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City of Newberry

Regular Commission

Meeting

May 10, 2021 25440 West Newberry Road

7:00 PM Newberry, Florida 32669

The meeting is a hybrid public meeting, as permitted by Newberry Resolution 2020 - 48. Per Resolution 2020-48, Communications Media Technology (CMT) will continue to be available for the conduct of public meetings. The public may attend virtually through the City's YouTube, Facebook, the Zoom Link below, by calling the phone numbers below (for audio only), Meeting ID: 836 5884 0849, or in person.

The public may submit comments to the board through email ([email protected]) or by calling into the public comment message line prior to the meeting. Public comment will be taken by telephone for all non-ministerial items on which the Commission votes. Once public comment is opened for an item under discussion, please use the raise my hand or Q&A feature in Zoom. If you are joining by phone press *9 to raise your hand. The meeting moderator will acknowledge your request and you will be unmuted to make your comment. Callers should state their name and limit comments to two minutes. In addition, the Commission will open phone lines for public comment sessions for the public to discuss items not on the Commission agenda during the Public Announcement and Public Comment period.

The public is encouraged to submit any written or photographic documents prior to the meeting to [email protected]

Zoom Information Please click the link below to join the webinar:

https://us02web.zoom.us/j/83658840849 Or One tap mobile :

US: +13017158592,,83658840849# or +13126266799,,83658840849# Or Telephone:

Dial(for higher quality, dial a number based on your current location):

US: +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833

Webinar ID: 836 5884 0849

International numbers available: https://us02web.zoom.us/u/kdf2xAzwGcYouTube

https://www.youtube.com/channel/UC9MNwMuigm3PeKHacwz2xQQ CALL TO ORDER

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2 INVOCATION

PLEDGE OF ALLEGIANCE PRESENTATIONS

(Please limit presentations to 15 minutes)

1. Comprehensive Annual Financial Report for Fiscal Year Ending September 30, 2020. PUBLIC ANNOUNCEMENTS

(Please limit announcements to 2 minutes)

CONSENT AGENDA 2. Payment Register.

3. April 26, 2021, Regular Commission Meeting Minutes. 4. April 26, 2021, Swearing in Minutes.

5. Florida Municipal Power Agency (FMPA) Liaison Report. PUBLIC HEARINGS AND ORDINANCES

6. Consideration of a, “Finding of Necessity,” for the creation of a Community Redevelopment Agency (CRA) by the City Commission, creating the CRA, and naming the City Commission as the Community Redevelopment Agency.

Legislative Hearing: Resolution 2021-13, adopting a Finding of Necessity, creating the Newberry Community Redevelopment Agency (CRA), and naming the City Commission as the Community Redevelopment Agency.

AGENDA ITEMS

7. Fiscal Year 2021 - 2022 Budget Calendar. 8. Law Enforcement Contract.

9. Discuss COVID-19 Emergency Orders and Continuation of Hybrid Meetings. COMMENTS City Manager City Attorney City Clerk Commission Mayor

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3 Citizens

(Please limit your comments to 5 minutes)

MEETING ADJOURNMENT

Judy S. Rice, City Clerk

If A Person, Firm, or Corporation Desires to Take an Appeal From any Action Taken At the Above Meeting or Hearing, It May Be Necessary to Have A Verbatim Record of the Proceedings and It Is the Person, Firm, or Corporation’s Duty to See that Such A Record Is Made. The City of Newberry City Commission Policy Is to End the Public Meeting At 10:30 P.M. the Evening of the Regularly Scheduled Meeting Unless Extended by the City Commission. Any Matter on the Agenda Not Acted upon Shall Be Continued to the Next Regularly Scheduled City Commission Meeting, or a Special Meeting, At the Commission’s Discretion. In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation for attendance at this workshop should contact MV Transportation, Inc. At (352) 375-2784, not later than 72 hours prior to the proceedings. If hearing impaired, call the Florida Relay System at (800) 955-8770.

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Commission Agenda Item

Meeting Date: May 10, 2021

Title: City of Newberry Annual Comprehensive Financial Report for fiscal year ended September 30, 2020

Agenda Section: Presentations

Department: Finance & Administration

Presented By: Dallas Lee, Director of Finance & Administration Barbara Boyd, CPA, Partner – Purvis, Gray & Co. Kevin Smith, CPA, Audit Manager – Purvis, Gray & Co.

Recommended Action: Listen to presentation and discuss.

Summary:

The annual audit of the City's fiscal year 2019-2020 financial statements has been completed by Purvis, Gray & Company, the City Commission's independent audit firm. The audit included an examination, on a test basis, of documents supporting the amounts and disclosures in the financial statements. The audit also included assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation.

Overall, the City received an unmodified or “clean” opinion on its Annual Financial Report. The opinion reflects the best level an organization can receive on its financial statements. This is the fifth consecutive year of receiving this distinction. Additionally, there were no written

comments or findings of non-compliance.

Barbara Boyd and Kevin Smith of Purvis, Gray & Company will present the results of the 2019-2020 fiscal year audit process. Staff will then provide a brief presentation of financial trends and position.

Once accepted by the City Commission, the Annual Comprehensive Financial Report will be submitted to the Government Finance Officers Association (GFOA) of the United States and Canada for review to receive the Certificate of Achievement for Excellence in Financial

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Page 2 Reporting. Staff anticipates that the City will once again receive this distinction. Also, copies of the CAFR will be forwarded to all required governmental and financial organizations.

Attachments:

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Commission Agenda Item

Meeting Date: May 10, 2021

Title: Payment Register

Agenda Section: Consent

Department: Finance & Administration

Presented By: Dallas Lee, Director of Finance & Administration

Recommended Action: Review payments made during the prior month.

Summary: Included in the Consent Agenda for your review are the monthly payment register

and credit card statement.

Attachments:

1. Payment Register 2. Credit Card Statement

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Commission Agenda Item

Meeting Date: May 10, 2021

Title: April 26, 2021, Regular Commission Meeting Minutes

Agenda Section: Consent Agenda

Department: City Clerk’s Office

Presented By: Judy Rice, City Clerk

Recommended Action: 1) Approve the minutes with the consent agenda. Summary: Minutes for the Commission meeting on April 26, 2021

Attachments:

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Commission Agenda Item

Meeting Date: May 10, 2021

Title: April 26, 2021, Swearing in Minutes

Agenda Section: Approval of Minutes

Department: City Clerk’s Office

Presented By: Judy S. Rice, City Clerk

Recommended Action: Approve the minutes

Summary:

Minutes for the April 26, 2021, Swearing in

Attachments:

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Commission Agenda Item

Meeting Date: May 10, 2021

Title: Florida Municipal Power Agency (FMPA) Liaison Report

Agenda Section: Consent

Department: Mayor & Commission

Presented By: Bill Conrad, FMPA Liaison

Recommended Action: Receive Presentation Summary:

During the month of February, Mr. Conrad represented the City of Newberry at:

April 8th telephone conference with FMPA CEO Jacob Williams re: upcoming load

management workshop

Apr 13th Rate Call Workshop, telephonic

April 14th Demand Management Workshop, by Zoom

April 14th. Policy Makers Committee

Attachments:

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City Commission Agenda Item

Meeting Date: May 10, 2021

Title: Consideration of a, “Finding of Necessity,” for the creation of a Community Redevelopment Agency (CRA) by the City Commission, creating the CRA, and naming the City Commission as the

Community Redevelopment Agency.

Legislative Hearing: Resolution 2021-13, adopting a Finding of Necessity, creating the Newberry Community Redevelopment Agency (CRA), and naming the City Commission as the Community Redevelopment Agency.

Agenda Section: Public Hearings and Ordinances

Department: Planning & Economic Development

Presented By: Bryan S. Thomas, AICP, Director

Recommended Action: 1) Receive Presentation

2) Adopt Resolution 2021-13

Summary:

On June 25, 2019, the City of Newberry and the Alachua County Commission entered into an interlocal agreement establishing the criteria by which the City may create a Community Redevelopment Agency. The first step in creating a Community Redevelopment Agency is to undertake a “Finding of Necessity” to determine if this area would benefit from the creation of a Community Redevelopment Agency (CRA).

This report has been prepared to fulfill a “Finding of Necessity” in accordance with the

Community Redevelopment Act of 1969, Chapter 163 Part III, Florida Statute. This “Finding of Necessity” is based on field observation and data and analysis, in order to make a

determination that “slum” or “blight” exists within the study area. This report includes an assessment of blight factors, as identified in Section 163.340, Florida Statutes, and a conclusion of findings, associated data and analysis, and photo documentation of the study area.

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Recommendation:

Adopt the “Finding Of Necessity” report for a Community Redevelopment Agency In the City Of Newberry; declaring that areas within the proposed CRA boundary of the City of Newberry, Florida, are slum or blighted as defined in Section 163.340, Florida Statutes; declaring the rehabilitation and redevelopment of these areas as necessary for the public health, safety, and welfare of the residents of the City; providing for the creation of a Community Redevelopment Agency; providing for the members of the City Commission to be the sole members of the Community Redevelopment Agency.

Attachments:

1. Draft Resolution 2021-13; 2. Required Notices.

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Commission Agenda Item

Meeting Date: May 10, 2021

Title: FY 2022 Budget Calendar

Agenda Section: Agenda Items

Department: Finance & Administration

Presented By: Dallas Lee, Director of Finance & Administration

Recommended Action: 1) Provide feedback on FY 2022 Budget Calendar Summary:

As part of the budget process, the City Commission holds a number of workshops during the summer. Staff requests the City Commission’s feedback on the proposed workshop dates.

June 16 – 6pm • July 21st – 6pm

• August 4th – 6pm

• September 1st – 6pm

Attachments:

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Commission Agenda Item

Meeting Date: May 10, 2021

Title: Law Enforcement Contract.

Agenda Section: Agenda Items

Department: City Manager

Presented By: Mike New

Recommended Action: 1) Accept conditions outlined for an updated law enforcement

services contract and direct staff to prepare a final contract for consideration and approval.

Summary:

This City of Newberry provides law enforcement via contract services with Sheriff Clovis Watson and the Alachua County Sheriff’s Department. The contract became effective on October 1, 2017. Originally, the contract period was for three (3) years, expiring on September 30, 2020. In August 2019, the contract was extended for two (2) years until September 30, 2022. A copy of the contract and the amendment are attached.

The services outlined in the agreement are:

• One (1) full-time deputy within the City on a full time (24/7/365) basis, • Three (3) school resource deputies – one for each school in Newberry, • Qualified crossing guards for public schools (currently four (4) locations), • Increased patrols within city limits, call load permitting,

• Extra deputies for Homecoming Parade, Christmas Parade, and Watermelon Festival and Parade at no added cost, and

Combined Communications Center (dispatch) services.

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Page 2 Year 1 October 2017 September 2018 $777,000.00

Year 2 October 2018 September 2019 $806,137.50 Year 3 October 2019 September 2020 $836,367.66

Year 4 October 2020 September 2021 $1,007,513 and health insurance and retirement increase

Year 5 October 2021 September 2022 $1,007,513 and health insurance and retirement increase

Monthly payments are required.

The agreement provides for termination without cause by either party upon provision of 270 days’ notice to the other party of intent to terminate the contract.

In September 2020, the City Commission directed staff to issue notice of termination of the law enforcement contract. The termination letter was transmitted to the Sheriff’s Office on

September 30, 2020. A copy of the termination letter is also attached. Services provided to Newberry via the contract are scheduled to end on July 1, 2021.

Upon providing direction to terminate the contract, the City Commission then directed staff to initiate dialogue with Sheriff Watson to see if there was an opportunity to re-establish law enforcement services with more favorable conditions for the City.

Staff met with Sheriff Watson on multiple occasions to discuss law enforcement services and the possibility of renewing the law enforcement contract. Sheriff Watson noted that the 2017 contract included 3 years of service at a base cost of $777,000 that increased annually by 3.75%. He noted that the 2020 extension increased 20% with no change in level of service from previous years.

After discussion regarding how the base cost in the 2017 contract was determined, Sheriff Watson suggested that we return to the formula that the City Commission approved in 2017. Using this concept, Newberry’s 2020-2021 cost would be $867,731 (3.75% higher than the City paid in 2019-2020) rather than $1,007,513. If the City agree, it will result in a savings of

$140,000 (14%) this year. Subsequent years of the agreement would increase by 3.75% annually. Over a 3-year period (including this year) the City would save $350,000.

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Page 3

Proposed Newberry Law Enforcement Contract Costs.

Year Contract Amount

Increase from Previous Year Proposed Contract Amount Proposed Increase from

Previous Year Savings Annual

2016-2017 740,000.00 --- --- --- --- 2017-2018 777,000.00 5.00% --- --- --- 2018-2019 806,137.50 3.75% --- --- --- 2019-2020 836,367.66 3.75% --- --- --- 2020-2021 1,007,513.00 20.46% 867,731.45 3.75% 139,781.55 2021-2022 1,017,588.13 1.00% 900,271.38 3.75% 117,316.75 2022-2023 1,027,764.01 1.00% 934,031.57 3.75% 93,732.45 3-Yr Total 3,052,865.14 2,702,034.40 11.49% 350,830.74 Attachments:

1. Agreement for Law Enforcement Services between the City of Newberry and Alachua County Sheriff’s Office (September 2017)

2. Amendment to Interlocal Agreement for Law Enforcement Services between the City of Newberry and the Alachua County Sheriff (August 2019)

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Commission Agenda Item

Meeting Date: May 10, 2021

Title: Discuss COVID-19 Emergency Orders and Continuation of Hybrid Meetings

Agenda Section: Agenda Items

Department: City Manager City Attorney

Presented By: Dallas Lee, Director of Finance & Administration

Recommended Action: 1) Discuss Emergency Orders

2) Provide Direction on Hybrid Meetings

a. Discontinue Hybrid Meetings and resume in-person meetings

b. Direct staff to adopt permanent changes to the Rules of Procedure

c. Do nothing

Summary:

On May 3rd, Governor DeSantis enacted two emergency orders related to COVID-19. These

emergency orders effectively end the state of emergency in the State of Florida and restricts the rights of local government to continue any emergency orders imposing a “restriction on the rights and liberties of their citizens”.

The City Commission adopted Emergency Order 2020-48 permitting the use of communications media technology to allow for hybrid meetings. This order is in effect until the City Commission terminates the order. Staff requests the commission provide direction on how they would like to conduct meetings going forward.

Attachments:

1. Legal Update on Executive Orders 2. EO 2020-48

References

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