CITY OF AVON PARK Highlands County, Florida CITY COUNCIL REGULAR MEETING February 10, 2025, 6:00 p.m. Council Chambers, 123E. Pine Street, Avon Park, FL This meeting will bel held in person at the above address. use code! 5993 3092787 No Password needed You are welcomet to attend via ZOOM, ify youy wish. To enter this meeting, you must use the ZOOM app and A. CALLTOORDER: 1. Invocation 2. Pledge of Allegiance 3. Roll Call 4. Matters Subsequent to Posting B. ROCAMATIONSSPICAL PRESENTATIONS: C.CONSENT AGENDA: (Any Councilmember may remove an Item on the Consent. Agenda and place it on the Action Agenda for 5. Minutes, January 18, 2025, Special City Council Meeting - (City Clerk, Christian Hardman) 6. Minutes, January 27, 2025, City Council Regular Meeting - (City Clerk, Christian Hardman) discussion following the Consent Agenda) 7. Ongoing Agenda Items Status (Danielle Kelly, City Manager) D. ACTION AGENDA 8. Ordinance 01-2025 Right-ofWay Regulation (Danielle Kelly, City Manager) 10. Ordinance 05-2025 Special Events (Danielle Kelly, City Manager) 11. Resolution 2025-03 Special Events Fees (Danielle Kelly, City Manager) 12. 3011 N. Twin Lakes Drive Utility Bill Waiver (Danielle Kelly, City Manager) 13. Leak Adjustment Policy (Melody Sauerhafer, Finance Director) 15. Strategic Plan for City of Avon Park (Danielle Kelly, City! Manager) 9. Ordinance 04-2025 Standard Procedure for Vacating Rights-of-Way and Easements (Danielle Kelly, City Manager) 14. License Agreement with Southwest Florida Water Management District (Danielle Kelly, City Manager) STAFF FPATS/ADMINSTRATON ATTORNEY UPDATES G. COUNCIL DISCUSSION/UPDATES: H. CITY MANAGER'S REPORT 16. Regular Updates from the City Manager PUBLIC PARTICIPATION ADJOURN: 17. The next City Council Regular Meeting is scheduled for Monday, February 24, 2025, at 6:00 p.m. Any person who might wisht to appeal any decision made by the City Council ofthe City of Avon Park, Highlands County, Florida, in public hearing or meeting is hereby advised that he/she will need a record of the proceedings, and for such purpose, he/she may needt to ensure that ay verbatim record of the proceedings is made which willi include the testimony and evidence upon which such appeal is to be based. Any person with disabilities requiring accommodations, in order to participate, should contact the City Manager prior to the meeting. Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: City Council Special Meeting Minutes, January 18, 2025 Item No.: C5 Placed on Agenda by: Christian Hardman, City Clerk Staff Review: Yes Attorney Review: N/A Recommended Motion(s): Move to approve the January 18, 2025 City Council special meeting minutes. Documentation: Background: N/A 1.. January 18, 2025 City Council special meeting minutes CITY OF AVON PARK Highlands County, Florida January 18, 2025, at 12:00 p.m. MINUTES OF THE CITY COUNCIL: SPECIAL MEETING A. OPENNG.CIO-120OPM4 Invocation: Councilmember McGuire 1. Pledge of Allegiance: Councilmember McGuire 2. Roll Call: City Manager, Danielle Kelly COUNCIL MEMBERS PRESENT: Member Brittany McGuire Member Berniece Taylor Deputy Mayor, Jim Barnard Mayor Garrett Anderson Member Shelly Mercure City Manager, Danielle Kelly COUNCIL MEMBERS ABSENT: STAFF PRESENT: B. SPECIAL BUSINESS- 3. Consideration of revised date for Martin Luther King Jr. Parade with street closure hosted by Mayor Anderson stated the only change for consideration is changing the date of the Martin Luther King. Jr. Parade, from January 19th to. January 20th. There were no questions or public MOTION: Councilmember Berniece Taylor, "TII make a motion to approve B-4, consideration to Southside Community Resource Center (Danielle Kelly, City Manager) participation. revise the date for the MLK Parade"; seconded by Deputy Mayor Barnard AYE: McGuire, Taylor, Barnard, Anderson ABSENT: Mercure NAY: Motion Passed: 4-0 J.ADJOURN: The meeting was adjourned at 12:02 p.m. ATTEST: CITY OF AVON PARK: Christian Hardman, City Clerk James Garrett Anderson, Mayor Page 1of1 Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: City Council Regular Meeting Minutes, January 27,2024 Item No.: C6 Placed on Agenda by: Christian Hardman, City Clerk Staff Review: Yes Attorney Review: N/A Recommended Motion(s): Move to approve the. January 27,2025 City Council meeting minutes. Documentation: Background: N/A 1. January 27, 2025 City Council meeting minutes CITY OF AVON PARK Highlands County, Florida January 27, 2025, at 6:00 p.m. MINUTES OF THE CITY COUNCIL REGULAR MEETING A. OPENNG.CTO-600PM 1. Invocation: Deputy Mayor Barnard 2. Pledge of Allegiance: Shirley Johnson 3. Roll Call: City Clerk, Christian Hardman 4. Matters Subsequent to Posting COUNCIL MEMBERS PRESENT: Member Brittany McGuire Member Shelly Mercure Member Berniece Taylor Deputy Mayor Jim Barnard Mayor Garrett Anderson COUNCIL MEMBERS ABSENT: STAFF PRESENT: City Attorney, Gerald Buhr City Manager, Danielle Kelly City Clerk, Christian Hardman Finance Director, Melody Sauerhafer Fire Chief, Andy Marcy Human Resources Director, Denise Koger Public Works Director, Jason Atkinson BROCLAMATOASSPIGAL PRESENTATIONS: 5. Proclamation for Ms. Clara Tolliver Boone (Mayor Anderson) exemplary service to the city and lifetime achievements. Mayor Anderson read aloud the Proclamation recognizing Ms. Clara Tolliver Boone for her Padrika Sheppard, at 305 Ernest E Sims Street, highlighted Ms. Boone's receipt of the award for "Teacher of the Year," Highlands County. She also was awarded "Outstanding Elementary Teacher of America.": Sheppard extended her appreciation to the council. Ms. Boone attributed 6. Employee Longevity Recognition - (Denise Koger, Human Resources Director/Safety & Risk all her services to God. She loves what she does. Manager) Page 1of9 Human Resources Director Koger distributed the awards for Employee Longevity Recognition, which included: Brett Bennett, Public' Works Mechanic, 1 year ofs service Jason Atkinson, Public' Works Director, 1 year of service Eddie Hipps, Solid Waste Driver, 21 years of service Johnathan Prevatte, Firefighter, 21 years of service Michael Turek, Firefighter, 21 years of service Lieutenant Jason Simmons, APFD, 26 years of service Charles Strickland, Facilities, 30 years of service Michael Wilbanks, Utilities, 38 years of service Lieutenant Allan Gibbons, Avon Park Fire Department (APFD), 20 years of service Mayor Anderson extended his appreciation fort the many years ofs service and dedication to the city. He said we cannot doi it without you. C.CONSENT AGENDA: 7. Minutes, January 13, 2025, City Council Regular Meeting - (City Clerk, Christian Hardman) 8. Ongoing Agenda Items Status (Danielle Kelly, City Manager) 9. December 2024 Financial Statements (Melody Sauerhafer, Finance Director) 10. Event Request: Without Borders/ Calvario Church Worship (Deli Alicea, Without Borders/Calvario Church) There were no comments or public participation. seconded by Deputy Mayor Barnard MOTION: Councilmember Shelly Mercure "I'll make a motion to approve the consent agenda"; AYE: McGuire, Mercure, Taylor, Barnard, Anderson ABSENT: None NAY: None Motion Passed: 5-0 D. ACTION AGENDA: 11. Ordinance 01-2025 Right-ofWay Regulation (Danielle Kelly, City Manager) City Attorney Buhr read the short title for Ordinance No. 01-2025, respectively. AN ORDINANCE PROVIDING FOR A PROGRAM OF REGULATION OF CITY RIGHTS OF WAY IN THE CITY OF AVON PARK; PROVIDING FOR PROHIBITIONS AND LIMITATIONS; PROVIDING FOR FRANCHISES; PROVIDING FOR PERMITTING WORKI IN THE RIGHTS OFI WAY; PROVIDING FORI FEES; PROVIDING FOR ENSURING INDEMNITY OF THE CITY AND INSURANCE REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Page 2of9 Scheduled for the Regular Meeting, February 10th, Kelly noted an upcoming ordinance related to regulations for special events. Rather than moving forward on Ordinance No. 01-2025, as presented, she suggested adding this section into the regulation for special event applications. Given that the special event ordinance applies to events that are larger in scope, Buhr thought it might be more suitable for it to remain in Ordinance No. 01-2025. Discussion turned to FDOT (Florida Department of Transportation) rights-of-way and rules implemented during the Pandemic. Kelly said Main Street is set to fall under city jurisdiction from FDOT. She figured it will When Councilmember McGuire inquired about business ownership oft the sidewalk-from the shop door, Kelly replied the sidewalk is generally regarded as a public right of way. Business owners do not possess it. Mayor Anderson clarified the C-4 (Commercial District) designation and its' "lot line to lot line" construction. Discussion continued about the benefits of taking over Main Street from FDOT, clarification on sales racks on sidewalks, ADA regulations, and needing uniformity in council actions related to items on the sidewalk. Mayor Anderson said the council Ina addition to changes to the next section on "sponsorships" for CRA activities, Councilmember McGuire suggested deleting the portion already noted. Specifically, removing "sponsored,"t to allow the council the ability to approve the event, without sponsoring it. Based on that reasoning, Mayor Anderson said the council would need to clear every event against sponsored ones (such as the Christmas Parade). Buhr considered the language to be helpful since the council sanctionsa Mayor Anderson asked if there was opposition to the recommendations, as discussed. Regarding the language "2 days in the spring, 2 days in the late summer," Councimemberlaylor: inquired why impose the restriction. Buhr said it is necessary; otherwise, business owners can have items (racks of clothing, tires, etc.) on the sidewalk all the time. Aesthetically, it is not attractive. Discussion continued about removing the provision and council's future consideration on whether MOTION: Councilmember Brittany McGuire "I'II make a motion that we approve Ordinance 01- 2025, with a change removing the clause providing for two days in the spring and two days in the later summer, and requiring it to be just a city council approval; I'd like to remove the word sponsored and base it on approved promotional events"; seconded by Deputy Mayor Barnard conclude within a year, maybe two. may define a schedule at a subsequent meeting. few events. to expand the ordinance. AYE: McGuire, Mercure, Taylor, Barnard, Anderson ABSENT: None NAY: None Motion Passed: 5-0 Kelly, City Manager) 12. Ordinance 04-2025 Standard Procedure for Vacating Rights-of-Way and Easements (Danielle City Attorney Buhr read the short title for Ordinance No. 04-2025, respectively. Page 3 of9 AN ORDINANCE OF THE CITY OF AVON PARK, FLORIDA PROVIDING FORASTANDARD PROCEDURE FOR VACATING RIGHTS-OF-WAY AND EASEMENTS; PROVIDING FOR A PETITION TO INITATE CITY ACTION; PROVIDING FOR REQUIRED INFORMATION IN PETITION AND PAYMENT OF CITY COSTS, WITH A DEPOSIT FOR CITY COSTS; PROVIDING FOR REVIEW BY CITY ATTORNEY AND OTHER CITY STAFF, OFFICIALS AND CONSULTANTS; PROVIDING FOR NOTICE TO ADJACENT PROPERTY OWNERS; PROVIDING FOR AN ORDINANCE NOTICE SPECIFIC TO THE CLOSING AND OTHER PROCEDURES; PROVIDING FOR RATIFICATION OF ALL PREVIOUS ORDINANCES AND RESOLUTIONS CLOSING ROADS, ALLEYS AND EASEMENTS; PROVIDING FOR RELEASE OF CITY RIGHTS TO THE ROAD, ALLEY, STREET OR EASEMENT, BUT DISCLAIMING ANY ASSIGNMENT OF SUCH RIGHT TO ANY SPECIFIC PERSON, BUT ONLY ACCORDING TO LAW; PROVIDING FOR CODIFICATION, REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS BUT PRESERVING AND RATIFYING PREVIOUS ROAD, ALLEY AND EASEMENT CLOSING ORDINANCES AND RESOLUTIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR: SCRIVENER'S ERRORS, AND PROVIDING AN EFFECTIVE DATE. Kelly summarized Ordinance No. 04-2025 saying the city lacks a uniform policy for clearing rights ofv way. These regulations all seek to satisfy the city's deposit requirement so that taxpayer funds are not used to pay for these services. The city will use the deposit for legal examination, land survey verification, and sO on. Mayor Anderson mentioned Section 86-116, Item No. 88-5; he highlighted the clause including a 3'x3 3' sign. Mayor Anderson asked whether the given measurement is a statutory requirement. Buhr said the council has the power to vary the size, for example, making the sign 2'x2'. Councilmember McGuire believed 18" x2 24" is standard, to which MOTION: Deputy Mayor Barnard, "II make a motion we approve item D-12, for Ordinance No. 04-2025, with the change of the sign to 18", x24"; seconded by Councilmember Shelly Mercure Mayor Anderson said it is the same as a yard sign. AYE: McGuire, Mercure, Taylor, Barnard, Anderson ABSENT: None NAY: None Motion Passed: 5-0 13. RFQ 24-16 Professional Design Services related to Wastewater Treatment Plant Improvement Public Works Director Atkinson went over the details of a request for qualifications (RFQ) for professional design services related to the wastewater treatment plant improvement project. The objective is to lower the phosphoric and nitrogen discharge levels set under an Administrative Order from the Florida Department of Environmental Protection (FDEP). He detailed the responses received; for which hei is recommending Kimley-Horn. Buhr stated he did not know of an Administrative Order against the city; to which Atkinson responded, reiterating the importance of moving forward with the project. Discussion continued about the city's application for the State Revolving Fund loan (SRF). The State Revolving Fund would be for a forgivable loan of $1.28 million. Deputy Mayor Barnard " So Moved" on Mayor Anderson's inquiry whether there isa MOTION: Deputy Mayor Barnard, "So Moved" to approve RFQ #24-16 to Kimley-Horn and Project (Jason Atkinson, Public Works Director) motion to approve RFQ# 24-16 to Kimley-Horn and Associates. Associates; seconded by Councilmember Berniece Taylor Page 4 of9 Councilmember Mercure requested clarification on the bid opening process, whether bidders are required to be in attendance, to which Kelly responded no, they are not. AYE: McGuire, Mercure, Taylor, Barnard, Anderson ABSENT: None NAY: None Motion Passed: 5-0 14. Auction Avon Park Fire Department's Old Brush Truck (Andy Marcy, Fire Chief) Fire Chief Marcy detailed mechanical issues with the older brush truck for which administration's goal is to have it removed from the premises. Councilmember Taylor asked if the vehicle was operational, to which Marcy responded. Marcy said he contacted other cities, but there was no interest in the vehicle. She inquired ifi it could be traded, to which Marcy said previous trade-in efforts had been made; however, ini this case it was not explored because of steering and engine problems. Discussion continued on the possibility of a financial return from auctioning versus MOTION: Councilmember Shelly Mercure, "Imake a motion to approve D-14, for the disposal of trading it in. Vehicle No. B-5"; seconded by Councilmember Berniece Taylor AYE: McGuire, Mercure, Taylor, Barnard, Anderson ABSENT: None NAY: None Motion Passed: 5-0 Deputy Mayor Barnard addressed Atkinson, noting that the city appears to have a large number of used vehicles, particularlygarbage trucks, that are not in operation. He asked if they were worth saving for parts ori if they could be sold at auction, to which Atkinson replied. 15. Utilities Angel Fund (Danielle Kelly, City Manager) Kelly reviewed a previous discussion (November 18th Regular City Council meeting) about the creation ofa a Utilities Angel Fund. She presented data on "means-based programs,"which provide financial assistance based on demographic information such as annual income, household size, and special needs. The goal is to help citizens in need who have passed a "needs test." Avon Park has a median household income of $36,845. Consider the Florida state median income; 60% of the median is $72,200. This is an example of a needs test. A qualifying household would need to earn $43,320. Kelly suggested another test: consider 150% oft the Federal Poverty Level, which is based on household size. A single-family income of $15,650 is considered poverty-level, so at 150%, an applicant would need to earn $23,475 to qualify. An alternative to the "means-based" model would require the city to collaborate with a non-profit organization, such as Habitat for Humanity Mayor Anderson inquired about how the funds would be raised, to which Kelly explained the donation process and the option to round up utility payments for customers who chose to participate. Deputy Mayor Barnard asked about how that works with automatic payments. Finance Director Sauerhafer stated that she would need to look into it. Councilmember Taylor- or the Heartland Coalition for the Homeless, to qualify applicants. Page 5 of9 inquired whether it would work the same for cash payments, to which Kelly replied yes. Mayor Anderson asked about the module's monthly cost, which she confirmed as $50. He: stated that the council would need to consider how much funding would be generated through the program. It's The number of utility accounts int the city, the program's goal, whether the city could perhaps donate $600 instead of paying for the module, and the recent increase in water rates were all explored. Councilmember Mercure expressed concern that if the city pays a little more to operate Mayor Anderson stated that it could bei implemented on at trial basis. Councilmember Mercure inquired how many times ay year someone could apply. Kellys stated that the council will have to decide. Councilmember Taylor expressed her support fort the program. She asked Kelly what her estimate was for the number of donations that could be generated. Kelly stated that with 7,000 customers, donating $0.10 per customer (monthly) would generate $700. The discussion of who Councilmember McGuire clarified that the term' "utility" only refers to city water and sewer bills. She described how federal programs that use a similar model qualify applicants. Councilmember Mercure stated that Duke Energy refers customers to at third party or provides al list of non-profit organizations that can assist. Deputy Mayor Barnard noted that the Church Service Center helps the community with utility bills. Mayor Anderson asked the council if they wanted to tryi it fora Kellyi inquired whether the council would like to set al limit on the number oft times a person can receive assistance. Mayor Anderson did not believe it should be more than once a year, and Deputy Mayor Barnard agreed. Councilmember McGuire suggested similar programs be considered; often, iti is allowed once per year. The amount and frequency with which a person can Councilmember Taylor proposed a maximum of three months of utility payments per applicant. Deputy Mayor Barnard agreed, prompting Councilmember McGuire to ask ift the council should consider extending the period beyond one year. Kelly proposed a lifetime cap per applicant. Councilmember Taylor was opposed to granting a lump sum payment, such as $750, because it Councilmember McGuire stated that the majority of the programs she researched had a lifetime assistance limit of $750. Applicants cannot qualify for assistance more than once per year. They would receive no more than $150 per year, with al lifetime cap of $750, which Councilmember Taylor approved. Councilmember McGuire stated that she supported qualifying at 150% oft the federal poverty level. Mayor Anderson asked if there was any opposition, whicht there was none. Councilmember McGuire proposed that the applicant must be the one responsible for the utility account, which was agreed upon. Deputy Mayor Barnard requested information on how the city handles deposits that have been on file for more than 20 years, to which Sauerhafer responded. The discussion continued about the city's utility deposits and procedures, as well as the guidelines for the Utilities Angel Fund as it relates to landlords. Kelly agreed to return a policy to difficult to estimate. the module, the recent rate increases will deplete the fund. can donate continued. year, and there was unanimous support. receive assistance were discussed further. prevents others from receiving assistance. the council for consideration. Page 6 of9 16. Regional Boards and Committee Assignments (Danielle Kelly, City Manager) Mayor Anderson summarized the discussion at the. January 13th Regular City Council meeting. The decision was postponed due to council member absences. Deputy Mayor Barnard stated that he serves on too many boards. He inquired whether a council member would bei interested in serving on the Heartland Regional Transportation Planning Organization (HRTPO) board. The discussion continued about individual councilmembers' ability to serve on this board and the HRTPO's responsibilities. Mayor Anderson offered to serve on the HRTPO board. Councilmember Mercure Deputy Mayor Barnard expressed an interest in serving as an alternate on the Planning and Zoning Board. There was no objection to his request. Councilmember Taylor has agreed to serve as an alternate for the CRA Advisory Liaison and the Avon Park Housing Authority. The schedule and locations of the Agriculture and Labor Program (ALPI) meetings were discussed further. Councilmember Mercure agreed to serve as ALPI's alternate. Mayor Anderson inquired whether Atkinson serves on the Recreation and Parks Advisory Committee (RPAC), to which he replied. Mayor Anderson stated that he believed he had been removed from the board in place of MOTION: Councilmember Shelly Mercure, "T'II make the motion to approve the changes that agreed to continue serving as an alternate. Atkinson, to which Atkinson replied yes. were discussed"; seconded by Deputy Mayor Barnard AYE: McGuire, Mercure, Taylor, Barnard, Anderson ABSENT: None NAY: None Motion Passed: 5-0 E. STAFF UPDATES/ADMINISTRATION: None . ATTORNEY UPDATES: None G. COUNCILI DISCUSSION/UPDATES: None H. CITY MANAGER'S REPORT: 17. Regular Updates from the City Manager Kelly reported that Culver's will hold its grand opening on February 3rd at 10:00 a.m. Atkinson gave an update on the: status of the pickleball courts. His update included discussions with Cool and Cobb about design, a conceptual plan, and ai formal proposal. A General Contractor will Chris Downie, of 103 W Pleasant Street, expressed gratitude to the council and staff. Het thanked Councilmember Mercure for her questions about the Shuffleboard Courts (during the. January 13th Regular City Council meeting). Members oft the club are pleased with their progress. Councilmember Mercure requested. an update on the mold in the kitchen, to which Downie inevitably be hired to install the structure. responded. Page 7 of9 PUBLICF PARTICIPATION Becky Mumm of 445 SE Snead Circle wanted to comment on the sewer rate increase under Ordinance No. 12-2024. The rates were set on November 1, 2024. Mumm noted the bills only covers the first 3,000 gallons used. Anything over 3,000 gallons is charged $6.50 per 1,000 gallons extra. It creates at financial burden for residents. Mumm presented statistical data on the poverty rate in Avon Park. She questioned Kelly about the current poverty rate and how it compares to other municipalities. Mumm hoped it was considered when raising sewer rates. Kelly provided detailed recommendations (which were included in a formal study) by the Florida Rural Water The city's application for forgivable loans, grant funding to cover upgrades, and repairs to the Wastewater Treatment Plant and Lake Tulane Lift Station projects were discussed further. Mumm was concerned the rate increase is placing al burden, given the potential for grant funds. She asked the council to consider reviewing and possibly amending the increase. Mumm noticed that her October bill was invoiced at the higher November rate. Staff have agreed to make the correction. Mumm had previously asked for statistical data, which Kelly supplied. She mentioned that the city isworking on a project that will cost between $40 and $50 million to build a new water treatment plant. The facility cannot be built with utility funds alone. Customers who use less water will pay less under the new rate, according to Deputy Mayor Barnard. Low-income households benefit from it. According to Buhr, the council approved the lower end of the range of rates that the FRWArecommended. Recovering costs that rise yearly is the aim. The General Fund (taxpayer funds) willl have to make up the difference if the city is unable to recover costs. The operation The council's point was acknowledged by Deborah Davis of 706 W Winifred Street, but homes with four or more occupants are impacted. The city is impoverished and not thriving. She questioned the council about how they view the populace. Sewer charges increased to $121 on her most recent bill. In addition, her water meter isn't working. The most recent bill, which shows consumption of 14,000 gallons, is $168, while the current and previous reads are: zero. "How is this possible?" she asked. Sauerhafer described the starting balance and meter replacement. It will be necessary to manually read the meter. Atkinson concurred, stating that technicians will assess her usage following the first month of replacement and make any necessary: adjustments based on When Davis inquired about whether she should keep paying the bill as it was invoiced, Sauerhafer asked Davis to geti int touch with her to confirm the amount she should pay. According to Mayor Anderson, the bill will be prorated based on three months of actual usage. We'llaverage the new meter readings over the course oft the upcoming months. Ift there is a mistake, staff will use it from Atkinson and Kelly responded to Councilmember Taylor's request for an update on Memorial Drive. Councilmember Mercure asked if a safety arm was installed at the Bell Street railroad- crossing, to which Atkinson said the base was installed. He went on to describe the CSX-caused Association (FRWA). would have to be subsidized by non-utility customers as a result. the average. 14,000 gallons is unusual, he said. the prior months. sidewalk repairs at the site. Page 8of9 J.ADJOURN: The meeting was adjourned for 7:16 p.m. ATTEST: CITY OF AVON PARK: Christian Hardman, City Clerk James Garrett Anderson, Mayor Page 9 of9 Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: Ongoing Agenda Items Status Item No.: C7 Placed on Agenda by: Danielle Kelly, City Manager Staff Review: Yes Attorney Review: No Recommended Motion(s): Move to receive and file the report or take any other action deemed appropriate by the City Council. Documentation: N/A Background: From time to time staffis directed toj pursue different projects at the City Council meetings. While the projects are ongoing, there may not be a need for an official action tol be taken. However, itis important to keep Councilmembers and the public informed as to the status of these projects. To that end, going forward, this agenda item will appear on each regularly scheduled Council meeting agenda under the Consent Calendar. New information will be presented in bold face type. Once aj project is completed, it will be removed from the Ongoing Agenda Item Updates staff report. At the October 14, 2024 City Council meeting Ordinance No. 12-2024 was introduced. The ordinance, in part, proposed changes to water and wastewater impact fees also identified as capacity fees. After a lengthy discussion, staff was directed to pursue a revised Water and Wastewater Impact Fee Study with Florida Rural Water Association (FRWA). FRWA will conduct the study for $4,000. Theofferl letter was approved by City Council on December 9, 2024. A check was issued the week ending January 24th and a kickoff meeting for the study will be scheduled shortly thereafter. Staff is working with FRWA providing requested information such as any additions/modlifications to thewaterand wastewater plants, pipes, storage tanks, Water and Wastewater Impact Fee Study and lift stations since the last study was prepared. Utility Angel Fund At the November 18, 2024 Council meeting, staff proposed implementing a Utility Angel Fund to assist residents in at time ofi need. To that end, staff has identified a module through Invoice Cloud that allows seamless donations through their online payment, if they choose to contribute. The cost of the module is $50/month. Staff is also researching how other jurisdictions define their needs based assistance parameters. At the January 27, 2025 Council meeting, direction was given to staffr regarding the metrics for qualifying for the Utility Angel Fund. Staffisdrafting the policy and will present it at the February 24th Council meeting. Fire Station Hardening Grant On May 13, 2024 Cobb Construction was awarded the ITB #24-07 Fire Station Hardening Grant Construction Bid in the amount of $659,247.07. On December 6, 2024 a change order was submitted and approved by the City Manager in the amount of$20,208.90. Additional work being performed under this change order includes replacing the existing non-impact store front door, side light and transom system as well as pressure wash and paint the building. This change order amount is within the $25,000 scope of authority for the City Manager's signature. However, staff believed it prudent to notify City Council since the change order is close to the approving threshold. It should be noted the City was originally awarded $894,087 in CDBG grant funds. This anticipated project completion date is end of] February. Utility Billing Update Thel Financel Directori is working 3 days a weeki int the utility billing department tol better understand the issues and assist staff with catching up on the backlog ofbills. It was discovered when the new rates were entered into BS&A the option to select prorate was not checked. Therefore, sincel Route 10 (the largest group of bills) had a billing cycle of10/1/24 - 11/1/24 they were billed with the new rates (effective 11/1) for the entire month. Approximately 3,015 customers were impacted. To date, over 1,000 accounts have been adjusted with an anticipated completion date of January 31st. Public Works is also defining a grid system for the City and will check every meter for operability. Sebring's utility billing personnel will be onsite 1/23/25 to assist staff with maximizing the utility billing function in BS&A to ensure iti is operating correctly. On February 5, 2025, the Utility Billing Supervisor resigned her position effective immediately. The Finance Director is now working 5 days a week in the utility billing department until a replacement is found. The: 3,015 customeraccounts (Route 10) impacted by the billing error related to the new rates have been adjusted. It was also discovered that Route 74 billings should have been prorated as well; 2,770 additional customer accounts need to be adjusted. The Finance Director has authorized overtime for staff to make these adjustments. BS&A iss scheduled to provide additional training to staff of the utility billing department. Shuffleboard Court Status The demolition is complete and the shuffleboard courts are back in use. On February 3rda purchase order was finalized to design the roof replacement and new footers required for construction. Final plans will be ready for bid in 3 weeks. Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: Ordinance 01-2025 Right-of-Way Regulation Item No.: D8 Placed on Agenda by: Danielle Kelly, City Manager Staff Review: Yes Attorney Review: Yes Recommended Motion(s): Move to approve an Ordinance providing fora a Program ofRegulation of City Rights of Way in the City of Avon Park; providing for Prohibitions and Limitations; providing for Franchises; providing for Permitting Work in the Rights of Way; providing for Fees; providing for Ensuring Indemnity ofthe city and Insurance Requirements; providing for Inclusion int the Code; providing for Severability; and providing for an effective Date. Documentation: 1. Ordinance 01-2025 Right-of-Way Regulation 2. Business Impact Estimate Background: Issued by a governing body, a right-of-way permit legally authorizes an individual or business to perform work or occupy a portion of public land, such as a utility corridor, sidewalk or street. Common examples of uses allowed by right-of-way permits include construction, utility installation or sidewalk cafés. Ordinance 01-2025 stipulates regulations and safety standards necessary to adhere to while in the public right of way and establishes fees associated with obtaining the permit. Additionally, penalties for violating Ordinance 01-2025 are enumerated. Due to the increase in construction in Avon Park, it is now timely to codify right-of-way regulations and establish procedures for obtaining a right-of-way permit. The changes requested by Council at the January 27, 2025 meeting were made by legal counsel and are reflected in the attached Ordinance 01-2025 ORDINANCE 01-2025 AN ORDINANCE PROVIDING FOR A PROGRAM OF REGULATION OF CITY RIGHTS OF WAY IN THE CITY OF AVON PARK; PROVIDING FOR PROHIBITIONS AND LIMITATIONS; PROVIDING FOR FRANCHISES; PROVIDING FOR PERMITTING WORK IN THE RIGHTS OF WAY; PROVIDING FOR FEES; PROVIDING FOR ENSURING INDEMNITY OF THE CITY AND INSURANCE REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Avon Park, Florida is a duly incorporated municipality under the laws of the WHEREAS, due to increased development activity and increasing circumstances where persons seeking to work within the city's right of way are either asking for an agreement to work in the right of way or they proceed without requesting permission for working in the right of way; and WHEREAS, the city Council has considered the liability, damage, and future problems associated with persons working in city rights of way without rules or direction; and WHEREAS, the City has determined that the petition bears the necessary authorization of the WHEREAS, the City of Avon Park, Florida, has the authority to establish code for regulation of WHEREAS, the City of Avon Park, Florida deems it to be in the best interest of the citizens of the City of Avon Park, Florida, and public health, safety and welfare of the public using the rights of way. NOW,THEREFORE, BE IT ENACTED BY1 THE CITY COUNCIL OF THE CITY OF AVON PARK, FLORIDA; SECTION 1. ADDITION OF RIGHT-OF-WAY REGULATION CODE. The following are additional State of Florida; and owners oft the real property; and rights of way under sections 316.006 and 316.008 Florida Statutes; and provisions to Chapter 86 adding right-of-way regulation code. ARTICLE IV. REGULATION OF RIGHTS-OF-WAY Sec. 86-65.Title. Code." This Article shall be known and may be cited as the "City of Avon Park Right-of-Way Regulation Sec. 86-66. Purpose. The cityrecognizesi thatvehicle and pedestrian traffic are vitalt to the operation oft the city. Protection of these rights of travel and the infrastructure that supports these activities is a priority for the city government and for the citizens of this community. Therefore, it is necessary in the interest of the public health, safety and welfare to regulate the use of the streets and sidewalks of Avon Park. Sec. 86-67. Applicability. The provisions of this Article shall applyt to the rights-of-way: and anyi improvements thereon and any work or activity thereon within the corporate limits of the city, unless they are expressly exempted by law. Page 1of12 Sec. 86-68. Requirement of a franchise. (a) No person shall use any public rights-of-way to provide any services, including, but not limited to, electrical and gas services, but excluding any communications service, unless a franchise has first been obtained by the person. Such franchise shall not take the place of any other license or permit (b) Any franchise granted hereunder shall be granted pursuant to an ordinance duly adopted by thecity (c) Any franchise granted hereunder shall allow the franchise holder to lease, construct, operate, maintain, repair, rebuild or replace the franchise holder's facilities within the public rights-of-way, subject to the terms of the ordinance adopted by the city granting the franchise and all other (d) As compensation and consideration for the use by a franchise holder of the public rights-of-way for the construction, operation, maintenance and repair of a route for the provision of such services, franchise fee shall be imposed. The fee is in addition to any other fee that may be lawfully imposed (e) All franchise documents shall provide for sufficient indemnification and insurance provisions to protect the City from liability and defense costs for events that occur while franchisee is workingi in which may be legally required oft the person to conduct such al business. pursuant to the terms of the City Charter and general law. applicable requirements of this Code. pursuant to applicable law. the City. Sec. 86-69. Definitions. shall have the following meanings: For the purpose of this Article, certain abbreviations, terms, phrases, words and their derivatives Cable service means the transmission of video, audio, or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of any such programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one (1) or more other providers of communications services. The term includes point-to-point or point-to-multipoint distributions services by which programming is transmitted or broadcast by microwave or other equipment directly to the purchaser's premises but does not include direct-to-home satellite service. The terms includes basic, extended, premium, pay-per-view, digital, and music services. Citymeans the Cityof Avon Park, Florida. Code enforcement officerr means ani inspection and enforcement officeroft the Citycode enforcement department, the City's Building Officer as an employee or by contract or appointment the Sheriff's Office, ora any other person contracted or appointed byt the Cityt toi inspect and enforce City Codes. FDOT means the Florida Department of Transportation. Information. service means the offering ofac capabilityfor; generating, acquiring, storingtransforming. processing, retrieving, using, or making available information via communications services, including, but not limited to, electronic publishing, web-hosting service, and end-user 900 number service. The term does not include any video, audio, or other programming service that uses point-to-point or point-to- multipoint distribution by which programming is delivered, transmitted, or broadcast by any means, including any interaction that may ber necessary for selecting and using the service.regardless: of whether the programming is delivered, transmitted, or broadcast over facilities owned or operated by thes selleror another,or whether denominated as cable service or as basic, extended, premium, pay-per-view, digital, music, or two-way cable service. Page 2of12 License means a city business taxi receipt. Modular news rack means a connected grouping ofa atl least two (2)pockets withinas singler news rack in or upon, or projecting onto, or over, any part oft the publicright-of-way: and which is bolted directlyto concrete surface, installed or used for the display,sale or distribution of newspapers, other periodicals or News rack means an unstaffed, self-service, free, or coin-operated box, container, storage unit or other dispenser located in or upon, or projecting onto, or over, any part of the public right-of-way, and which is installed, used or maintained for the display, sale, or free distribution of newspapers and other Owner means the person to whom a permit or license shall bei issued, for example, toi install, operate Permit means an official document authorizing performance of a specific activity regulated by this Public Works Director means the director of the City public works department, or designee. Provider means any person that places or seeks to place communications facilities in the public rights-of-way or uses ors seeks to use communications facilities placed ort to be placed in the public rights- advertising circulars. publications. News rack includes modular news rack. and maintain trash receptacles upon the sidewalks oft the city. Article. of-way by another person, to provide communications services. PSCr means the Florida Public Service Commission. Public rights-of-way means the roads, streets, alleys, highways, waterways, bridges, sidewalks, and other ways or places of whatever nature, including the space above, on, at or below such rights-of-way, that are owned by the city, publicly held by the city, dedicated to the city, or otherwise controlled by the city, for public use and presentlyopened or tol be opened for public use,including vehicular and pedestrian Sidewalk café means an outdoor dining area dogarstauantsatd onar public street (which is.public through dedication or easement) or public right-of-way that provides waiter or waitress service and contains readily removable tables, chairs or railings, and is open to the air, except that it may have Trashreceptacle meansan movable receptacle,suitable forthe deposit oftrash, located upona public movement. retractable awnings or umbrellas, or other nonpermanent covers. sidewalk oft the city. Sec. 86-70. Administrative authority. The provisions oft this Article shall be administered by the Public Works Director and enforced by the Public Works Director or City code enforcement officer. Whenever the term "Public Works Director" is used herein, it shall include any lawfully appointed designee. Sec. 86-71. Alternate materials and methods of construction. The provisions of this Article are not intended to prevent the use of any material or method of construction not specifically prescribed by this Article.provided such alternate has been approved bythe Public Works Director. The Public Works Director may approve any such alternate, provided he finds, based on engineering consultation, that the alternate for the purpose intended is at least the equivalent of that prescribed in this Article in quality, strength, effectiveness, fire resistance, durability and safety. Page 3 of12 The Public Works Director shall require that sufficient evidence or proof be submitted to substantiate: any claim made regarding the alternate. If these criteria are not met, the official shall deny the request. Sec. 86-72. Obstructing or blocking streets. It shall be unlawful for any person to block or obstruct any street in the city for more than five (5) minutes at any one (1) time. After five (5) minutes and no greater than one (1) hour, at least two (2) flaggers must be used. Any blockage or closure of a lane for greater than one hour requires a Right-of- Way Permit issued by the Public Works Director or designee. For State, County, or major roadways as determined by the Public Works Director or designee, a Certified MOT Plan shall be submitted with the Right-of-Way Permit application. Sec. 86-73. Emergency repairs, etc. The provisions of this Article are not intended to prevent emergency repair or restoration of public services or facilities necessary in the protection of the health, safety and welfare of the citizens and property of the community. The repairing utility or entity shall, however, contact the city Public Works Director within 24 hours of the commencement of the emergency repairs to provide information about the repair, and apply for an after-the-fact permit if required as determined by the Public Works Director. Sec. 86-74. Barricades, MOT,etc. Whenever any street, sidewalk or wayi is blocked or obstructed by excavations, injury or other cause, itshall be properly barricaded and warning given at night byr red lights properly placed, all at the expense oft the person or party creating the condition. Allwork int the city'srights ofy way shall conform to the FDOT Maintenance ofTraffic eMOlrequirements. and installation of the MOT shall be performed byap person trained by a FDOT-approved training provider, and certified. Sec. 86-75. Placing injurious articles on streets, etc. It shall be unlawful for any person to throw, place, deposit, distribute, or leave on any sidewalk, street, playground, park or other public place any bottle, broken glass, tacks, nails or any sharp or pointed thing or substance, or any other thing or substance likely to pierce, cut or damage any person or vehicle using such beach or public place. Sec. 86-77. Improper use of sidewalks. Itshall be unlawful for any person to congregate, ride, or drive upon or otherwise obstruct, block injure or remove any public sidewalk except as duly authorized or sanctioned by this Code, any lawor Sec. 86-78. Construction of driveways, sidewalks, curbs, culverts, etc., permit required. ordinance of the city. Itshall be unlawful for any person to install, construct, repair, or cause to be installed, constructed or repaired, any sidewalk, driveway, driveway approach, curb, curb and gutter or culvert pipe on any public street or rights-of-way, or altera anydrainage culvert or ditcho onanynghtsolwarnine citywithout first obtainingapermit so to do from the Public Works Director. Sec. 86-79. Driveway level. All driveway entrances from any street in the city leading into any building or lot adiacent to the street shall conform to the sidewalk levels as fixed by the Public Works Director. Page 4of 12 Sec. 86-80. Removal of curbing at radius prohibited. No curbing within the radius on the corner of street intersections within the city limits shall be removed or altered. Sec. 86-81. Commercial use of sidewalks prohibited, exception. (a) The use of the public sidewalks ini the city for the purpose of displaying, exhibiting, storing, packing or unpacking, offering for sale or selling goods, wares or merchandise, is hereby declared to be a public nuisance, injurioust to the peace, welfare and safetyof citizens of the cityand as suchi is hereby prohibited and declared to be unlawful; provided, however, that, the city council may by a special permit allow eity-wide sidewalk promotions erw92-4MSRtREPRE3REee late-summer. The use of the public sidewalks shall be subiect to such restriction and regulation as the citycouncil deems desirable for the peace, welfare and safety of the citizens and to allow orderly (b) The use of the public streets and sidewalks within the CRA district may be used approved byt the CRA inc conjunction with Main-Street CRA approved and-spensered prometional events n-adéition-tethe premetiensprevidedorinswBseetentalabeve. The use of the public streets ands sidewalks shall be subiect to such restrictions and regulations as the Public Works Director shall deem desirable fort the use oft the sidewalks by the public. peace, welfare and safety of the citizens. Sec. 86-82. Applications, documentation. (a) Any person legally entitled to apply for and receive a permit under the provisions of this article shall make such application in writing to the city on forms provided for that purpose. Every applicant for ap permit shall give a description oft the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The city may require engineered plans, specifications or drawings and such other information as it may deem necessary and pertinent prior to the granting of a permit. Ift the city determines that the plans, specifications, drawings, descriptions or other information furnished by the applicant is in compliance with city code, therulesand regulations of any city departmentglhaving jurisdiction and any other laws,rules and regulations pertaining to work proposed to be done, it shall issue the permit applied for upon payment of the required $400 fee. The approved Right-of-Way Permit shall be onsite when work is being performed. A permit extension request submitted at least three (3) business days prior to the expiration of the Right-of-Way Permit may be granted by the Public Works Director or designee without a fee being charged. Right-of-Way Permits are valid for 90 days and may only be extended one time upon approval. Blanket Right-of-Way Permits will not be issued for road or lane closures (b) The order, sequence and prerequisites for making applications shall be as designated by the official. (c) All permits shall include general permit requirements as well as project specific requirements. All permits shall contain a general permit requirement that the permittee indemnifies the city against all liability caused by the permittee including city attorney fees through appeals, and the indemnification to survive the permit termination, and the indemnification shall not be considered (d) Permits mayo contain a specific permit requirement that the permittee provide ample insurance for the project, proven by a certificate of insurance acceptable to the city, that covers the that are not time specific. awaiver of the city's sovereign immunity. Page 50 of12 indemnification, makes the city a named insured, with 30 days' notice of termination, and waives subrogation against the city. The permit requirement wills state that the requirement for insurance does not waive the city's sovereign immunity. The Public Works Director shall evaluate the size of the proiect and possible liability in determining whether to impose an insurance specific permit requirement, and ifi imposed, how much insurance shall be required. Sec. 86-83. Fees-City council to establish. Sec. 86-84. Same-Types enumerated. Fees may be charged for the following: (1) Vacating streets and alleys petition; (2) Permit issuance; (3) Reinspection; The city council shall have the authority to set fees authorized by this ordinance by resolution. (4) Interest for certificates of indebtedness: (5) Application for bench permit: (6) Annual renewal for bench permits; (7) Sidewalk café permit; (8) Sidewalk café permit renewal; (10) Modular news rack permits. Sec. 86-85. Permit types. (a) Driveway permit. (9) Right-of-way permit for guardhouses and/or gates; (1) Required for: Installing or relocating driveway aprons and/or curbs between private property line and street pavement, and associated drainage culverts or ditches, as applicable. (2) May be issued to: Owner, contractor or agent. (3) Scope of work: Forming and pouring asphalt or concrete, the placement of bricks or stone, and sizing and proper installation of culverts and ditches in accordance with approved plans and specifications. (b) Right-of-way permit-Mointenonc: (1) Required for: Performing utility maintenance activity which causes any obstruction or redirection of normal traffic flow in excess oft the following time periods: Collector:maior or minor arterial: One (1)h hour. Local streets: One (1) hour. (2) May be issued to: Certified/licensed contractors; utility companies. (3) Scope ofwork.Maintenance of traffic ("MOT") flow ina accordance with this Code and state law. (c) Right-of-way permit-New construction. Page 6 of12 (1) Required for: Performing utility construction activity which causes any obstruction or redirection of normal traffic flow for more than one (1) hour. (2) May be issued to: Certified/licensed contractors: utility companies. (3) Scope ofwork: Obstruction or redirection of traffic flow in accordance with this Code and state law. (d) Right-of-way permit: miscellaneous structures. (1) Required for: Installing or relocating miscellaneous structures on city right-of-way between the private property line and the street pavement. (2) May be issued to: Owner, contractor or agent. approved plans and/or departure specifications. activities associated with residential uses. (1) Required for: Operation of a sidewalk café. (3) Scope of work: Placement of miscellaneous structures on the right-of-way in accordance with (4) Not required for: Installing, repairing, or relocating mailboxes, irrigation pipe, or other similar (e) Sidewalk café permit. (2) May be issued to: Any person meeting the requirements for a sidewalk café contained in this Article. (3) Scope of work: Operation of a sidewalk café. Sec. 86-86. Installations in right-of-way. (a) Itis unlawful for any person, public or private utility or any other governmental agency or contractor to excavate, dig, blast or tunnel or to place, construct or install any facilities, structures and objects such as utility lines, telecommunication cables, culverts, etc., within any public street, alley or other right-of-way in the city unless application shall first be made to and a written permit obtained from (1) Installation of trees or shrubbery which will not grow to a diameter in excess of twenty-four (24) inches when installed by public or private utility work crews, provided that said installations meet minimum state and federal design standards, related to roadside recovery areas, minimum site triangles and the Americans with Disability Act requirements, including amendments thereto, as said standards and requirements are adopted herein; (2) Installation of gas, water, sewer, electric or telephone service connection lines not including underground main feeder lines parallel to the street, when installed by public or private utility work crews which are subject to all conditions specified in this Code. (b) Itisunlawfuli for anyperson, public or private utility or any other governmental agency or contractor working for the same to excavate, dig, blast or tunnel or to place, construct, repair or install any driveway, curb sidewalk or culvert within any public street, alley or other right-of-way in the city, unless application shall first be made and a written permit obtained in advance of beginningwork (c) It is unlawful for any person, public or private utility or any other governmental agencyorany contractor working for the same to excavate, dig, blast or tunnel for the purpose of repairs or maintenance of any existing facilities within any public street, alley or other right-of-way in the city. unless application shall first be made and a permit for the repairs or maintenance obtained in the Public Works Director or designee, except under the following conditions: Page7of12 advance of beginning work; provided, however, there is hereby excepted from this requirement public or private utility work crews which are subiect to all conditions specified in this Article when accomplishing the following work: (1) Removal, replacement or relocation of trees; (2) Repair, cleaning or replacement of gas, water, sewer, electric or telephone service connection lines, not including underground main feeder lines parallel to the street; (3) Raising manhole covers in conjunction with street resurfacing: lines in the unimproved (no traffic or sidewalk) rights-of-way, (4) Troubleshooting for leaks, gas, water, sewer, storm sewer, pressurized telephone and electric (d) The applicant for a permit shall determine all potential utility conflicts during the design stage and shall show same on the plan and profile drawings submitted with the application. The plan and profile drawings shall be in accordance with utility plan guidelines or as specified by the official. (e) If the Public Works Director shall determine that such work or activity within any street, alley or other right-of-way will not unreasonably interfere with the rights of the public or city, he is authorized to issue a permit for such construction work or activity upon such reasonable conditions as he shall deem necessary for the protection of the rights of the public and the city. Under all conditions prescribed in this section, the construction shall not proceed unless the statewide one-call toll-free telephone notification system or such other method established under the Underground Facility Damage Prevention and Safety Act, as now or hereafter amended, is notified not less than forty-eight (48) hours nor more than five (5) days in advance of beginning construction. Advance notification is waived when it is documented to the Public Works Director that the excavation work is of an emergency nature involving the public health, safety or welfare. (g) All applicants shall give the full name and address of the person or organization making such application, shall designate the place, extent, nature and purpose of such work or activity and, ifany paving, curbing, sidewalk, sewer or water main will be disturbed by such work, the Public Works Director mayrequire that the application be accompanied by a deposit of moneyi in such amount as shall in the opinion of the Public Works Director be sufficient to pay for the expense of repairingor restoring the same. Pavement replacement shall be in accordance with the conditions set forth in the permit and other standards of the city. Failure or neglect on the part of the applicant to carry out all work in compliance with the conditions set forth in the permit and other standards of thecity (h) All applicants shall be notified, at the time of permit application submission, that it is their () All applicants shall verify the location and elevation of all underground facilities and shall protect said facilities from damage; in the event that any facilities are damaged, the applicant or applicants shall, at their sole expense, repair or cause to be repaired the damaged facilities to the satisfaction shall be reason for revocation of the permit. responsibility to restore the right-of-way to its previous condition. of the owner or operator of said facilities. Sec. 86-87. Public service corporations; standing cash deposit or bond. A public service corporation operating under a franchise from the city mayr make a cash deposit or give a bond in such amount as the official determines is sufficient to cover all expenses connected with the work, including inspection of the same; provided, however, that the official may discontinue such Page 8of12 arrangement at any time and require a specific charge for each opening. The city shall not be liable for any interest ons such deposit made. Sec. 86-88. Guards and danger signals: bond. In addition to the payment required by this article, any person to whom a permit to disturb a pavement or sidewalk has been issued shall erect and maintain at his expense all necessary guards and danger signals, shallf furnish allr necessarywatchmen to protect the publica and they work during its progress, and shall assume alll liability for accidents or damage to persons or property that may occur in the course of or by reason of such work. If necessary for the protection of the city, the official may require the applicant to post a bond in such amount which the official deems proper to protect the city from alll loss and damage by reason ofs such work, because of injury to persons, property or animals. Sec. 86-89. Display of permits. Any person disturbing, digging up or excavating any pavement or sidewalk authorized herein shall exhibit upon demand to any Sheriff's Deputy or code enforcement officer of the city the permit for such work issued by the Public Works Director. Sec. 86-90. Refilling; cleaning up; repaving. Upon the completion oft the work for which any disturbance, digging up or excavation is made, the applicant shall refill all trenches and excavations. All openings in streets must be promptly filled with suitable material, free from rubbish and perishable matter, and thoroughly and evenly compacted throughout, ramming in thin layers while being put in or by flooding with water. Upon completion of the backfill, the persont to whom the permit is issued shalli immediately place the pavement in as safe condition fortraffic bylaving at temporary pavement, properlysupported, having the top of the pavement flushwith the pavement surface. Immediately after completion of this work or any consecutive portion of it, the applicant shall remove from such street or sidewalk all unused material, refuse and dirt placed in the vicinity oft the work resulting from its prosecution and restore the street to a condition satisfactory to the official, notifying the Public Works Director of such action. In case the work is not completed within the time limited int the permit, the citymay,ifit deems necessarv.take steps to backfill the trench and replace the pavement over the opening for which the permit has been issued. Ifa an extension of time beyond such date is necessary for completion of the work, a new application must be obtained. All persons in charge of any work on the streets must retain and have in possession at all times while sO engaged a permit as described in this division. After the person to whom the permit has been issued has complied with the foregoing sections in allr respects, the holder thereof shall be relieved from all further expense for repaving the street and shall not be held responsible for the upkeep and maintenance of the pavement from and after that date, except when a defect develops by reason of improper workmanship below the pavement itself. Sec. 86-91. Replacement of paving; removing of improper repaving. The city shall cause each person who has cut the pavement or sidewalks or disturbed, dug or excavated the same to replace and repair such pavements and sidewalks under his supervision and inspection. The Public Works Director shall at any time within thirty (30) days after the sidewalks and pavement have been replaced or repaired determine that the persons mending or replacing such pavement or sidewalks so disturbed, dug up or excavated have failed and neglected to repair and replace such pavement and sidewalks in a workmanlike manner, then, and in that event, the Public Works Director shall cause the sidewalks or pavement so defectively replaced and repaired to be properly replaced and repaired. All Page 9of12 costs and expenses of so replacing and repairing such pavement or sidewalk shall be charged against the fund deposited by the person to whom the permit was granted to cut, disturb and excavate the pavement ors sidewalks. Sec. 86-92. Permit revocation. The Public Works Director mayrevoke permits issued by him upon finding that: (2) The permit is for work which violates the provisions of this Article; (1) The permit was issued by mistake of law or fact: (3) The permit was issued upon a false statement or misrepresentation by the applicant; (4) The permit violates any ordinance of the city or any state or federal law, rule or regulations; (5) The work is not being performed in accordance with the provisions of this Article; (6) The certificate of competency or license of the permittee has become invalid by reason of 7) They worki is not beingperformedunder: the supervisiono ofthe holder ofthe certificate or license (8) The work is not being done in accordance with the terms of the permit, the plans or the (9) Payment of the permit fees was not effected due to insufficient funds or any other reason; or (10) The work performed under that permit is threatening or interfering with public welfare and expiration, suspension, revocation or otherwise; upon which the same was issued; application upon which the same was issued; safety. Sec. 86-93. Nontransferability of permits. No permit shall be transferable from one (1) permittee to another,and the issuance of a permit for certain work shall not preclude the issuance of a subsequent permit for the same work or for the completion of the work. Sec. 86-94. Inspections, other approvals. necessary to effect approval of such work. Sec. 86-95. Enforcement, fines. Activities regulated by this Article shall be subject at all times by inspection by the city. The Public Works Director or City Code Enforcement Officers may require documents, drawings or certificates Violations of this Division may be enforced by any legal means, including without limitation, code enforcement under Chapter 2, Article III, Division 2 "Code Enforcement Board and Special Magistrates", Chapter2, Article VI "Code Enforcement Civil Citation Program", or civil lawsuit and injunction. Ifenforced by City Citation pursuant to Chapter 2, Article VI "Code enforcement civil citation program", the following are the recommended classifications for violations: Classes applicable Depending on circumstances ClassII! Violation Section Sec. 86-68. Requirement of a franchise. Page 10of12 Sec. 86-72.Obstructing or blocking streets Sec. 86-73. Emergencyr repairs, etc. Sec. 86-74. Barricades, MOT.etc. Sec. 86-76. Playing in streets. Sec. 86-77. Improper use of sidewalks. Sec. 86-78. Construction of driveways, sidewalks, curbs, culverts, etc., permit required. Sec. 86-81. Commercial use of sidewalks Sec. 86-86. Installations in right-of-way Sec. 86-89. Display of permits Classlorll Warningor Class1 ClassI,I,II Warning Warning or Class1 Class/,,I Classlorl ClassI,,I Class! prohibited Secs. 86-96through 86-110. Reserved. SECTION2. CODIFIÇATION. The provisions of this Ordinance shall become and be made part of the Code oft the City. The sections of this Ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word, etc. SECTION 3. REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All City codes, ordinances and resolutions or parts of codes, ordinances and resolutions or portions thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Ifany section, sentence, clause, part, or provision of this Ordinance is held to be invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby but shall remain in SECTION 4. SEVERABILITY. full force and effect. SECTION! 5. SCRIVENERSERROR. SECTION6. EFFECTIVE DATE. The correction oftypographical errors which do not affect the intent of the ordinance may be authorized by the City Clerk or the Clerk's designee, without public hearing. This Ordinance shall be effective immediately upon passage. IN WITNESS WHEREOF, the City of Avon Park, Florida, has duly adopted this Ordinance and caused it to be executed by the officers below as follows: COuncipersom/Mayor Anderson Councilperson /Deputy Mayor Barnard Councilperson McGuire Councilperson Mercure Councilperson Taylor On the and the vote was: On the day of 202 the Ordinance was read for the first time, and the vote was: Yes No Abstain Absent D D D D D D D D a D - D D D D D D D D day of 2025 the Ordinance was read for the second time at a public hearing, Yes No Abstain Absent Page 11 of12 Counciperson/Mayor Anderson Councilperson /Deputy Mayor Barnard Councilperson McGuire Councilperson Mercure Councilperson Taylor (Seal) By: J - a a - D - ATTEST: CITY OF AVON PARK, FLORIDA By: Christian Hardman, City Clerk APPROVED ASTOI FORM: Gerald Buhr, City Attomey Garrett Anderson, Mayor Page 12 of12 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website no later than the date notice of the proposed ordinance (2nd reading) is published. Proposed ordinance's title/reference: ORDINANCE NO. 01-2025 AN ORDINANCE PROVIDING FOR A PROGRAM OF REGULATION OF CITY RIGHTS OF WAY IN THE CITY OF AVON PARK; PROVIDING FOR PROHIBITIONS AND LIMITATIONS; PROVIDING FOR FRANCHISES; PROVIDING FOR PERMITTING WORK IN THE RIGHTS OF WAY; PROVIDING FOR FEES; PROVIDING FOR ENSURING INDEMNITY OF THE CITY AND INSURANCE REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City is of the view that the following exception(s) to the Business Impact Estimate requirement apply that are checked off in a box below apply to the above-referenced proposed ordinance, although the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. The proposed ordinance is required for compliance with Federal or State law or regulation. The proposed ordinance relates to the issuance or refinancing of debt. The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue The proposed ordinance. is required toi implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the municipal sources necessary to fund the budget. government. The proposed ordinance is an emergency ordinance. The ordinance relates to procurement; or R The proposed ordinance is enacted toi implement the following: Provide for the best interests of the citizens of the City of Avon Park, Florida, and public health, safety and welfare of the public using the rights of way. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: Pagelof2 1.Summaryofthe proposed ordinance (must include statement oft the public purpose, such as serving the public health, safety, morals, and welfare): An Ordinance providing for a program of regulation of city rights of way in the City of Avon Park, Fland to provide for1 the best interests of the citizens oft the City of Avon Park, Florida, and 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: public health, safety and welfare oft the public using the rights of way $0 3. Estimate of direct compliance costs that businesses may reasonably incur: $400 application fee for businesses needing a right of way permit 4.Anyr new charge or feei imposed by the proposed ordinance, or any cost for which businesses will be financially responsible: $400 application fee for businesses needing a right of way permit 5. Estimate of the City'sregulatory costs incurred, including estimated revenues from any new charges or fees to cover: such costs: Costs include staff time to review permits for compliance. Limited to businesses needing a right of way permit 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 7.Additional information - Page 2 of2 Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: Ordinance 04-2025 Standard Procedure for Vacating Rights-of-Way and Easements Item No.: D9 Placed on Agenda by: Danielle Kelly, City Manager Staff Review: Yes Attorney Review: Yes Recommended Motion(s): Move to approve an Ordinance of the City of Avon Park, Florida providing for a Standard Procedure for Vacating Rights-of-Way and Easements; providing for a Petition to Initiate City Action; providing for Required Information in Petition and Payment of City Costs; with a Deposit for City Costs; providing for Review by City Attorney and other City Staff, Officials and Consultants; providing for Notice to Adjacent Property Owners; providing for an Ordinance Notice Specific to the Closing and Other Procedures; providing for Ratification of All Previous Ordinances and Resolutions Closing Roads, Alleys and Easements; providing for Release of city Rights to the Road, Alley, Street or Easement, but Disclaiming an Assignment of such Right to any Specific Person, but only According to Law; providing for Codification, Repeal ofConflicting Ordinances and Resolutions but Preserving and Ratifying Previous Road, Alley and Easement Closing Ordinances and Resolutions, providing for Severability; and providing for Scrivener's Errors, and providing an Effective Date. Documentation: 1. Ordinance 04-2025 Road, Alley and Easement Vacating 2. Business Impact Estimate Background: When an approved road or easement is no longer needed for its intended purpose, one must go through the process ofvacating it. Inorder to ensure a well defined process for vacating easements and roads, staff recommends codifying the procedures outlined in Ordinance 04-2025. The changes requested by Council at the January 27, 2025 meeting were made by legal counsel and are reflected in the attached Ordinance 04-2025. ORDINANCE NO. 04-2025 AN ORDINANCE OF THE CITY OF AVON PARK, FLORIDA PROVIDING FOR A STANDARD PROCEDURE FOR VACATING RIGHTS-OF-WAY AND EASEMENTS; PROVIDING FOR A PETITION TO INITIATE CITY ACTION; PROVIDING FOR REQUIRED INFORMATION IN PETITION AND PAYMENT OF CITY COSTS, WITH A DEPOSIT FOR CITY COSTS; PROVIDING FOR REVIEW BY CITY ATTORNEY AND OTHER CITY STAFF, OFFICIALS AND CONSULTANTS; PROVIDING FOR NOTICE TO ADJACENT PROPERTY OWNERS; PROVIDING FOR AN ORDINANCE NOTICE SPECIFIC TO THE CLOSING AND OTHER PROCEDURES; PROVIDING FOR RATIFICATION OF ALL PREVIOUS ORDINANCES. ANDRESOLUTIONS CLOSING ROADS, ALLEYS AND EASEMENTS; PROVIDING FOR RELEASE OF CITY RIGHTS TO THE ROAD, ALLEY, STREET OR EASEMENT, BUT DISCLAIMING ANY ASSIGNMENT OF SUCH RIGHT TO ANY SPECIFIC PERSON, BUT ONLY ACCORDING TO LAW; PROVIDING FOR CODIFICATION, REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS BUT PRESERVING AND RATIFYING PREVIOUS ROAD, ALLEY AND EASEMENT CLOSING ORDINANCES AND RESOLUTIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS, AND PROVIDING AN EFFECTIVE DATE. Purpose and Intent WHEREAS, the City has authority to vacate road rights of way pursuant to Former FS 5 167.09, which WHEREAS, the City Council has determined that the procedure for closing rights of way ("ROW") and WHEREAS, the City Council wishes to ratify and preserve all previous ordinances and resolutions closing NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVON PARK, FLORIDA AS SECTION1. ADDITION OF EASEMENT AND ROAD CLOSING CODE. The following are additional remains effective under FS5 166.042, as well as $166.021, FS, and easements should be standardized in the code; and, anyf form of road, street, alley or easement; therefore, FOLLOWS: provisions to Chapter 86 adding Article V., Road, Alley and Easement Vacating Code. ARTICLE V. ROAD, ALLEY AND EASEMENT VACATING Sec. 86-111. In General. The City.council, with respect to property under its control within the territorial limits of the City of Avon Park, Florida, mayi ini its own discretion, and at its own motion, or upon the request of any agency oft the 1) Vacate, abandon, discontinue and close any existing public or private street, alleywav,road, easement or other place used for travel, or any portion thereof, other thana as state, county or federal highway,and renounce and disclaim any right of the City, and the public in and to any land in connection therewith; state or of the federal government or upon petition of anyperson or persons: and, Page1c of5 2) Renounce and disclaim any right of the Cityand the publici ina and to anyl land or interest therein acquired by purchase, gift, devise, dedication or prescription for any street, alleyway, road or easement other 3) Renounce and disclaim any right of the City, and the public in and to any land, other than land constituting or required for state, county, or federal highways, delineated on any recorded map or plat than lands acquired for state, county or federal highways: and, asas street, alleyway.road or easement. Sec. 86-112. Filing of petition required. Before any request for closingi is placed ont the City council agenda, a petition forroad or easement vacation shall be filed with the City clerk, along with payment of the filing fee and deposit to be established, but subject to modification from time to time byr resolution oft the City council and completion of appropriate staff review. (a) The petition shall bes signed byt the petitioner or his attorney and shall include the following: Sec. 86-113. Contents of petition; costs and expenses. (1) Al legal description of the street, road, alleyway, or easement to be vacated, along with a map or plat (2) A list of the names and addresses of all property owners abutting upon the described lands and a statement of what effect, ifa any,the vacation ofs such street, alleyway, easement or road may have upon indicating the same thereon. other property owners in the area. (3) Al legal description and map prepared byas surveyor that provides: The legal description shall be provided describing only the area to be vacated and shall be signed and sealed byasurveyor licensed int the State of Florida. The description shall be provided on thes same ii. A map showing the surrounding streets and properties to the area being closed, and the area closed identified separately from the remaining areas by clear crosshatching or shading, with such map (b) In addition tot the filing fee, all costs and expenses ofs surveys, preparation of plats, costs of publication, mailing expenses, recording costs, legal expenses and all other costs and expenses incurred in the processing of said petition to vacate by the petitioner and/or the City shall be paid by the petitioner prior to setting the public hearing and placing the petition on the City council agenda. Ar reasonable calculation of these expenses and the cost of post-a -approval update of the City's maps shall be included in the deposit under (a) above. sheet as ther map. signed ands sealed byas surveyor licensed in the State of Florida. Sec. 86-114. Review by attorney. Upon the filing ofap petition, the City clerk shall furnish a copy thereof to the Citya attorney, who shall examine same for completeness and notify the City clerk in writing as to his opinion thereon. If the petition is found incomplete by the City attorney, the City clerk shall notify the petitioner iny writing, who shall be givena areasonable time to make the petition complete. Sec. 86-115. Review by other City officials and users of right of way. 114 above, or upon motion of the City council, the City clerk shall: leave parcels landlocked without access to ar roadway; and, a) Upon the filing ofa ap petition and a determination of sufficiency in accordance with sections 86-113&8 86- 1) Furnish a copy thereof to the City building inspector who shall ensure that ther road closing will not 2) Furnish a copyto the planning and zoning board of the City to consider for the public hearing discussed in 86-116 below: and, Page2of5 3) Obtain letters from appropriate officials of each utility company and cable television company operating int the general area, stating their objections, ifa any, to the vacation. If there areno obiections, thel letter shall sos state. Ifa an easement is required to protect the City's rights or the rights of other users of the right of way sought to be closed, that easement, fully executed bythe property ownerls) shall be provided as part of the agenda package to planning and zoning board and City council. Sec. 86-116. Public hearings. a) After the filing of alli information and required recommendations and opinions as outlined hereinabove, and the payment byt the petitioner oft thei incurred and projected public hearing costs, the City clerk 1) Deliver the petition, notice of the proposed dates, times and address of the planning and zoning and City council public hearings to all owners of property whose property is touching the proposed vacation area (hereinafter, "adiacent property owners") by hand delivery with signature or certified mail, return receipt requested. Refusal of certified mail shall be deemed acceptance. Affidavits from each adjacent property owner acknowledging. at a minimum, receipt of the Petition and dates of 2) Place the petition, motion of the City council or request of an agency of the state or federal government made pursuant to section 86-115 herein on the agenda oft the City planning and zoning board for a public hearing to consider the petition, hear public comment and provide a 3) Place the petition, motion of the City council or request of an agency of the state or federal government made pursuant tos section 86-115la).bor (c)herein upon the agenda of the City.council for the purpose of passing the ordinancei thereon subsequent tot the planningand: zoning board public hearing to consider ther recommendationls of the planning and zoning board and public comments: 4) Prior tot thes second reading of the ordinance for the Citycouncil public hearing, the clerks shall publish anotice of said public hearing one time in a newspaper of general circulation in the county at least ten (10) days prior to the date stated therein for such public hearing, such notice containing the public hearing and other notice requirements for passage ofanyordinance. except that the published notice shall also include thel legal description and map required in 86-113a3) showing the area to 5) Prior tot the second reading of the ordinance (the public hearing), shall post both ends of the areat to be vacated with a sign not less than 18" x2 24" that announces the petition to vacate that "righto of way" or" "easement, and the address, dates and times of the planning and zoning public hearinga and shall: hearings shall suffice for replacing the notice in this subsection. recommendation: to the Citycouncil. and be vacated. City council public hearing. Sec. 86-117. Ordinance required. A draft ordinance shall be provided to the planning and zoning council for its public hearing, and any action oft the City council vacating any road, street, alleyway or easement shall be evidenced by an ordinance, with fully executed easements, if necessary, duly adopted and entered upon the minutes of the City council. After passage, the Clerk shall properly filet the ordinance and easement's), if applicable, with the county clerk. Sec. 86-118. Recording of actions. Thep proof of publication of notice oft the public! hearing, the ordinance, as adopted, and thep proof of publication oft the notice of the adoption of such ordinance, shall be recorded in the public records of Highlands County, Florida byt the City clerk. and copies provided to the County 911,the Sheriff's Office, and City fire department. Page 30 of5 Sec. 86-119. Unexpended funds. Anyunexpended funds advanced byt the petitioner,e excluding the filing fee, shall be refunded to the petitioner. Ifthe City costs exceed the deposit, thes staff shall require payment made before the ordinance is read for the second time. Sec. 86-120. Ratification of prior actions. The actions by the City council heretofore taken closing, vacating or abandoning any road, street, alleyway or easement as herein described and appearing in the minutes of such City council are hereby ratified, approved and confirmed in all respects, and such roads, alleyways, streets and easements are declared closed, vacated and abandoned, consistent with the provisions oft the ordinance.resolution or other action ofs such City.council as shown bythe official minutes. Sec. 86-121. Release of rights. The act of the City council of the City of Avon Park. Florida, in closing or abandoning any such road, street, alleyway or easement or in renouncing or disclaiming any rights in any land delineated on any recorded map asa road, street, alleyway, or easement shall abrogate the easement, alleyway, street or road therefor owned, held, claimed or used by or on behalf of the public and the title of the fee owner shall be released therefrom, and ift the road.street, alleywayore easement has vested in the City,the Cityshall make no claim of ownership byt the petitioner or any other person,and the land underlying such road, street, alleyway or easement will vest in accordance with the laws of the State of Florida. Sec. 122 through 140 reserved. SECTION 2. CODIFICATION. The provisions of this Ordinance shall become and be made part of the Code oft the City. The sections of this Ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word, etc. SECTION 3. REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All City codes, ordinances and resolutions or parts of codes, ordinances and resolutions or portions thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict, except that all previous road, alley and easement closing ordinances and resolutions are preserved and ratified. Ifany section, sentence, clause, part, or provision of this Ordinance is held to be invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby but shall remain in SECTION 4. SEVERABILITY. full force and effect. SECTION 5. SCRIVENER'S ERROR. SECTION6. EFFECTIVE DATE. The correction of typographical errors which do not affect the intent of the ordinance may be authorized by the City Clerk or the Clerk's designee, without public hearing. This Ordinance shall be effective immediately upon passage. IN WITNESS WHEREOF, the City of Avon Park, Florida, has duly adopted this Ordinance and caused it to be executed by the officers below as follows: Page 4of5 On the day of 2025 the Ordinance was read for the first time, and the vote was: Yes No Abstain Absent CouncipersonMayor Anderson Councilperson Deputy Mayor Barnard Councilperson McGuire Councilperson Mercure Councilperson Taylor On the and the vote was: D D D D D a a D - a 0 - D D D a day of 2025 the Ordinance was read for the second time at aj public hearing, Yes No Abstain Absent CouncipersomMayor Anderson Councilperson Deputy Mayor Barnard Councilperson McGuire Councilperson Mercure Councilperson Taylor (Seal) By: D D D - D D D ATTEST: CITY OF AVON PARK, FLORIDA By: Christian Hardman, City Clerk APPROVED ASTOI FORM: Gerald Buhr, City Attorney Garrett Anderson, Mayor Page5of5 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website no later than the date notice of the proposed ordinance (2nd reading) is published. Proposed ordnancesute/eference ORDINANCE NO. 04-2025 AN ORDINANCE OF THE CITY OF AVON PARK, FLORIDA PROVIDING FOR A STANDARD PROCEDURE FOR VACATING RIGHTS-OF-WAY AND EASEMENTS; PROVIDING FOR A PETITION TO INITIATE CITY ACTION; PROVIDING FOR REQUIRED INFORMATION IN PETITION AND PAYMENT OF CITY COSTS, WITH A DEPOSIT FOR CITY COSTS; PROVIDING FOR REVIEW BY CITY ATTORNEY AND OTHER CITY STAFF, OFFICIALS AND CONSULTANTS; PROVIDING FOR NOTICE TO ADJACENT PROPERTY OWNERS; PROVIDING FOR AN ORDINANCE NOTICE SPECIFICTO THE CLOSING AND OTHER PROCEDURES; PROVIDING FOR RATIFICATION OF ALL PREVIOUS ORDINANCES AND RESOLUTIONS CLOSING ROADS, ALLEYS AND EASEMENTS; PROVIDING FOR RELEASE OF CITY RIGHTS TO THE ROAD, ALLEY, STREET OR EASEMENT, BUT DISCLAIMING ANY ASSIGNMENT OF SUCH RIGHT TO ANY SPECIFIC PERSON, BUT ONLY ACCORDING TO LAW; PROVIDING FOR CODIFICATION, REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS BUT PRESERVING AND RATIFYING PREVIOUS ROAD, ALLEY AND EASEMENT CLOSING ORDINANCES AND RESOLUTIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City is of the view that the following exception(s) to the Business Impact Estimate requirement apply that are checked off in a box below apply to the above-referenced proposed ordinance, although the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. The proposed ordinance is required for compliance with Federal or State law or regulation. The proposed ordinance relates to the issuance or refinancing of debt. The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the municipal sources necessary to fund the budget. government. The proposed ordinance is an emergency ordinance. The ordinance relates to procurement; or K The proposed ordinance is enacted to implement the following: Provide for a Standard Procedure for Vacating Rights-of-Way: and Easements. Pagelof2 Ina accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted 1.Summary oft the proposed ordinance (must include statement oft the public purpose, such as serving the public health, safety, morals, and welfare): An Ordinance providing a procedure for closing rights of way ("ROW") and 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: above may apply, the City! hereby publishes the following information: easements that is standardized. $0 3. Estimate of direct compliance costs that businesses may reasonably incur: $0 4. Any new charge or feei imposed by the proposed ordinance, or any cost for which businesses will be financially responsible: $0 5. Estimate of the Citysregulatory costs incurred, including estimated revenues from any new charges or fees to cover such costs: Costs include staff time to review permits for compliance. 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Limited to businesses needing to vacate rights of way and easements. 7.A Additional information- Page 2 of2 Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: Ordinance 05-2025 Special Events Item No.: D10 Placed on Agenda by: Danielle Kelly, City Manager Staff Review: Yes Attorney Review: No Recommended Motion(s): Move to approve an Ordinance of the City Council of Avon Park Florida, providing for Regulation of Special Events; providing for Purpose and Intent; providing for Administrative Authority and Definitions; providing for Entitlement to a Special Event Permit and General Prohibitions and Rules; providing for Uses of City Property and application Review Process; providing for Special Event Permits; providing for Suspension, or Termination of Special Event Permits;' providing for Conflicts; providing for Severability of Provisions; providing for Scrivenor's Errors; providing for Inclusion in the Code; and providing an Effective Date. Documentation: 1. Ordinance 05-2025 2. - Business Impact Estimate Background: Throughout the year, numerous requests are made for authorization to hold special events within the City of Avon Park. The events can be as small as food truck rally or as large as the annual Christmas Parade. The proposed ordinance will ensure each event application is uniformly reviewed and considered. Additionally, the ordinance defines reasons for suspension or termination of the permit. Permit costs for small and large events are set at $50 and $100 Under a separate agenda item for Council consideration is Resolution 2025-03 which establishes respectively. staff and equipment costs associated with special events. ORDINANCE NO. 05-2025 AN ORDINANCE OF THE CITY COUNCIL OF AVON PARK, FLORIDA, PROVIDING FOR REGULATION OF SPECIAL EVENTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR ADMINISTRATIVE AUTHORITY AND DEFINITIONS; PROVIDING FOR ENTITLEMENT TO A SPECIAL EVENT PERMIT AND GENERAL PROHIBITIONS AND RULES; PROVIDING FOR USES OF CITY PROPERTY AND APPLICATION REVIEW PROCESS; PROVIDING FOR SPECIAL EVENT PERMITS; PROVIDING FOR SUSPENSION, OR TERMINATION OF SPECIAL EVENT PERMITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR SCRIVENOR'S ERRORS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. RECITALSOF PURPOSE. ANDINTENT A. The Council finds that gatherings of the public on private property or City property, including parks and the rights of way, whether such gatherings are large or small, may cause adverse public health, safety and welfare conditions requiring municipal regulation to insure departmental services are available to provide adequate sanitation and sewage disposal facilities, law enforcement services, fire rescue personnel and equipment, parking, traffic control and crowd control, and other regulations in the interest of public safety and public health as a whole, and such B. It is the intent of the Council that this Ordinance be enacted to protect and promote the health, welfare, and safety of the citizens of and visitors to the City of Avon Park, while balancing such concerns with the rights of the public to assemble, conduct fairs and festivals, and otherwise engage in expressive activities. Therefore, it is the further intent of the Council that this Ordinance be construed liberally in favor of protecting and promoting the health, welfare, and safety of the citizens of and visitors to the City of Avon Park and protecting expressive activity. C. The purpose of this Ordinance is to establish the framework by which special events held D. The Council also seeks to ensure that the City is properly compensated for the time required for city costs and outside consultants whenever necessary as decided solely by the City, such as the City Attorney, engineers, etc., sheriff's office, administrative and other staff time, solid waste removal, electricity use, water and wastewater use, MOT design and installation, City fire challenges are related to the relative size of that special event. on private or public property in the city are approved and regulated. rescue, rental of city property, etc. Page 1 of18 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVON PARK, FLORIDA AS FOLLOWS: SECTION1 1. Administrative authority. The provisions of this Ordinance shall be administered, interpreted, and enforced respectively through the City Manager, Sheriff Office and code enforcement of the City of Avon Park, and administrative rules, deposits, regulations and forms may be developed as the City Manager deems necessary. SECTION:2. Definitions. For the purpose of this Ordinance the following definitions shall apply unless the context clearly Applicant shall mean the permitted event organizer, or the person or party representing the event organizer and responsible for managing the special event on behalf oft the event organizer. Application shall mean a written request on forms supplied by the City Clerk's Office. Application fee shall mean the nonrefundable fee paid in connection with an application made pursuant to this Ordinance. Fees may be established or modified by resolution oft the city Council. Block party shall mean an outside private event in a front yard or abutting a street, road or highway, involving a gathering of friends and neighbors in a number exceeding twenty (20) participants, in a residential area which requires the closing of a local street for the purpose of having a party or other social, recreational, or any other type of assemblage, or requires MOT other indicates or requires a different meaning. city services. City Clerk shall mean the City of Avon Park City Clerk, or City Manager's designee. City Manager shall mean the chief executive officer of the City of Avon Park, Florida, who is City property shall mean any streets, city owned real property developed or otherwise, and any city City services shall mean services provided by city departments or outside officers and consultants as requested by applicant or required by special event size or failure of applicant to comply with Council shall mean the City of Avon Park Council or that council sitting as the CRA Board. CRA shall mean the City of Avon Park Community Redevelopment Agency. appointed by the city Council. parks, the cemetery, or the city "Depot". the permit or properly maintain the special event. Page 2 of18 Dangerous activities or instrumentalities means: the activity or instrumentality: (1) is not of common usage, and (2) creates a foreseeable and significant risk of physical harm even when reasonable care is exercised by all actors, and may include, but is not limited to amusement rides, circus acts, daredevil activities, games that include firing dangerous projectiles. Extra personnel hours shall mean the total number of all hours worked by all city employees in the city departments in connection with the production of the special event in question. Large events shall mean events where the number of anticipated participants exceeds fifty (50), or any event where alcohol is anticipated to be present, or dangerous activities or instrumentalities are Maintenance of Traffic ("MOT") shall mean the planning, development, design, implementation, operation, enforcement, and appropriate temporary maintenance of traffic on city rights-of-way, federal, state, and county rights-of-way in conformance with the Florida Department of Transportation ("FDOT") suggestions and requirements. Applicants with impacts on local, federal, state, or county are responsible for hiring persons certified by FDOT to plan and install Parade shall mean a special event with a coordinated movement of eight (8) or more pedestrians or vehicles upon the streets within the city with an intent of attracting public attention that Political demonstration shall mean a public gathering, procession or parade, the primary purpose ofwhich is the exercise of rights ofassembly and free speech guaranteed by the First Amendment Sheriff or Sheriff Office shall mean the Highlands County Sheriff's Office, or individual deputies Special event shall mean concerts, festivals, races, walks, parades, circuses, carnivals, shows, exhibitions, block parties, public amusement events by an organization, and or other events, whether operated totally outdoors, on stage, under tents or with the use of temporary buildings or structures, upon any part of public lands or public roads, or upon private lands in the city when members of the public are invited as participants or spectators and which may include entertainment, dancing, music, presentations, art exhibitions or the sale of merchandise, food or alcoholic beverages or any combination of the foregoing, which may require for its successful execution and coordination of municipal services to be determined by city manager or his/her Weapon shall mean, notwithstanding any other provision of this Code, air rifle, air pistol, paintball gun, paintball rifle, explosive blasting cap(s), knife, hatchet, axe, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, chains, crowbar, hammer, shovel or any club or bludgeon planned. temporary MOT for the event or pay for City employees to do SO. interferes with the flow of regulation oft traffic upon a public street. to the Constitution of the United States. assigned or allowed to work at the special event. designee. Page 3 of 18 orany other instrumentality used or intended for the use as a dangerous weapon to cause harm toa person on public or private property. This definition specifically excludes firearms and ammunition as defined by section 790.001 Florida Statutes, and as preempted by section 790.33, Florida Statutes. SECTION3. Entitlement to a special event permit. (a) The city manager or his/her designee shall be charged with the responsibility of determining whether or not aj particular applicant shall be considered by the Council or otherwise approved for a special event permit pursuant to this Ordinance. In determining whether to grant or deny aj particular application, the city manager shall consider: 1) the city costs not reimbursed by the event organizers; and, 2) the appropriateness: of the location; and, 3) the general effect the proposed special event will have on the city's resources 4) the frequency with which such events are held and the convenience of the public in and/or public safety, health and welfare; and, relation thereto. In addition, the special event permit shall not be issued until the following city departments have reviewed, and if applicable, approved the application; city manager or his/her designee, city clerk or his/her designee, and shall not deny an application that could potentially be considered a onstitunonaly-protectea political demonstration without review of the city attorney. In making the decision whether to grant or deny a special event permit, the city manager shall also take the following matters into consideration: 1) Whether the applicant for the special event permit is capable or incapable of 2) Whether any inconvenience which may be suffered by the general public is 3) Whether budgetary considerations at the time of the application create such al heavy burden upon the City's financial resources that it would not be practical to hold the 4) Whether the holding of the special event as planned would create an undue burden executing planned special event in a safe and lawful manner. outweighed by the potential benefit to the community as a whole. proposed special event at the time requested. upon staffing. 5) Whether the public safety would be compromised. 6) The timing of the event. Page 4 of1 18 7) Whether the applicant producing the special event is profit making or for charitable 8) The historical experience, if any, that the city has had with the special event previously, its sponsoring agent(s), affiliated person(s) or those associated with the orn non-profit purposes. current of any former special event in the city. SECTION4. General Prohibitions and Rules. (a) Unless exempted by this Ordinance, it shall be unlawful for any person or organization to hold a special event within the limits of the city without complying with the permit requirements (b) Unless exempted, no person shall initiate, sponsor, organize, promote, conduct, or advertise (c) Special event operators and participants shall adhere to applicable city codes and will mitigate negative impacts upon city residents, including but not limited hours of operation and and procedures set forth in this Ordinance. as special event unless a special event permit has been obtained from the city. noise. SECTION 5. Use of City Property. Except for political demonstrations: All special event uses of city property by private persons and organizations shall pay for such use. Nonprofit organizations whose special event serves a substantial municipal purpose and nonprofits that have a 501(c)(3) designation may be exempted from all or a portion of the city property use fee in the sole discretion of the city council. Special permit conditions will be required to ensure the proposed purpose is adhered to in full. SECTION 6. Application review process. (a) Any person desiring to hold a special event (the applicant) shall submit an application to the city manager for a special event no later than 60 days prior to the commencement of such event. Applications for political demonstrations shall be made with enough advance notice for the city manager to consider law enforcement and public safety, health, and welfare concerns, but in (b) In submitting an application for a special event permit, the applicant does thereby agree to adhere to those restrictions or conditions that shall be identified by the city manager as part oft the (c) Applications. The application shall include the following minimum information though the city may request further relevant and material facts to assist with the permit determination: no event less than twenty (20) days. review, and which shall be incorporated into the permit special conditions. 1. Name oft the special event and its purpose. Page 5 of 18 2. Name(s) of all person(s) or organization(s) sponsoring the special event, with their addresses and telephone numbers. Nonprofit corporations with a 501(c)(3) 3. The name(s). and telephone numbers, including emergency number(s), for the responsible person(s) that shall be available at all times while the special event is being conducted, and having the responsibility and ability to correct any problems 4. The proposed date(s) and time of the event, including separately identified dates and times ofs setup prior to the event, and cleanup after event. 5. The specific location within the city where the special event is being held. 6. The number of persons estimated to attend such event. If prior events have been held at any location, the attendance numbers ofthose events shall be provided. 7. Whether street closings are requested, and if sO what streets. How long will they need to be closed? If other than a City employee, the application shall state the name, address, telephone number, certification number and certification date of the person certified to plan and install MOT as required by the FDOT for state rights- 8. Whether or not alcoholic beverages are expected. to be present. Special insurance and state approvals, ifapplicable, shall be attached to the application and permit. 9. Whether entertainment will be involved, giving details as to the nature of the entertainment. If any form of amplified sound is to be used, such use shall require special Council approval and time limitations ifit might violate the city noise code. Violation of special permit conditions on noise and vibration shall be fined. 10. Whether the applicant proposes, either in whole or part to hire off duty Sheriff personnel to assist with security, traffic, or life safety matters. 11.If any tent or other structure (i.e. stages, bounce houses, slides, etc.) is to be utilized, design drawing thereof shall be attached to the application and permit showing location planned for structure, along with the approval of the City's 12. An indemnification clause shall be provided as part of all permit general conditions. Event insurance shall be provided as part of all permit general conditions, except that political demonstrations may be excused by the city Council with proof of designation shall provide proof oft that designation. identified by the city or county. of-way. inspector. financial inability. Page 6 of 18 (d) Application review. Upon receipt of the completed application from the applicant along with the application fee, the city manager shall forward the application and its contents to the affected departments of the city for review. The persons designated in each department shall review the application, endorse their comments thereon and return the comment to the city manager within seven (7) days of receipt, or other completion deadline required by the city manager. All comments sO forwarded to the city manager shall be retained in the file for such application. Ifinsufficient time has been allowed for such comments, that shall be stated with the comments, but the department shall nonetheless comply with the deadline. After reviewing the comments of each affected department, the city manager shall approve or reject the (e) Application Review Criteria. The city manager and departments shall consider the application for the special event permit. following criteria during review: 1. Entitlement to a special event permit as provided in this Ordinance. 2. The proposed use of the property is consistent with all laws, rules, and regulations, including city ordinances and regulations, and the applicant has obtained all permits required from the City or other applicable government agencies in addition to the 3. The event will not substantially interrupt public transportation or other vehicular 4. The event will not conflict with construction or development in the public right-of- 5. The event will not unreasonably interfere with access to Sheriff or fire stations, or 6. The event will not require the diversion of Sheriff or other city employees from their normal duties SO as to unreasonably reduce adequate levels of service to any 7. The concentration of persons, animals, or vehicles will not unreasonably interfere with the movement of Sheriff, fire, ambulance, and other public safety or 8. The event will not unreasonably interfere with a previously approved or scheduled 9. The event will not adversely affect the city's ability to reasonably perform municipal functions or furnish city services, including services in support of the special event permit. and pedestrian traffic in the area ofi its location. way or at a public facility. other public safety facilities. other part of the city. emergency vehicles on the streets. use of city property. uses and events described in the preceding paragraph. Page 7 of18 10. The event will not have an unmitigable adverse impact upon residential or business access and traffic circulation in the same general venue area. 11. The event will not have a significant adverse environmental impact. 12. The city property proposed to be occupied or used will physically accommodate the number of participants expected toj participate, along with normal casual users. 13. The event does not present an unreasonable danger to the health or safety of the applicant, spectators, city employees, members of the public, or to adjacent properties, and will not otherwise create a public nuisance. (f) Permits; Conditions. The city manager shall through consultation and recommendation of staff and/or city attorney, or upon his/her own determination, apply any reasonably necessary restrictions or conditions in accordance with public safety, environmental and administrative considerations involved with the special event, including any reasonable restrictions upon the movement of the public participants which is deemed necessary for the safe and orderly disposition of the special event. If the application is approved, a written permit shall be issued, which permit shall contain general conditions as provided below unless exempted by vote of the city Council, and may contain special conditions provided below, depending on the circumstances. For large events, the applicant may be required to enter into an agreement with the city, and all references to "Permit" in this Ordinance shall apply to such as special event agreement. 1. General Conditions. The following general conditions shall be included in writing in all permits unless a special exception is provided by the city Council due to a. Indemnity. All permits shall contain substantially the same wording as Exhibit "A" hereto, which Exhibit may be amended in part or in whole by b. Insurance. All permits shall contain the same or similar wording as Exhibit "B" hereto approved by the city attorney, which attachment may be City Services. No city services are obligated under this permit that have not been described in the special conditions and paid for or deposit placed by applicant. The applicant may be required to pay subsequent to the special event, additional expenses for city services when required by the city manager due to applicant's failure to comply with this code or permit, or unusual circumstances: resolution of the Council. amended in part or in whole by resolution of the Council. failure to properly manage or maintain the special event. Page 8 of1 18 d. Payment of City Expenses; Nonpayment. Permits shall contain general information regarding payment for city expenses including without limitation, personnel, supplies, and equipment. The description for all permits shall contain the same or similar wording as Exhibit "C" hereto which attachment may be amended in part or in whole by resolution of the council. A deposit will be required, but in the event that any city expenses remain unpaid in excess of thirty (30) days, interest shall accrue at the highest legal rate, and the city will take whatever actions are reasonably prudent to collect such amount owed, and the permittee and related persons or organizations may be denied further special event permits until the debt is Government licenses and permits. It is solely the responsibility of the applicant to obtain any other licenses or permits required by governments other than the city to hold the special event in the manner planned. Such additional licenses and permits include, but are not limited to alcohol licenses, building permits, carnival and amusement ride permits, vendor permits, etc. The permits or licenses shall be provided to the city, but the city's failure to request them shall not be a defense to a termination ofa City special event ordinance: compliance. The applicant is notified that the City has a special event ordinance, and you are responsible for knowing the prohibitions and provisions of such ordinance, and ensuring that all organizers, vendors, and participants comply with all city codes and this permit. You are advised to obtain a copy of the city code through muniçode.com or from the city clerk for the price of reproduction. City property; Novested rights. The city retains the authority to enter city property at all times, even when permitted for special events. No property interest or other vested right is conveyed by any permit issued or agreement h. Other Services. The applicant shall notify the City fire-rescue services of the date and times of the special event and shall implement any recommendations that service has regarding public safety, health, and Permit not transferrable. The decision as to whether to issue the permit is made, in part, based on the individual(s) or entities requesting the special event, therefore, permits are not transferrable to other persons or entities. paid, with interest. permit and closure of a special event by the city. entered into pursuant to this Ordinance. welfare. Page 9 of1 18 2. Special Conditions. The city manager may determine based on the application and local circumstances that special conditions are necessary for any special event. Such special conditions may include but are not limited to payment for special city services required, road closures, other Maintenance ofTraffic ("MOT"). a. Sheriff services. The city manager shall determine whether and to what extent additional Sheriff deputies are necessary for the special event, parade or public assembly for traffic control and public safety (i.e. alcohol use, dangerous activities or instrumentalities, large events). The applicant shall be responsible for the cost of the required law enforcement coverage. Ifthe applicant wishes to proceed at the date or time requested and adequate Sheriff services can be provided as an additional expense, the applicant may request that the permit be issued upon agreement by the applicant to b. Large events will be required to provide emergency fire/rescue employees Deposit for city services. The deposit for damages, post-event cleanup, or other city services and equipment requested or required for the special event payment of the cost of the additional Sheriff services. and vehicles during all hours ofoperation. may be required prior toi issuance of permit. (g) Denial of permit application. The following include but are not limited to the bases by which a permit application may be denied by the city manager. 1. The application contains incomplete, false, or misleading information. 2. The applicant is legally incompetent to contract or to sue and be sued. 3. The applicant has on prior occasions damaged city property or any city facility and has not paid in full for such damage. 4. The applicant has any other outstanding past due debts to the city. 5. The applicant fails or refuses to comply with all requirements of this Ordinance, including requirements to remit all fees and deposits and, where applicable, to 5. During the four years prior to application, the applicant has had a special event permit revoked due to non-compliance with the requirements of this Ordinance, or 7. During the five (5) years prior to application, the applicant was a party to an agreement or a permit with the city authorizing use or management of city property provide insurance. due to a willful false or misleading statement in an application. Page 10 of 18 or city facilities, and the city terminated the agreement due to the applicant's 8. Any of the Application Review Criteria are discovered to be untrue or become 9. Other reasons for denial considered in the city manager's good judgment. default. untrue prior to permit issuance. (h) Appeals of permit denial. 1. Any applicant denied a special event permit to conduct a special event shall be notified in writing, hand delivered or delivered by certified mail, no later than fifteen (15) days prior to the proposed date of the event, and the notice shall contain the procedures and deadline for filing an appeal. Refusal to accept delivery of a. The deadline for filing an appeal shall be fifteen (15) days from the date of certified mail shall be deemed receipt oft the denial. delivery of the denial of permit. 2. Any aggrieved applicant filing a timely appeal shall be granted a hearing before the city Council at the next regularly scheduled city Council meeting. Under unusual circumstances where the timing of the next regular meeting of the Council will not provide a meaningful appeal process, political demonstrations may be granted a 3. Appeal shall be held as a quasi-judicial item, unless clearly waived, with sworn testimony and evidence from city manager, applicant and approved intervenors allowed. The hearing shall be conducted in accordance with the city's Rules for Quasi-Judicial Hearings. The City shall have an attorney present, and attorneys representing the applicant, or any approved intervenor shall be required to file a notice of appearance at least ten (10) days prior to the hearing. The Rules for Quasi- Judicial Hearings shall be provided by the City to the applicant and intervenor(s). 4. Standards for Decision. The hearing on such appeals shall be de novo or as ift by original jurisdiction. The city Council shall hear evidence based on competent substantial evidence. The Florida Rules of Evidence shall provide a guide, but shall not be strictly adhered to, and hearsay evidence may be admissible, but shall not be the sole support for the proposition placed in evidence. The city Council shall sustain or reverse the decision of the city manager in accordance with the city Council's judgment as to whether the application meets the standards set out in this Ordinance. The city Council shall make a final decision in the matter and the city manager shall give written notices thereof to the applicant by mailing a certified special meeting of the Council to consider an appeal. letter within five (5) days containing the city council's decision. Page 11 of 18 5. Ifthe hearing denies the relief requested by the applicant, the applicant may file an appeal in Highlands County Court system in a manner provided by state law and court rules, no later than thirty (30) days from the date of the Council hearing at which the decision appealed was rendered. (i) Exemption from special event permit fees. Any special event for which the city, its departments, agents, or CRA, is the principal sponsor shall be exempt from special events application fees. SECTION 7. Suspension, or termination of special event permits. The city manager or Sheriff (a) Termination of permit. The following include but are not limited to the basis by which a may declare a special event suspended or terminated for cause. permit may be terminated by the city manager or Sheriff. 1. Any reason provided above for denial of an application for permit. 2. The conduct of the special event creates a substantial nuisance, and the condition is unmitigable, or circumstances indicate that even if mitigable, the applicant cannot be trusted to not allow the nuisance conditions to reoccur if the special event is 3. The conduct of the special event creates a danger to the public safety or health, and the condition is unmitigable, or circumstances indicate that even ifit is mitigable, the applicant cannot be trusted to maintain safe conditions if the special event is allowed to continue. allowed to continue. 4. Multiple violations of any city code(s). (b) Suspension of permit. The following include but are not limited to the basis by which a permit may be suspended by the city manager or Sheriff. 1. Any reason provided above for termination of a permit. 2. Violation of city code(s). 3. Violation of city special event permit. health that can be corrected. 4. The conduct of the special event creates a minor danger to the public safety or 5. The conduct of the special event creates a minor nuisance that can be corrected. Page 12 of1 18 SECTION8. Conflicts. this Ordinance shall control. SECTION 9. Severability. In the event of a conflict with any other City ordinances or part of ordinances, the provisions of Iti is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion oft this Ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity oft the remaining portions of this Ordinance. SECTION 10. Scrivener's Error. The correction of typographical errors which do not affect the intent of the ordinance may be authorized by the City Clerk or the Clerk's designee, without public hearing. SECTION 11. Inclusion in the Code. Itis the intention of the City Council that the provisions of this Ordinance shall become and be made part of the City Code; and that the sections of the Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section", "article" or such other phrase in order to accomplish such intentions. SECTION 12. Effective Date. This Ordinance shall be effective upon passage. IN'WITNESS WHEREOF, the City of Avon Park, Florida, has duly adopted this Ordinance and caused it to be executed by the officers below as follows: On the was: day of 202_ the Ordinance was read for the first time, and the vote Yes No Abstain Absent Counciiperson/Mayor Anderson Councilperson /Deputy Mayor Barnard Councilperson Councilperson Mercure Councilperson Taylor D a D 0 D D D D D D D D 0 0 0 - D D 0 D McGuire On the day of 2025 the Ordinance was read for the second time at a public hearing, and the vote was: Page 13 of 18 Yes No Abstain Absent Counciiperson/Mayor Anderson Councilperson Deputy Mayor Barnard Councilperson McGuire Councilperson Mercure Councilperson nTaylor (Seal) ATTEST: By: D D D 0 D D 0 D D D D D 0 a D D D 0 D D CITY OF AVON PARK, FLORIDA By: Christian Hardman, City Clerk APPROVED AS TO FORM: Gerald Buhr, City Attorney Garrett Anderson, Mayor Page 14 of 18 EXHIBIT. A REQUIRED INDEMNITY PROVISION IN SPECIAL EVENTS GENERAL PERMIT CONDITIONS The Applicant shall defend, indemnify and hold harmless the City and all of the City's officers, agents, and employees from and against all claims, liability, loss and expense, including reasonable costs, collection expenses, attorneys' fees, and court costs which may arise because of the negligence (whether active or passive), misconduct, or other fault, in whole or inj part (whether joint, concurrent, or contributing), of the Applicant, its officers, agents, employees, subcontractors (see below) in performance or non-performance of its obligations under the Permit/Agreement. The Applicant recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the City in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Florida, even ifsuch obligations exceed my insurance coverage. Compliance with any insurance requirements required elsewhere within this Permit/Agreement shall not relieve the Applicant of its liability and obligation to defend, hold harmless and In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Applicant shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for the City Attorney or counsel selected by City Attorney to defend City. The provisions and obligations ofthis clause shall survive the expiration or Nothing herein shall be construed to extend the City's liability beyond that provided in section 768.28, IHAVE READ, ACKNOWLEDGE AND AGREE TO THIS INDEMNIFICATION CLAUSE. IHAVE BEEN ALLOWED SUFFICIENT TIME TO CONSULT WITH AN ATTORNEY AS TO THE TERMS indemnify the City as set forth int this clause ofthe Permit/Agreement. earlier termination oft this Permit/Agreement. Florida Statutes. OF THIS CLAUSE. APPLICANT By: Printed Name: Title: Date Page 15 of 18 EXHIBIT: B REQUIRED INSURANCE PROVISION IN SPECIAL EVENTS GENERAL PERMIT CONDITIONS The Applicant shall, at its sole cost and expense, procure and maintain throughout the term ofthis contract, Comprehensive General Liability, including Employer Liability insurance described below, or to the extent and in such amounts as required below and authorized by Florida law, and will provide endorsed certificates ofinsurance ("COI") generated and executed by a licensed insurance broker, brokerage or similar licensed insurance professional evidencing such coverage, and naming the City as a named, additional insured with thirty (30) days' notice of termination, as well as furnishing the City with a certified copy, or copies, of said insurance policies. The policies and COI shall acknowledge coverage for the indemnification provided herein and shall waive subrogation against the City. Certificates of insurance and certified copies of these insurance policies must be received prior to issuance ofa Permit or Agreement. Said insurance coverages procured by the Applicant as required herein shall be considered, and the Applicant agrees that said insurance coverages it procures as required herein shall be considered, as primary insurance over and above any other insurance, or self-insurance, available to the City, and that any other insurance, or self-insurance available to the City shall be considered secondary to, or in excess of, the insurance coverage(s) procured Nothing herein shall be construed to extend the City's liability beyond that provided in section 768.28, Such policy or policies shall be without any deductible amount and shall be issued by approved companies rated at not less than AM Best A and authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Highlands County, Florida. Such policy or policies shall name the City and the other parties indemnified hereunder as additional insureds under the Commercial Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided which shall contain minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of Two Million Dollars ($2,000,000.00) per aggregate during the pendency of the Permit/Agreement. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial Liability Policy, without by the Applicant as required herein. Florida Statutes. Liability Policy as well as on any ExcessL Liability Policy coverage. restrictive endorsements, and must include: Premises and/or operations. Subcontracted Contractors (purchasedrented booths, sales, etc), ifany. Broad Form Contractual Coverage applicable to this specific Permit/Agreement, including any hold Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage harmless and/or indemnification clauses. Liability. Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in compliance with Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Page 16 of 18 Compensation Law" of the State of Florida, and all applicable federal laws. In addition, the policy (ies) The Applicant shall furnish to the City Manager a Certificate of Insurance or endorsements evidencing the insurance coverage specified by this Clause after approval oft the Permit or Agreement, but prior to issuance to Applicant. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Permit/Agreement, and state that such insurance is as required by this Permit/Agreement. Coverage is to commence before the first day of event setup and not to cease and is to remain in force (subject to cancellation notice) until all performance required of Applicant is completed, including, but not limited to, the date of cleanup oft the event location. All policies must be endorsed to provide the City with at least thirty (30) days' notice of expiration, cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at If Applicant uses a sub-contractor, Applicant shall ensure that sub-contractor names City as an additional Status of Claim.The Applicant shall be responsible for keeping the City currently advised as to the status of any claims made for damages against the Applicant resulting from services performed under this Permit/Agreement. The Applicant shall send notice of claims related to work under this Permil/Agreement IHAVE READ, ACKNOWLEDGE AND AGREE TO THIS INSURANCE REQUIREMENT CLAUSE. I HAVE BEEN ALLOWED SUFFICIENT TIME TO CONSULT WITH AN ATTORNEY AS TO THE must include: least thirty (30) days prior to the date oftheir expiration. insured. to the City. TERMS OF THIS CLAUSE. APPLICANT By: Printed Name: Title: Date Page 17 of 18 EXHIBITC Required Discussion ofCity Expenses In Special Events General Permit Conditions As provided in City Code section permittees for special events are responsible for all city expenses unless excused by the city council due to special circumstances. Depending on the size and type of event, those expenses may include, but are not limited to employee time and overtime, city equipment use by the city or the event, city attorney expenses law enforcement Your permit may have specific condition(s) stating expenses imposed by the city based on the city manager or designee'sa anticipation of what services should reasonably be incurred by the permittee for a specific event, due to size, type of event, failure to comply with this permit or city code, post- event repairs or other city expenses due to the special event, or other considerations of public Ifr reasonably practicable, the city will provide an estimate of the city expenses anticipated and a deposit will be imposed at the discretion of the city manager. Such deposit will be refunded in accordance with the actual expenses, or any additional expenses will be billed to the permittee. expenses, fire/rescue expenses, solid waste removal, etc. safety, health, welfare or aesthetics. Permit fee a. Regular events. $50. This fee includes the costs of the city staff to review an application, draft and issue a permit. It covers one request for additional information if the application b. Large events. $100. This fee includes the costs of the city staff for reviewing the application and documentation, determining the extent of necessary city services, law enforcement, fire/rescue, road closing, building (stage, sales booths, etc.) inspections, legal, and other, and make arrangements for same, then draft and issue a permit. The permit fees cover no other city services or expenses. fails to state all necessary documentation for the special event. Page 18 of 18 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website no latert than the date notice oft the proposed ordinance (2nd reading) is published. Proposed ordinance's title/reference: ORDINANCE NO. 05-2025 AN ORDINANCE OF THE CITY COUNCIL OF AVON PARK, FLORIDA, PROVIDING FOR REGULATION OF SPECIAL EVENTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR ADMINISTRATIVE AUTHORITY AND DEFINITIONS; PROVIDING FOR ENTITLEMENT TO A SPECIAL EVENT PERMIT AND GENERAL PROHIBITIONS AND RULES; PROVIDING FOR USES OF CITY PROPERTY AND APPLICATION REVIEW PROCESS; PROVIDING FOR SPECIAL EVENT PERMITS; PROVIDING FOR SUSPENSION, OR TERMINATION OF SPECIAL EVENT PERMITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR SCRIVENOR'S ERRORS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVEDATE. The City is of the view that the following exception(s) to the Business Impact Estimate requirement apply that are checked off in a box below apply to the above-referenced proposed ordinance, although the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. The proposed ordinance is required for compliance with Federal or State law or regulation. The proposed ordinance relates to the issuance or refinancing of debt. The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue The proposed ordinance is required toi implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the municipal sources necessary to fund the budget. government. The proposed ordinance is an emergency ordinance. The ordinance relates to procurement; or R The proposed ordinance is enacted to implement the following: Provide for a Standard Procedure for Issuing Special Event Permits. Page 1 of2 In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted 1.Summaryoft the proposed ordinance (musti include statement oft the public purpose, such as serving the public health, safety, morals, and welfare): An Ordinance providing a procedure for closing rights of way ("ROW") and 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: above may apply, the City hereby publishes the following information: easements that is standardized. $0 3. Estimate of direct compliance costs that businesses may reasonably incur: $0 4.A Any new charge or fee imposed by the proposed ordinance, or any cost for which businesses will be financially responsible: $0 5. Estimate of the City's regulatory costs incurred, including estimated revenues from any new charges or fees to cover such costs: Costs include staff time to review permits. 6.G Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Limited to businesses requesting a Special Event Permit. 7.Additional information- = Page 2of2 Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: Resolution 2025-03 Special Events Fees Item No.: D11 Placed on Agenda by: Danielle Kelly, City Manager Staff Review: Yes Attorney Review: Yes Recommended Motion(s): Move to adopt Resolution 2025-03 a Resolution of the City Council of Avon Park, Florida providing for User Fees for Persons and Entities Applying for a Special Event Permit; providing that Outside Consulting Fees are in Addition to City Employee Fees; providing for Severability, Conflict, Scrivenor's Error, and providing an Effective Date. Documentation: 1. Resolution 2025-03 Background: Inc conjunction with Ordinance 05-2025, under a separate agenda item, this resolution will establish the cost of staff time and equipment that may be necessary to support special events conducted in the City of Avon Park. These fees, ifadopted, may be updated from time to time, as costs fluctuate, by adopting a revised resolution. Its should be noted that adopting this resolution does not preclude the City Council from waiving fees associated with discrete special event permit requests. RESOLUTION 2025-03 Al RESOLUTION OF THE CITY COUNCIL OF AVON PARK, FLORIDA PROVIDING FOR USER FEES FOR PERSONS AND ENTITIES APPLYING FOR A SPECIAL EVENT PERMIT; PROVIDING THAT OUTSIDE CONSULTING FEES ARE IN ADDITION TO CITY EMPLOYEE FEES; PROVIDING FOR SEVERABILITY, CONFLICT, SCRIVENOR'S ERROR, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is entitled to charge a user fee for specific City employee services that provide a benefit to the party requesting the services, and are for a service not shared by all other WHEREAS, the user fees approved herein were calculated by the City staff to be reasonably members of the public; and, related to the costs incurred by the City for providing those services; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF AVON PARK, FLORIDA, in aj public meeting assembled this 10th day of February, 2025. 1. Expenses and Costs Tol Be Recovered. The expenses and costs provided in Exhibit "A"attached hereto are the current expenses and costs that could be incurred as part of an 2. Outside Consultant Fees Extra. The fees in Exhibit' "A" do noti include any additional costs incurred by the City from the sheriff's office, contract city attorney, engineers, surveyors, land use consultants, or other outside consultants. City staff are directed to attempt to establish ai reasonable deposit for such outside consultant fees which shall 3. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions or portions thereof in conflict with the provisions of this Resolution are hereby repealed to the extent 4. Severability. Ifany section, sentence, clause, part, or provision of this Resolution are held to be invalid by a court of competent jurisdiction, the remainder ofthis Resolution 5. Scrivener's Error. The correction oft typographical errors which do not affect the intent application tol hold a special event in the City of Avon Park. either be refunded or trued up based on actual billing. of such conflict. shall not be affected thereby but shall remain in full force and effect. Page 1 of4 oft the Resolution may be authorized by the City Clerk or the Clerk's designee, without 6.1 Effective Date. This Resolution shall be effective immediately upon passage. public hearing. IN WITNESS WHEREOF, the City of Avon Park, Florida, has duly adopted this Resolution and caused it tol be executed by the officers below on this this day of 2025. The vote was: Ves No Abstain Absent Councuperson/Mayor Anderson Councilperson Dep. Mayor Barnard Councilperson Taylor Councilperson McGuire Councilperson Mercure (Seal) ATTEST: By: 0 B D D D D D D D D D 0 D D D 0 0 D D CITY OF AVON PARK, FLORIDA By: Christian Hardman, City Clerk APPROVED AS TOFORM: Gerald Buhr, City Attorney Garrett Anderson, Mayor Page 2 of4 Exhibit "A" Page 3of4 Public Safety Equipment Description 16 foot boat with motor Cost Automobile-Chevy Tahoe (Fire Chief's Vehicle) Fire truck-Engine 5-2 with pump and water $30.20/hr $20.51/hr $119.39/hr Public Works Equipment Description Reader Boards Cost $500/per event City personnel will be charged at a rate commensurate with their fully burdened labor rate. Time and al half or double time and al halfrates may apply. Page 4 of4 Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: 3011 N. Twin Lakes Drive Utility Bill Waiver Item No.: D12 Placed on Agenda by: Danielle Kelly, City Manager Staff Review: Yes Attorney Review: Yes Recommended Motion(s): Move to approve waiving $1,110.68 owed for account #62887-30330. 1. Correspondence from Ms. Laurie. A. Hurner, County Administrator dated] February 6, 2025 Documentation: Background: See attached correspondence. HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS ADMINISTRATION 600 S. Commerce Ave., Sebring, Florida 33870 Office (863)402-6500 Fax (863) 402-6835 www.highlandsi.gov February 6, 2025 City of Avon Park Dr. Danielle Kelly, City Manager 110 East Main Street Avon Park, FL 33825 Dr. Kelly, RE: 3011 N. Twin Lakes, Avon Park, FL 33825 Ihope this communication finds you well. lam writing to request The Council's assistance on an important matter. On Tuesday, the Board of County Commissioners unanimously voted to release liens in the amount of$4,591.98 The release of said liens will enable this citizen to receive $42,900 grant assistance from the United States Department of Agriculture (USDA) for much needed roof repairs. This citizen will also qualify for Hurricane Housing Recovery Program (HHRP) grant assistance in the amount of 10K from our State Housing Initiatives Partnership (SHIP) Program. Ihave taken thel liberty to attach two photos of the roof damage for your review and We have secured the assistance of the Long-Term Recovery Group contracted by the Federal Emergency Management: Agency (FEMA) fort the temporary placement of a travel trailer on the property which will provide the During our planning and coordination of services, we learned the citizen's water is currently cut off due to nonpayment. We subsequently learned the City determined the overage was caused by a water leak. We have lam writing to respectfully request at full waiver of the current water bill on account #62887-30330. Waiving the total amount due will alleviate thet financial burden fort this 78-year-old Vietnam veteran living on a very limited fixed With your assistance, we anticipate this roofr repair project to be completed by the end of this month. from property address 3011 N. Twin Lakes, Avon Park, FL 33825. consideration. citizen with shelter during the repairs. secured al local plumber who will donate all work required. income and enable the plumber to assess and address/repair the leak. Thank you in advance for your consideration. Respectfully, A. Hurner, MA dntrg- County Administrator Attached: 3011 N. Twin Lakes, Avon Park, FL 33825 Damage HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS 600 S. Commerce Ave., Sebring, Florida 33870 3011 N. Twin Lakes, Avon Park, FL Damage Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: Leak Adjustment Policy Item No.: D13 Placed on Agenda by: Danielle Kelly, City Manager Staff Review: Yes Attorney Review: Yes Recommended Motion(s): Move to approve the Leak Adjustment Policy. Documentation: Background: 2. Leak Adjustment Policy The Leak Adjustment Policy establishes guidelines to determine when a customer can receive a credit on their water bill ifthey experience a significant leak on their property. Thej policy requires proof fofrepair to be eligible for an adjustment. The adjustment for water, ifapproved, is equal to 50%ofthe cost of the water used over and above the six-month average usage without a leak. The adjustment for wastewater, if approved, is equal to 100% of the cost oft the wastewater used over and above the six-month average usage without a leak. Regardless of the number of leaks a property may have, an adjustment will only be considered once every 12 months. OUN LEAK ADJUSTMENT POLICY PURPOSE: The purpose of this policy is to establish the practice and procedure for making adjustments to monthly water: and wastewater usage charges due to excessive water consumption due to leaks. The City does monitor and audit water: and wastewater consumption. Monitoring for leaks and excessive use of water and wastewater are the customer's responsibility, however, ifwe notice an unusually high amount of water and wastewater used during thel billing cycle, then we may The City of Avon Park Florida may allow a customer no more than one leak adjustment per meteri in any one-year period. Another leak adjustment will not be allowed until one (1)year following the To qualify for an adjustment the City must be notified immediately of the leak so the utility staff can document the problem and proceed with identifying the problem. Ifthe leaki is due to malfunction oft the water meter, the customer will not ber responsible for any excess water and wastewater charges beyond the consumption for the same billing period from the previous six Billing adjustments related to misread meters or other errors should be handled by the billing fthel leak is duet to vandalism a policereport must beattached tothe leak adjustment form If an adjustment is granted, it is subject to verification of the leak and the right of access and inspection by a representative of the City. The existence of a leak must be established by the Request al leak adjustment form and policy from the City of Avon Park Florida Utility Billing contact you regarding a possible leak: as a courtesy. date of repair of the prior leak. (6) months. department and supervisor. customer to the: satisfaction oft the City in the City's sole discretion. Adjustment Request Procedure department by: Phone: 863-452-4433 FL33825. In Person/Mail: Utility Billing, City of Avon Park Florida, 1101 E. Main Street, Avon Park, Page 1of4 Adjustment Methodology The customer'sc calculated water and wastewater use willl bel based on an average billing based ons six (6) months usage. For new utility customers without sufficient usage history, it may be necessary to establish: additional consumption history before an adjustment can ber made. Ifana adjustment is warranted, all water and wastewater consumption must be paid by the customer but any excess consumption above atypical consumption amount willl ber re-computed at the lowest residential rate for the service area. INELIGIBLE ACCOUNTS: Leak adjustments are not eligible for the following accounts: 1. Developer accounts, builder accounts. 2. Requests within ninety (90) days ofi installation of new landscaping. 3. Requests within ninety (90) days of completion ofnew home construction. SAMPLE BILLING ADJUSTMENT: Utility BillA Adjustment Example LeakUsage 50,000 4,000-6,000 3,000 7,000-9,000 3,000 9,000-12,000 3,000 Over 12,000 41,000 UtilityTax Average bill Base Water Rate 3,000 13.57 3.24 9.72 3.31 9.93 3.36 10.08 3.41 139.81 10% 18.31 201.42 TotalWater! Bill 13.57 (187.85) Difference (13.57-201.42) Adj 50%0 ofv water (187.85"509) (93.93) Total Water Adjustment Base Sewer Rate 3,000 25.50 6 282.00 307.50 Total Sewer Bill 25.50 Over3,000 47,000 Average bill Difference (25.50-307.50) (282.00) Adj 50% of water (282.00"10096) (282.00) Total Sewer Adjustment Total Bill with Leak TotalA Adjustment Total BillA AfterA Adjustment 508.92 (375.93) 133.00 Page 2 of 4 APPEAL: Customers may appeal leak adjustments denials to the City Manager. The City Manager shall hear all appeals ofl leak adjustment denials and may use thel leak adjustment policy as a guidei ini making the This policy is retroactive to November 1, 2024. The policy implementation date will be the date final decision regarding leak adjustments. signed and approved by The City Council. RESCIND: LIMITATIONS: The City may terminate this policy at any time with or without notice. This policy is implemented by the City as a customer courtesy and is not intended to establish a new legal right to adjustments. No customer is entitled to any bill adjustment unless entitled unders some other provision oflaw, and the decision oft the City as to adjustments is final. Page 3of4 REQUESTI FOR WATERLEAK ADJUSTMENT Customer Information Name on account: Account Number: Service Address: Contact Phone Number: Leak Repair Information Date Leak Discovered: Date Leak Repaired: Description ofLeak: PLEASE NOTE: Completion of this form does not guarantee an adjustment will be made to your water bill. Alladjustments arei issued based on youraverager usage for previous account history and: are creditedatareduced rate for water lossonly. Once the review is complete, you will receive notification of results from the Utility Billing Office. This may take up to five weeks. Please return the completed application tot the Utility Billing Department. Receipts ofrepair/photos must be included. Ihave read, understand and agree with the leak adjustment guidelines. Date Submitted For Office Use Only: Date Received: Signature Rauptanc-gys Water amountofOignalBill: Leak CreditAmount DenialDate: No MonthOfLeak: Approval Date: Adj. Avg Usage: ApprowalSignture Page 4 of4 Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: License Agreement with Southwest Florida Water Management District Item No.: D14 Placed on Agenda by: Danielle Kelly, City Manager StaffReview: Yes Attorney Review: Yes Management District. Documentation: 1. License Agreement 2. Lake Anoka Graphics Recommended Motion(s): Move to approve al License Agreement with Southwest Florida Water Background: On October 24, 2024 staff received correspondence from a Real Estate Specialist with the Land Resources Bureau ofSouthwest Florida Water Management District (SFWMD) regarding a gauge to monitor Lake Anoka's water levels. The gauge was previously placed on private property. However, the property was sold and the new owner requested relocation of the gauge. SFWMD met with Public Works' staff and found a suitable site for the gauge which is identified on the attachment labeled Lake Anoka Graphics. The gauge has enabled SFWMD staff to monitor Lake To memorialize SFWMD's right to place the gauge in City right ofway, al License Agreement has been requested. Legal counsel reviewed and recommended modifications to the agreement. On February 3, 2025, staff received concurrence to the requested changes from SFWMD along with Anoka's water levels since 1981. the attached executed License Agreement. Lake Anoka 2 Data Collection Site SWF Parcel No. 20-020-194 Approved by Attorney: TMG LICENSE AGREEMENT This License Agreement ("Agreement") is made and entered into by and between the City of Avon Park, a municipal corporation of the State of Florida, whose mailing address is 110 East Main Street, Avon Park, Florida 33825 ("Licensor"): and the Southwest Florida Water Management District, a public corporation, having an address of 2379 Broad Street, Brooksville, Florida 34604- 6899 ("Licensee"). WHEREAS, Licensor has jurisdiction over a certain right-of-way located within the City of WHEREAS Licensee desires to access and use the Property to install, maintain, and repair or replace an elevation survey benchmark and hydrologic monitoring equipment, and to access such hydrologic monitoring equipment to perform hydrologic measurements and to Avon Park referenced and identified in the attached Exhibit "A" (Property);and monitor and record water levels and for the purposes provided herein. WHEREAS, Licensor agrees to allow access to and use oft the Property owned by Licensor NOW THEREFORE, in consideration of the mutual terms, covenants, and conditions set Licensor grants to Licensee, its employees, agents and subcontractors a license to enter upon, over and across and to use any and all lands, more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference (License Area), located within the Property, to install, maintain, and repair or replace hydrologic monitoring equipment consisting of elevation survey benchmarks and staff gauges, and to access such hydrologic monitoring equipment to perform hydrologic measurements and to monitor and record water levels. Uses may include, but are not limited to, ingress and egress for workers, machinery and vehicles. The number of workers, and the type of machinery and vehicles, shall be the minimum reasonably necessary to effectuate the purpose of this License Agreement. Licensee will make all 2. The license period will begin upon execution of this Agreement and will continue in effect until termination. Either party may terminate for any reason by giving one hundred eighty (180) days prior written notice to the other party, at the addresses set forth above, as may be updated in writing by the respective parties. Furthermore, this Licensee agrees that: () it will, at its expense, promptly comply with all laws, rules, and regulations promulgated by any governmental authority having jurisdiction over the License Area that pertain to the physical condition of improvements constructed by the Licensee, repairs and maintenance required by Licensee's operation upon the License Area, and the use of the License Area by Licensee; () it will not at any time claim any interest or estate of any kind in the License Area; (i) it will not create or cause to be imposed, claimed or filed upon the License Area, or any portion thereof, or upon the interest therein of Licensor, any lien, charge or encumbrance whatsoever; and (iv) forth herein, Licensor and Licensee hereby agree as follows: 1. data collected at the site available to the Licensor. Agreement may be terminated pursuant to paragraph 13 below. 3. Page 1of4 upon termination of this Agreement, it will promptly restore the License Area to a safe 4. To the extent permitted by law, Licensor agrees to indemnify and hold harmless the Licensee, its agents, employees and officers from and against all liabilities, claims, damages, expenses or actions, either at law or in equity, including attorney's fees and costs and attorney fees and costs on appeal, caused or incurred, in whole or in part, as a result of any act or omission by Licensor, or anyone for whose acts or omissions Licensor may be liable as a result of Licensor's ownership or Licensor's use of the License Area. Nothing contained herein will constitute a waiver of Licensee's sovereign immunity under Section 768.28, F.S., or to extend the limits of liability or recovery under Section 768.28, F.S. This provision will survive the termination of this Licensee will at all times keep the License Area free of hazardous materials generated by, resulting from or being incident to Licensee's use of the License Area, and neither Licensee nor any of its employees, agents, invitees, licensees, contractors or subtenants (if permitted) will use, generate, manufacture, refine, treat, process, produce, store, deposit, handle, transport, release, or dispose of hazardous materials in, on or about the License Area, in violation of any federal, state or local laws, rules, regulations, ordinances, orders, codes, and guidelines currently in existence or hereafter enacted or rendered. Licensee will give Licensor prompt written notice of any claim received by Licensee from any person, entity, or governmental agency that a release or disposal of hazardous materials has occurred on the License Area. 6. This Agreement may not be assigned, in whole or in part, by Licensee without the written consent of Licensor, which consent may be withheld by Licensor in its sole 7. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof or the waiver 8. Ifany covenant or provision of this Agreement is determined to be invalid, illegal, or incapable of being enforced, all other covenants and provisions of this Agreement shall, nevertheless, remain in full force and effect, and no covenant or provision will be dependent upon any other covenant or provision unless sO expressed herein. 9. This Agreement may only be amended by an instrument in writing signed by both of 10. The parties acknowledge and agree that all documents of any kind relating to this Agreement may be public records and shall be treated as such unless otherwise confidential or exempt in accordance with Floridal law, particularly Chapter 119, Florida 11. This Agreement will be construed in accordance with the laws of the State of Florida and venue. of any legal proceedings will be in Highlands County, Florida if the action is commenced in state court. If any action is commenced in federal court, then venue shall be in the United States District Court for the Middle District of Florida. 12. Ini the event that a party hereto institutes any action or proceeding to enforce the and aesthetic condition, as existed prior to Licensee's use. Agreement. 5. discretion. of any breach of any other provision of this Agreement. the parties hereto. Statutes. Page 2 of4 Lake Anoka 2 Data Collection Site SWF Parcel No. 20-020-194 provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party reasonable attorney's fees and costs for legal services rendered to the 13. Notwithstanding anything to the contrary contained herein, including, without limitation, Section 2 above, this Agreement will be deemed automatically terminated upon any failure of performance byl Licensee ofi its obligations under thet terms of this Agreement, provided Licensor has given Licensee at least ten (10) days advance written notice (unless otherwise provided herein, or, in the case of an emergency, such lesser time and form of notice as is reasonable) of the failure, and the failure has not been cured 14. Each of the undersigned warrants and represents that he or she is authorized to 15. Counterparts and Authority to Sign. The signatures of all parties need not appear on the same counterpart. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do sO and bind the respective party to the prevailing party, including appeals. within such applicable period. execute this Agreement on behalf of the entity identified. Agreement. [Signature page follows] Page 30 of4 Lake Anoka 2 Data Collection Site SWF Parcel No. 20-020-194 IN WITNESS WHEREOF, the parties have executed this License Agreement on the day and year last written below. LICENSOR: City of Avon Park Name: Title: Date LICENSEE: Southwest Florida Water Management District Brian Starford, P.G. Division Director Date. 2/3/25 By: Operations, Lands & Resource Monitoring Page 4 of4 Lake Anoka 2 Data Collection Site SWF Parcel No. 20-020-194 Exhibit A License Agreement- - Lake Anoka Highlands County, Florida SAberPO 2 Longitude Latitude 81510422,27582837 2 -81.510307 27.582837 3-81.510307 27.582093 81510426,27582225 4 3 SID 1027366 Lake Anoka2 Esri Commuriny Mapafonnl Opanstreswsp, Mirec GeoTechnologies Inc METI/NASA USDA USF fSouth-Flor omom NPS, Florida,Ma Southwest Florida Water Management District WaterMatters.org: - 1-800-423-1476 Staff Gauge License Area (SWF 20-020-194) 50 100 US Feet LAKEANOKAGRAPHICS BABOG Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: Strategic Plan Item No.: H15 Placed on Agenda by: Danielle Kelly, City Manager Staff Review: Yes Attorney Review: No Recommended Motion(s): Move to authorize staff to advertise a Request for Proposals to facilitate and draft a Strategic Plan for the City of Avon Park. Documentation: N/A Background: As strategic plan functions as a municipality' s guide and is used to prioritize initiatives, resources, goals, and department operations and projects. The strategic plan will ensure a focused allocation ofresources, departmental alignment, and facilitate proactive decision-making to achieve a shared vision for the community. A strategic plan typically includes the following: Vision: A forward-looking statement that describes what the City of Avon Park wants to accomplish for its citizens, businesses, schools, nonprofit organizations and faith-based Mission: A statement that explains the City of Avon Park's purpose and reason for SWOT analysis: An assessment of Avon Park' s strengths, weaknesses, opportunities, and Core values: A set of principles that guide how the City of Avon Park conducts business Goals: High-level objectives that describe what the City of Avon Park wants to achieve Objectives: Measurable goals that are broken down into quantities and timelines Action plans: Detailed plans for how each objective will be achieved community. existence. threats Avon Park City Council Agenda Item Summary Date of Action: February 10, 2025 Subject: City Manager Update Item No.: H16 Placed on Agenda by: Danielle Kelly, City Manager Staff Review: Yes Attorney Review: No by the City Council. Documentation: N/A Background: Recommended Motion(s): Move to receive and file or take any other action deemed appropriate The City Manager will provide an oral update at the City Council meeting.