THE TOWN COUNCIL OF GREENVILLE WILL MEET IN REGULAR SESSION  6P.M., Monday, April 17,2023 City Hall 154SW Old Mission Avenue Greenville, Florida 32331 REGULAR MEETING AGENDA  1. Call to Order- - Mayor 2. Roll Call by the Mayor 3. Invocation and Pledge of Allegiance 4. Reading and Approval of the Agenda 5. Consideration of Councilmember Absences  6. Public Comment  7. Consent Agenda - March 2023 Regular Session Meeting Minutes  8. Discuss/Action- Second Reading of Ordinance 2023-272- An ordinance Related to Public Property-John Reid 9. Discuss/Action- Second Reading of Ordinance 2023-273- An Ordinance Related to Public Parks-. John Reid Town 10. Discuss/Action- Resolution 2023-06 -A resolution Related to Eminent Domain-John Reid Town Attorney 11. Discuss/Action-Code Enforcement Special Magistrate System- John Reid Town Attorney  Town. Attorney Attorney  12. Comments by" Town CEO/CFO, Town Attorney: and Town Council  13. Future Agenda Item Requests 14. Informational Items 15. Adjournment  NEXT MEETING: Regular Session Council Meeting, May 8, 2023 @ 6:00P.M.  Any person who decides to appealo any decision made by thec council with respect to any matter consideredat: such meeting will needar record of the proceedings, andt thatj fors such purpose, hec ors she may needt toi insure that a verbatim record oft the proceedings is made, whichr recordi includes the testimony ande evidence upon  whicht the appeal is based.    MINUTES GREENVILLE TOWN COUNCIL  Regular Session, Monday March 13, 2023, 6:00PM CITY HALL, 154 SW OLDI MISSION AVENUE, GREENVILLE, FL 32331  1. Call to Order: Mayor Brown called the meeting to order at 6:00 PM.  2. Roll Call by the Mayor: Mayor Brittni Brown, Vice Mayor Kathleen Hamilton, Councilmember Calvin Malone, and  Councilmember Carl Livingston were present. Also Present: John Reid, Town Attorney and Town CEO/CFO Lee. Jones  3. Invocation and Pledge of Allegiance: Invocation was followed by the pledge of allegiance.  4. Reading and Approval of the Agenda:  MOTION: Council member Malone moved to approve the agenda; second by Councilmember Livingston.  Yay X X X X  Nay  Mayor Brown Councilmember Hamilton Councilmember Livingston Councilmember Malone Motion passed unanimously.  5. Consideration of Council Member Absences: None.  6. Public Comments: Mr. George Pridgeon wanted to thank the city crew for putting down asphalt on his street. Mrs.. Janie Millerasked about the speed bumps and spoke on the PTO at the elementary school needing support. Mrs. Barbara Dansey spoke on the checks and money orders not being taken at the window as well as the garbage Mrs. Loretta Muggy spoke and gave an update on the cemetery and the progress they were making. Mrs. Connie Hinkle asked about getting speed bumps on Church Ave as people are speeding.  Mrs.. Judy Hudgins wanted to speak and offer her help.  pick-up.  7. Consent Agenda: February. 2023 Regular. Session Meeting Minutes  MOTION: Councilmember Malone moved to approve the consent agenda; second by Vice Mayor Hamilton.  Yay X X X X  Nay  Mayor Brown Councilmember Hamilton Councilmember Livingston Councilmember Malone Motion passed unanimously.  8. - Discuss/Action: Ordinance No. 2023-272: Related to Public Property (First Reading)- Town Attorney. John Reid .Town. Attorney. John Reid explained that this ordinance will help with the control oft the block parties and the blocking of streets as well as conducting business in the streets or in the parks. He explained the code enforcement process as  well as the penalties and the steps for handling these issues.    Regular Session Meeting Minutes March 13, 2023  9. Discuss/Action: Ordinance No. 2023-273: Related to Public Parks (First Reading)- Town. Attorney. John Reid .Town Attorney. John Reid explained that they amended the previous ordinance to include revisions toi the rules and activities int the parks as well as the repercussions for these types of activities that are not allowed.  10. Discuss/Action: Resolution No. 2023-03: Related to AP African American Studies- Mayor Brittni Brown.  Mayor Brittni Brown asked the council to adopt this resolution urging the Florida Governor Ron DeSantis and the Florida Dept. of Education to rescind the state of Florida's rejection of the inclusion of the advanced placement African American Studies course in the Florida course code directory and instructional personnel assignments; repealing conflicting resolutions;  and providing an effective date. This is not a course they have to take but cani if the elect to.  Motion: Council Member Livingston moved to approve to adopt resolution 2023-03; second by council member Malone.  Yay X X X X  Nay  Mayor Brown Vice Mayor Hamilton Councilmember Malone Councilmember Livingston Motion Passed 4-0  11. Discuss/Action: Resolution No 2023-04: Related to problem Gambling Awareness month- Mayor Brittni Brown.  Mayor Brittni Brown explained that this resolution willl be to help with literature going out regarding adults that may  have gambling problems and the awareness of these issues.  Motion: Councilmember Livingston moved to adopt resolution 2023-04; second by' Vice Mayor Hamilton  Yay X X X X  Nay  Mayor Brittni Brown Vice Mayor Hamilton Councilmember Malone Councilmember Livingston Motion passed 4-0  12.! Discuss/Action: Resolution No. 2023-05: Related to DEP State Revolving Fund Application- Town CEO/CFO Lee. Jones. Town CEO/CFO Lee. Jones stated that this resolution will help with the challenges of our waste water system and that  the 10 percent of these funds that we are responsible for will be covered by agrant.    Regular Session Meeting Minutes March 13, 2023  Motion: Vice Mayor Hamilton moved to adopt resolution 2023-05;seconded by councilmember Malone  Yay X X X X  Nay  Mayor Brittni Brown Vice Mayor Hamilton Councilmember Malone Councilmember Livingston Motion Passed 4-0  13. Discuss/Action: Code Enforcement Special Magistrate- Town Attorney. John Reid  Town. Attorney. John Reid gave an update for the code enforcement and the steps that are being taken to enforce these violations through a Magistrate. He explained that the Town would be sending out an official complainant letter. 14. Comments by Town CEO/CFO, Town Attorney. John Reid: Attorney. John Reid commented on Government guidelines and Mr.. Jones gave an update on the Grant work that is going on in both parks and what to expect while the work is being  some of the impacts. completed.  15. Future Agenda Item Requests: None 16. Informational Items: None 17. Adjournment:  MOTION: Councilmember Livingston moved to adjourn; second by Vice Mayor Hamilton.  Meeting adjourned at 7:18P.M.  Respectfully submitted, Fnle-Fngla  Julie Inglett, Administrative Assistant.    FIRST READING SECOND READING EFFECTIVE DATE. ADVERTISEMENT,  ORDINANCE NO. 2023-272  AN ORDINANCE OF THE TOWN OF GREENVILLE, FLORIDA; AMENDING CHAPTER 22, ARTICLE II, CODE OF GENERAL ORDINANCES; CREATING SECTION 22-19; PROHIBITING THE REPAIR OR MAINTENANCE OF MOTOR VEHICLES IN PUBLIC RIGHT OF WAYS; CREATING SECTION 22-20; PROHIBITING COMMERCIAL ACTIVITY ON PUBLIC PROPERTY; PROVIDING EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; CREATING SECTION 22-21; REQUIRING PERMITS FOR GATHERINGS OR EVENTS ON PUBLIC PROPERTY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING EXEMPTIONS; RENUMBERING SUBSEQUENT SECTIONS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.  BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Section 1. Section 22-19 of the Code of General Ordinances of the Town of Greenville,  GREENVILLE, FLORIDA, that:  Florida, is hereby created and shall read as follows:  Chapter 22-STREETS, SIDEWALKS AND PUBLIC PLACES  ARTICLE I.-I IN GENERAL Secs. 22-1--22-18. - Reserved.  ARTICLEIL.-S STREETS AND SIDEWALKS  Sec. 22-19. - Repair and maintenance ofr motor vehicles in public righisofwayprohibied,  (a) The following words, terms, and phrases. when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly Emergencyrepair means repair performed on a vehicle which has become (1) Can be and is performed within onel hour's continuous work time; (2) Isc commenced within 12 hours of the time when the vehicle became  indicates a different meaning: inoperable when such repair:  inoperable: and  CODING: Deletions from existing language are stricken; additions are underlined.    (3) Isno more extensive than necessary to make the vehicle operational. Motor vehicle means everys self-propelled device in, upon, or by which any person or property is or may be transported or drawn upon a public right-of-way, excepting devices moved by human power or exclusively upon rails or tracks. Public right-ofway means every way set apart for public travel in motor vehicles. including but not limited to streets, roadways, alleys, highways, and Repair means to fix, adjust, change oil, grease, or perform other maintenance OrI repair work; except that repair shall noti include the changing ofai flat tireor (b) Except for emergency repairs, no person shall repair ai motor vehicle upon any  portions of driveways that cross aj public sidewalk.  jumpstarting ofai motor.  public right-of-way within the town.  Section 2. Section 22-20 of the Code of General Ordinances of the Town of Greenville,  Florida, is hereby created and shall read as follows: penalties: unpaid fines to constitute liens.  Sec. 22-20. - Conducting business on streets, parks, or other public property: enforcement;  (a) Its shall be unlawful for any person, while in or on any public street, avenue or alley, or any park, structure, building, or other property or place owned, maintained, or operated by the town for public use, to sell, rent, or offer for sale or rent to the public, any merchandise, product, goods, or service ofany nature whatsoever.other than newspapers of general circulation duly entered in the (b) Itshall be unlawful for any commercial business operator, establishment, entity, organization, or company that sells or rents merchandise, products, goods.or services, or engages in any service that sells or rents merchandise, products, goods, or services, (including, without limitation, those commercial operators that transport passengers), from conducting any portion oft the commercial transaction, activity, or operation at any park. boat ramp, structure, building, or other property or place owned, maintained, or operated by the town. A commercial transaction, activity, or operation will be deemed to have occurred if any direct, indirect,or incidental portion of the commercial transaction, activity, or operation takesplace at, or uses, a park, boat ramp structure, building or other property or place owned,  United States Postal Service.  maintained, or operated by the town. (c) Exemptions. This section shall not apply to:  CODING: Deletions from existing language are stricken; additions are underlined.  2    (1) Employees of the town acting for, and on behalf of, the town, as specifically authorized by the town manager:or  2) Persons authorized to render service to the public in any place set forth in subsection (a) and (b) by the town manager, provided the rendered service isa commercial outdoor fee based activity that has minimal impact to the 3) Ac commercial business operator, establishment, entity, organization.or company is authorized to render service to the public pursuant to a written (4) Persons participating in any art show or exhibit held on all town properties under the specific authorization of the town council, and whoare exhibiting paintings or objects ofa art produced or created bys such persons. (5) Persons providing personal training exercise services or providing lessons ins sports related activities in a town park, provided the rendered service or services takes place at aj park that is specifically designed, used, or otherwise intended by the town to provide al broad range ofrecreational facilities and uses and, further, the service or services being rendered has/have minimal impact upon the public's use and enjoyment of the park.  town's public property:or  agreement with the town.  (d) Penalties and enforcement.  (1) Any violation ofs subsections (a) and (b)oft this section shall be punished (2) Any violations of subsections (a) and (b) ofthis section shall be subject to  in accordance with section 1-7ofthis Code.  the following fines: a.  Ifthe violation is the first offense, a person, organization,or business shall receive a civil fine of $250.00; Ifthey violation is the second violation within the preceding six months, aj person, organization, or business shall receive a civil Ifthe violation is the third violation within the preceding six months, aj person, organization, or business shall receive a civil Ift the violation is the fourth or subsequent violation within the preceding six months, a person, organization, or business shall  fine of $500.00;  C.  fine of $1,000.00; and  d.  receive a civil fine of $2,000.00.  CODING: Deletions from existing language are stricken; additions are underlined.  3    (3) Enforcement.  a. The town manager orl his or her designee shall enforce the provisions ofs subsections (a)a and (b)oftl this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section and all applicable laws. Ifaviolation of this section is observed, the town manager or his or her designee will be authorized toi issue a notice of violation. The notice shall inform the violator oft the nature oft the violation, amount ofi fine for which the violator is liable. instructions and due date for paying the fine, that the violation may be appealed by requesting an administrative hearing before a special magistrate pursuant to article IV of chapter 2 ofthis Code. The failure to appeal the violation shall constitute an admission oft the violation  and a waiver ofther right to a hearing.  (4) Rights of violators: payment ofi fine: right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special magistrate.  a.  A violator who has been served with a notice of violation must  elect to either: i.  Pay the civil finei in the manner indicated on the notice of  violation, or  ii. Timely request an administrative hearing before a special magistrate to appeal the notice of violation pursuant to article IV of chapter 2 ofthis Code. The procedures for appeal by administrative hearing ofthe notice ofviolation shall be as set forth in article IV of chapter 2 ofthis Code. Applications for hearings must be accompanied by a fee as approved by a resolution oft the city commission, which shall be refunded ift the named violator prevails in the appeal. Ifthei named violator, after issuance oft the notice of violation, fails to pay the civil fine. or fails to timely request an administrative hearing before a special magistrate, the special magistrate may be informed ofs such failure by report from the town manager orl his or her designee. The failure oft the named violator to appeal the decision of the town manager or his or her designee within the prescribed time period shall constitute a waiver oft the violator's right to an administrative hearing before the special magistrate and shall be treated as an admission oft the violation, for which fines  b.  and penalties shall be assessed accordingly.  CODING: Deletions from existing language are stricken; additions are underlined.  4    d. Acertified copy ofan order imposing a fine may be recorded in the public records, and thereafter shall constitute al lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the 61st day following the recording of any such lien that remains unpaid, the town may foreclose or otherwise execute upon the lien. Anyparty aggrieved by a decision ofas special magistrate may appeal that decision pursuant to article IV ofchapter 2ofthis The special magistrate shall be prohibited from hearing the merits ofthe notice of violation ift the violator has failed to timely request an administrative hearing. This paragraph does not eliminate the availability of equitable tolling as a defense to the untimely filing  e.  Code.  f.  ofar request for an administrative hearing. penalties prescribed in subsection (d)(2).  g. The special magistrate shall not have discretion to alter the  Section 3. Section 22-21 of the Code of General Ordinances of the Town of Greenville,  Florida, is hereby created and shall read as follows:  Sec. 22-21.-) Permit required.  (a) Definitions. The following words. terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context  clearly indicates a different meaning:  Demonstration means a public gathering, procession or parade. the primary purpose of which is the exercise of the rights of assembly and free speech as guaranteed by the First Amendment of the Constitution of the United States. It includes activities conducted on public property for the purpose of demonstrating approval or disapproval of governmental policies or practices, expressing a view on public issues, or bringing into public notice any issue or Parade means any march or procession consisting of persons. animals, vehicles, or any combination thereof. traveling upon any public way, within the territorial jurisdiction oft the city, that has been authorized by resolution ofthe  other matter.  town council.  CODING: Deletions from existing language are stricken; additions are underlined.  5    Picket line means a line of protesters outside a place of work with the purpose ofi intercepting outsiders and prevent them from working for employers Rally means a gathering of people with the intent to arouse enthusiasm or Right-of-way means land in which the state, the state department of transportation, the county, or the town owns the fee orl has an easement devoted to Sidewalk means that portion of the right-of-way located between the curbline on the lateral line ofa street and the adjacent property line, and which is intended Street means that portion oft ther right-ofwayimproved. designed,or  with whom the organization is at variance. support for a common cause.  orr required for use as at transportation facility or street.  for use bypedestrians.  ordinarily used for vehicular and/or pedestrian traffic.  (b) Permit required. No person or entity shall obstruct or cause tol be obstructed any street or sidewalk in this town or impede the general movement ofvehicular or pedestrian traffic thereon without first obtaining aj permit from the town manager (c) Permit requirements. Permits for temporary obstruction oft the public right-of-way  orl his or her designee as provided in this section.  shall be issued upon completion oft the following requirements:  (1) The applicant shall file a completed application and shall execute a form approved by the town council.agreeing to indemnify, defend.save.and hold] harmless the town, its officers and employees. from any and all claims, liability, lawsuits, damages, and causes ofaction which may arise out oft this permit, or the permittee's activity on the demised premises. (2) The permittee agrees to obtain and maintain for the entire period. ati its  own expense, the following:  a.  Commercial general liability insurance in the amount of $1.000.000.00 per occurrence for bodily injury and property damage for construction activities located on town property. The town must be named as an additional insured on this policy,and an endorsement must be issued as part of the policy reflecting this Workers' compensation and employers' liability insurance as  requirement. required by the state.  b.  CODING: Deletions from existing language are strieken; additions are underlined.  6    All policies must be issued by companies authorized to do business in the state of] Florida and rated B+ or better for financial strength and classed as financial size category VI or better per the latest edition of Best's Key Rating Guide. The town must receive 30 days' written notice prior to any cancellation, nonrenewal, or material change in the coverage provided. The permittee must provide and have approved by thet town manager an original certificate ofi insurance as evidence that the above requirements have been met prior to receiving a permit and commencing the proposed The town manager shall be authorized to lower the amount of general liability insurance required upon a showing by the applicant that the amount set forth above is excessive under the circumstances fora (3) The applicant shall post a cash deposit with the town manager in the estimated amount needed to pay: for any damage to public property and costs for garbage. trash, and debris removal which may be necessary asa result of the applicant's use of the right-of-way for the proposed activity; the amount of the required deposit shall be determined by the public works director. The deposit shall be used by the town only ift the applicant fails to repair any damage and/or remove garbage. trash, and debris resulting from the permitted activity. Any unused portion oft the deposit shall be promptly (4) A fee of$50.00 shall accompany each application. Additionally,any cost for obstruction of metered parking spaces will be determined as a separate cost by the public works director and must be deposited with the town prior toi issuance ofay permit. Following submittal oft the application, the town manager shall determine the final permit fee. which shall be the  activity.  particular activity.  returned to the applicant.  higher of: a. b.  Af feeof$50.00:or acertified appraisal.  The market value oft the area to be closed or occupied, pursuant to The applicant shall pay.prior to permit issuance. any additional permit fee required ift the final permit fee based on market value is higher than the $50.00 fee. Unless the town manager determines that seeking a certified appraisal would not be cost effective, the town must obtain an appraisal; if no certified appraisal is obtained, the fee of $50.00 shall apply.  CODING: Deletions from existing language are strieken; additions are underlined.  7    (5) No permit shall bei issued ift the public works director, countys sheriff, and/or fire departments or the town manager determine that such activity would constitute a danger to public health and/or safety. (6) Appeals. Appeals from the determination oft the deposit amount required by the town manager or his or her designee and appeals from the denial of apermit shall be to the town council. Alternatively, the town council may, byr resolution, refer the matter to the town's special magistrate to hear such appeals. The appeals shall be conducted pursuant to the procedures set forth in sections article IV of chapter 2 ofthis Code. Applications for hearings must be accompanied by a fee as approved by a resolution oft the town council, which will be refunded ifthe applicant prevails in the  appeal.  (d) Permit conditions. Permits issued pursuant to this section shall set forth any conditions necessary for the protection of property and public safety. Willful violation oft the permit conditions shall render the permit null and void, and subject the violator to enforcement and penalties, as provided in subsection (e).  (e) Penalties and enforcement.  (I) Penalties for violations. The following penalties shall be imposed fora violation ofs subsections (b), (c)(I)through (c)(5).or(d):  a.  The penalty for the first violation by a person or entity within al 12- month period shall be a civil fine of $500.00; b. The penalty for the second violation by aj person or entity within a 12-month period shall be a civil fine of $1,000.00: C. The penalty for the third violation by aj person or entity withina 12-month period shall be a civil fine of$5.000.00; d. The penalty for the fourth violation by aj person or entity within a 12-month period shall be a civil fine of $10,000.00: The fifth or subsequent violation by aj person or entity within a 12- month period shall constitute an offense enforceable pursuant to  e.  section 1-7 oft this Code.  (2) Enforcement. The town manager shall enforce subsections (b).(C)I) through (c)(5),and (d). This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section and all applicable laws. Ift the town manager finds a violation ofsubsections (D).(CXD)through (c)5).or(d). the town manager or his or her designee shall issue a notice of violation in the manner prescribed in article IV of chapter 2 oft this Code. The notice shall inform the violator of  CODING: Deletions from existing language are stricken; additions are underlined.  8    the nature oft the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, that the violation may be appealed by requesting an administrative hearing before a special magistrate pursuant to those procedures set forth in article IV of chapter 2 ofthis Code. The failure to timely appeal the violation shall constitute an admission of the violation and a waiver oft the right to a hearing. 3) Rights ofviolators; payment of fine: right to appea!; failure to pay civil fine or to appeal; appeals from decisions of the special magistrate. a. Aviolator who has been served with a notice of violation must  elect to either: i.  Pay the civil fine in the manner indicated on the noticed of ii. Timely request an administrative hearing before a special magistrate to appeal the notice of violation pursuant to article IV of chapter 2 ofthis Code. The procedures for appeal by administrative hearing oft the notice ofviolation shall be as set forth in article IV of Chapter 2 ofthis The special magistrate shall not have discretion to alter the penalties prescribed in subsection (e)(1) or (e)(4).  violation, or  b.  Code.  C.  (4) Enhanced penalties. The following enhanced penalties shall be imposed, ina addition to any mandatory fines set forth in subsection (e)(1)above. for violations ofs subsection (b).(c/D)through (c)(5).or( (d):  a.  Enhanced penalties for violations of subsection (b).(c)Dthrough  (c)(5).or(d): i.  Anotice of violation of subsection (D).(C)Dthrough (c)(5), or (d) shall be issued to the person or entity obstructing or causing to obstruct any street or sidewalk in this city or impeding the general movement of vehicular or pedestrian traffic thereon and, ift the violation occurred within the course and scope of the violator's employment,a notice of violation shall also be issued to the person or entity employing the violator, who shall be jointlyand 11. The town manager shall decline to issue, for a periodo lofone year from the date of the violation, a temporary obstruction  severally liable for the violation.  CODING: Deletions from existing language are stricken; additions are underlined.  9    ofright-ofwaypermit to such person or entity that has violated subsection (b.(C))through (C)5).or(d) threeor more times within a 12-month period.  (f) Exemptions. The requirements oft this section shall not apply to demonstrations, parades, picket lines, or rallies, as defined in this section, filming, newsracks, sidewalk cafes, special events, telephones, or to any other person obstructing the publici right-of-way pursuant to a town permit or franchise.  RENUMBER SUBSEQUENT SECTIONS.  Section 5. Severability, The provisions ofthis Ordinance are declared tol be severable, and ifany section, sentence, clause, or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.  Section 6. Repeal of conflicting ordinances. Any and all ordinances or parts of ordinances  in conflict herewith are hereby repealed to the extent of such conflict.  Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage.  Following the second reading oft the foregoing, the Honorable moved that the foregoing resolution be adopted. The Honorable  seconded the motion fori its adoption.  The Honorable result was as follows:  put the question to ai roll call vote, and the  Hon. Carl Livingston, Councilmember Hon. Calvin Malone, Councilmember Hon. Kathleen Hamilton, Vice Mayor/Coumcimember Hon. Brittni Brown, Mayor/Couneilmembe:  Voted: Voted: Voted: Voted:  CODING: Deletions from existing language are strieken; additions are underlined.  10    PASSED AND. ADOPTED by the Town Council oft the Town of Greenville, Florida, this  day of  2023.  APPROVED:  HON. BRITTNI BROWN Mayor/Councimemper APPROVED ASTOI FORM:  ATTEST:  LEEI N. JONES,JR. Interim Town Clerk  JOHN LAURANCE REID Town Attorney  CODING: Deletions from existing language are stricken; additions are underlined.  11    FIRST READING SECOND READING EFFECTIVE DATE. ADVERTISEMENT,  ORDINANCE NO. 2023-273  AN ORDINANCE OF THE TOWN OF GREENVILLE, FLORIDA; AMENDING CHAPTER 22, ARTICLE II, CODE OF GENERAL ORDINANCES; AMENDING SECTION 22-42; PROHIBITING THE IMPOSITION OF AN ADMISSION FEE FOR EVENTS HELD AT TOWN PARKS; AMENDING SECTION 22-43; PROVIDING DEFINITIONS; PROVIDING FOR ORGANIZED ACTIVITIES THAT ARE ALLOWED AT OUTDOOR PUBLIC ASSEMBLIES OPERATING UNDER PERMIT; AMENDING SECTION 22-44; PROHIBITING THE DISCHARGE OFI FIREARMS ATTOWNPARKS ONLYASALREADY PROHIBITED BY STATE LAW; CREATING SECTION 22-45; PROVIDING FOR THE ISSUANCE OF TRESPASS NOTICES FOR INDIVIDUALS WHO VIOLATE LOCAL. AND STATE LAWS, RULES, OR REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR RIGHT OF APPEAL; CREATING SECTION 22-46; HOLDING PERSONS AND ORGANIZATIONS LIABILITY FOR DAMAGES TO PREMISES OR PERSONS; PROVIDING FOR INDEMINIFICATION: PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; ANDPROVIDING ANEPECTIVEDATE:  BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Section 1. Section 22-42 of the Code of General Ordinances of the Town of Greenville,  GREENVILLE, FLORIDA, that:  Florida, is hereby amended and shall read as follows:  Chapter 22-STREETS, SIDEWALKS AND PUBLIC PLACES  ARTICLE IIL.-PARKS  Sec. 22-42.- - Permit required-For selling or offering goods.  (a) Vendors and others may not sell goods or otherwise offer goods to others for which a fee is collected or donation solicited in the parks without first obtaining a written permit from the town manager for a fee to be set by the town council, except as part of an organized event approved by the town manager couneil. (b) Vendors and others may not conduct any outdoor public assembly or assembly, as defined in section 22-43, in the parks for which a fee is collected or donation solicited, except as part of an organized event approved by the town manager.  CODING: Deletions from existing language are stricken; additions are underlined.    Section 2. Section 22-43 of the Code of General Ordinances of the Town of Greenville,  Florida, is hereby amended and shall read as follows:  Sec. 22-43. - Permit required-For certain uses or conducting outdoor public assemblies  erganized-aetiVies.  (a) The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly Alcoholic beverages mean those items as defined by ES.556101asitmy Fireworks means firecrackers, torpedoes, rockets, or other fireworks or Outdoor public assembly or assemblymeans any ceremony, show, exhibition, concert, pageant, rally, demonstration, or assembly of any kind calculated to attract at any one time the attendance or attention ofover 20 persons which is held (a) Vendersanéelher-maynecemdwetmyegmidasiweEPddbelow,in hepatks-erwhchaehaeeielleseerdemstionsekeieestaspartefan (b) The following speetied-organized activities are prohibited in the parks, except as part of an outdoor public assembly erganizedevent approved by the town council, (1) Possession or use of alcoholic beverages.where such approval specifically  indicates a different meaning: be amended from time to time. explosives off flammable material.  in or on any area of any town park.  organizedeventapprevedby-nethe-tow-manager.  or by permit issued by the town manager:  allows use ofa alcoholic beverages.  (2) Operation of radio-controlled or tethered aircraft.  (3) Operating, stopping or parking of vehicles, except in designated parking (4) Use or discharge Diseharge of firearms-er fireworks where such approval  areas.  specifically allows discharge of firearms-er fireworks.  (5) Use ofs sound amplification systems.  (6) Solicitation.  (7) Horseback riding or possession of animals, other than common domestic CODING: Deletions from existing language are strieken; additions are underlined.  animals such as dogs and cats.  2    Section 3. Section 22-44 of the Code of General Ordinances of the Town of Greenville,  Florida, is hereby amended and shall read as follows:  Sec. 22-44. - Prohibited activities.  (a) The following are prohibited in the parks:  (1) Discarding oft trash, garbage or other litter, except into containers for that (2) Damaging, defacing, or removing property of the town, except by the (3) Fires, except in areas where fires are permitted by normal use, such as in  purpose. town.  charcoal grills.  (4) Use of profane, threatening, or abusive language. (5) Smoking tobacco or any other products.  (6) Discharging a firearm. as defined by F.S. $7 790.001. in manner prohibited under F.S. $ 790.15,as it may be amended from time to time. (7) Visiting a town park in violation ofa a trespass notice issued pursuant to  section 22-45 oft this Code.  Section 4. Section 22-45 of the Code of General Ordinances of the Town of Greenville,  Florida, is hereby created and shall read as follows:  Sec. 22-45.-7 Trespass notices.  (a) Ina addition to any other penalty allowed by law, any law enforcement officer racting with his orl her jurisdiction is authorized to issue trespass notices in any town park for the purpose ofenforcing the provisions of this chapter, a department rule or regulation, a facility use permit, or state law, to any individual who violates any applicable local law or applicable state law while  on or in the area ofat town park.  (b) Any person issued a trespass notice shall be prohibited from returning to the town  park specified in the trespass notice as follows:  (1) For the first trespass notice, for a period ofone (I)year. (2) For the second trespass notice, for a period off five (5)years. (3) For the third or subsequent trespass notice, fora aj period often (10) years. CODING: Deletions from existing language are strieken; additions are underlined.  3    (c) A copy of the trespass notice shall be provided by mail or hand delivery to the trespass notice recipient with a copy provided to the employee or official having control over the town park. The trespass notice shall include the name and address of the trespass notice recipient, the date, the provision of law the trespass notice recipient has violated, a brief description oft the offending conduct, the location of the offence. the name of the person issuing the trespass notice, and a description oft the town park to which the trespass notice recipient shall not return during the trespass notice period described in subsection (b) of this section. The written trespass notice shall advise oft the right to appeal and the location and telephone number for filing the appeal. The trespass notice shall include a warning that any person found on town  park in violation ofat trespass notice may be arrested for trespassing.  (d) The trespass notice recipient shalll have the right to timelyr request an administrative hearing before a special magistrate to appeal the issuance of the notice pursuant to article IVo of chapter 2 oft this Code. The trespass notice shall remain in effect during the appeal process unless  astay pending review is entered by the special magistrate.  Section 5. Section 22-46 oft the Code of General Ordinances of the Town of Greenville,  Florida, is hereby created and shall read as follows: Sec. 22-46. -] Liability for damages from use of parks.  (a) Anyperson or organization using a town park shall be responsible for any damage. caused by his, her, or its conduct, that may occur during the use of the premises, either to the premises or to a person using the same, and such person or organization using the park and causing said damage shall indemnify and hold harmless the town from any liability whatever arising out  ofthe use oft the town park byanysuch person or organization.  Section 6. Severability. The provisions oft this Ordinance are declared to be severable, and ifa any section, sentence, clause, or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but shall remain in effect, it being thel legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.  Section 7. Repeal of conflicting ordinances. Any and all ordinances or parts ofordinances  in conflict herewith are hereby repealed to the extent of such conflict.  Section 8. Effective Date. This Ordinance shall take effect immediately upon its passage.  CODING: Deletions from existing language are strieken; additions are underlined.  4    Following the second reading of the foregoing, the Honorable moved that the foregoing resolution be adopted. The Honorable  seconded the motion fori its adoption.  The Honorable result was as follows:  put the question to ai roll call vote, and the  Hon. Carl Livingston, Councilmember Hon. Calvin Malone, Councilmember Hon. Kathleen Hamilton, Vice Mayor/Coumcimember Hon. Brittni Brown, Mayor/Councimember  Voted: Voted: Voted: Voted:  PASSED AND ADOPTED by the Town Council oft the Town of Greenville, Florida, this  day of  2023.  APPROVED:  HON. BRITTNI BROWN Mayor/Councimember APPROVED ASTOE FORM:  ATTEST:  LEE N.. JONES, JR. Interim Town Clerk  JOHN LAURANCE REID Town Attorney  CODING: Deletions from existing language are strieken; additions are underlined.  5    RESOLUTION NO. 2023-06  A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GREENVILLE, FLORIDA, DETERMINING THE NECESSITY OF ACQUIRINGCERTAIN REAL: PROPEKIYLOCATED NORTH OFSW GRAND AVENUE, SOUTH OF SW ONSLOW STREET, EAST OF SW BROAD AVENUE, AND WEST OF US-221; DETERMING THE NECESSITY OF OWNING SUFFICIENT PROPERTY FOR OPERATING A GROCERY STORE FOR PUBLIC USE; PROVIDING FOR CONFLICTS, SEVERABILITY,AND EFFECTIVE! DATE.  WHEREAS, the Town of Greenville, Florida is a municipality with the right to exercise the power of eminent domain under the authority of Chapters 166, 73, and 74, Florida Statutes, and its governing body is the Town Council oft the Town of Greenville, Florida; and  WHEREAS, the Town Council of the Town of Greenville, Florida, is advised that it is necessary: and in thej public interest to expand its current construction ofa grocery store onj property located north of SW Grand Avenue, south of SW Onslow Street, east of SW Broad Avenue, and  west ofUS-221, hereinafter referred to as "project," and  WHEREAS, the project is hereby declared to be aj public purpose; and  WHEREAS, the' TownofGreenville, Florida does not currently have a grocery store within its municipal borders that can serve the citizens ofthe Town of Greenville, Florida and the general  public; and  WHEREAS, there is a great public need for the construction and operation oft the Project in order to provide the citizens of the Town of Greenville, Florida and the general public, the  services provided by a grocery store; and  WHEREAS, the Project will also promote gainful employment within the Town of WHEREAS, the Town of Greenville, Florida has located its line of construction and does intend, in good faith, to construct and operate the Project on and over thel hereinafter described real  Greenville, Florida and will enhance the aesthetic environment of the area; and  property; and  WHEREAS, it is necessary and in the public interest to acquire fee-simple title to certain WHEREAS, negotiations to acquire the necessary real property, and other necessary appurtenances have begun and will continue after this Resolution is adopted; however, due to possibility that these negotiations may fail and/or break down, it is therefore necessary and for a  hereinafter described real property for construction and operation oft the Project; and  public purpose to exercise the power ofeminent domain; and    WHEREAS, the Town of Greenville, Florida has determined a good faither estimate of  value based on a valid appraisal for each parcel described therein.  NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE SECTION 1.1 The foregoing findings are. incorporated herein by reference and made aj part SECTION:2." The Town Council ofthe' Town ofGreenville, Florida, ini regular session duly assembled, hereby finds it necessary and for a public purpose to construct, own, and operate the  TOWN OF GREENVILLE, FLORIDA as follows:  hereof.  Project.  SECTION3. The Town Council oft the Town of Greenville, Florida finds that construction and operation of the Project is necessary and for a public purpose by providing access to those services provided by a grocery store to the citizens of the Town of Greenville, Florida and the  general public.  SECTION 4. The Town Council oft the Town of Greenville, Florida finds it necessary and for a public purpose to acquire fee simple title to the real property described in Exhibit "A," attached hereto and incorporated herein by reference, hereinafter referred to as Parcel No. 00-00- 00-2049-001-000, in order to provide for fee-simple title to said property for construction and  operation oft the Project.  SECTION 5. The Town Council of the Town of Greenville, Florida finds that Parcel No. 0-00-00-2049-001-000 is necessary, and will be utilized, for construction and operation of the Project, whichi includes parking to accompany the grocery store currently under construction which will be for use by the general public as well as attendant utilities, sidewalks, drainage, parking,  ingress/egress, and/or landscaping.  SECTION 6. The Town Council oft the Town of Greenville, Florida hereby authorizes the Town Attorney to acquire fee simple title to the real property described as Parcel No. 00-00-00- 2049-001-000 together with all the appurtenances, easements, and restrictions of record and to file an action in the Circuit Court in the name of the Town of Greenville, Florida, exercising said Town' 's right of eminent domain, and toi file any and all pleadings andj papers in pursuance thereof,  including al Declaration ofTaking.  SECTION 7. The Town Council of the' Town of Greenville, Florida deems it necessary to take the title to said land described in Exhibit "A" prior to the entry of Final Judgment in the Eminent Domain proceeding herein authorized, pursuant to Chapter 74, Florida Statutes.  SECTION 7. All resolutions or part of] Resolutions in conflict with any of the provisions  oft this Resolution are hereby repealed.  2    SECTION 8. Ifa any section or portion ofa section oft this Resolution proves to bei invalid, unlawful, or unconstitutional, its shall not bel held to invalidate or impair the validity, force, or effect  ofany other section or part of this Resolution.  SECTION 9. This Resolution shall become effective immediately upon its passage and  adoption.  Following the reading oft the foregoing resolution, the Honorable  moved  that the foregoing resolution be adopted. The Honorable  seconded the motion  for its adoption.  The Honorable result was as follows:  put the question to a roll call vote, and the  Hon. Carl Livingston, Councilmember Hon. Calvin! Malone, Councilmember Hon. Kathleen Hamilton, Vice Mayor/Councimember Hon. Brittni Brown, Mayor/Counclmember  Voted: Voted: Voted: Voted:  PASSED AND ADOPTED by the Town Council oft the Town of Greenville, Florida, this  day of  2023.  APPROVED:  HON. BRITTNI BROWN Mayor/Couneilmember: APPROVED ASTOE FORM:  ATTEST:  LEE N.. JONES, JR. Town CEO/CFO  JOHN LAURANCE REID Town Attorney  3    ADDRESS: 1358SW GRAND STREET, GREENVILLE, FL32331  COUNTY: MADISON LEGAL DESCRIPTION:  LOTS FIVE (5) AND SIX (6) OF BLOCK "C", AS SHOWN BY MAP OR PLAT DRAWN BY MARSHALL AND LONG, CIVIL ENGINEERS OF MOULTRIE, GEORGIA, ENTITLED, "PARKVIEW SUBDIVISION HAYS ESTATE", GREENVILLE, FLORIDA, SAID MAP RECORDED INPUBLIC RECORDS OF MADISON COUNTY,FLORIDA, IN DEED BOOK30, PAGE498.  AND. ALSO:  LOT NUMBER SEVEN (7), BLOCK "C", PARKVIEW SUBDIVISION OF THE TOWN OF  GREENVILLE, FLORIDA. AND. ALSO:  A PARCEL OF LAND LYING WITHIN THE RIGHT OF WAY OF FIRST AVENUE NORTH OF BLOCK CPARKVIEW SUBDIVISION IN THE TOWN OF GREENVILLE, AS PER: MAP OR PLAT THEREOF RECORDED INI DEED BOOK: 30, PAGE 498, OF THE PUBLICI RECORDS OF MADISON COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ATTHEI NORTHEAST CORNER OFI LOT5, BLOCK' "C"C OF SAIDPARKVIEW SUBDIVISION,AND RUN NORTH 89 DEGREES 47 MINUTES 43 SECONDS WEST ALONG THE SOUTH RIGHT OF WAY OF FIRST AVENUE 1.33 FEET TO THE POINT OF BEGINNING, FROM SAID POINT OF BEGINNING CONTINUE NORTH 89 DEGREES 471 MINUTES 43 SECONDS WEST ALONG SAID RIGHT OF WAY61.OFEET, THENCE NORTH! 001 DEGREES 35 MINUTES 10 SECONDS WEST4.63 FEET, THENCE SOUTH 89 DEGREES 33 MINUTES 47 SECONDS EAST 61.0 FEET, THENCE SOUTHOODEGREES35MINUTES 10SECONDS EAST4.381 FEETTOTHE POINTOFBEGINNING,  CONTAINING .006 ACRE, MORE OR LESS.  140  131 119 059  13689  52 168  66 104  -  1344  31 1308 96 1304 ERees  137 1365  315  Approximate Representation Source: Madison County Property Appraiser  EXHIBIT "A"