________________________ FRED L. KOBERLEIN, JR. CITY ATTORNEY

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COUNCIL AGENDA ITEM TOPIC: ORDINANCE NUMBER 635: COMMERCIAL DEVELOPMENT DESIGN STANDARDS REQUESTED BY: STAFF PREPARED BY: Adam Hall BACKGROUND / DESCRIPTION: History of Council Action: None The proposed ordinance under consideration would require that commercial development meet certain design guidelines as outlined in the ordinance. With increased commercial activity potentially occurring within the City, it is important that this new development meet the City’s standards. At their September 24, 2013 meeting that included a publicized public hearing on the topic , the Planning and Zoning Commission recommended forwarding the Ordinance to the City Council for their consideration. Most of these structures will be in place for several generations, and it would behoove the City from both a design and fiscal standpoint to require buildings that will contribute lasting value to the community. Low quality development might increase the tax base in the short term, but would eventually result in a net loss by decreasing property values and after factoring in the cost of code enforcement efforts. The ordinance, as written, would give developers two options when their project triggered the requirements. The first option would be to meet all the standards as written in Section 60-64 (5), which are summarized in the table below: Building Materials Stone, masonry, wood, and other natural

materials are preferred, but in all cases at least 50% of the non-glass façade of commercial structures shall be wood, stone, or masonry. Metal, vinyl siding, and synthetic materials are prohibited on all publicly visible sides of structure.

Lot placement First level of structure should be built to front property line or match current street level setback of adjacent buildings. Service areas must be placed out of view or mitigated with screening (structural or landscaping).

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Structure and Massing Rhythm of building surfaces will be made compatible to a structure’s immediate environment. This includes no uninterrupted horizontal lengths exceeding 20 or 30 linear feet.

Building Exteriors and Storefront Composition of features shall be used to help create the impression of a pedestrian friendly streetscape by creating human scale visual frame.

Entryways Should be identifiable focal points of structure. Roofs and Building Top Must be in a style and shape and slope that is

similar to other structures, but flat roofs are not prohibited. Protrusions must be at least 12 inches from wall. Mechanical equipment must be screened.

Lighting While pedestrian walkways, parking lots, and exterior spaces should be illuminated, the use of neon is not acceptable.

Landscape Requirements Native and Florida friendly materials are encouraged, invasive species, non-coordinating landscaping materials and styles, and St Augustine grass is prohibited.

Access to Entryways All commercial property must construct sidewalks along all property frontages abutting the public right of way.

Fenestration No false fenestration at ground level. Bicycle Racks At least one bicycle rack per development. Trash Receptacles At least one trash receptacle to be placed at or

near entrance to all primary structures or primary public entrances.

The second option would be for the developer to show that the proposed structure would fall into one of the following architectural styles, as defined in Section 60-64 (6):

1. Florida/ Southern Vernacular (Florida Cracker) 2. Craftsman or Bungalow 3. Spanish Mission or Spanish Revival 4. Victorian

These requirements would apply to all new commercial development in the City’s commercial zoning districts (Residential Business, Commercial General, and Commercial Intensive). It would also apply to commercial development where the proposed improvement costs would exceed 50% of the property’s tax appraised value. The Ordinance can found following the attached Staff Report.

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LEGAL REVIEW: Comments submitted October 22, 2013 and incorporated into current draft FISCAL IMPACTS: Unknown at this time; likely to increase

commercial development costs, but expected to have a long term net benefit to City’s tax base

RECOMMENDED ACTION: Adopt Ordinance No 635 at first reading ATTACHMENTS: _____ CONTRACT __ __ RESOLUTION _____ MAP _____ LEASE _X_ OTHER DOCUMENTS _ __ CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COUNCIL ACTION: _______ APPROVED _______ DISAPPROVED

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City of Williston

Planning and Zoning Department Staff Report

Application: LDR 13-1 – Commercial Development Design Standards Date: August 22, 2013

Introduction The Office of the City Manager has requested that the Planning and Zoning Commission consider the attached land development regulation amendment that would require that certain new development meet a minimum design standard in order to be approved during the site plan approval process. At the July 30, Planning and Zoning Commission meeting, an early draft was presented to the Commission in order to gather any feedback and to request advisement on proceeding with the amendment. Unanimously, the Commission voted to move forward with this ordinance and begin the formal land development regulation amendment process. The Land Development Regulation amendment process is governed by Sections 46-221 through 46-226 of the City of Williston Code of Ordinances. Since this is not a zoning map amendment then the Commission must only consider the following during evaluation of the Amendment:

46-223. (c)

Factors of consideration. When pertaining to other proposed amendments of these land

development regulations, the planning and zoning commission shall consider:

(1) The need and justification for the change.

(2) The relationship of the proposed amendment to the purposes and objectives of the

comprehensive planning program and to the comprehensive plan, with appropriate

consideration as to whether the proposed change will further the purposes of these

land development regulations and other ordinances, regulations, and actions

designed to implement the comprehensive plan. The goal of such a proposed amendment would be to encourage commercial development of a quality and type that befits Williston. The goal would also be to prevent any sort of plain “box store” that is essentially a clone of other “boxes” located throughout the region or country.

Proposed Changes Generally, the proposed amendment would mandate minimum design standards for all new commercial development or any rehabilitation of an existing building where the total

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improvement cost exceeds 50% of the tax appraised value. Churches and residential uses in commercial districts are exempt from the requirements. The minimum design requirements are categorized by: Building Materials Stone, masonry, wood, and other natural

materials are preferred, but in all cases at least 50% of the non-glass façade of commercial structures shall be wood, stone, or masonry. Metal, vinyl siding, and synthetic materials are prohibited on all publicly visible sides of structure.

Lot placement First level of structure should be built to front property line or match current street level setback of adjacent buildings. Service areas must be placed out of view or mitigated with screening (structural or landscaping).

Structure and Massing Rhythm of building surfaces will be made compatible to a structure’s immediate environment. This includes no uninterrupted horizontal lengths exceeding 20 or 30 linear feet.

Building Exteriors and Storefront Composition of features shall be used to help create the impression of a pedestrian friendly streetscape by creating human scale visual frame.

Entryways Should be identifiable focal points of structure. Roofs and Building Top Must be in a style and shape and slope that is

similar to other structures, but flat roofs are not prohibited. Protrusions must be at least 12 inches from wall. Mechanical equipment must be screened.

Lighting While pedestrian walkways, parking lots, and exterior spaces should be illuminated, the use of neon is not acceptable.

Landscape Requirements Native and Florida friendly materials are encouraged, invasive species, non-coordinating landscaping materials and styles, and St Augustine grass is prohibited.

Access to Entryways All commercial property must construct sidewalks along all property frontages abutting the public right of way.

Fenestration No false fenestration at ground level. Bicycle Racks At least one bicycle rack per development. Trash Receptacles At least one trash receptacle to be placed at or

near entrance to all primary structures or

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primary public entrances. Accepted architectural styles Alternatively to meeting all of the above

requirements specifically, the development can also show that their structure can be categorized as one of the following styles:

1. Florida/ Southern Vernacular (Florida Cracker)

2. Craftsman or Bungalow 3. Spanish Mission or Spanish Revival 4. Victorian

Prohibited architectural styles 1. Usonian 2. Art Deco 3. Art Nouveau 4. International 5. Art Moderne 6. Tudor 7. French Revival 8. Bauhaus 9. Beaux- Arts 10. Egyptian Revival 11. Moorish Revival

During the land development application process, City staff would request documentation that would show compliance with these standards. The Certificate of Design Approval (CODA) would be issued at the same time as the Site Plan Approval. Staff does not anticipate any further fees that would need to be charged at this time for this review.

Analysis The Planning and Zoning Commission is required to consider this amendment proposal by the following criteria:

(1) The need and justification for the change.

(2) The relationship of the proposed amendment to the purposes and objectives of the

comprehensive planning program and to the comprehensive plan, with appropriate

consideration as to whether the proposed change will further the purposes of these

land development regulations and other ordinances, regulations, and actions

designed to implement the comprehensive plan.

Criterion 1. Need and justification for change.

While the City has seen little commercial development within the last three years, it is important to note that

the economic recovery and demographic growth will create more demand for higher quality commercial

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space. The City’s lack of affordable and habitable commercial space prevents the opening or relocating of

retailers, restaurants, and other businesses.

Currently, the City does not have any type of minimum design standards other than in the primary district of

the Community Redevelopment Agency. It would be possible for a developer to propose a simple metal

structure with little or no architectural improvement. And as long as all other requirements of the City Land

Development Code were met then a permit would be issued. This ordinance would prevent that from taking

place.

Criterion 2. Relationship of Proposed Amendment to the Comprehensive Plan

Two policies pertain to the adoption of this ordinance. They are:

Chapter 2, Policy 6.3: Reinforce and enhance architectural design standards for new commercial development during Development Review process. Chapter 2, Policy 6.4: Reinforce and enhance the community’s appearance through the adoption of landscape design standards.

This ordinance would work towards the fulfillment of these policies and would comply with comprehensive plan. According to GIS analysis, this amendment would impact approximately acres of the 312.12 of acres located in City, or 7.7% of all land. Attachment 3 displays images of the parcels that would be impacted within the City.

Conclusion and Recommendation Based on the need and justification, and the requirements of the Comprehensive Plan (specifically Chapter 2, Policy 6.3), staff has no objections to a recommendation to the City Council for approval.

Appendices 1. Proposed Commercial Development Design Requirements Ordinance

2. Public Notice Advertisement

3. Maps showing Commercial Zoning districts within City

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ORDINANCE NO. 635

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS PERTAINING TO MINIMUM COMMERCIAL DEVELOPMENT STANDARDS WITHIN THE CITY; PROVIDING SEVERABILITY; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE

WHEREAS, the City Council of the City of Williston, Florida, did on May 7, 2002 approve City of Williston Land Development Regulations; and WHEREAS, the Planning and Zoning Commission of the City of Williston has recommended that the amendment to the City of Williston Land Development Regulations, as described below, be approved by the City Council; and WHEREAS, the Planning and Zoning Commission of the City of Williston has determined that all provisions in this proposed ordinance implementing the changes are consistent with the City of Williston Comprehensive Plan; NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA, as follows: SECTION 1. Pursuant to application LDR 13- by the City Manager of the City of Williston, the City of Williston Land Development Regulations are hereby amended as described below. Any section, or portion of section not found explicitly in this ordinance should be assumed to have not been amended. The following text shall be added to or deleted from the City of Williston’s Code of Ordinances (additions: additions underlined, deletions: deletions struck): Section 60-331. Commercial Development Design Requirements.

Commercial development shall adhere to the commercial development design requirements as stipulated in Article II, Section 60-64 of this Chapter.

Section 60-371. Commercial Development Design Requirements.

Commercial development shall adhere to the commercial development design requirements as stipulated in Article II, Section 60-64 of this Chapter.

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Section 60-411. Commercial Development Design Requirements.

Commercial development shall adhere to the commercial development design requirements as stipulated in Article II, Section 60-64 of this Chapter.

Section 60-64. Commercial Development Design Requirements. (1) Purpose. To protect and enhance quality of life in Williston, Commercial Development Design Requirements are hereby established which shall control the appearance of commercial uses.

a. Use of design requirements is intended to promote economic revitalization while strengthening unique physical features, design characteristics, and recognized identity and character of the City.

b. The positive effect of design requirements will help support

property values, reduce conflicts and prevent blighting caused by incompatible and insensitive development, and promote new compatible development.

c. Design requirements for commercial development will help

facilitate infill development and physical redevelopment of Williston.

d. For any structure, it is the intent of these requirements not to

conflict with energy efficiency and energy conservation initiatives, green building practices, or Leadership in Energy and Environmental Design (LEED) Certification.

(2) Applicability.

a. The commercial development design requirements shall only apply to structures where the principal use is commercial and development is located on commercially zoned parcels in the C-1 Commercial District, C-2 Commercial District, and Central Business District (CBD) but also including Residential Business (RB) District within the City of Williston as shown on the City’s official zoning map. All public buildings within the City shall also be subject to these design requirements.

b. Design requirements shall apply to new construction of any

building or structure. Design requirements shall likewise apply to the relocation of any building or structure, and exterior rehabilitation of an existing building or structure where total cost exceeds 50% of the tax appraised value.

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c. All general, supplemental, commercial, or other district

requirements contained in the Williston Land Development Regulations shall be controlling in addition to the standards set forth in this section regarding commercial development design requirements.

d. If conflict arises between controlling standards, either within an

overlay district zoning or by means of another legally binding document, the following rules shall be used in the application land use controls:

i. Where an unexpired permit, development order or agreement, approved site plan, court order or other legally binding document exists authorizing development at a site in the DROD district prior to passage of City of Williston, Florida Ordinance ____ on [Date this ordinance is adopted] , then that legally binding document shall apply.

ii. In all other situations, the stricter standard shall apply.

(3) Exemptions. The following uses shall be exempt:

a. Design requirements shall not apply to those activities that constitute ordinary repair and maintenance when such changes are limited to the same or similar material and design.

b. Nor shall design requirements for development apply on any

commercially zoned lot or a lot in the Residential Business (RB) District where a conforming or non-conforming residential use is the principal use.

c. Churches shall be exempt from commercial development design

requirements, but are strongly encouraged to comply. (4) General district provisions. The following shall apply to new development or renovation of buildings where total cost exceeds 50% of the tax appraised value:

a. No commercial building or structure shall be constructed, installed, erected or altered except in compliance with design requirements and development standards set forth in the land development regulations.

b. External improvement to buildings or structures must achieve

compatibility with the size, scale, massing, height, rhythm,

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setback, color, material, building elements, site design including setbacks, and character of structures in surrounding block areas.

c. Only when a proposal for development within all commercial

districts has obtained a Certificate of Design Approval (CODA) will it have completed the review process thus achieving consistency with the design requirements.

d. The land development regulations administrator, working with the

building official, shall administer and enforce the requirements of this section pursuant to the requirements of Sections 46-91 to 46-100 and other impacted land development regulations.

(5) Design requirements. To advance the purpose of the design requirements, new construction, expansion and existing structures and redevelopment within all commercial districts should yield buildings that are high-quality, long-term assets to the City. The following design requirements shall apply:

a. Building materials. Generally, materials of building construction shall be durable and superior in quality. The use of traditional building materials and craftsmanship is encouraged, especially as a means to add architectural detail. Utilization of locally available, natural building materials is preferred. Special consideration should be given to building materials that will be resilient to the long-term effects of wear owing to both use and the natural environment.

i. The use of stone, masonry, wood and other natural building

materials is preferred. ii. In all cases, at least 50 percent of the non-glass face of all

new commercial buildings shall consist of wood, stone or masonry materials. This requirement applies to all sides of a building fronting a public roadway. Alternative materials other than the above-listed materials may be used to enhance the facade of commercial structures if the developer demonstrates that said alternative materials are consistent with the elements or standards of the district.

iii. Likewise, the use of metal, all forms of vinyl siding, and

synthetic building materials which do not imitate the appearance of natural materials is prohibited on all sides where a building is visible from public rights-of-way.

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iv. Arrangement of building elements, composition and texture in materials choice must be compatible with other positive architectural elements of structures within the City.

v. These requirements do not specify exact color choices for

building exteriors, but color choice shall be consistent with the established historical character of the City. Variation from established patterns is discouraged, and the use of corporate color schemes shall be limited to trademarked or logo features of approved signage.

b. Lot placement. All construction shall conform to existing street

patterns, block patterns and access management control. A building’s front facade will orient toward the site’s major street frontage. Buildings shall be constructed facing primary streets to aid pedestrian and vehicle access to a given site. Site development should consider vistas of historical structures and potential impacts to the city’s viewshed.

i. For development abutting arterial roadways, the first level of

any structure should be built to the front property line where permitted or else match the current street level setback of adjacent buildings.

ii. For infill development abutting local and collector streets,

building orientation and setback will match the predominating or average setback of the same-facing block.

iii. Where existing development has defined the use of space,

new development should repeat existing building-to-building and building-to-street relationships along a given block.

iv. Building orientation shall be such that service areas are

placed out of view or in positions of least visual impact as seen from public rights-of-way, parking areas and adjacent properties. Unavoidable visual impact shall be mitigated by structural screening and/or landscape screening to comply with these requirements.

c. Structure and massing. The rhythm of building surfaces, wall

articulation, cornices, and fenestration (doors and windows) will be made compatible to a structure’s immediate environment. When proposed architectural features are already found as positive architectural features resident on a block, then care shall be taken to match common proportion and physical characteristics. Storefront facade proportions will be compatible with other facades

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in the blockface. In total, building height and massing should function to create a small town atmosphere.

i. For structures less than 5,000 square feet in gross building

area on the ground floor, no uninterrupted horizontal length on street frontage shall exceed 20 linear feet.

ii. For structures greater than or equal to 5,000 square feet in

gross building area on the ground floor, no uninterrupted horizontal length on street frontage, shall exceed 30 linear feet.

iii. Blank wall areas for each floor-to-floor relationship (those

without relief or uninterrupted) shall incorporate the use of landscaping to break up monotonous appearance of such areas. Blank wall areas uninterrupted by landscaping shall not exceed ten feet in vertical direction or 20 feet in horizontal direction of any building facade.

iv. Elements acceptable for the interruption of blank wall

surfaces are: belt courses, trim bands, and related horizontal and vertical recessed and protruding elements.

v. Verandahs and roofed or open porches shall enhance

building massing and symmetry. vi. Massing shall not prohibit or complicate street level

pedestrian connections which are necessary around, through and between large buildings.

vii. Building height, proportion and massing shall be consistent

with the height of existing positive architectural examples on the same street or block.

d. Building exteriors and storefront. Building facades and storefronts

are among the most important and visible elements of a commercial structure. Buildings shall be designed to enhance the attractiveness of the city's streetscape. Buildings shall, through use of architectural details and scale, display elements and patterns that provide visual interest from the perspective of the pedestrian and the motorist. While storefronts may change over the lifecycle of a building, it is necessary to see adjacent structures present complementary design choices to promote a sense of place and identify within the district by promoting small town atmosphere.

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i. Use of colors complementary to building materials and color schemes that relate well to neighboring buildings is encouraged.

ii. The use of distracting color schemes, primary or corporate

color schemes on building facades is inappropriate and discouraged.

iii. Trim elements shall adhere to building material guidance

but also take appropriate form and profiles at entryways and account for fenestration. Trim emphasis should be kept simple.

iv. Utilization of darkened or shaded glass is discouraged at

street level. The use of reflective glass is prohibited in all cases. Glass is prohibited lower than 18 inches from ground level.

v. Composition and arrangement of exterior features shall be

used to help create the impression of a pedestrian-friendly streetscape, serving to keep the focus of the pedestrian more or less at eye level by creating a human-scale visual frame. This shall be accomplished by visually separating the ground floor/story from any upper portions of the building regardless of the actual number of floors/stories.

e. Entryways. Design of entryways shall create identifiable focal

points. Effective entryway design creates a transition between public and private space. Recessed entryways are desirable.

i. Entryways may be differentiated from the remainder of the

facade through, at minimum, the use of color, change in materials, application of architectural features (arches, columns, colonnades, etc.), setbacks, offsets, level changes and like forms.

ii. Entryway design may incorporate planter materials and

landscaping, and walls should be recessed to add definition. iii. Entryway areas should be provided with structural or vegetative shading features. iv. All public entryways shall have awnings, porches or arcades

to protect customers entering and exiting the building from inclement weather. Multi-tenant building or buildings with more than one entrance shall have a continuous arcade or

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colonnade connecting individual entryways. The arcade shall be functional without interruptions.

f. Roofs and building top. Being highly significant architectural

features, the following requirements shall apply to the design and composition of roofs and building tops:

i. Roofs will be of a style, shape and slope that is similar to

other structures in the vicinity. Hipped and gabled roofs are preferred, but flat roofs may be considered acceptable if that style matches similar structures on the same facing block. Out-of-character roof designs are prohibited and include A-frame, mansard, non-standard or modern geometric-solid, and curved or dome styles.

ii. Overhanging roofs can provide important pedestrian cover.

When measured from the eaves and gables, any protrusion must be at least 12 inches as measured along the underside of the slant of the roof.

iii. All mechanical and utility equipment located on a roof shall

be set back or screened so as to not be visible from adjacent public rights-of-way.

iv. Building composition should present a clearly defined base,

middle, and top. Color, building material, texture and surface articulation techniques should all be utilized to differentiate a structure’s proportions and define its volume.

g. Lighting. Treatment of lighting through fixture design and

placement has the capacity contribute many important aesthetic benefits. Adequate lighting elevates the appearance of development and contributes to public safety. By contrast, poorly designed lighting is a visual distraction.

i. Pedestrian walkways, onsite parking facilities, landscape

features and exterior spaces should be adequately illuminated.

ii. Location of light fixtures on buildings should be provided in

a way that lights neighboring pedestrian space while complementing structural elements.

iii. Accent lighting on buildings is recommended as a security

feature. The use of neon lighting on buildings is not permitted as accent lighting.

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iv. Placement of lighting will occur in a manner that creates positive visual effect, realizes uniform patterns, and minimizes unintended spillover/glare.

h. Landscape Requirements. The following landscaping features and elements are permissible and encouraged in the City’s commercial districts:

i. Native plants ii. Xeriscape plants and features iii. Water features iv. Natural materials indigenous to the Williston Area v. Florida fieldstone or other stone native to the region vi. Antique or simulated antique paver bricks and stones vii. Exterior lighting of a style consistent with architectural style

of primary structure of premises viii. Benches or chairs of a style consistent with architectural

style of primary structure of premises The following landscaping features and elements are prohibited in the City’s commercial districts:

i. Invasive species as designated by the Florida Exotic Pest Plant Council’s List of Invasive Species (most current edition).

ii. Landscaping materials and styles that do not coordinate with the surrounding area

iii. All cultivars of St Augustine Grass (Stenotaphrum secundatum)

i. Access to entrances. All commercial development shall be required

to construct sidewalks along all property frontages abutting a public right of way. All commercial development shall provide internal pedestrian access connecting the public right of way to the primary entrance or entrances of the primary structure. These sidewalks shall be built to Florida Department of Transportation standards for construction of sidewalks, and shall conform to the requirements as set forth in the Americans with Disabilities Act (ADA). If site constraints prevent such a connection, the developer or property owner may make a payment to the City at a per linear foot rate to be determined by the City Manager. The total distance shall be straight line distance from the primary entrance to the closest City Right of Way. In the event of more than one primary entrance, the entrance most distant from the City Right of Way shall be used for purposes of calculation.

j. Fenestration. No false fenestration shall be allowed at the ground floor.

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k. Bicycle Racks. At least one bicycle rack shall be provided per

development. Bicycle racks shall be painted or colored to match the predominant color of the building.

l. Trash receptacles. At least one trash receptacle shall be placed at

or near the entrance to all primary structures or primary public entrances to any storefronts. Trash receptacles shall be painted or colored to match the predominant color of the building or storefront.

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(6) Accepted architectural styles. Commercial design requirements may also

be satisfied through submittal of plans (including building elevations) that demonstrate a proposed development will substantively conform to architectural elements characteristic of any one of the accepted architectural styles presented below. Notwithstanding satisfaction of development design requirements through an accepted architectural style, all new commercial development shall conform with the requirements of Section 60-64 5.i through Section 60-64 5.l.

a. The following architectural styles have been identified as

characteristic of Williston:

i. Florida /Southern Vernacular (Cracker-style, or Folk Victorian)

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a. Massing: Building mass shall be balanced. b. Roof design and materials: Roof style shall be primarily hip or gable with

a minimum slope of 8:12 strongly preferred where feasible, although porch roofs may have a low slope of 4:12 or 6:12. All roofs are encouraged to display exposed functional or non-functional rafters with an overhang. To meet this design style roofing materials must be metal shingles, corrugated steel metal, V-crimp metal sheet or standing seam metal sheet. Metal roofs may be unpainted with steel, tin, or gray roofs preferred.

c. Exterior Siding Materials: Exterior building materials shall consist of or

accurately resemble horizontal or vertical wood siding. Alternative exterior building materials may include stucco or brick.

d. Doors/Entryways: Entryways shall feature ground floor covered

porches, supported by wooden posts. Doors shall be or appear to be wood framed.

e. Window design: Windows shall be of an appropriate size and shape that

matches the overall scale of a structure’s design as well as the adjacent development in the district. The use of shutters, three-sided fabric awnings, spandrel glass, or other vernacular architectural features is permitted. Windows may also have wooden vertical board or louvered shutters which are appropriately scaled to the window so as to appear operable. Windows shall be framed with wood or a reasonable facsimile.

f. Colors: It is recommended that building exteriors be painted in earth

tones but should contrast with the trim color. Doors, garage doors, windows and shutters should be painted a non-white color that is different from exterior building materials. Unpainted roofs are permitted.

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ii. Craftsman or Bungalow Style

a. Massing: Building mass shall be balanced. b. Roof design and materials: Front pitched, gabled roof, wide overhang of

eaves, exposed rafters. Pitched roof should extend forward to provide shelter. The gables can be front gabled or cross gabled. All roof material

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should be shingled, and metal roofs shall not be permitted. Roofs may incorporate appropriately styled architectural elements such as dormers, dormer windows and blind dormers.

c. Exterior siding materials: Building material should consist of or

accurately resemble stone, stucco, wood or brick. Wood siding should be placed in a horizontal or vertical fashion. All material may be mixed throughout the structure.

d. Doors/Entryways: Entryways shall feature tapered or square columns

supporting the roof and porch or covered area in front. e. Window design: Windows shall be of an appropriate size and shape that

matches the overall scale of a structure’s design as well as the adjacent development in the district. Windows can be double hung, arranged as 4 over 1 and 6 over 1 for smaller free-standing buildings. Plate glass shall suffice for large-scale buildings.

f. Colors: The selection of earth tones for use as building color is encouraged.

iii. Spanish Mission / Spanish Revival Styles

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a. Massing: Building mass shall be balanced. b. Roof design and materials: Roof style shall be primarily hip or gable with

a minimum slope of 8:12, although porch roofs may have a low slope of

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4:12 or 5:12. Roofs can display exposed functional or non-functional rafters with an overhang. Ceramic tile roofs are preferred. Other roof styles may only be approved when the developer demonstrates that an alternative fits an appropriate architectural context.

c. Exterior siding materials: Exterior building material shall consist

primarily of stucco but limited use of brick or adobe is also permitted. d. Doors/Entryways: Doors and entryways may be covered, and a

colonnade or arcades is desirable for large-scale development. Entryways shall demonstrate architecture detail characteristic of the style through fenestration, decorative arches, covered gables, and building elements characteristic of the district’s architectural inventory.

e. Window design: Windows shall be of an appropriate size and shape that

matches the overall scale of a structure’s design as well as the adjacent development in the district. Windows may incorporate arches or circular design.

f. Colors: Exterior building material should be painted a light color and

limited to earth tones. Doors, garage doors, windows and shutters should be painted a non-white color that is different from the exterior building materials. Roofs may remain unpainted.

iv. Victorian

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a. Massing: Building mass shall be balanced. Late-Victorian commercial

architecture shall have massing to the front property line that helps create an architecturally detailed storefront primarily defined by vertical surface area.

b. Roof design and materials: While there is variety among Victorian roof

types, gable and hip roofs are most common. Steep roofs with pitch between 9:12 and 12:12 (rise-to-run ratio) are appropriate. Highly visible secondary structure roofs should match the roof pitch of the main structure, and generally should have a rise-to-run ratio of at least 9:12. A roof pitch of at least 8:12 should be used if it is somewhat visible from the street, and a 6:12 pitch may be acceptable in some cases for structures which are not visible from the street.

Preferred roof materials are cedar shingles, slate and tile; asphalt shingles which match the approximate color and texture of the preferred materials are acceptable substitutes. Flat roofs are appropriate for Late-Victorian commercial architecture, and embellishment of rooflines with elements characteristic of comparable structures representative of the district’s existing architectural inventory is acceptable.

c. Exterior siding materials: Traditional, high-quality building materials like

wood, stone, brick, and masonry are preferred. The use of vinyl, metal or hardboard siding is not an acceptable building material choice. Imitative materials, such as artificial stone and artificial brick veneer, are discouraged, but will be evaluated on a case-by-case basis. Material choice and composition should draw upon the best elements representative of the district’s architectural inventory.

d. Doors/Entryways: The proportion, size, rhythm and detailing of doors in

new construction should be compatible with that of existing adjacent buildings. Doors should look like part of the building and not like raw metal appliances. Wooden doors or similar equivalents are encouraged, and metal doors are discouraged. However, metallic doors that do not

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display a reflective, metallic finish may be acceptable if they blend other elements of the structure.

e. Window design: Windows should have a vertical orientation, with a

proportion of between 2:1 and 3:1 (height to width) recommended, although large display windows with strong horizontal dimensions may also be appropriate for commercial storefronts. Individual windows can sometimes be square or horizontal if the rest of the building conveys the appropriate directional emphasis. Secondary windows on the sides or rear of the building, in a clerestory with lower windows, in the gables or in dormers may be square. As feasible, windows shall be divided into panes with fixed or false mullions on the exterior.

f. Colors: Color is often a significant design element in Victorian

architecture. Generally, paint and color choice should consider surrounding structures and the area as well as fitting the style of the new structure.

(7). Prohibited architectural styles. The following shall not be considered

recognized architectural styles and are therefore discouraged:

i. Corporate signature or commercial prototype architecture, characterized by the use of corporate colors, shapes and styling used to overtly identify the owner or tenant of the building.

ii. Automobile-oriented commercial strip architecture as commonly described by the urban design professions.

iii. Any architecture having an historical reference which is so unique and different from current design philosophy that such reference is inconsistent with surrounding structures. Examples of such include igloos, tepees, caves and the like.

iv. Any imitative architecture which does not resemble a typical structure, but resembles an exaggerated plant, animal, fish, edible food or other item such as oranges, ice cream cones, dinosaurs and like forms.

v. Ultra-modern architectural styles that feature curved walls, sharp angles or significantly asymmetrical building mass.

vi. Architectural styles that can be categorized as :

1. Usonian 2. Art Deco 3. Art Nouveau 4. International 5. Art Moderne 6. Tudor 7. French Revival 8. Bauhaus 9. Beaux- Arts

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10. Egyptian Revival 11. Moorish Revival

(8) Design requirement approval process summary. Design review shall be

incorporated into the City of Williston’s Concurrency Management System. As a consequence, procedures for the review of development plans submitted pursuant to the requirements of this section are fully detailed in Article IV, Permitting and Concurrency Management, Chapter 46, Sections 46-91 to 46-100 of the Williston Code of Ordinances. However, design review shall encompass the minimum process elements summarized below: a. Generally. As required herein and by Section 46-99, Site and

Development Plan Approval, it shall be the burden of the developer to provide all documents and information necessary to allow a determination of consistency with the design requirements, controls and individual standards broadly presented in this section. A determination of incompleteness may result from either too insufficient or inadequate information being provided or otherwise from a proposal that does not conform to the requirements of the commercial development design requirements section. This information shall include, in addition to the site plan requirements as set forth in Section 46-99 of the City of Williston Code of Ordinances, building elevations showing the following information:

i. Scale ii. Colors, materials, and textures to be used iii. Building dimensions (height and width) for each elevation iv. Architectural treatments (entrances, windows, eaves, etc) v. Proposed signs, including dimensions and copy vi. Architectural details of retaining walls, fences, planters

b. Sanction. No building permit may be issued pursuant to Sections 46-92 and 46-93 of this code unless and until a proposed development within the City has first obtained a Certificate of Design Approval (CODA). Moreover, it shall be equally maintained that no certificate of Land Development Regulation Compliance, as provided for in Section 46-94 of this code, shall be issued unless and until a proposed development has first obtained a CODA.

Section 60-65. Interconnections and Shared Access

(1) Interconnects. Adjacent commercial uses must provide interconnections for automobile, bicycle, and pedestrian traffic. All adjacent parking lots must connect. If adjacent property owner is unwilling to incorporate an

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interconnection at time of development, an access point shall be constructed to property line and marked with a permanent metal sign indicating a point of future interconnection.

(2) Shared accessways. The use of shared accessways is strongly encouraged.

(3) Parcels abutting more than one other adjacent commercial use. For developments that abut more than one other adjacent commercial use, the interconnection shall be made with the parcel furthest away from the arterial.

SECTION 2. Severability. Should any section, provision,

paragraph, sentence, clause or word of this Ordinance or portion hereof be

held or declared by any court of competent jurisdiction to be unconstitutional

or invalid, in part or application, it shall be considered as eliminated and shall

not affect the validity of the remaining portions or applications of this

Ordinance.

SECTION 3. Codification. It is the intention of the City Council of

the City, that the provisions of this Ordinance shall become and made a part

of the Code of Ordinances of the City, as applicable, and that the Sections of

this Ordinance may be renumbered, re-lettered and the word "Ordinance" may

be changed to "Section," "Article" or other word or phrase in order to

accomplish such intention.

SECTION 4. Effective Date. This ordinance shall take effect

immediately.

PASSED on first reading, this 19th day of November, 2013. PASSED AND DULY ADOPTED, with a quorum present and voting by the City Council of the City of Williston, Florida, after properly dispensing with the second and final reading, this _____ Day of ___________, 2013.

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ATTEST: CITY OF WILLISTON _____________________________ _____________________________ Frances Taylor Jason Cason CITY CLERK PRESIDENT, CITY COUNCIL APPROVED AS TO FORM AND CONTENT: _____________________________ FRED L. KOBERLEIN, JR. CITY ATTORNEY

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November 19, 2013

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November 19, 2013

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November 19, 2013

COUNCIL AGENDA ITEM

TOPIC: ORDINANCE NO 636 REQUESTED BY: STAFF PREPARED BY: Adam Hall BACKGROUND / DESCRIPTION: History of Council Action: None The City’s current Land Development Regulations require a seven member Planning and Zoning Commission that serves multiple purposes. The Planning and Zoning Commission is the official keeper of the City’s Comprehensive Plan and reviews and makes recommendations on any proposed changes to the Plan. The Commission also reviews and approves any application for Special Exceptions (Conditional Uses), and reviews and makes recommendations on any proposed changes to the City’s Land Development Regulations. Since 2012, the Commission has only had 4 members at any one time, and according to the Land Development Regulations of the City the minimum number needed to consider any business is the same amount: four. This creates difficult situations in which one member being absent for any reason would cause a lack of quorum and delay any decisions to be made. This ordinance would reduce the number of Commissioners from seven to five and reduce the quorum from four to three. The Board would still have one absence to fill. The Planning and Zoning Commission considered this amendment at their September 24, 2013 meeting and recommended forwarding it to the City Council for their consideration and approval. LEGAL: REVIEW: Approved October 22, 2013 FISCAL IMPACTS: None RECOMMENDED ACTION: Adopt Ordinance no 636 ATTACHMENTS: _____ CONTRACT ____ RESOLUTION _____ MAP _____ LEASE _____ OTHER DOCUMENTS

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___ CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COUNCIL ACTION: _______ APPROVED _______ DISAPPROVED

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November 19, 2013

City of Williston Planning and Zoning Commission

Name Term Start Term End

Avis Seabrook 10/1/2013 9/30/2016

Auguste Zettler 10/1/2013 9/30/2016

Cara Fortney 10/1/2011 9/30/2014

Debra Jones 10/1/2011 9/30/2014

VACANT 10/1/2012 9/30/2015

VACANT 10/1/2012 9/30/2015

VACANT 10/1/2012 9/30/2015

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ORDINANCE NO. 636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS PERTAINING TO THE NUMBER OF PLANNING AND ZONING COMMISSIONERS; PROVIDING SEVERABILITY; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE

WHEREAS, the City Council of the City of Williston, Florida, did on May 7, 2002 approve City of Williston Land Development Regulations; and WHEREAS, the Planning and Zoning Commission of the City of Williston has recommended that the amendment to the City of Williston Land Development Regulations, as described below, be approved by the City Council; and WHEREAS, the Planning and Zoning Commission of the City of Williston has determined that all provisions in this proposed ordinance implementing the changes are consistent with the City of Williston Comprehensive Plan; NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WILLISTON, FLORIDA, as follows: SECTION 1. Pursuant to application LDR 13-2 by the Planning and Zoning Commission of the City of Williston, the City of Williston Land Development Regulations are hereby amended as described below. Any section, or portion of section not found explicitly in this ordinance should be assumed to have not been amended. The following text shall be added to or deleted from the City of Williston’s Code of Ordinances (additions: additions underlined, deletions: deletions struck):

Sec. 46-31. Established; appointment; terms of office. (a) Establishment. A planning and zoning commission is hereby established for the city. (b) Appointment. The planning and zoning commission shall consist of seven residents of the city who shall be appointed by the city council. The city council shall also appoint one nonvoting member which has been also designated by the county school board as a school board representative. No member of the planning and zoning commission shall be a paid or elected official or employee of the city. (c) Term of office. The term of office shall be for three years; provided, however, that of the seven members first appointed to the planning and zoning commission at the effective date of these land development regulations two shall be appointed for one year, two shall be appointed for two years, and three shall be appointed for three years, and that all appointments thereafter shall be for three years. (d) Removal for cause. Members of the planning and zoning commission may be removed for cause by the city council after filing of written charges, a public hearing, and a majority vote of the city council. (e) Removal for absenteeism. The term of office of any member of the planning and zoning commission who is absent, without being excused by the chairperson, from three consecutive,

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regularly scheduled meetings of the planning and zoning commission shall be declared vacant by the city council. (f) Appointments to fill vacancies. Vacancies in planning and zoning commission membership shall be filled by appointment by the city council for the unexpired term of the member affected. It shall be the duty of the chairperson of the planning and zoning commission to notify the city council within ten days after any vacancy shall occur among members of the planning and zoning commission. (Code 1958, §§ 2-72, 2-73; Ord. No. 434, § 3.1.1, 5-7-2002; Ord. No. 458, § 1, 4-22-2003)

Sec. 46-32. Rules and procedures. (a) Rules. The planning and zoning commission shall establish rules for its own operation not inconsistent with the provisions of applicable state statutes or of these land development regulations. Such rules of procedure shall be available in a written form to persons appearing before the planning and zoning commission and to the public. (b) Officers. The planning and zoning commission shall elect from within the commission a chairperson, who shall be the presiding member, and a vice chairperson, who shall preside in the chairperson's absence or disqualification. The land development regulations administrator shall appoint the secretary for the planning and zoning commission. Terms of all elected officers shall be for one year. Elected officers, other than the chairperson, shall serve no more than two consecutive terms in the same position. (c) Meetings and quorum. The planning and zoning commission shall meet at regular intervals at the call of the chairperson, at the written request of four or more regular members, or within 30 days after receipt of a matter to be acted upon by the planning and zoning commission provided that the planning and zoning commission shall hold at least one regularly scheduled meeting each month, on a day to be scheduled by the planning and zoning commission. Four members of the planning and zoning commission shall constitute a quorum. All meetings of the planning and zoning commission shall be public. A record of all its resolutions, transactions, findings, and determinations shall be made, which record shall be a public record on file in the office of the land development regulations administrator. (d) Disqualification of members. If any member of the planning and zoning commission shall find that his private or personal interests are involved in a matter coming before the planning and zoning commission, he shall disqualify himself or herself from all participation in that case. No member of the planning and zoning commission shall appear before the planning and zoning commission as agent or attorney for any person. (Code 1958, §§ 2-74, 2-75; Ord. No. 434, § 3.1.2, 5-7-2002)

Sec. 46-33. Appointment of employees and staff. The planning and zoning commission may appoint such employees and staff as it may deem necessary for its work, and may contract with the state planning agency, city planners and other consultants for such services as it may require. The expenditure of the planning and zoning commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the city council. (Ord. No. 270, § 1, 2-5-1985; Code 1958, § 2-75)

Sec. 46-34. Powers and duties.

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From and after the time when the planning and zoning commission shall have organized and selected its officers and shall have adopted its rules of procedure, then the planning and zoning commission shall have all the powers, duties and responsibilities set forth herein: (1) Comprehensive plan. The planning and zoning commission shall have the power and duty to prepare and recommend to the city council for adoption a comprehensive plan for the physical development of the city and to perfect it from time to time. In conducting its work, the commission may consider and investigate any subject matter tending to the development and betterment of the municipality and may make recommendations as it may deem advisable concerning the adoption thereof to the city council. Such comprehensive plan may show, among other things, existing and proposed streets, highways, expressways, bridges, tunnels and viaducts and approaches thereto; routes of railroads and transit lines, terminals, ports and airports; parks, playgrounds; forests, reservations, and other public open space; sites for public buildings and structures; districts for residence, business, industry, recreation, agriculture and forestry; special districts for other purposes; limited development districts for purposes of conservation; water supply, sanitation, drainage, protection against floods, and the like; areas for housing developments; slum clearance, urban renewal and redevelopment; location of public utilities whether publicly or privately owned, including but not limited to sewerage and water supply systems; together with time and priority schedules and cost estimates for the accomplishment of the proposals. The comprehensive plan shall be based upon and include appropriate studies of the location and extent of present and anticipated use of land, population, social and economic resources and problems, and other useful data. The comprehensive plan shall be a public record, but its purpose and effect shall be solely to aid the planning and zoning commission in the performance of its duties. (2) Zoning. The planning and zoning commission shall act as the zoning commission for the city as provided for in planning and zoning requirements of Florida Statutes, and shall have all the powers, duties and responsibilities set forth therein. (Ord. No. 270, § 1, 2-5-1985; Code 1958, § 2-76)

Sec. 46-35. Local planning agency. (a) The planning and zoning commission is hereby designated and established as the "local planning agency" as required by Florida Statutes. (b) The planning and zoning commission shall have the duty of preparing a comprehensive plan as required by Florida Statutes. (c) The citizens of the city are hereby requested to cooperate with the planning and zoning commission in order to comply with all aspects of the Local Government Comprehensive Planning Act, F.S. § 163.3161 et seq. (Ord. No. 270, § 1, 2-5-1985; Code 1958, § 2-77) Secs. 46-36—46-60. Reserved. Sec. 46-31. - Established; appointment; terms of office. (a) Establishment. A planning and zoning commission is hereby established for the city. (b) Appointment. The planning and zoning commission shall consist of five residents of the city who shall be appointed by resolution of the city council. The city council shall also appoint one nonvoting member which has been also designated by the county school board as a school board representative. No member of the planning and zoning commission shall be a paid or elected official or employee of the city.

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(c) Term of office. The term of office shall be for three years; provided, however, that of the five members appointed to the planning and zoning commission at the effective update of this section of these land development regulations two shall be appointed for three years, two shall be appointed for two years, and one shall be appointed for one year , and that all appointments thereafter shall be for three years. (d) Removal for cause. Members of the planning and zoning commission may be removed for cause by the city council after filing of written charges, a public hearing, and a majority vote of the city council. (e) Removal for absenteeism. The term of office of any member of the planning and zoning commission who is absent, without being excused by the chairperson, from three consecutive, regularly scheduled meetings of the planning and zoning commission shall be declared vacant by the city council. (f) Appointments to fill vacancies. Vacancies in planning and zoning commission membership shall be filled by appointment by the city council for the unexpired term of the member affected. It shall be the duty of the chairperson of the planning and zoning commission to notify the city council within ten days after any vacancy shall occur among members of the planning and zoning commission. (Code 1958, §§ 2-72, 2-73; Ord. No. 434, § 3.1.1, 5-7-2002; Ord. No. 458, § 1, 4-22-2003) Sec. 46-32. - Rules and procedures. (a) Rules. The planning and zoning commission shall establish rules for its own operation not inconsistent with the provisions of applicable state statutes or of these land development regulations. Such rules of procedure shall be available in a written form to persons appearing before the planning and zoning commission and to the public. (b) Officers. The planning and zoning commission shall elect from within the commission a chairperson, who shall be the presiding member, and a vice chairperson, who shall preside in the chairperson's absence or disqualification. The land development regulations administrator shall appoint the secretary for the planning and zoning commission. Terms of all elected officers shall be for one year. Elected officers, other than the chairperson, shall serve no more than two consecutive terms in the same position. (c) Meetings and quorum. The planning and zoning commission shall meet at regular intervals at the call of the chairperson, at the written request of three or more regular members, or within 30 days after receipt of a matter to be acted upon by the planning and zoning commission provided that the planning and zoning commission shall hold at least one regularly scheduled meeting each month, on a day to be scheduled by the planning and zoning commission. Three members of the planning and zoning commission shall constitute a quorum. All meetings of the planning and zoning commission shall be public. A record of all its resolutions, transactions, findings, and determinations shall be made, which record shall be a public record on file in the office of the land development regulations administrator. (d) Disqualification of members. If any member of the planning and zoning commission shall find that his private or personal interests are involved in a matter coming before the planning and zoning commission, he shall disqualify himself or herself from all participation in that case. No member of the planning and zoning commission shall appear before the planning and zoning commission as agent or attorney for any person. (Code 1958, §§ 2-74, 2-75; Ord. No. 434, § 3.1.2, 5-7-2002) Sec. 46-33. - Appointment of employees and staff.

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The planning and zoning commission may appoint such employees and staff as it may deem necessary for its work, and may contract with the state planning agency, city planners and other consultants for such services as it may require. The expenditure of the planning and zoning commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the city council. (Ord. No. 270, § 1, 2-5-1985; Code 1958, § 2-75) Sec. 46-34. - Powers and duties. From and after the time when the planning and zoning commission shall have organized and selected its officers and shall have adopted its rules of procedure, then the planning and zoning commission shall have all the powers, duties and responsibilities set forth herein: (1) Comprehensive plan. The planning and zoning commission shall have the power and duty to prepare and recommend to the city council for adoption a comprehensive plan for the physical development of the city and to perfect it from time to time. In conducting its work, the commission may consider and investigate any subject matter tending to the development and betterment of the municipality and may make recommendations as it may deem advisable concerning the adoption thereof to the city council. Such comprehensive plan may show, among other things, existing and proposed streets, highways, expressways, bridges, tunnels and viaducts and approaches thereto; routes of railroads and transit lines, terminals, ports and airports; parks, playgrounds; forests, reservations, and other public open space; sites for public buildings and structures; districts for residence, business, industry, recreation, agriculture and forestry; special districts for other purposes; limited development districts for purposes of conservation; water supply, sanitation, drainage, protection against floods, and the like; areas for housing developments; slum clearance, urban renewal and redevelopment; location of public utilities whether publicly or privately owned, including but not limited to sewerage and water supply systems; together with time and priority schedules and cost estimates for the accomplishment of the proposals. The comprehensive plan shall be based upon and include appropriate studies of the location and extent of present and anticipated use of land, population, social and economic resources and problems, and other useful data. The comprehensive plan shall be a public record, but its purpose and effect shall be solely to aid the planning and zoning commission in the performance of its duties. (2) Zoning. The planning and zoning commission shall act as the zoning commission for the city as provided for in planning and zoning requirements of Florida Statutes, and shall have all the powers, duties and responsibilities set forth therein. (Ord. No. 270, § 1, 2-5-1985; Code 1958, § 2-76) Sec. 46-35. - Local planning agency. (a) The planning and zoning commission is hereby designated and established as the "local planning agency" as required by Florida Statutes. (b) The planning and zoning commission shall have the duty of preparing a comprehensive plan as required by Florida Statutes. (c) The citizens of the city are hereby requested to cooperate with the planning and zoning commission in order to comply with all aspects of the Local Government Comprehensive Planning Act, F.S. § 163.3161 et seq. (Ord. No. 270, § 1, 2-5-1985; Code 1958, § 2-77)

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SECTION 2. Severability. Should any section, provision, paragraph, sentence,

clause or word of this Ordinance or portion hereof be held or declared by any court of

competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be

considered as eliminated and shall not affect the validity of the remaining portions or

applications of this Ordinance.

SECTION 3. Codification. It is the intention of the City Council of the City, that the

provisions of this Ordinance shall become and made a part of the Code of Ordinances of the

City, as applicable, and that the Sections of this Ordinance may be renumbered, re-lettered

and the word "Ordinance" may be changed to "Section," "Article" or other word or phrase in

order to accomplish such intention.

SECTION 4. Effective Date. This ordinance shall take effect immediately.

PASSED on first reading, this 19th day of November .2013. PASSED AND DULY ADOPTED, with a quorum present and voting by the City Council of the City of Williston, Florida, after properly dispensing with the second and final reading, this ______Day of ____________, 2013. ATTEST: CITY OF WILLISTON _____________________________ _____________________________ Frances Taylor Jason Cason CITY CLERK PRESIDENT, CITY COUNCIL APPROVED AS TO FORM AND CONTENT: _____________________________ FRED L. KOBERLEIN, JR. CITY ATTORNEY

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City of Williston

Financial Report September 30, 2013

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Table of Contents

Page #

Financial Overview ………………………………………………………………… 1 - 7

Balance Sheet - All Funds ………………………………………………………… 8

Summary of Revenues and Expenditures / ExpensesGeneral Fund …………………………………………………………………… 9Airport Fund …………………………………………………………………… 10CRA Fund ……………………………………………………………………… 11Utility Fund ……………………………………………………………………… 12Capital Improvement Program (CIP) Fund ………………………………… 13

Capital Improvement ProgramCapital Projects - Spending Report ………………..………………………… 14Capital Purchases - Spending Report ………………..……………………… 15

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Financial Overview

September 30, 2013

(100% of Year Complete)

The financial overview is designed to provide additional information helpful when reviewing the monthly financial statements. Please keep in mind that the September financials are unaudited and could change depending upon late invoices arriving as well as the normal audit process. For additional information not included in this report, please contact the Finance Department at City Hall

CITY-WIDE – ALL FUNDS

City-wide Revenues: Total City-wide revenues through September was approximately $9.4 million or 98.2% of the annual budget (excluding only expected grant revenue). Chart 1 shows a breakdown of the total revenue by source.

City-wide Expenditures: Total expenditures

through September was approximately $8.9 million or 94.9% of the annual budget (excluding only capital outlay). [See chart 2 below for breakdown by type]. Capital Expenditures: Total capital purchased through September was $3.6 million. Of that amount, approximately $3 million was spent on the Taxiway A Extension project at the airport. Cash and Investments: Total cash & investments as of September was approximately $4.1 million. Of that amount, approximately $3.84 million are held in CDs with the balance available for City operations. Approximately $3.1 million of the CDs are from the Utility Fund with $769 thousand from the General Fund.

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Financial Overview

September 30, 2013

(100% of Year Complete)

GENERAL FUND

Overview: Through September, the revenues in the General Fund exceeded expenditures by approximately $16.2 thousand which was $95.6 thousand more than last year at this time. The factors which contributed to the General Fund’s current financial position are discussed below.

Revenues: Total revenue through September was approximately $2.4 million or 97% of the annual budget. A breakdown of the total revenue is shown in Chart 3. Approximately $511.5 thousand or 21.6% of the total revenue received year-to-date was from property taxes. Also included in the YTD total was approximately $201.2 thousand from County fire service invoices as well as approximately $627 thousand contributed from the Utility Fund.

Expenditures: Total expenditures through September was approximately $2.4 million or 96.5% of the annual budget. Chart 4 below shows a breakdown of the total expenditures for the year by department and percent of budget spent. The next page discusses significant departmental variances through September.

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Financial Overview

September 30, 2013

(100% of Year Complete)

GENERAL FUND Expenditures: (continued)

City Council: The advertising line is over budget for the year due to additional required ads for workshops, ordinances and other legally required advertisements.

Administrative: The unemployment compensation line includes invoices for the former City Manager. The other contractual services line item includes $5.6 thousand for allocated portion of management services for the interim City Manager; however, this expense was partially offset by the City Manager position which was not filled until December. That line item also includes allocated portion of accounting software ($2.4 thousand), annual fee for renewal of municipal code services ($2.4 thousand), and the cost for the annual GASB 45 report ($2.3 thousand). The postage, phone and office supplies expenses are split with the Utility fund. The building maintenance total includes cost for repairs to City Hall as well as the cost of commercial cleaning services. Finally, the dues and subscription total includes annual memberships to the IIMC and Florida League of Cities.

Fire: The salaries & wages line exceeded the annual budget due to the volume of call for the fiscal year. The

maintenance of equipment line includes a one-time cost of $3.3 thousand to replace relief value along with other required repair expenses. The vehicle repairs line item includes approximately $10.9 thousand for repairs to Engine #72. The material & supplies as well as the miscellaneous expense line items include normal supplies required for the department. The vehicle fuel required for the department has exceed the budget. This line item will be increased in next year’s budget. Finally, the capital outlay line includes $13 thousand spent on bunker gear. Approximately $5 thousand of the capital outlay was reimbursed by a grant.

Public Works: The repairs & maintenance line includes approximately $3.3 thousand for sidewalk repairs as well as $5.8 thousand for tractor and other vehicle repairs.

Special Events: The material & supplies line has exceed the annual budget; however, a good portion of

these costs were offset by donations received by the City.

Non-Departmental: The contingency line includes the allocated portion of safety awards paid to former employees of the City.

CRA FUND Overview: The annual distribution from the County ($96 thousand) was received in December. An additional $71 thousand in tax incremental revenue has been transferred from the General Fund. Approximately $394.5 thousand in expenditures was spent through September which is only 64.6% of the annual budget for fund. Additional capital spending for Heritage Park is anticipated next fiscal year.

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Financial Overview

September 30, 2013

(100% of Year Complete)

AIRPORT FUND Overview: Through September, the Airport Fund generated approximately $118.7 thousand in revenues over expenditures which was approximately $32.4 thousand more than last year at this time. The margin on fuel sales (21%) contributed approximately $110.7 thousand to the bottom line while the other operational activities resulted in an additional $7.9 thousand. A significant factor for the positive results through September was approximately $121.1 thousand in timber sales revenue. Through September, the Airport Fund had a $101.2 thousand deficit fund balance which was a reduction of $118.7 thousand compared to the previous fiscal year-end total of $219.8 thousand. Approximately $89.3 thousand of the fund balance deficit was related to a notes payable due to the General Fund (loan); $124.3 thousand of the overall fund balance was the net operating cash surplus for the fund; with the balance $136.1 thousand representing the extent with which the other current available liabilities within the Airport Fund exceed the current assets [see Chart 5].

Revenues: Total revenue through September was approximately $998.8 thousand or 88.7% of the annual budget not including grant revenue. Jet fuel sales accounted for $267.5 thousand or 30.2% of total revenue (excluding only grants); while AvGas fuel sales was approximately $260.8 thousand or 29.4% of total revenue. Overall, total fuel sales through September were lower than last year by approximately 13.4% or approximately $81.7 thousand (19 thousand gallons) [see Chart 6 for comparison to prior year]. Also as noted above, timber sales through September was $121.1 thousand.

Operating Expenditures: Total expenditures through September was approximately $767.6 thousand or 80.5% of the annual budget (excluding only capital outlay on grants). The only significant spending variances for the fiscal year was $1.3 thousand for advertising, $.8 thousand in overtime and approximately $26.3 thousand in repairs & maintenance expenses for airport vehicles and other equipment. The other contractual services line item included approximately $1.2 thousand for annual maintenance fees for accounting software as well as $3.8 thousand for management/consulting services for the interim City Manager; however, this expense was partially offset by the City Manager position which was not filled until December. The building maintenance line item includes approximately $7 thousand in roof repairs and water damage cleaning.

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Financial Overview

September 30, 2013

(100% of Year Complete)

UTILITY FUND Overview: The Utility Fund generated approximately $222.6 thousand in net income through September. Included in that number was approximately $299.5 thousand which was the City’s portion of a settlement that Duke reached with its insurers over the damage to the nuclear power plant. Also an estimated $417.7 thousand in depreciation expense was recorded for the fiscal year which is a non-cash transaction. Finally, the Utility Fund contributed approximately $627 thousand to the General Fund and refunded $95.2 thousand in impact fees. Additional information on the Utility Fund is provided in Chart 7, which shows the operating and net income through September for each of the City’s services. Please note that grant revenue and capital expenses have been excluded from the chart. The operating income shown is the difference between operating revenues and operating expenses (including depreciation) for each service type through September. The amount transferred to the General Fund is not included in the operating income calculation but is included in the net income calculation. Through September, only the electric and solid waste services had a positive operating income. The other services did break about even before the depreciation expense was recorded. Only the electric service had a positive net income after subtracting the allocation of the transfer to the General Fund. [See Exhibit 1 below for more details]

Exhibit 1: Utility Fund - Operating and Net Income by Service Type

SolidElectric Gas Water Waste Sewer Total

Operating RevenueService Charges 4,116.0 384.4 314.1 512.8 425.1 5,752.3 Other 90.3 8.4 6.9 11.3 9.3 126.3

Total 4,206.3 392.9 320.9 524.0 434.4 5,878.6

Operating ExpensesDepartment Costs 2,887.8 368.6 314.0 475.3 369.8 4,415.6 Administrative Alloc 95.2 8.9 54.6 11.9 57.7 228.2 Depreciation 89.5 48.8 131.7 - 146.5 416.5

Total 3,072.5 426.4 500.3 487.1 574.0 5,060.3

Operating Income 1,133.8 (33.5) (179.3) 36.9 (139.6) 818.3

Non-operating income / (expenses)Net Interest exp/inc 9.2 0.9 (17.7) 1.1 0.9 (5.6) Transfer to General Fund (459.0) (42.9) (35.0) (57.2) (47.4) (641.4)

Total (449.8) (42.0) (52.7) (56.0) (46.5) (647.0)

Net Income 684.1 (75.5) (232.0) (19.1) (186.1) 171.3

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Financial Overview

September 30, 2013

(100% of Year Complete)

UTILITY FUND (continued)

Revenues: Total revenue through September was approximately $5.9 million or 99% of the annual budget (excluding grant revenue). Included in the YTD total was a $52.9 thousand refund as well as a $298.5 thousand settlement both. Of the major sources of revenue only the solid waste and gas billings had exceeded the annual budget for the year. The electric billings through September was approximately $3.8 million or 64.2% of the total revenue (excluding grant revenue). Chart 8 shows the percentage of each utility service compared to total revenue.

Expenditures: Total expenditures through September was approximately $5.3 million or 89.8% of the annual budget (excluding capital outlay & depreciation). Included in this total was the impact fee refunds (approximately $95.2 thousand). Other significant variances for the departments are discussed below.

Administrative: The other contractual services line includes approximately $5.3 thousand for legal services related to collection matters and $2.4 thousand for allocated portion of accounting software. The dues and subscription line item includes the annual fees ($8.9 thousand) for the FMEA membership. Office supplies, postage, and telephones are split with the General Fund. The materials & supplies line includes $2 thousand for safety supplies. Finally, the OPEB expense is a non-cash transaction to record the annual adjustment for other post-employment benefits.

Gas: The professional services line includes $1.9 thousand allocation of management services for interim City Manager. The overtime line is at 197.8% of the annual budget due to additional hours required for work orders. Finally, the vehicle repair line includes repairs and maintenance to City vehicle.

Water: The overtime line is at 177.6% of the annual budget due to additional hours required for work orders. The professional services line includes expenses for quarterly well testing ($9.3 thousand) along with an annual fee for the operating license ($4.2 thousand). The water analysis line includes monthly invoices for water testing. The material & supplies line includes inventory items expensed and bill backed for work orders.

Sewer Collection: The professional services line includes $.9 thousand allocation of management services for interim City Manager. The repair to equipment line includes approximately $8.4 thousand for repairs to pumps. The life & health insurance line is higher than anticipated due to the budget allocation between this department and the sewer treatment department.

Sewer Treatment: The other contractual services line includes $51.3 thousand for facilities. The cost of the wastewater facilities plan will be 100% reimbursed by a grant. See page 14 for further details on this grant. The material & supplies line includes normal operating supplies which will vary from year to year.

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Financial Overview

September 30, 2013

(100% of Year Complete)

UTILITY FUND (continued)

Expenditures: (continued)

Non-Departmental: The contingency line includes the allocated portion of safety awards paid to former

employees of the City ($5.6 thousand) as well as $95.2 thousand paid out for impact fee refunds.

CAPITAL IMPROVEMENT PROGRAM (CIP) FUND

Overview: The only significant spending in this fund through September was $9 thousand for building renovations and $202.7 thousand for police and utility vehicles. See page 15 for further details on capital spending.

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Balance Sheet - All Funds

General Airport CRA Utility CIPDescription Fund Fund Fund Fund Fund Total

ASSETS

Petty Cash 600$ 100$ -$ 200$ -$ 900$ Cash & Cash Equivalents 380,895 124,309 347,991 1,152,661 166,405 2,172,260 Investments 777,468 - - 3,318,362 - 4,095,830 Accounts Receivable 1,173 11,578 - 896,134 - 908,885 Note Receivable 89,343 - - - - 89,343 Due from Other Funds - - 10,860 - - 10,860 Due from Other Governmental Units 96,974 796,838 - 51,277 - 945,089 Prepaid Insurance 1,819 1,059 - 6,392 - 9,269 Inventory - 78,519 - 157,601 - 236,120 Net Capital Assets - - - 5,651,857 - 5,651,857

TOTAL ASSETS 1,348,271 1,012,403 358,851 11,234,484 166,405 14,120,413

LIABILITES

Accounts Payable 34,710$ 953,661$ 115,682$ 268,712$ 152,509$ 1,525,274$ Accrued Expenses - - - 12,266 - 12,266 Sales Tax Payable - 1,174 - 23,741 - 24,915 Payroll Liabilities 3,413 550 74 76,324 - 80,361 Other Liabilities 2,899 - - - - 2,899 Due to other Funds 9,062 - - - - 9,062 Due to Other Governmental Units - 58,886 - 547 - 59,433 Deposits - - - 246,580 - 246,580 Notes Payable - 89,343 - 462,315 - 551,657 Deferred Revenue 4,681 9,954 - - - 14,635

Power Cost Adjustment - Electric - - - 51,945 - 51,945 Accum Absences/ OPEB Obligation - - - 100,328 - 100,328

TOTAL LIABILITIES 54,766 1,113,568 115,755 1,242,757 152,509 2,679,355

FUND BALANCESReserve for:

Law Enforcement 1,595 - - - - 1,595 Community Redevelopment - - 243,096 - - 243,096

Unreserved, Reported in:General Fund 1,291,910 - - - - 1,291,910 Special Revenue Airport - (101,165) - - - (101,165) Capital Improvement Fund - - - - 13,896 13,896 Utility Fund - - - 9,991,726 - 9,991,726

TOTAL FUND BALANCES 1,293,505 (101,165) 243,096 9,991,726 13,896 11,441,058

TOTAL LIABILITIES & FUND BALANCES 1,348,271 1,012,403 358,851 11,234,484 166,405 14,120,413

September 30, 2013

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General Fund - Summary of Revenues and Expenditures

(91.7% Yr Complete)

Annual Year to Date Variance % of Year to Date VarianceDescription Budget Actual Fav (unfav) Annual Budget Sept 2012 Fav (unfav)

REVENUESLocally Levied Taxes 832,887$ 791,028$ (41,859)$ 95.0% 847,377$ (56,349) Public Service Taxes 334,550 340,260 5,710 101.7% 328,492 11,769 Franchise Fees 91,000 80,207 (10,793) 88.1% 89,550 (9,343) Intergovernmental Revenues 462,017 464,403 2,386 100.5% 454,323 10,080 Fines & Forfeitures 15,500 7,278 (8,222) 47.0% 11,092 (3,814) License & Permits 48,900 43,706 (5,194) 89.4% 41,285 2,420 Miscellaneous 26,350 11,075 (15,275) 42.0% 46,632 (35,557) Interest Income 8,500 2,264 (6,236) 26.6% 6,547 (4,284) Grant 1,000 7,133 6,133 713.3% 135,755 (128,623) Non-Operating 627,000 631,895 4,895 100.8% 927,562 (295,667)

TOTAL REVENUES 2,447,704 2,379,249 (68,455) 97.2% 2,888,616 (509,367)

EXPENSESTotal City Council 36,117 31,568 4,549 87.4% 74,894 43,326 Total Legal Services 38,580 30,640 7,940 79.4% - (30,640) Total Administration 230,154 247,257 (17,103) 107.4% 441,632 194,376 Total Planning & Zoning 37,655 32,283 5,372 85.7% 99,110 66,828 Total Building Permits 18,773 16,538 2,236 88.1% 11,933 (4,604) Total Police Department 963,857 944,177 19,679 98.0% 1,007,198 63,021 Total Police Communications 198,029 199,352 (1,323) 100.7% 198,993 (359) Total Health/Animal Control 48,222 46,690 1,532 96.8% 43,665 (3,025) Total Fire Department 319,997 350,951 (30,953) 109.7% 371,456 20,505 Total Public Works 326,994 254,887 72,107 77.9% 387,593 132,706 Total Recreation / Athletics 47,701 37,229 10,472 78.0% 163,782 126,553 Total Library Department 22,665 15,981 6,684 70.5% 67,370 51,389 Total Special Events 10,700 14,180 (3,480) 132.5% 14,685 505 Total Non-Departmental 148,260 141,364 6,896 95.3% 85,758 (55,606)

TOTAL EXPENDITURES 2,447,704 2,363,095 84,609 96.5% 2,968,070 604,974

REVENUES OVER (UNDER) EXPENDITURES -$ 16,154$ 16,154$ n/a (79,454)$ 95,607$

September 30, 2013

PRIOR YEAR

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Airport Fund - Summary of Revenues and Expenditures

(91.7% Yr Complete)

Annual Year to Date Variance % of Year to Date VarianceDescription Budget Actual Fav (unfav) Annual Budget Sept 2012 Fav (unfav)

REVENUES

Operating Revenue 987,986$ 872,464$ (115,523)$ 88.3% $863,387 9,077

Interest Income 800 458 (342) 57.3% 641 (183)

Other Miscellaneous Income 10,000 13,314 3,314 133.1% 10,808 2,506

TOTAL REVENUES 998,786 886,236 (112,551) 88.7% $874,836 11,399

EXPENSES

Personal Services 187,968 185,822 2,146 98.9% 168,495 (17,327)

Operating Expenditures 718,912 564,825 154,086 78.6% 595,831 31,005

Other Miscellaneous Expenses 21,925 16,933 4,993 77.2% 19,054 2,121

Non-Operating Expenditures 14,982 - 14,982 0.0% - -

TOTAL EXPENSES 943,786 767,580 176,207 81.3% 783,380 15,800

OPERATING REVENUES OVER (UNDER) EXPENSE 55,000 118,656 63,656 115.7% 91,457 27,199

NON-OPERATING REVENUE (EXPENSES)

Capital Improvements - (Grants) (3,432,654) (3,029,608) 403,046 88.3% (250,752) (2,778,856)

JPA Revenue (Grants) 3,387,654 3,029,608 (358,046) 89.4% 250,752 2,778,856

Capital Improvements - Other (10,000) - 10,000 0.0% (5,200) 5,200

Other Financing Sources (Uses) - - - n/a - -

TOTAL NON-OPERATING REVENUES (EXPENSES (55,000) - 55,000 0.0% (5,200) 5,200

TOTAL REVENUES OVER (UNDER) EXPENSES - 118,656 118,656$ n/a 86,257$ 32,399$

September 30, 2013

PRIOR YEAR

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CRA Fund - Summary of Revenues and Expenditures

(91.7% Yr Complete)

Annual Year to Date Variance % of Year to Date VarianceDescription Budget Actual Fav (unfav) Annual Budget Sept 2012 Fav (unfav)

REVENUES

Tax Incremental Revenue - City 71,036$ 71,036$ 0$ 100.0% 80,758$ (9,722)

Tax Incremental Revenue - County 94,010 96,060 2,050 102.2% 107,002 (10,942)

Interest Income 500 549 49 109.9% 352 198

Grant Revenue 3,000 2,848 (152) 94.9% - 2,848

Other Financing Sources 442,639 - (442,639) 0.0% - -

TOTAL REVENUES 611,185 170,493 (440,692) 27.9% 188,111 (17,619)

EXPENDITURES

Personal Services 23,483 19,819 3,663 84.4% - (19,819)

Operating Expenditures 48,063 40,880 7,183 85.1% 19,289 (21,591)

Capital Outlay 519,639 333,847 185,792 64.2% 20,982 (312,865)

Non-Operating Expenditures 20,000 - 20,000 0.0% 40,562 40,562

TOTAL EXPENDITURES 611,185 394,547 216,638 64.6% 80,834 (313,713)

REVENUES OVER (UNDER) EXPENDITURES -$ (224,054)$ (224,054)$ n/a 107,278$ (331,332)$

September 30, 2013

PRIOR YEAR

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Utility Fund - Summary of Revenues and Expenses

(91.7% Yr Complete)

Annual Year to Date Variance % of Year to Date VarianceDescription Budget Actual Fav (unfav) Annual Budget Sept 2012 Fav (unfav)

REVENUES

Electric Utility 4,024,512$ 3,817,503$ (207,009)$ 94.9% 3,899,583$ (82,080)$

Gas Utility 353,000 384,416 31,416 108.9% 334,390 50,026

Water Utility 357,500 314,053 (43,447) 87.8% 330,059 (16,006)

Solid Waste Income 511,680 512,793 1,113 100.2% 551,838 (39,046)

Sewer Utility 427,000 425,086 (1,914) 99.6% 423,379 1,706

Interest Income 30,000 12,811 (17,189) 42.7% 29,214 (16,403)

Disposition of Fixed Assets - 12,500 12,500 n/a - 12,500

Disposition of Scrap Material - 4,180 4,180 n/a - 4,180

Other Miscellaneous Income 59,875 109,574 49,699 183.0% 78,435 31,140

Grant Revenue - 51,276 51,276 n/a 422,901 (371,624)

CR3 Settlement - 298,496 298,496 n/a - 298,496

Use of Retained Earnings 190,000 - (190,000) 0.0% - -

TOTAL REVENUES 5,953,567 5,942,689 (10,878) 99.8% 6,069,800 (127,110)

EXPENSES

Total Administration Department 120,948 131,790 (10,842) 109.0% 209,787 77,997

Total Electric Department 3,165,486 2,977,309 188,176 94.1% 3,056,221 78,911

Total Gas Department 391,570 417,466 (25,896) 106.6% 356,087 (61,379)

Total Water Department 417,778 464,075 (46,297) 111.1% 361,486 (102,589)

Total Solid Waste Department 475,050 475,291 (241) 100.1% 526,121 50,830

Total Sewer Collection 164,496 225,976 (61,481) 137.4% 226,534 558 Total Sewer Treatment 217,358 290,320 (72,962) 133.6% 214,117 (76,203)

Total Non Departmental 1,000,882 737,850 263,032 73.7% 838,129 100,279

TOTAL EXPENSES 5,953,567 5,720,078 233,489 96.1% 5,788,481 68,404

REVENUES OVER (UNDER) EXPENSES -$ 222,612$ 222,612$ n/a 281,318$ (58,707)$

September 30, 2013

PRIOR YEAR

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CIP Fund - Summary of Revenues and Expenses

(91.7% Yr Complete)

Annual Year to Date Variance % of Year to Date VarianceDescription Budget Actual Fav (unfav) Annual Budget Sept 2012 Fav (unfav)

REVENUES

Grant Revenue - (CDGB) 100,000$ -$ (100,000)$ 0.0% -$ -

Transfer From General Fund 60,000 51,090 (8,910) 85.2% - -

Transfer From Utility Fund 334,000 - (334,000) 0.0% - -

Transfer From CRA 10,000 - (10,000) 0.0% - -

State/Federal Loans 155,000 - (155,000) 0.0% - -

Bank Loan Proceeds 215,000 - (215,000) 0.0% - -

Sales of Fixed Assets - 17,511 17,511 n/a - -

TOTAL REVENUES 874,000 68,602 (805,398) 7.8% - -

EXPENDITURES

GIS Mapping 25,000 - 25,000 0.0% - -

Building Renovations 40,000 4,522 35,478 11.3% - -

Vehicle Purchases 190,000 50,184 139,816 26.4% - -

Meter Replacement Program 60,000 - 60,000 0.0% - -

Fire Hydrant Replacement Program 9,000 - 9,000 0.0% - -

Electric Improvements 10,000 - 10,000 0.0% - - Sewer Improvements 180,000 - 180,000 0.0% - -

Street Improvements 65,000 - 65,000 0.0% - -

Stormwater Improvements 75,000 - 75,000 0.0% - -

Park Improvements 170,000 - 170,000 0.0% - -

Gas Improvements 50,000 - 50,000 0.0% - -

TOTAL EXPENDITURES 874,000 54,706 819,294 6.3% - -

REVENUES OVER (UNDER) EXPENDITURES -$ 13,896$ 13,896$ n/a -$ -$

September 30, 2013

PRIOR YEAR

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Capital Projects - Spending Report

Estimated Anticipated AmountProject Grant City/Airport Amount Remaining

Current Projects Status Cost Revenue Match Spent to Date to Spend

Airport FundTaxiway A Extension (AQ294) In Progress 3,671,303 3,671,303 - 3,030,755 640,548 Runway Rehab Design and Construction Pending - - - - - Jet A tank Pending 100,000 100,000 - - 100,000 Security Fencing In Progress 175,000 175,000 - 4,605 170,395

Subtotal 3,946,303 3,946,303 - 3,035,360 910,943

Utility FundWastewater Facilities Plan In Progress 88,819 88,819 - 83,404 5,415

Subtotal 88,819 88,819 - 83,404 5,415

CRA FundHeritage Park - Phase II In Progress 571,000 - 571,000 483,048 87,952

Subtotal 571,000 - 571,000 483,048 87,952

Total 4,606,122$ 4,035,122$ 571,000$ 3,601,811$ 1,004,310$

September 30, 2013

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Capital Purchases - Spending Report

RemainingBudgeted Spending

Budgeted Amount Amount PlannedCapital Purchases Amount Spent to Date Remaining for FY13 Notes

AdministrationPickup Truck (CJ) 25,000 28,289 (3,289) - On orderGIS Mapping 7,500 - 7,500 - Pushed back to FY14Records Room Roof 10,000 9,044 956 - Completed

Subtotal 42,500 37,333 5,167 -

PoliceFord Crown Victoria 25,000 25,092 - - PurchasedFord Crown Victoria 25,000 25,092 - - Purchased

Subtotal 50,000 50,184 - -

ElectricNew Meters (150/yr) 25,000 - 25,000 - On hold pending further reviewRecloser Panels ( 2) 20,000 - 20,000 - Pushed back to FY14Bucket Truck 165,000 - 165,000 - Switched with FY14 purchases

Subtotal 210,000 - 210,000 -

GasInstall valve at NE 9th and 1st 5,000 - 5,000 - On hold pending further reviewReplace Meters (120/ year) 17,000 - 17,000 - On hold pending further reviewUtility truck - 24,603 - - Originally planned for FY14Utility truck - 24,603 - - Originally planned for FY14

Subtotal 22,000 49,206 22,000 -

WaterReplace Meters (320/yr) 18,000 - 18,000 - On hold pending further reviewFire hydrants ($5,000 per hydrant) 10,000 - 10,000 - Pushed back to FY14Utility truck - 24,603 - - Originally planned for FY14F550 Dump Truck - 50,411 - - Originally planned for FY14

Subtotal 28,000 75,014 28,000 -

StormwaterNW 2nd Ave Improvements 50,000 - 50,000 - On hold pending funding

Subtotal 50,000 - 50,000 -

CRASidewalks 30,000 - 30,000 - No spending expected for FY13

Subtotal 30,000 - 30,000 -

Total 432,500$ 211,737$ 345,167$ -$

September 30, 2013

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Date: November 19, 2013

AGENDA ITEM TOPIC: Resolution 2013-68: APPROVAL OF ANNUAL UTILITY DEBT WRITE-OFFS REQUESTED BY: FINANCE DIRECTOR PREPARED BY: FINANCE DIRECTOR BACKGROUND / DESCRIPTION: The City of Williston has 47 Utility accounts that are at least 365 days past due as of September 30, 2013 and have been deemed uncollectible. The total amount of these accounts is $11,750.01 which is less than the amount budgeted for fiscal year 2013 (as shown below). It is unlikely that the accounts will be paid; however, payments may still be accepted after the accounts have been written off. As part of the Finance departments’ normal operating procedures, the following steps were taken to maximize collection and minimize uncollectible balances.

• Penalties are added to delinquent accounts immediately after the deadline for payment has passed.

• Accounts are disconnected/cut-off approximately 5 days following due date for payments.

• With-in three days after disconnection/cut-off, all past due accounts are closed and a final bill is issued. At this time, any deposit balances are applied against the account.

• Approximately 30-60 days after final bill, a notice is mailed to the customer requesting payment for outstanding debt.

• After notice is mailed, past due accounts are turned over to debt management company for further collection activities.

• Any returning customers must pay outstanding debt at time of re-connection. The details for the accounts deemed uncollectible are shown and listed in Exhibit "A". LEGAL: REVIEW: N/A

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Date: November 19, 2013 FISCAL IMPACTS: Included in the FY12/13 budget are GL accounts established to offset and record bad debt amounts. These accounts are listed below:

Amount Account # Account Description Budgeted

405-531-090-050 Bad debt charged off $10,000 405-532-090-050 Bad debt charged off $1,000 405-533-090-050 Bad debt charged off $1,000 405-534-090-050 Bad debt charged off $1,000 405-535-090-050 Bad debt charged off $1,000 Total $14,000

RECOMMENDED ACTION: Approve and adopt resolution 2013-68 to write off uncollectible accounts. ATTACHMENTS: _____ CONTRACT __X__ RESOLUTION _____ MAP _____ LEASE __X__ OTHER DOCUMENTS (Exhibit A) _____ CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COMMISSION ACTION: _______ APPROVED _______ DISAPPROVED

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RESOLUTION NUMBER 2013-68

A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, AUTHORIZING THE WRITE OFF OF UNCOLLECTIBLE

ACCOUNTS (BAD DEBTS) AND; PROVIDING AN EFFECTIVE DATE.

WHEREAS, The City has 47 accounts with unpaid account receivable balances totaling $11,750.01 which have been deemed uncollectible by City staff; and WHEREAS, it is necessary to remove these delinquent accounts deemed uncollectible from the City's accounting records. NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that: the list of accounts listed on Exhibit "A" shall be removed from the City's accounting records.

SECTION 1. Authorize the write off of current bad debts. The City Council hereby authorizes write-off of the bad debts recorded in the City's accounts receivable system.

SECTION 2. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council.

DULY PASSED and approved by the City Council of the City of Williston, Florida, on this 19th day of November 2013.

PASSED AND ADOPTED this 19th day of November, 2013.

CITY COUNCIL

CITY OF WILLISTON, FLORIDA

___________________________________ Jason S. Cason, President City Council

ATTEST: _____________________________ Frances V. Taylor, City Clerk

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AMOUNT

ACCT# NAME ADDRESS PAST DUE

13222 ALL AMERICAN ROCK 703 NW 7th BLVD 2,265.71

12995 AMANDA COFIELD 321 SE 5th Tr Housing Au 293.08

13163 AMBER BLANKENSHIP 92 NW 1st J CIR 195.10

13249 BETTY LAW 251 SE 10th ST 178.17

13287 BRITTANY MATTHEWS 33 NW Williston Arms DR 117.97

10963 BRYAN P. DODD 610 NW 9th CT 116.22

13160 CHASMINE FRASIER 26 NW Williston Arms DR 98.14

11703 COLLEEN SULLIVAN 321 SE 10th ST 152.75

13252 CRYSTAL SOUSA 241 SE 10th ST 72.41

13205 DEBORA MUNIZ 21 SW 8th PL APT 203 192.11

13207 DONALD SPENCER 612 NW 1st AVE 165.93

772 FRANCES PUCKETT 419 NE 2nd ST 613.10

12810 GWENDOLYN BAKER 328 SE 3rd ST 163.88

13013 HEATHER TUEBNER 425 SE 5th TER 176.51

6967 ISLAND FREIGHT 1860 SW 18th AVE # 1860 59.22

11566 JAIME RAFAEL GUILLOT 320 NE 1st AVE 634.21

12980 JEFF WATKINS 14 SW 8th PL APT 102 295.51

13072 JESSICA MILAM 363 SE 10th ST 122.05

12916 JIMMY'S TOW & REPAIR 131 N Main ST STE C 112.37

13015 JOANI JONES 403 NE 11th AVE APT 6 95.80

13035 KAMRINNE BROOKS 14 SW 8th PL APT 204 288.73

13042 MATTHEW J MAHONEY OR 108 NW 1st ST 139.22

13004 MELISSA SAUDER 324 SE 5th TER 178.76

13224 MICHAEL J HALL 608 SE 4th DR 23.92

5532 PAM VOORHEES 605 NW 9th CIR 22.80

13150 PATTY WELLS 403 NE 11th AVE APT 2 75.66

12642 QUEEN E MCINTYRE 418 SE 1st AVE 676.70

12901 RACHELLEAH TAYLOR 45 NW Williston Arms DR 8.83

13265 REBECCA HARTLEY 518 SE 4th DR 228.23

12922 REBECCA K HURST 415 SE 1st Pl Housing Au 17.25

11363 REBECCA M. NEWMAN 709 NW 9th AVE 48.33

13129 RICHARD A MATTHEWS 406 SE 6th AVE 314.63

12879 ROBIN WATSON 20 SW 8th PL APT 204 34.79

13123 RODNEY L SPIKES 529 SE 1st AVE 467.27

13105 RYAN VISNESKI AND 515 SE 4th TER 367.72

11597 SARAH KAY GUGGER 620 SW 1st AVE APT 1 397.50

11295 SHIRLEY CONCORDIA 414 SE 6th ST 35.44

13052 SILAS D ALEXANDER 407 SE 6th ST 30.26

13165 STARLETTE BAKER 1203 NE 3rd AVE 231.93

12878 STEPHANIE JOHNSON 64 NW Williston Arms DR 102.79

12851 STEPHEN MOREE 512 SE 5th ST 216.63

12770 STEWART SNYDER 340 NE 1st AVE 492.34

13140 SUZANNE HOLLIS 22 SW 8th PL APT 103 90.35

13117 TAMI COX 433 NE 1st ST 143.08

13151 TAMIKA R HARRIS 403 NE 11th AVE APT 3 210.47

13102 THERESA WILLIAMS 411 NW 1st AVE 712.29

8419 WILLA DEAN MOODY 87 NW Williston Arms DR 73.85

Total 11,750.01

EXHIBIT AFiscal Year 2013 Utility Write-off List

City of Williston

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Date: November 19, 2013

COUNCIL AGENDA ITEM

DISCUSSION: Threshold for Fixed Assets REQUESTED BY: Stephen Bloom PREPARED BY: Dorothy Tyre BACKGROUND / DESCRIPTION: Capital assets are used to describe assets that are used in operations and that have initial lives extending beyond a single reporting period. Capital assets may be either intangible (e.g., easements, water (rights) or tangible (e.g., land, buildings, building improvements, vehicles, machinery, equipment and infrastructure). As a practical application of the materiality principle, not all tangible capital-type items with useful lives extending beyond a single reporting period are required to be capitalized. Items with extremely short useful lives (e.g., less than 2 years) or of small monetary value are properly reported as an "expense" or "expenditure" in the period in which they are acquired. Currently the State of Florida requires that assets equal to or greater than $1,000 be inventoried.

The monetary criterion used to determine whether a given capital asset should be reported on the balance sheet is known as the capitalization threshold. A government may establish a single capitalization threshold for all of its capital assets, or it may establish different capitalization thresholds for different classes of capital assets.

Based on the attached “best practices” policy guide provided by the GFOA (Government Finance Officers Association) we recommend using monetary threshold for all fixed assets of $5,000. LEGAL REVIEW: None FISCAL IMPACTS: No impacts as fixed assets are budgeted in Capital Improvement Fund and budgeted amounts which do not meet threshold can be reclassified to expenditure account. RECOMMENDED ACTION: Establish monetary value of $5,000 as an appropriate capitalization threshold for capital assets. ATTACHMENTS: _____ CONTRACT XX RESOLUTION _____ MAP _____ LEASE XX OTHER DOCUMENTS _____ CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COUNCIL ACTION:

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_______ APPROVED _______ DISAPPROVED

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BEST PRACTICE

Establishing Appropriate Capitalization Thresholds for Capital Assets (1997, 2001, and 2006) (CAAFR)

Background. The term capital assets is used to describe assets that are used in operations and that have initial lives extending beyond a single reporting period. Capital assets may be either intangible (e.g., easements, water (rights) or tangible (e.g., land, buildings, building improvements, vehicles, machinery, equipment and infrastructure). It is incumbent upon public-sector managers to maintain adequate control over all of a government’s resources, including capital assets, to minimize the risk of loss or misuse. As a practical application of the materiality principle, not all tangible capital-type items with useful lives extending beyond a single reporting period are required to be reported in a government’s statement of position. Items with extremely short useful lives (e.g., less than 2 years) or of small monetary value are properly reported as an "expense" or "expenditure" in the period in which they are acquired. When outlays for capital-type items are, in fact, reported on the statement of position, they are said to be capitalized. The monetary criterion used to determine whether a given capital asset should be reported on the balance sheet is known as the capitalization threshold. A government may establish a single capitalization threshold for all of its capital assets, or it may establish different capitalization thresholds for different classes of capital assets. Capitalization is, of its nature, primarily a financial reporting issue. That is, a government’s principal concern in establishing specific capitalization thresholds ought to be the anticipated information needs of the users of the government’s external financial reports. While it is essential to maintain control over all potentially capitalizable items, there exist much more efficient means than capitalization for accomplishing this objective in the case of a government’s smaller tangible capital-type items.1 Furthermore, practice has demonstrated that capital asset management systems that attempt to incorporate data on numerous smaller items are often costly and difficult to maintain and operate. Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local governments consider the following guidelines in establishing capitalization thresholds:

• Potentially capitalizable items should only be capitalized only if they have an estimated useful life of at least two years following the date of acquisition;

• Capitalization thresholds are best applied to individual items rather than to groups of similar items (e.g., desks and tables), unless the effect of doing so would be to eliminate a significant portion of total capital assets (e.g., books of a library district);

• In no case should a government establish a capitalization threshold of less than $5,000 for any individual item;

1 See GFOA’s best practice on “Ensuring Control over Noncapitalized Items” (2006).

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• In establishing capitalization thresholds, governments that are recipients of federal awards should be aware of federal requirements that prevent the use of capitalization thresholds in excess of certain specified maximum amounts (i.e., currently $5,000) for purposes of federal reimbursement; and

• Governments should exercise control over potentially capitalizable items that fall under the operative capitalization threshold.2

Approved by the GFOA’s Executive Board, February 24, 2006.

2 See GFOA’s best practice on “Ensuring Control over Noncapitalized Items” (2006).

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RESOLUTION NUMBER 2013-69

A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, ESTABLISHING MONETARY VALUE OF $5,000 AS AN APPROPRIATE CAPITALIZATION THRESHOLD FOR CAPITAL ASSESTS; PROVIDING AN EFFECTIVE DATE.

WHEREAS, fixed assets items should only be capitalized if they have an estimated useful life of at least two years following the date of acquisition;

WHEREAS, capitalization thresholds are best applied to individual items rather than to groups of similar items (e.g., desks and tables),

WHEREAS, the City will set a value of $5,000 as the threshold for any individual item to be capitalized;

NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that: the guidelines set in this resolution will be followed for capitalizing of fixed assets.

EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by

the City Council.

DULY PASSED and approved by the City Council of the City of Williston, Florida, on this 19th day of November 2013. CITY OF WILLISTON, FLORIDA BY: __ Jason Cason President, City Council ATTEST: Frances Taylor, City Clerk

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Date: November 19, 2013

COUNCIL AGENDA ITEM DISCUSSION: REQUEST AUTHORIZATION TO WRITE OFF FIXED ASSETS REQUESTED BY: Stephen Bloom PREPARED BY: Dorothy Tyre BACKGROUND / DESCRIPTION: The City of Williston staff conducted an inventory of the City’s fixed assets. After completing the inventory and discussing the results with the managers, staff has complied a list of fixed assets which are worn-out, missing, unusable, already thrown away, replaced, traded, or used for parts. It is staff’s recommendation that these fixed assets be written off. Exhibit A lists the fixed assets that we are requesting to be written off and removed from the inventory list. LEGAL REVIEW: None FISCAL IMPACTS: The net impact of the assets written off would be $23,691. RECOMMENDED ACTION: The City Council to authorize the write off and remove the fixed assets listed in Exhibit A. ATTACHMENTS: _____ CONTRACT XX RESOLUTION _____ MAP _____ LEASE XX OTHER DOCUMENTS _____ CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED COUNCIL ACTION: _______ APPROVED _______ DISAPPROVED

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RESOLUTION NUMBER 2013-70

A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, AUTHORIZING THE CITY COUNCIL TO APPROVE FOR THE CAPITAL ASSETS LISTED IN EXHIBIT A TO BE REMOVED FROM CITY CAPITAL OUTLAY ACCOUNTS, FOR FISCAL YEAR 2012/2013; PROVIDING AN EFFECTIVE DATE.

WHEREAS, City of Williston desires to remove and write-off certain property from the City’s fixed asset listing as identified in Exhibit A, attached. WHEREAS, Exhibit A details each item of property by department, property description, original cost and net value.

WHEREAS, Exhibit A contains property that was worn-out, missing, unusable, traded, replaced and has been disposed of. NOW, THEREFORE, BE IT RESOLVED by the City of Williston, Levy County, Florida, that: The City Council approves the write off and removal of the property listed in Exhibit A with an original cost of $432,476 and a net book value of $23,691.

EFFECTIVE DATE. This Resolution shall be effective for Fiscal Year 2013 as adopted

by the City Council.

DULY PASSED and approved by the City Council of the City of Williston, Florida, on this 19th day of November 2013. CITY OF WILLISTON, FLORIDA BY: __ Jason Cason President, City Council ATTEST: Frances Taylor, City Clerk

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Dept Asset #Date

Acquired Description Cost Net

Book Value Adminstration 00449 08/31/84 BULLETIN BOARD & ACCESSORIES 393.00 393.00 Adminstration 00471 02/28/85 USED REFRIGERATOR 225.00 225.00 Adminstration 00470 03/31/85 CARPET - BROOKS 378.00 378.00 Adminstration 00463 01/31/87 HEAT PUMP 3,500.00 - Adminstration 00469 03/31/88 RECORDING EQUIPMENT 2,799.00 - Adminstration 00477 06/30/89 AIR CONDITIONER COMMUNITY CENTER 2,500.00 - Adminstration 00487 11/30/90 TYPEWRITER WITH DUSTCOVER - FIN DIR 428.00 428.00 Adminstration 00489 01/31/92 AIR CONDITIONER - CITY CLERK OFFC 399.00 399.00 Adminstration 00494 04/30/95 WHEELWRITER 1000 -TYPEWRITER 448.00 - Adminstration 00493 04/30/95 CHECK PROTECTOR 795.00 - Adminstration 00505 10/14/97 PRINTER - CITY CLERK OFFC 804.00 - Adminstration 00525 03/18/98 SOFTWARE OFFICE 1997 - BMH 328.00 - Adminstration 00521 03/18/98 COMPUTER @ FIRE DEPT 998.00 - Adminstration 00527 07/29/98 OMNI BOOK 2100 (LAP TOP COMPUTER) 1,876.00 - Adminstration 00077 10/28/99 ISDN CARD FOR INTERNET 558.00 - Adminstration 00028 11/08/99 COPIER EP5000 (@ ANNEX BLDG) 6,426.00 - Adminstration 00853 04/01/01 COMPAQ P3/800 W/ ETHERNET @AIRPORT 1,115.00 - Adminstration 00855 04/01/01 COMPAQ DP EX P3/800 W/ ETHERNET @COUNCIL 1,115.00 - Adminstration 00857 04/01/01 COMPAQ DP EX P3/800 W/ ETHERNET @ FD 1,115.00 - Adminstration 00929 03/31/02 Compaq Evo D500 Computer CD1 794.00 - Adminstration 01033 03/02/04 BACK-UP EXEC 9.1 SMALL BUSINESS SERVER 338.70 - Adminstration 01032 03/23/04 TREND MICRO SOFTWARE LICENSE -26 USERS 1,006.54 - Adminstration 10152 07/22/04 DELL DIMENSION 2400 CPU W/ KEYBOARD & MOUSE 837.48 - Adminstration 10342 06/20/06 FUJITSU FI-5120C SCANNER 940.00 - Adminstration 10341 06/20/06 FUJITSU FI-5220C SCANNER 1,320.00 - Adminstration 10496 02/28/08 PORTABLE VOICE PA SYSTEM 1,188.85 99.12 Adminstration 10525 08/31/08 5 TON A/C UNIT APB 4,600.00 919.96 Airport 00107 01/01/80 OLD SHADE HANGER 31,000.00 5,618.79 Airport 00122 09/30/80 FENCE 89,509.00 - Airport 00124 09/30/85 MOWER 625.00 - Airport 10803 10/01/09 AIRPORT - MODULAR SPACE 2,327.50 1,978.35 Airport 10801 10/01/09 MODULAR SPACE - 1 STEPS 1 RAMPS 2,595.00 2,205.78 Dispatch 10501 03/01/08 DESKTOP COMPUTER & LCD MONITOR 956.40 - Dispatch 10505 03/01/08 DESKTOP COMPUTER & LCD MONITOR 956.40 - Electric 00306 09/30/90 POULAN - SAW 3400 1,020.00 - Electric 00314 04/30/97 MINOLTA (BARN) COPIER 1/3 COST 841.00 - Electric 00317 08/31/97 RECORDING EQUIPMENT PARTIAL 1,610.00 - Electric 00311 09/30/97 SHERDDER/CABINET @ CITY HALL 1,039.00 - Electric 00926 03/30/02 CRIMPING TOOL 2,485.00 - Fire 00531 02/28/87 GARAGE DOORS 2,715.00 - Fire 00532 03/31/87 GARAGE DOORS 326.00 - Fire 00556 06/30/91 EQUIP (KNEE BOOTS,HELMETS, JCKTS, BIBOVERAL 4,667.00 - Fire 00566 11/30/92 2 WAY RADIO 400.00 400.00 Fire 00567 03/31/93 2 WAY RADIO 450.00 450.00 Fire 00568 03/31/93 2 WAY RADIO 450.00 450.00 Fire 00573 02/28/94 RADIO 400.00 - Fire 00574 03/31/94 RADIO 450.00 - Fire 00575 03/31/94 RADIO 450.00 - Fire 00582 04/30/95 RADIO 450.00 - Fire 00583 04/30/95 RADIO 450.00 - Fire 00584 04/30/95 RADIO 450.00 - Fire 00585 04/30/95 RADIO 450.00 -

City of WillistonExhibit A - Fixed Asset Disposal

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Dept Asset #Date

Acquired Description Cost Net

Book Value

City of WillistonExhibit A - Fixed Asset Disposal

Fire 00579 06/30/95 SCOTT FOAM UNIT 468.00 - Fire 00586 02/28/96 JAWS OF LIFE PARTS 1,720.00 - Fire 00593 06/16/98 SPARE CYLINDER 30 MINUTE 2216 PSE COMPOSIT 510.00 - Fire 00594 06/16/98 SPARE CYLINDER 30 MINUTE 2216 PSE COMPOSIT 510.00 - Fire 00595 06/16/98 SPARE CYLINDER 30 MINUTE 2216 PSE COMPOSIT 510.00 - Fire 00596 06/16/98 SPARE CYLINDER 30 MINUTE 2216 PSE COMPOSIT 510.00 - Fire 00063 01/01/99 COMPUTER (GRANT) 2,200.00 - Fire 00013 09/17/99 IBM PC 300 GL COMPUTER 1,298.00 - Fire 00008 09/17/99 COMPAQ PROLIANT 1600 CPU COMPLETE SERVER 8,188.00 - Fire 00877 07/26/01 FIRE PROG SOFTWARE, MULIT-USER SYSTEMS UP 1,189.75 - Fire 00904 09/30/01 CYLINDERS, CARBON FIBER 5 @ $555.00 EACH 2,775.00 231.26 Fire 00903 09/30/01 SILICONE AIRMASK 13 @ 308.50 EACH 4,010.50 - Fire 10354 09/06/06 ICE MACHINE W/ ICE BIN 2,459.00 - Fire 10499 03/12/08 EXHAUST FAN - ELECTRIC 1,935.00 161.25 Gas 00255 08/31/90 ODORATOR CALIB-NATU'L GAS 1,550.00 - Gas 00852 04/06/01 SAW-STICHL 14'' CUTQUICK 900.00 - Parks & Rec 00612 03/31/87 SWINGSET 300.00 300.00 Parks & Rec 00606 03/31/88 BASKET BALL GOAL & GOALPOST 357.00 357.00 Parks & Rec 00607 03/31/88 BASKET BALL GOAL & GOALPOST 357.00 357.00 Permits 10486 01/01/08 HP COMPAQ DESKTOP COMPUTER W/MSOFFICE 2007 798.00 39.90 Police 10289 12/06/05 ITT NIGHT ENFORCER PVS 14 W/ HELMET MOUNT 3,640.60 - Police 00637 03/31/86 NEW FENCE FOR DOG POUND 960.00 - Police 00646 09/30/88 SURVEILLANCE EQUIPMENT 3,359.00 - Police 00657 12/31/89 BIG EAR LISTENING DEVICE 125.00 125.00 Police 00659 02/28/90 PHONE (EXTRA) 246.00 246.00 Police 00660 03/31/90 PHONE SYSTEM 3,427.00 - Police 00661 07/31/90 TYPEWRITER 479.00 479.00 Police 00665 10/31/90 1 LGT BAR IMPULSE 2000 48'' SIREN & AMP 698.00 - Police 00675 08/31/92 Q & A NETWORK PACK 310.00 310.00 Police 00668 08/31/92 COMMUNICATION UPGRADE 942.00 - Police 00669 08/31/92 COMMUNICATION UPGRADE 942.00 - Police 00670 08/31/92 COMMUNICATION UPGRADE 942.00 - Police 00671 08/31/92 COMMUNICATION UPGRADE 943.00 - Police 00672 08/31/92 COMMUNICATION UPGRADE 943.00 - Police 00673 08/31/92 COMMUNICATION UPGRADE 943.00 - Police 00674 08/31/92 COMMUNICATION UPGRADE 943.00 - Police 00681 10/31/92 SURVELANCE CAMERA 1,200.00 - Police 00678 12/31/92 SURVELANCE CAMERA 728.00 - Police 00676 03/31/93 TIME CLOCK 315.00 315.00 Police 00688 09/30/93 ANIMAL DART PISTOR TELENJECT 437.00 437.00 Police 00684 11/30/93 TELEPHONE - DISPATCHERS OFFICE 335.00 - Police 00683 01/31/94 FURNITURE CHIEF'S OFFICE 955.00 - Police 00711 01/31/97 VECTOR W/5 ROTATORES 2 ALLEY 2 TAKE DOWNS 730.00 - Police 00713 06/30/97 MAHOGANY CREDINZA STORAGE 870.00 206.68 Police 00709 06/30/97 DEVELOPMENT FUMING CHAMBER 917.00 - Police 00710 06/30/97 VIDEO CAMERA & ACCESSORIES 1,408.00 - Police 00755 10/01/97 K-9 DOG 6,445.00 - Police 00651 01/01/98 SHOTGUN 12 GA AUTO 250.00 - Police 00652 01/01/98 SHOTGUN 12 GA AUTO 250.00 - Police 00687 01/01/98 ANIMAL DART RIFLE 250.00 - Police 00648 01/01/98 TT SCREEN 300.00 - Police 00735 03/16/98 PROLIANT SERVER 9,550.00 -

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Dept Asset #Date

Acquired Description Cost Net

Book Value

City of WillistonExhibit A - Fixed Asset Disposal

Police 00733 09/09/98 WHITE POLICE BIKE ALUM GRIP SHIFT GRIP 454.00 - Police 00734 09/09/98 WHITE POLICE BIKE ALUM GRIP SHIFT GRIP 454.00 - Police 00039 01/27/99 JVC SR-9070U RADIO 1,128.00 - Police 00040 01/27/99 PANA AG-EP50 RADIO #C7PU00022 1,249.00 - Police 00020 09/13/99 CRIMEFILE 2000 MANAGEMENT SYSTEMS 5,150.00 - Police 00011 09/17/99 SMALL BUSINESS SYSTEMS-MS NT SBS V4.5 CD 5U 1,458.00 - Police 00073 12/01/99 CRIME FILE 2000 MANAGEMENT SYSTEMS 5,145.00 - Police 00096 01/11/00 COMPAQ DP EP COMPUTER (GRANT) 1,298.00 - Police 00097 01/11/00 CRIMEFILE PRINT ENGINE SOFTWARE (GRANT) 2,300.00 - Police 00088 03/15/00 TELEPHONE RECORDER-8 CHANNEL MAINFRAME-DIS 8,321.40 - Police 00792 06/01/00 CAMERA DIGITAL-KODAX DC-280 615.00 - Police 00788 06/01/00 LASER PRINTER 1,098.00 - Police 00790 06/01/00 COMPUTER CPU 1,448.00 - Police 00832 12/04/00 TABLE, CONFERENCE-MAHOGANY 798.00 325.79 Police 00840 01/05/01 VEST, K-9 BULLET PROOF 750.00 - Police 00835 01/24/01 COMPUTER SYSTEM DELL 1,295.00 - Police 00905 09/30/01 TELEPHONE UPGRADES 5,914.20 - Police 00939 01/01/02 CHAIN LINK FENCE (ANTENNA) 600.00 277.50 Police 00947 01/01/02 SANYO TIME-LAPSE VCR 800.00 - Police 00949 03/27/02 DELL OPTIPLEX GX240 845.09 - Police 00977 04/02/03 DELL OPTIPLEX GX260 COMPUTER SYSTEM 1,401.00 - Police 00978 04/02/03 DELL OPTIPLEX GX260 COMPUTER #BDPZM21 1,401.00 - Police 00982 09/23/03 BELKIN OMNIVIEW 4-PORT KVM SWITCH #3031482979 69.00 - Police 00985 09/23/03 HP DESKJET 5550 PRINTER #MY2961M020 95.00 - Police 00983 09/23/03 SAMSUNG 17'' SYNCMASTER COMP MONITOR 124.00 - Police 00984 09/23/03 SAMSUNG 17'' SYNCMASTER COMP MONITOR 124.00 - Police 01044 11/13/03 SennHeiser EWE 112 and Audio Adapter 582.45 68.00 Police 01038 03/01/04 BACK-UP EXEC 9.1 SMALL BUSINESS SERVER 338.70 - Police 01037 03/01/04 WINDOWS 2003 SBS PER DEVISE LICENSES 1,652.35 - Police 01029 03/01/04 DELL POWEREDGE 2600 SERVER #4VRWF41 6,073.67 - Police 01036 03/08/04 TREND MICRO CLIENT/SERVER/MESSAGING SUITE #S 1,006.54 - Police 01040 04/16/04 MAYTAG PORTABLE AIR CONDITIONER 547.99 86.72 Police 01046 05/25/04 Premier Canie System - Hot Dog 543.00 90.44 Police 10222 01/25/05 DELL OPTIPLEX GX280 1,545.02 - Police 10252 09/01/05 STEALTH VEST W/ MODULAR GRIP SNAP W/BICEP PRO 1,490.00 - Police 10255 09/01/05 STEALTH VEST W/MODULAR GRIP SNAP W/BICEP PRO 1,490.00 - Police 10275 12/01/05 DELL OPTIPLEX GX520 COMPUTER SYSTEM 1,122.89 - Police 10276 12/01/05 DELL OPTIPLEX GX520 COMPUTER SYSTEM 1,122.89 - Police 10277 12/01/05 DELL OPTIPLEX GX520 COMPUTER SYSTEM 1,122.89 - Police 10290 12/06/05 SPIDER ESU LEGACY PRO LEVEL III A 1,368.00 - Police 10291 12/06/05 SPIDER ESU LEGACY PRO LEVEL III A 1,368.00 - Police 10338 05/15/06 VIDEX CYBERLOCK SOFTWARE, LOCKS & KEYS 4,414.00 1,618.51 Police 10355 09/01/06 COMPUTER AIDED DISPATCH (CAD) SOFTWARE 15,045.00 - Police 10391 12/18/06 WATCHGUARD FIREBOX X750e 3,310.00 - Police 10441 10/08/07 2008 FORD CROWN VICTORIA 24,497.00 408.32 Police 10500 03/01/08 DESKTOP COMPUTER & LCD MONITOR #2H5QGF1 956.40 - Police 10502 03/01/08 DESKTOP COMPUTER & LCD MONITOR 956.40 - Police 10503 03/01/08 DESKTOP COMPUTER & LCD MONITOR #DH5QGF1 956.40 - Police 10504 03/01/08 DESKTOP COMPUTER & LCD MONITOR #9H5QGF1 956.40 - Police 10523 08/01/08 TeraStation Pro II (Server Backup) 2,154.00 - Police 10606 06/05/09 FORD CROWN VIC 2006 #063 7,650.00 - Police 10641 11/23/09 Digital Ally DVM500+ In car video Camera #01F4-6715 4,541.00 1,419.11

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Dept Asset #Date

Acquired Description Cost Net

Book Value

City of WillistonExhibit A - Fixed Asset Disposal

Police 10647 02/01/10 EVIDENCEFILE IMS SOFTWARE/SCANNER 4,212.10 1,404.06 Police 10656 03/09/10 SHREDDER 999.00 482.85 Public Works 00498 09/30/96 DITCH WITCH QUICK REVERSE MISSILE 6,114.00 - Sewer Collection00882 09/27/01 BLOWER (PORTABLE) AND VENT HOSE 887.25 - Sewer Treatmen00368 12/31/96 CHLORINE TESTER 305.00 - Sewer Treatmen00369 04/30/97 MINOLTA COPIER (1/3 COST)BARN 841.00 - Sewer Treatmen00366 08/31/97 RECORDING EQUIPMENT (1/3 COST) 1,610.00 - Sewer Treatmen00774 11/19/98 PH METER 600.00 - Sewer Treatmen00775 02/25/99 GAS DETECTOR 1,496.00 - Solid Waste 00364 04/30/97 MINOLTA COPIER (PARTIAL COST) BARN 841.00 - Solid Waste 00372 08/31/97 RECORDING EQUIPMENT 201.00 - Util Adm 00298 07/31/88 VCR - (HOUSED @ FIRE DEPT) 180.00 - Util Adm 00297 07/31/88 TV - FIRE DEPT 237.00 - Util Adm 00320 02/28/96 DESK - TES 465.00 - Util Adm 00236 01/31/98 OFFICE BACKUP - JRB 128.00 - Util Adm 00246 01/31/98 OFFICE/WINDOWS 95/SOFTWARE 605.00 - Util Adm 00240 04/30/98 PRINTER - HP LJ 4000 @ CITY HALL 1,765.00 - Util Adm 00068 05/04/99 DK40 TELEPHONE SYSTEM 5,383.00 - Util Adm 00930 01/11/02 HP PRINTER P&Z (TSUMMERS) 1,228.00 - Util Adm 00931 01/11/02 COMPAQ COMPUTER VLDG DEPT (MR BOB) 1,048.00 - Util Adm 10835 01/31/02 BUTLER-COMPUTER/MICRO/CENTER INC/ 366757 2,276.00 - Util Adm 00979 06/01/03 COMPAQ EVO D510 (BLDG DEPT)S HOLCOMB 1,048.00 - Util Adm 10323 02/21/06 TOSHIBA ESTUDIO 352 COPIER 5,279.05 - Water 00333 01/31/97 IBM LEXMARK TYPERWITER - JRB 465.00 - Water 00334 04/30/97 MINOLTA COPIER (1/3 COST) BARN 841.00 - Water 00932 01/16/02 PRESSURE WASHER 650.00 -

Total 432,475.80 23,691.39