CITY OF BELLEVIEW

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CITY OF BELLEVIEW REGULAR COMMISSION MEETING AGENDA _______________________________________ In accordance with the Americans with Disabilities Act, persons needing assistance in any of these proceedings should contact the City Clerk’s Office at least 48 hours prior to the meeting: 5343 SE Abshier Blvd. Belleview, FL 34420 (352-245-7021 Ext. 2109) BELLEVIEW CITY HALL Mayor CHRISTINE K. DOBKOWSKI Commission Room Seat 1 MICHAEL J. GOLDMAN Seat 2 GARY W. ERNST 5/7/2019 Seat 3 RONALD T. LIVSEY 6:00 PM Seat 4 ROBERT “BO” SMITH CALL TO ORDER MOMENT OF SILENT PRAYER/ PLEDGE OF ALLEGIANCE COMMISSIONER ERNST 1. 2. 3. 4. 5. 6 7. APPROVAL OF MINUTES: 4/16/2019 Meeting (Pg. 2) PUBLIC HEARING: First Reading of Ordinance 2019-10 Cemetery Code (Pg. 5) PUBLIC HEARING: Resolution 19-08 Marion County Belleview Sports Complex (Pg. 16) PROCLAMATION: a) Motorcycle Safety (Pg. 20) b) Police Week (Pg. 22) c) Clerks Week (Pg. 24) PUBLIC REQUEST: Mary Hendijani (Pg. 26) GENERAL GOVERNMENT REQUIRING APPROVALS a) Proposed Resolution for Cemetery Fees (Pg. 29) b) Urban County CDBG Status Inclusion (Pg. 33) c) Autumn Glen Developers Agreement (Pg. 36) d) PW Department Re-Structure (Pg. 48) UNSCHEDULED AUDIENCE/COMMENTS (Pg. 51) 8. PRESENTATION OF STAFF REPORTS: a. City Clerk b. Development Services Director c. Finance Director d. Public Works Director: e. Police Department f. Information Technology Director g. Legal h. Administrator 9. COMMISSION COMMENTS: 1

Transcript of CITY OF BELLEVIEW

CITY OF BELLEVIEW

REGULAR COMMISSION MEETING

AGENDA

_______________________________________

In accordance with the Americans with Disabilities Act, persons needing assistance in any of these proceedings should contact the City Clerk’s Office at least 48 hours prior to the meeting: 5343 SE Abshier Blvd. Belleview, FL 34420 (352-245-7021 Ext. 2109)

BELLEVIEW CITY HALL Mayor CHRISTINE K. DOBKOWSKI

Commission Room Seat 1 MICHAEL J. GOLDMAN

Seat 2 GARY W. ERNST

5/7/2019 Seat 3 RONALD T. LIVSEY

6:00 PM Seat 4 ROBERT “BO” SMITH

CALL TO ORDER

MOMENT OF SILENT PRAYER/ PLEDGE OF ALLEGIANCE – COMMISSIONER ERNST

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APPROVAL OF MINUTES: 4/16/2019 Meeting (Pg. 2)

PUBLIC HEARING: First Reading of Ordinance 2019-10 Cemetery Code (Pg. 5)

PUBLIC HEARING: Resolution 19-08 Marion County Belleview Sports Complex (Pg. 16)

PROCLAMATION: a) Motorcycle Safety (Pg. 20)b) Police Week (Pg. 22)

c) Clerks Week (Pg. 24)

PUBLIC REQUEST: Mary Hendijani (Pg. 26)

GENERAL GOVERNMENT REQUIRING APPROVALS

a) Proposed Resolution for Cemetery Fees (Pg. 29)

b) Urban County CDBG Status – Inclusion (Pg. 33)

c) Autumn Glen Developer’s Agreement (Pg. 36)

d) PW Department Re-Structure (Pg. 48)

UNSCHEDULED AUDIENCE/COMMENTS (Pg. 51)

8. PRESENTATION OF STAFF REPORTS:

a. City Clerk

b. Development Services Director

c. Finance Director

d. Public Works Director:

e. Police Department

f. Information Technology Director

g. Legal

h. Administrator

9. COMMISSION COMMENTS:

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CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORM

DATE OF MEETING: May 7, 2019

APPROVAL OF MINUTES: April 16, 2019 Meeting

PRESENTING PARTY: Mayor Dobkowski

ATTACHMENTS: Minutes

STAFF RECOMMENDATION: Approve Minutes or Approve As Amended

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CITY OF BELLEVIEW COMMISSION MINUTES ____________________________ BELLEVIEW PUBLIC WORKS Mayor CHRISTINE K. DOBKOWSKI CONFERENCE ROOM Seat 1 MICHAEL J. GOLDMAN Seat 2 GARY W. ERNST April 16, 2019 Seat 3 RONALD T. LIVSEY 6:00 PM Seat 4 ROBERT “BO” SMITH

PRESENT: MAYOR DOBKOWSKI; COMMISSISONERS: SMITH; LIVSEY; ERNST; GOLDMAN; PWD PHILLIPS; DSD CHANCEY, CHIEF HOLLAND; ITD TOWNE; FD STRAUSBAUGH; ATTORNEY LANDT; CITY ADMINISTRATOR McKAMEY; CITY CLERK DeGENNARO

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APPROVAL OF MINUTES: 4/2/2019 Meeting Motion made by Commissioner Ernst to approve the Minutes; Seconded by Commissioner Smith. Motion was unanimously approved by a roll call vote. GENERAL GOVERNMENT REQUIRING APPROVALS

a) MCSB SRO Cooperative Agreement. Chief Holland stated the Marion County School Board approved an extension of the School Resource Officer agreement for an additional three years. Mayor Dobkowski stated this was a public hearing and asked if anyone in the audience had any comments. No one came forward. Motion made by Commissioner Goldman to approve the Cooperative Agreement; Seconded by Commissioner Ernst. Motion was unanimously approved by a roll call vote.

b) Lake Lillian Playground Equipment Lezli Merritt, PW Executive Assistant, stated the master plan for the Lake Lillian Park included taking down the old playground equipment and installing a new playground next to the Splash Pad. Attorney Landt approved “Piggybacking” on the Lanier Plans, Inc. DBA KorKat contract from Osceola County and the total expense would be $60,351.00 which was a budgeted item with funding from the Parks and Recreation Impact Fees. Mayor Dobkowski stated this was a public hearing and asked if anyone in the audience had any comments. No one came forward. Motion made by Commissioner Goldman to approve the KorKat contract; Seconded by Commissioner Ernst. Motion was unanimously approved by a roll call vote. UNSCHEDULED AUDIENCE/COMMENTS: N/A PRESENTATION OF STAFF REPORTS a)City Clerk: N/A b)DEVELOPMENT SERVICES: N/A

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c)FINANCE: March 2019 Financial Report: FD Strausbaugh gave a brief review of the Financial Report. d) PW DEPARTMENT: PWD Phillips stated there were 331 water meters replaced. e) POLICE DEPARTMENT: N/A f) IT DEPARTMENT: N/A g) LEGAL: N/A h) CITY ADMINISTRATOR: stated the budget meeting set for 4/24/2019 was cancelled and rescheduled for 7/8/2019. COMMISSION COMMENTS:

a) Commissioner Goldman: asked about directing citizens to donate funds to help rebuild the Notre-Dame Cathedral in Paris, France. Mayor Dobkowski stated she would check with St. Theresa’s Church to see if they had anything set up for donations.

b) Commissioner Smith: discussed the Fishing tournament.

c) Commissioner Ernst: stated there were 135 kids who participated in the Fishing Tournament and the winner caught a 20” Bass.

d) Legal: Attorney Landt stated the porta-potty at the Fishing Tournament needed to be more serviceable.

e) Commissioner Livsey: N/A

f) Mayor Dobkowski thanked everyone who helped with the Fishing Tournament.

Meeting was adjourned at 6:10 PM Attest: _______________________________ Margaret DeGennaro MMC, CPS City Clerk

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THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORUM DATE OF MEETING EXPLANATION OF AGENDA ITEM PUBLIC HEARING: FIRST READING

ORD 2019-10 Chapter 30 Cemetery Code Changes

PRESENTING PARTY City Administrator, Sandi McKamey BACKGROUND/EXPLANATION Ordinance 2019-10 changes and updates the

Cemetery Code as discussed with the City Commission on March 5, 2019.

a. Public Comments b. City Commission Comments

ATTACHMENTS 1.Ordinance 2019-10

RECOMMENDED ACTIONS Motion to approve the first reading of Ordinance 2019-10

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Ordinance 2019-10 Chapter 30 – Cemetery Code Revision Page 1 of 10

ORDINANCE 2019-10

AN ORDINANCE AMENDING CHAPTER 30 REGARDING CITY CEMETERIES; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FUND FOR MAINTENANCE AND IMPROVEMENT; PROVIDING FOR PROHIBITIONS; PROVIDING FOR RULES AND PROCEDURES; ACKNOWLEDGING NO PERPETUAL CARE; PROVIDING FOR PURCHASE OF INTERMENT RIGHT; PROHIBITING RESALE; ESTABLISHING REGULATIONS REGARDING BURIAL SITES AND USE OF CITY CEMETERIES; RESERVING CERTAIN RIGHTS TO CITY; PROVIDNG FOR MARKING, OPENING AND CLOSING GRAVES; PROVIDING FOR MONUMENTS AND MARKERS; PROVIDING FOR FEES; PRODIVDING FOR REFUND; PROVIDING FOR DISCLAIMER OF LIABILITY AND RESPONSIBILITY; PROVIDING FOR CORRECTION OF ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.

Whereas, the City of Belleview owns City Cemeteries which are comprised of three sections, namely Section 1 (“old cemetery”), Section 2 (Unit 1 and Unit 2) and Section 3 (Unit 3 and Unit 4); and Whereas, the City Commission finds it in the best interest of the public welfare to adopt the following ordinance to protect the public welfare and rights of others owning burial rights in the City Cemeteries and the rights of their families and loved ones; and Whereas, the City Commission finds it in the best interest of the Public Welfare to adopt the following ordinance to administer, regulate, maintain and operate the City’s Cemeteries.

NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of

Belleview as follows:

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein, but need not be set forth in the City Code. Section 2. Chapter 30 of the City Code, is hereby amended to read as follows:

“Chapter 30 - CITY CEMETERIES

Sec. 30-1. Title.

This chapter shall be known and may be cited as the "City of Belleview Cemeteries Ordinance."

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Sec. 30-2. Definitions.

For the purpose of this chapter, unless the context indicates otherwise, the following words and terms shall have the meanings ascribed to them in this section:

Bury to deposit human remains in the ground. Burial shall mean the ritual of placing human remains or cremated remains in a grave; see

also interment. Care and maintenance shall mean the process of keeping a cemetery and its lots, graves,

grounds, landscaping, roads, paths, parking lots, fences, vaults, crypts, utilities, and other improvements, structures, and embellishments in a cared-for and dignified condition, so that the City’s Cemeteries do not become a nuisance or place of reproach and desolation in the community.

Casket shall mean a container designed to encase human remains for burial; caskets can be constructed of various materials including steel, stainless steel, copper, bronze and/or wood; see also coffin.

Cemetery shall mean an area of ground set aside for burial or entombment of human remains and cremated remains.

Certificate for Right of Interment shall mean the written document memorializing the purchase of a right to inter human remains in a specific grave site in the City Cemetery (sometimes previously referred to as a “deed” or “cemetery deed”).

City shall mean the City of Belleview City Cemetery shall mean a cemetery that the City: (a) owns; or (b) maintains and secures

pursuant to F.S. § 497.284. Coffin shall mean a six-sided container designed to encase human remains, usually

constructed of wood; see also casket.

Cremated remains (sometimes referred to as “cremains”) shall mean the remains of a human body after cremation, comprised of ash and bone fragments.

Crypt shall mean a space in a mausoleum or in the ground where lawn crypts are placed to entomb casketed human remains or inurned cremated remains.

Grave shall mean an excavation in the earth for the purpose of burying human remains or cremated remains; see Interment.

Human remains shall mean the body of a deceased human person for which a death certificate or fetal death certificate is required and includes the body in any stage of decomposition.

Interment shall mean the placement of human remains or cremated remains in a grave (sometimes referred to as “burial or burying”).

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Interment right shall mean the right of all owners to use City Cemetery grounds for the interment of human remains or cremated remains. This interment right belongs to the owner of the internment right within a specific plot, and is subject to the rules and regulations contained in this chapter.

Inurnment shall mean the placement of cremated remains in an urn. Lot shall mean the single cemetery space where interment or burial of human remains or

cremated remains is located in the City Cemeteries. (Sometimes referred to as a “grave site”); May be described by lot or space and block designation.

Lot owner shall mean the owner of burial interment rights within a cemetery lot. Mausoleum shall mean a public or private building with crypts for the entombment of

casketed remains or cremated remains. Marker shall mean any memorial stone complying with the requirements of this chapter

lying flat on the ground, generally set flush with the level of the turf. Marking shall mean indicating the appropriate spot for interment or for placement of a

marker or monument in or upon a cemetery lot.

Monument shall be typically made of granite, monuments can take on various forms; they are engraved with the names of the deceased and dates of birth and death; depending on size of the stone, other dates, names, sayings, poems, etc. may be included. A monument is sometimes called a headstone, tombstone or gravestone and placed at the “head” or top of the gravesite.

Urn shall mean a container designed to hold cremated remains. Urns can be made of wood, metal, glass or other natural materials.

Sec 30-3. Cemetery maintenance and improvement fund.

There shall be a fund created and known as the cemetery maintenance and improvement fund. Twenty percent of all receipts from the sale of gravesites, together with all gifts, grants or receipts from other sources in connection with the operation of the City Cemetery shall be placed in a fund to be known as the cemetery maintenance and improvement fund, which fund shall be used for the repair, maintenance and improvement of the City’s cemeteries.

The City Commission shall be responsible for the allocation of these funds through their normal budget and budget amendment procedures.

Sec. 30-4. Prohibition of burial

(a) It shall be unlawful for any person to bury or dispose of human remains within the City, except in accordance with the provisions of this chapter. (b) All burials or interments of human remains within the City shall be in a cemetery owned by the City or in a cemetery which is duly licensed pursuant to F.S. Ch. 497. (c) No human remains shall be interred in any cemetery owned by the City except upon the purchase of a Certificate for Right of Interment.

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Sec. 30-5. Authority of City Administrator to make and enforce regulations.

The City Administrator shall have charge of the City cemetery with authority to enforce this chapter or other applicable ordinance, rules and regulations relating to the cemetery. The City Administrator is authorized to make, carry out and enforce suitable rules and regulations for the operation and care and maintenance of the City cemeteries not consistent with this chapter. Additionally, the City Administrator will establish appropriate processes necessary to effectuate or enforce said cemetery rules and regulations.

Sec. 30-6. City cemeteries.

The three Sections of the City Cemeteries are known as follows: (a) Cemetery I (also referred to as the “old cemetery”); (b) Cemetery II which is comprised of Unit 1 and Unit 2; (c) Cemetery III which is comprised of Unit 3 and 4.

Sec. 30-07. No Perpetual Care. The City cemeteries do not have perpetual care and the City shall be under no obligation to

maintain any set standard for its care and upkeep. The City shall not be responsible for the repair, reinstallation or to otherwise correct any monument, marker or headstone that falls into disrepair either through natural events, mischief or vandalism. The City shall endeavor to provide general maintenance and care to the cemetery in keeping with the remainder that it is sacredly devoted to the interment, entombment or inurnment of the dead.

Sec. 30-08. Purchase of interment rights.

(a) The purchase of a right of interment shall be memorialized by issuing the purchaser a Certificate for Right of Interment. Such Certificate shall entitle the purchaser to bury or dispose of the purchaser's human remains or cremated remains, or the human remains or cremated remains of any natural person within the purchaser's immediate family, in a cemetery owned by the City. The right of interment shall be limited to the particular burial space set forth in the document conferring the right. The right of interment shall not be construed as conveying any interest in the real property upon which or in which human remains or cremated remains may be buried or disposed, nor shall it be construed as granting the owner thereof any rights other than those specifically granted by this chapter.

(b) The Fees for purchase of a Certificate for Right of Interment

(c) No cemetery lot/space shall be utilized and no burial shall be authorized unless and until fee for the right of interment is paid in full. (d) The City shall issue the right of interment to any person who pays the appropriate fee as set forth in appendix “B”, table 1, "administrative fees" (e) The right of interment shall be sold for a particular burial space that allows for only one of the following:

(1) One (1) Casket with human remains

(2) One or two (1 or 2) urn(s) with cremated remains

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(3) One (1) Casket with human remains and One (1) Urn with cremated remains

(f) Nothing in this section shall be construed so as to prohibit the City from selling an interment right in a burial space previously encumbered by an interment right after such previous interment right has been extinguished.

Sec. 30-09. No resale of Certificate for Right of Interment.

(a) The resale or transfer of a Certificate for Right of Interment is prohibited and the attempt to do so shall be void and of no effect.

(b) The City will repurchase the right for interment for the sum paid to the City for such right. Except, interest and administrative fees time payments are not included in any such repurchase.

Sec. 30-10. Regulations governing City cemeteries.

(a) To enable marking and opening the proposed burial site, the City shall be provided at least 48 hours’ notice before any interment or disinterment will be permitted. (b) Such notice shall be in accordance with the City’s process for requesting marking of the burial site and shall include the name and address of the deceased, the name and address of the funeral director (if applicable), the lot and block number, and the estimated time and date of interment. (c) To allow proper maintenance of the cemetery and in the best interest of the public welfare, no stepping stones, pavers, coping, curbing, fencing, hedging, borders, corner posts, roof structures or enclosures of any kind shall be permitted upon or around any lot/burial space/grave site in the City Cemeteries.

(d) No marker or monument may be placed in the Cemetery except upon the following:

(1) Payment of the appropriate fee for placement of a marker or monument as provided in Appendix B – Fees, Section 3. - Table 1.

(2) Marking of the lot or grave site for placement of the marker or monument in accordance with the City’s procedure for such marking.

(e) In order to more effectively preserve the ambiance befitting all City cemeteries and in the best interest of the public welfare, the following regulations shall govern all City cemeteries.

(1) Persons upon the cemetery grounds shall use the avenues, walks, alleys, and roads exclusively.

(2) All persons within the cemetery are forbidden to injure any tree, shrub, landmark, burial vault, marker, memorial, or animal life, or in any way deface, litter or disturb the grounds of the cemetery.

(3) The planting of trees, plants, bushes, shrubs, flowers or similar articles on the plots (lot/space/grave site) is prohibited, and, if planted, the City may remove them.

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Cut, live, or artificial flowers may be placed on the grave or lot at any time in vases and on or around the headstone only. City personnel may remove such flowers as soon as, in their judgment, they become unsightly or diseased.

(4) No sign indicating the sale of a space, lot or plot shall be permitted within the cemetery.

(5) It is the responsibility of each owner of interment rights to keep the City informed as to the owner's correct mailing address. Notice mailed to an owner at the last address on file with the City shall be considered sufficient legal notice.

(6) In the event that the records provided to or maintained by the City do not reflect ownership of burial rights, the City may require proof thereof (including an affidavit) in form reasonably acceptable to the City.

Sec. 30-11. Alterations to land.

(a) The City expressly retains the rights to enlarge, re-plat or change the boundaries or grading of any section or portion of the cemetery from time to time, including the right to modify or change the location of or remove or regrade roads, drives, alleys, walks and paths, to plant or remove trees, shrubs or other herbage, or to add, remove, or otherwise modify any statuary or other ornamentation which may be installed in the cemetery. Furthermore:

(1) The City expressly reserves the right to lay, maintain and operate pipelines, gutters, drainage ways, paths, roads walkways or alleys as it may, in its sole discretion, deem appropriate. (2) The City further reserves the right to install or remove sprinkling systems, drainage structures, and other facilities. (3) The City further reserves the perpetual right of ingress and egress over burial spaces for the purpose of passage to and from other burial spaces or for any other purpose necessary.

(b) It shall be unlawful for any person, except for City workers in the performance of their duties, or contractors designated by the City to perform any work in the City Cemeteries without having previously obtained a “Business Tax Receipt” permit for such work. (c) The City expressly reserves the right to use any burial space for purposes necessary to the management or operation of the City Cemeteries, including, but not limited to, the right of passing over, passing machinery over, standing or otherwise occupying the surface of such lot.

Sec. 30-12. Conduct in cemeteries.

(a) The City Cemeteries will be open to visitors at all times between sunrise and sunset. The City Administrator may order City cemeteries closed during an emergency. (b) No person shall break or injure any tree or shrub, pick any wild or cultivated flowers or mar any landmark, marker, or memorial or in any way deface the grounds of the cemetery. (c) No boxes, shells, toys discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, lot or tree.

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(d) Persons within City Cemetery grounds shall use only the established avenues, walkways and roads, and are forbidden to trespass on cemetery lots. (e) No person shall throw rubbish or debris on walks, drives or any part of City Cemetery grounds. (f) No loud talking shall be permitted on City Cemetery grounds within hearing distance of funeral services. (g) Any person found on the grounds after dark will be considered a trespasser. (h) All orders, inquiries and complaints by visitors or owners must be reported to the City via City Hall-Cemetery oversight staff.

Sec. 30-13. Motor vehicles in cemeteries.

(a) Motor vehicles shall not be driven through the City Cemetery grounds at a speed more than 15 miles per hour. (b) Motor vehicles shall not be parked in front of an open grave unless the occupants of such vehicles are in attendance at a funeral. (c) The City traffic laws shall be applicable to the operation of motor vehicles in the City Cemetery.

Sec. 30-14. Opening and closing of graves.

The opening and closing of all graves in the City Cemeteries shall be prohibited unless the City has been previously notified in writing by the party responsible for handling the burial or the funeral arrangements. The City will not open or close any gravesites.

Sec. 30-15. Interment.

(a) After each interment, burial spaces in the earth shall be filled, thoroughly tamped, and sod replaced with the top of the grave left even with the surrounding grade of the cemetery. (b) All waste shall be removed from the City Cemetery or placed in an approved location as designated by the City. (c) No dirt or fill material shall be added or removed from the City Cemetery without the express direction of the City Administrator. (d) This section shall not prohibit the City from selling an interment right in a burial space previously encumbered by an interment right if the previous interment right has been extinguished. (e) No burial space may be mounded.

Sec. 30.16. Grave opening for Burial

(a) No person shall open a burial space within any cemetery owned by the City without first receiving permission from the City to do so. The City shall issue a grave opening permit to any person who: (1) Presents to the City a valid Certificate for Right of Interment;

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(2) Provides the City with a written request for the issuance of the grave opening for burial in accordance with the City’s submittal processes. (3) Pays the appropriate fee(s). (b) The City shall not be responsible for, nor shall it perform, any grave opening or closing for the burial of human remains, including cremated remains. (1) All human remains, including cremated remains shall be interred in a vault which shall be installed at the time of grave opening. (c) A burial space in which human remains have been interred may be partially opened to allow the interment of cremated remains in accordance with Sec. 30-6 (c) of this code. In no other instance shall a City-owned burial space in which human remains, including cremated remains have been interred be opened. (d) Notwithstanding any other provision of this section, a court of competent jurisdiction may order the opening of a City owned burial space in which remains or cremains have been interred.

Sec. 30.17. Monuments & Markers

(a) Mausoleums shall not be installed or constructed within any cemetery owned by the City. (b) A monument may be installed upon a burial space located within a cemetery owned by the City subject to the following restrictions:

(1) No copings or cribs may be installed or constructed; (2) Monuments identifying individual burial spaces may be headstones or slabs, or a combination thereof, however, no slab may exceed six inches in height, and no headstone may exceed 48" in height; (3) Monuments shall be constructed of either granite or marble

(4) Flat, grass-level markers shall be constructed of either granite, marble or bronze

(5) Only one or a single monument or marker per cemetery space/lot/grave site is allowed and that monument/marker shall be placed at the “head” or top of the cemetery space/lot/grave site.

(c) No person shall install a monument within any cemetery owned by the City without first receiving permission from the City to do so. The City shall issue a monument installation permit to any person who:

(1) Presents to the City a valid Certificate for Right of Interment; (2) Provides the City with a written request for the issuance of the monument installation per the City’s submittal processes; and (3) Pays the appropriate fee(s).

(d) The City shall not be responsible for, nor shall it perform, any monument installation or repair. All monument installation and repair within the City shall be performed by and under the supervision of a licensed monument installer.

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(e) Veterans markers provided by the U.S. Department of Veterans Affairs Administration may be placed at the foot or bottom of a gravesite if a headstone is placed at the head or top of a gravesite. Sec. 30.18. Administrative Fees.

In order to maintain the City cemeteries, the City Commission may authorize fees for processes, purchases and administrative purposes. These fees are found in the Appendix B-Fees portion of the Code of Ordinances of the City of Belleview, Florida.

Sec. 30.19. Transferability.

Except for within the holder of the interment right’s family, rights of interment issued hereunder are nontransferable. However, any person owning a right of interment who desires to dispose of the right of interment may return the right of interment to the City whereupon the right of interment will be cancelled and the City will refund the original purchase price of the right of interment.

Sec. 30-20. Liability disclaimer.

The City shall not be liable for errors or damages, which may occur because of telephone instructions from owners of burial rights or their legal representatives, or from funeral directors, acting on behalf of such owners or representatives. The City disclaims all responsibility for loss or damage caused by flooding, fire, windstorm, or other causes deemed an Act of God, a common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral. The City has the right without prior approval of the burial rights owner or its legal representative to perform necessary maintenance tasks and to correct errors made in good faith, in any phase of cemetery administration, operation or maintenance without incurring liability of any kind whatsoever or the City was not provided with complete records of the cemeteries that the City maintains pursuant to F.S. § 497.284, and disclaims any liability arising therefrom.

Sec. 30.21. Responsibility disclaimer.

The City shall not be responsible for determining the identity of the body sought to be interred, or for preparing or embalming the body, or for providing a casket or other items necessary for interment.

Sec. 30.22. Errors.

(a) The City shall further have the right to correct errors in the description, transfer or conveyance of any burial space, either by canceling such conveyance and substituting and conveying in lieu thereof other burials space of equal value and similar location as far as reasonably possible. (b) In the event the error shall involve the interment of human remains or cremated remains of any person in such space, the City reserves and shall have the right to remove and re-inter the

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remains to such other space of equal value and similar location as may be substituted and conveyed in lieu thereof.”

Section 3. Conflicts. In the event that the provisions of this ordinance are in conf1ict with any other ordinance, then the provisions of this Ordinance shall prevail.

Section 4. Saving Clause. If any section, sentence, provision or phrase of this Ordinance is held to be Invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. BE IT FURTHER ORDAINED by the City Commission of the City of Belleview, Florida that Sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section", "article" or other appropriate designation. BE IT FURTHER ORDAINED that this Ordinance shall become effective immediately upon adoption.

CERTIFICATE OF ADOPTION AND APPROVAL

The above and foregoing ordinance was duly read and approved upon First Reading by a ____ to ____ vote of the City Commission of the City of Belleview, Florida, at a Regular Meeting held on the _____ day of ____________________, 2019. Said ordinance was duly read, passed, and adopted upon Final Reading by a ____ to _____ vote of the City Commission of the City of Belleview, Florida at a Public Hearing held on the ______ day of ___________________, 2019. ____________________________________ CHRISTINE K. DOBKOWSKI Mayor/Commissioner Attest: ________________________________ MARGARET DeGENNARO, MMC, CPS City Clerk Approved As To Form And Legality: ________________________________ FREDERICK E. LANDT, III City Attorney

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CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORUM DATE OF MEETING EXPLANATION OF AGENDA ITEM PUBLIC HEARING: RES 19-08

Marion County Improvements to Belleview Sports Complex.

PRESENTING PARTY City Administrator, Sandi McKamey BACKGROUND/EXPLANATION Commission approved and directed the City

to enter into an interlocal agreement with Marion County and forward $50,000 to MC for Capital Improvements to the Belleview Sports Complex using remaining Belleview Sports Complex Reserves.

a. Public Comments b. City Commission Comments

ATTACHMENTS 1.Resolution 19-08 2.Budget Resolution explanation form

RECOMMENDED ACTIONS Motion to approve Resolution 19-08 as presented.

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Resolution 19-08 MC Improvements to Belleview Sports Complex Page 1 of 2

RESOLUTION 19-08

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BELLEVIEW, AMENDING THE 2019 FY BUDGET TO INLCUDE PAYMENT TO MARION COUNTY FOR CAPITAL IMPROVEMENTS TO THE BELLEVIEW SPORTS COMPLEX USING DESIGNATED RESERVES.

WHEREAS, the City has an agreement with Marion County for maintenance of the Belleview Sports Complex; and WHEREAS, the City had reserve funds specifically designated to spend on the Belleview Sports Complex; and WHEREAS, the City Commission directed and approved an agreement with Marion County for improvements to the Belleview Sports Complex and directed these improvements be funded using these reserves; and WHEREAS, the City and Marion County entered into an interlocal agreement to spend $50,000 on these improvements and this cost is not in the adopted 2019 fiscal year budget, therefore needs to be included in the 2019 fiscal year budget. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BELLEVIEW, FLORIDA, that the Fiscal Year 2018-2019 budget be amended to reflect an increase of Fifty Thousand and 00/100 dollars ($50,000.00) as revenue from Cash Balance Forward-General Restricted and Fifty Thousand and 00/100 dollars ($50,000.00) as expense from Commission Other Expenses, as set forth below:

This resolution shall take effect immediately upon adoption. PASSED AND RESOLVED by a _______ vote of the City Commission of the City of Belleview, Florida this 7th day of May, 2019. CHRISTINE DOBKOWSKI

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Resolution 19-08 MC Improvements to Belleview Sports Complex Page 2 of 2

Mayor/Commissioner ATTEST: MARGARET DeGENNARO, MMC, CPS City Clerk

CERTIFICATE OF POSTING I HEREBY CERTIFY that a copy of the foregoing Resolution was posted and available for public review in our on-line agenda packet prior to the Commission meeting in accordance with City policy. MARGARET DeGENNARO, MMC, CPS City Clerk

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Requesting Department:

Fund:

Meeting Date: 5/7/2019

Reason for Budget Amendment:

Amending Action:

Account Account Rev Change

Number(S) Description Exp $ Increase

$ (Decrease)

01-00-381505 Cash Balance Fwd-Genl Restricted Rev 50,000.00$

01-11-504900 Commission Other Expense Exp 50,000.00$

Reviewed by

City Administrator: Yes

Finance Director Yes

Commission ApprovalMove

Second

Vote

Budget Amendment to pay $50,000 to Marion County for improvments to

the Belleview Sports Complex per an interlocal agreement. The Funds are

coming from reserves and will remove the Sports Complex Fund Balance

total.

Finance

REQUEST FOR AN AMENDMENT TO THE 2019 FY BUDGET

General Fund

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THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON

AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN

ALLOWED FOR REVIEW OF DOCUMENTATION

CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORM

DATE OF MEETING: May 7, 2019

PROCLAMATION:

PRESENTING PARTY:

Motorcycle Safety Awareness Month

Mayor Dobkowski

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PROCLAMATION WHEREAS, Florida’s growing population makes motorcycle safety an

important issue for all drivers; and WHEREAS, over 1.1 million drivers in Florida have a motorcycle

endorsement on their driver license; and WHEREAS, May 2019 is being commemorated as Motorcycle Safety

Awareness Month; and WHEREAS, Motorcycles can easily be hidden in traffic; therefore; it

is important for motorists to always be aware of their surroundings; and WHEREAS, to keep everyone safe on Florida’s roadways,

motorcyclists and motorists must be vigilant in their efforts to share the road; NOW, THEREFORE, I, Christine Dobkowski, Mayor/Commissioner of the

City of Belleview, Florida, on behalf of the Commission of the City of Belleview, do hereby proclaim the month of May 2019 in the City of Belleview as Motorcycle Safety Awareness Month

PROCLAIMED this 7th day of May 2019.

___________________________________ CHRISTINE K. DOBKOWSKI Mayor/Commissioner

ATTEST:

______________________________ Margaret DeGennaro, MMC, CPS City Clerk

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THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON

AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN

ALLOWED FOR REVIEW OF DOCUMENTATION

CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORM

DATE OF MEETING:

PROCLAMATION:

PRESENTING PARTY:

May 7, 2019

Police Week

Mayor Dobkowski

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PROCLAMATION

WHEREAS, the Law Enforcement Officers are our guardians of life and

property, defenders of the individual right to be free men and women, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness; and

WHEREAS, peace officers make it possible for us to leave our homes and family in safety each day and to return to our homes knowing we are protected by men and women willing to sacrifice their lives, if necessary, to guard our loved ones, property, and government against all who would violate the law; and

WHEREAS, it is known that every fifty-seven hours an American police officer will be killed in the line of duty somewhere in the United States and 136 officers will be seriously assaulted in the performance of their duties; our community joins with other cities and towns to honor all peace officers everywhere; and

WHEREAS, The Congress of the United States of America has designated the week of May 15th to be dedicated as National Police Week; and May 15th to be Peace Officers Memorial Day.

NOW, THEREFORE, I, Christine K. Dobkowski, Mayor/Commissioner of the City of Belleview on behalf of the Commission of the City of Belleview, do hereby proclaim the week of May 12, 2019 to May 19, 2019 to be POLICE WEEK

in the City of Belleview and call upon our citizens to show our sincere appreciation for the police officers of this City by deed, remark and attitude.

PROCLAIMED this 7th day of May 2019. _________________________ CHRISTINE K. DOBKOWSKI Attest: Mayor/Commissioner ________________________________ MARGARET DeGENNARO, MMC, CPS City Clerk

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THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON

AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN

ALLOWED FOR REVIEW OF DOCUMENTATION

CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORM

DATE OF MEETING:

PROCLAMATION:

PRESENTING PARTY:

May 7, 2019

Clerks Week

Mayor Dobkowski

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PROCLAMATION

WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government, exists throughout the world; and

WHEREAS, the Office of the Municipal Clerk is the oldest among public servants.

In May the Municipal Clerks Week, Sunday, May 5 through Saturday, May 11, 2019 is celebrating its 50th Anniversary.

WHEREAS, The Municipal Clerks Week was initiated in 1969 by IIMC and

endorsed by all of its members throughout the United States, Canada and 15 other countries. May 5 through May 11, 2019 is a time for celebration and reflection on the importance of the Clerk's office. In 1984, President Ronald Reagan signed a proclamation that officially declared Municipal Clerks Week the first full week of May. In 1994 and 1996, President Bill Clinton also signed proclamations confirming Municipal Clerks Week.

WHEREAS, the Office of the Municipal Clerk provides the professional link

between the citizens, the local governing bodies and agencies of government at other levels; and

WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and;

WHEREAS, it is important to recognize the accomplishments of the Belleview Municipal Clerk’s Office which serves as council’s foundation and the information center on functions of local government and community; and

WHEREAS, it is most appropriate that we recognize the accomplishments of the

Office of the Municipal Clerk.

NOW, THEREFORE, I, Christine K. Dobkowski, Mayor/Commissioner of the City of Belleview, on behalf of the Commission of the City of Belleview, do hereby proclaim the week of May 5, 2019 through May 11, 2019 as:

MUNICIPAL CLERKS WEEK in the City of Belleview and call upon our citizens to show their sincere appreciation for the vital services they perform and their exemplary dedication to the communities they represent.

PROCLAIMED this 7th day of May 2019. _________________________ CHRISTINE K. DOBKOWSKI Attest: Mayor/Commissioner ________________________________ MARGARET DeGENNARO, MMC, CPS City Clerk

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CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORUM

DATE OF MEETING May 7, 2019 EXPLANATION

AGENDA ITEM Mary Hendijani

DISCUSSION Lake Weir Gardens Neighborhood Special Request

Regarding: “Fish Games”

Attachments: Get on the Agenda Form dated 4/25/2019

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From: [email protected] <[email protected]>

Sent: Thursday, April 25, 2019 3:45 PM

To: Peggy DeGennaro <[email protected]>; Sandi McKamey <[email protected]>; Penny Byrd <[email protected]>

Subject: Online Form Submittal: Get on the Agenda Request Form

Get on the Agenda Request Form

First Name Mary

Last Name Hendijani

Phone Number 3522369770

Email Address [email protected]

Subject of Topic Lake Weir Gardens Neighborhood Special Request

Description Many neighbors in Lake Weir Gardens (unincorporated) are quite concerned about the impact of the "Fish Games" , a business at 441 and 119th Place (City of Belleview, incorporated) in our neighborhood. Our neighborhood is in unincorporated Marion County. Fish Games is in the city of Belleview. However, our county public school bus stop is located AT The Fish Games. Our children have found syringes (pictures available) in front of Fish Games while walking to or from their bus stop, speeders tear out of the parking lot regularly, and there are many loiters and strange people walking in the neighborhood (late hours). We understand that there is a right to do business and that business has been approved by this council. HOWEVER - we would like to petition for at least a limit on their hours of operation. We would like to suggest 10 am until 11 pm. As it stands now, they are 24/7. We also would like a NO LOITERING sign placed facing the back parking lot (which borders our neighborhood). This should cut down considerably on prowlers, loiters, and suspicious parking lot activity. As well as reduce the noises that are heard late at night and in the early morning hours.

Commission Meeting Date 5/7/2019

Name of Person Attending Meeting Mary Hendijani

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THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORUM

DATE OF MEETING May 7, 2019

EXPLANATION OF AGENDA ITEM Review of proposed Resolution for Cemetery Fees

PRESENTING PARTY City Administrator, Sandi McKamey

BACKGROUND/EXPLANATION Commission discussion at the March 5, 2019 Commission meeting deemed a change to cemetery fees would be considered. This resolution provides the fee changes that include a different fee for residents from non-residents. After this review this Resolution will be advertised for the May 21, 2019 Commission meeting.

a. Public Commentsb. City Commission Comments

ATTACHMENTS 1. Proposed Cemetery Fee Resolution2. Current Cemetery Fees

RECOMMENDED ACTIONS Direction to proceed with Advertising Resolution to change Cemetery Fees

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Resolution 19-XX Cemetery Fees Page 1 of 2

RESOLUTION 19-XX

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BELLEVIEW, FLORIDA AMENDING APPENDIX 1, SECTION 3, TABLE 1 OF THE CITY CODE OF ORDINANCES ESTABLISHING FEES FOR INTERRMENT IN THE CITY’S CEMETERY; PROVIDNG FEES FOR MARKING; PROVIDING FOR TIME PAYMENT; PROVIDING FOR ADMINISTRATIVE FEES; AND PROVIDING FOR AN EFFECTIVE DATE .

WHEREAS, the City Commission of the City of Belleview owns and operates a cemetery (herein sometimes referred to as the “Cemetery”); and

WHEREAS, Chapter 30, Section 30-2 and Section 30-9(f) provide for certain fees regarding the Cemetery; and WHEREAS, the City Commission of Belleview, Florida finds it is in the public interest to increase Cemetery fees, as set forth hereinafter, to meet existing needs and projected expenditures in maintaining and operating the Cemetery. NOW, THEREFORE, BE IT RESOLVED that the City Commission of Belleview, Florida hereby amends Appendix B – Fees, Section 3. - Table 1—Administrative Fees., as set forth herein-below, to be effective immediately, to wit: E. Cemetery Fees

1. Fee for Right to Inter Human Remains in City Cemetery:

a) $1,000.00 per space for decedents whose residence was inside the city limits of the City of Belleview. Proof of residency may be established by presenting a utility bill in the decedent’s name.

b) $2,000.00 per space for decedents whose residence was outside the city

limits of the City of Belleview.

2. Fee for marking: a) Marking for each burial(s) $50.00

b) Marking for Headstone $50.00

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Resolution 19-XX Cemetery Fess Page 2 of 2

3. Payment Terms for Payment Over Time*:

a) A down payment of at least ten percent (10%);

b) The balance will be payable over twelve (12) months in equal monthly installments, together with interest at the rate of twelve percent (12%) per annum;

c) An Administrative Fee of $5.00 for processing each payment made on or before the due date;

d) An Administrative Fee of $10.00 for processing each late payment.

*Note: No “Certificate for Right of Interment” shall be granted until full payment pursuant to a time payment agreement has been made.

BE IT FURTHER RESOLVED that this Resolution and the fees set forth herein shall

take effect immediately. PASSED AND RESOLVED by a vote of the City Commission of the City of

Belleview, Florida on this ______ day of _________________, 2019.

____________________________________ CHRISTINE K.DOBKOWSKI Mayor/Commissioner

ATTEST: ___________________________________ MARGARET DEGENNARO, MMC, CPS City Clerk Approved as to form and legal sufficiency for the use and benefit of the city of Belleview only: ____________________________________ FREDERICK E. LANDT, III City Attorney

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Marge Strausbaugh, Finance Director Phone (352) 233-2117 email: [email protected]

Current Fees: Section 3. Table 1.

• E. Cemetery Fees:

Cemetery Fees authorized in Chapter 30, Section 30-2 and Section 30-9(f) of the City of Belleview Code, to wit:

Cemetery Lots, per lot ..... 750.00

Cemetery Lots Installment Payments:

Cemetery lots may be sold for ten percent down with the balance payable in equal monthly installments, for one year, beginning 30 days after receipt of the down payment, with interest at the rate of 12 percent per annum, plus a $3.00 per month administrative fee.

Interest, per annum ..... 12%

Administrative Fee, per month ..... 3.00

Mausoleum Crypts ..... 800.00 (not selling – do not include)

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THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR

WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF

DOCUMENTATION

CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORUM

DATE OF MEETING May 7, 2019

EXPLANATION OF AGENDA

ITEM

Urban County CDBG Status - Inclusion

PRESENTING PARTY Sandi McKamey

City Administrator

BACKGROUND/EXPLANATION

The County is requalifying as an Urban County for the Fiscal Years 2020-2022. The

City must elect whether or not to participate with the County. If included, the City

would be ineligible to apply to the state for CDBG funds.

Presently, the City has submitted an application to Marion County CDBG funds to help

with funding the Lake Lillian Community Center.

a. Public Comments

b. City Commission Comments

ATTACHMENTS 1. MC Election Form

2. Election of City Letterhead

RECOMMENDED ACTIONS Motion to participate in the Urban County

CDBG program and direct the City

Administrator to notify Marion County and

begin working with the County on the on the

appropriate interlocal agreement.

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THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENT

CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORUMDATE OF MEETING: May 7, 2019

EXPLANATION OF AGENDA ITEM: Autumn Glen Subdivision Developer Agreement

PRESENTING PARTY: Shawna Chancey Development Services Director

BACKGROUND/EXPLANATION: The Autumn Glen Subdivision Preliminary Plan was first presented to the Commission in November 2007. The Commission requested that the developer add a secondary access to the plan. The plan was brought back to the Commission in December 2007 with the secondary access to be added after 50 units are in place.

This Developer Agreement reflects the changes requested by the Commission and states after 50 units the secondary access will be added extending out to Baseline Extension along the right of way. Upon approval the Developer will move forward with the platting process.

a. Public Commentsb. City Commission Comments

ATTACHMENTS: • Autumn Glen Developer Agreement as reviewed by Attorney Landt• Minutes 11/6/07• Minutes 12/18/07• Autumn Glen Concept Plan

RECOMMENDED ACTION:

• Staff recommends approval of the Autumn Glen Developer Agreement as presented oramended.

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1

This Instrument Prepared by and Return To: W. James Gooding III Gilligan, Gooding, Franjola & Batsel, P.A. 1531 SE 36th Avenue Ocala, FL 34471 Record and Return to: City Engineer Bruce Phillips City of Belleview 5343 SE Abshier Blvd. Belleview, FL 34420

DEVELOPER AGREEMENT

THIS DEVELOPER AGREEMENT, by and between:

• AG Properties of Marion, LLC, a Florida limited liability company (“Developer”) whose address is 1736 SE 47th Avenue, Ocala, FL 34471; and

• City of Belleview, Florida, a municipal corporation of the State of Florida, whose address is 5343 Southeast Abshier Boulevard, Belleview, Florida, (“City”).

WHEREAS:

A. Developer owns a parcel of land (the “Property”), as described in the attached Exhibit A.

B. Developer prepared a plat of the Property concerning a subdivision (the “Subdivision”) named “Autumn Glen Phase 1.”

C. Developer has heretofore filed a request for approval of subdivision improvements (the “Subdivision Improvements”) within the Subdivision.

D. All supporting certified test results and letter of certification have been received and approved by the City Engineer.

E. As a condition precedent to the acceptance of the Subdivision Improvements by City, Sections 130-18 and 130-105 of the Code of Ordinances of the City of Belleview, Florida (the “City Code”) require that City and Developer enter into a maintenance agreement in the form prescribed in City Code.

F. City requires that the Subdivision Improvements be maintained by the Developer for a continuous period of one year beginning with the date of City’s acceptance of the Subdivision Improvements.

G. Developer has agreed to maintain stated the Subdivision Improvements for the one-year period set forth above.

H. The parties hereto agree that maintenance shall consist of the continual cleaning, mowing, repairing and replacing of the Subdivision Improvements to a neat, functional and safe condition excepting only that deterioration which can be expected to result from normal service.

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2

NOW THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and City agree as follows:

1. The foregoing recitals are true and correct and are an integral part of this agreement, as if set forth fully herein-below.

2. City Approval. City hereby approves the construction of the Subdivision Improvements within the Subdivision.

3. Developer Covenants. The Developer hereby covenants and agrees:

3.1. It will continuously maintain and repair all Subdivision Improvements at its expense for a period of one year after completion and approval by City.

3.2. After the one-year maintenance period, all Subdivision Improvements within the Subdivision and the maintenance thereof by the Developer shall be deemed accepted by City unless the Developer is notified in writing prior to the 12 months after the date of this Agreement.

4. City Covenants. City covenants and agrees:

4.1. Upon approval of the Subdivision Improvements and the recording of a Plat (as approved pursuant to Chapter 130 of the City Code), City will:

4.1.1. Authorize the issuance of appropriate building permits for construction.

4.1.2. Permit connections to City water and sewer lines.

4.1.3. Authorize the protection and enforcement of City regulations.

4.1.4. Provide all other municipal services allowed by City Charter.

4.2. After maintenance and repair of all such Subdivision Improvements for a period of one year by the Developer, City shall inspect the Subdivision Improvements and, if approved, shall continually maintain the Subdivision Improvements within the Subdivision.

5. Tree Ordinance. Following construction of the Subdivision Improvements, and clearing of the property within the Subdivision, Developer shall plant sufficient trees, each of which shall be of no less than three inches DBH, to comply with the minimum tree requirements set forth in Section 114-42 of the City Code.

6. Maintenance Agreement. This Agreement constitutes the maintenance agreement required by Sections 130-18 and 130-105 of the City Code.

7. Secondary Access Drive.

7.1. When Developer has completed the construction of fifty (50) homes within the Subdivision, Developer shall construct a secondary access drive to provide emergency vehicle access between the western boundary of the Subdivision and Baseline Road at the location set forth on the attached Exhibit B. The secondary access drive may consist of

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3

alternate driving surface material sufficient to provide emergency vehicle access. The secondary access drive may be fenced or gated with a “crash gate.”

7.2. If Developer hereafter records a plat of a subdivision (the “New Subdivision”) on contiguous real property owned by Developer, there is cross-access between the New Subdivision and this Subdivision, and the New Subdivision provides a separate access between the New Subdivision and a public right-of-way, Developer may abandon the secondary access drive constructed pursuant to paragraph 7.1 and remove all improvements constructed by Developer in connection therewith.

8. Limitation. Nothing in this Agreement shall supersede or take precedence over any existing ordinances, regulations or codes of City.

9. Default. In the event the Developer shall default in the performance of or fail to perform the obligations of this Agreement and City is required to take action or assume the maintenance responsibility, City shall be entitled to recover all damages, costs and legal expenses incurred or suffered by City, including a reasonable attorney's fee by reason of the said default.

10. Binding. This Agreement shall be binding upon and insure to the benefit of the respective parties hereto, their successors and assigns.

IN WITNESS WHEREOF, the parties have caused these presents to be executed this ______ day of _____________, 2019.

THIS PART OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES START ON NEXT PAGE

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4

_____________________________ Witness _____________________________ Print Witness Name _____________________________ Witness _____________________________ Print Witness Name

AG Properties of Marion, LLC, a Florida limited liability company By: __________________________ Harvey Vandeven, Manager

STATE OF FLORIDA COUNTY OF MARION The foregoing instrument was acknowledged before me this _______ day of ____________, 2019, by Harvey Vandeven as Manager of AG Properties of Marion, LLC, a Florida limited liability company, on behalf of such company, who is personally known to me or who has produced a Florida Driver’s License as identification. ___________________________________ NOTARY PUBLIC State of Florida at Large Print Name: _________________________ My Commissioner Expires: My Commission Number:

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5

_____________________________ Witness _____________________________ Print Witness Name _____________________________ Witness _____________________________ Print Witness Name

City of Belleview, Florida By: __________________________ Christine Dobkowski Mayor/Commissioner

ATTEST: _____________________________ Margaret “Peggy” DeGennaro City Clerk/Administrator

STATE OF FLORIDA COUNTY OF MARION The foregoing instrument was acknowledged before me this _______day of ______________, 2019, by Christine Dobkowski, as Mayor/Commissioner of City of Belleview, Florida, who is personally known to me or who has produced a Florida Driver’s License as identification. ___________________________________ NOTARY PUBLIC State of Florida at Large Print Name: _________________________ My Commissioner Expires: My Commission Number:

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6

EXHIBIT A PROPERTY

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7

EXHIBIT B SECONDARY ACCESS

E:\JG\Vandeven\Autumn Glen Plat\Dev K\Developer Agreement 4-17-19.docx

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44

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46

Baseline Rd. Ext.

Secondary A

ccess Rd.

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schancey
Highlight

THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR

WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF

DOCUMENTATION

CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORUM

DATE OF MEETING May 7, 2019

EXPLANATION OF AGENDA ITEM PW Department Re-Structure

PRESENTING PARTY City Administrator McKamey

PW Director Phillips

BACKGROUND/EXPLANATION

With every resignation or retirement, we look at the organization and do an evaluation of what

we have and what we may need. Due to the recent retirement in Public Works, Bruce and I

have been working on a re-organization plan. While there may be minor adjustments between

the funds, this plan should allow the commission to proceed with the maintenance of the

medians and ROW with minimal costs. Following is the recommendation:

a) Eliminate: Field Operations Supervisor

b) Streets/ Parks: Retitle: Streets / Parks Maintenance Crew Leader to Streets / Parks Supervisor Add: Streets / Parks Maintenance Technician: Medians and ROW

maintenance

c) Water / Sewer Field:

Retitle: WS Service Utility Crew Leader to Utilities and Facilities Supervisor Add: Facilities / Maintenance Technician: Building / Grounds maintenance for

BCH, BPD, PWC, Cherokee Park Community Center, and Lake Lillian

Community Center. Move: Construction Inspector Move: Inventory / Maintenance Technician to this area

d) Executive Assistant to PWD:

Add: Custodian

a. Public Comments

b. City Commission Comments

ATTACHMENTS Copy of Organizational Chart

RECOMMENDED ACTIONS Motion to approve recommendation

48

< >

Public Works Department Organizational Chart

Building & Grounds Maintenance TechConstruction Inspector Mechanic/Inv. TechJanitor

Plant Operator Utility Tech II Maintenance Tech II

Utility Tech I Maintenance Tech I

Public Works Director City Engineer

Field Utilities & Facilities SupervisorChief Plant Operator Streets & Parks Field

Supervisor

the PW DirectorExecutive Assistant to

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Public Works Director/City Engineer Bruce H. PhillipsExecutive Asst. to the PW Dir Lezli Merritt

Janitor Belinda Williams

Chief Plant Operator Richard DychesPlant Operator Todd Powell

Field Utilities & Facilities Supervisor Joshua SeeUtility Tech I Randall MorrisUtility Tech I Tyler StanleyUtility Tech I VacantUtility Tech I VacantConstruction Supervisor Randy TannerMechanic/Inventory Tech Bruce ClendeningFacilities Maintenance TechnicianVacant (newly created position)

Streets & Parks Field Supervisor Steven AngerMaintenance Tech II Mike GoffMaintenance Tech I Henry SomarribaMaintenance Tech I Josh WoodsMaintenance Tech I Jason WaldronMaintenance Tech I Vacant (newly created position)

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CITY OF BELLEVIEW

PARTICIPATION/DISCUSSION TOPIC FORUM

DATE OF MEETING May 7, 2019

EXPLANATION OF AGENDA ITEM UNSCHEDULED AUDIENCE

THE COMMISSION RESERVES THE RIGHT TO POSTPONE ANY DECISION ON AUDIENCE, OR WALK-IN REQUESTS UNTIL SUFFICIENT TIME HAS BEEN ALLOWED FOR REVIEW OF DOCUMENTATION

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