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HomeUncategorizedApril 15, 2019 City Council meeting highlights

April 15, 2019 City Council meeting highlights

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Portions of the city council meeting are reviewed in our “highlights” report



1. Arbor Day Proclamation 
Accepted by: Beautification Board Chairman
2. Prevention of Animal Cruelty Month – April, 2019
Accepted by: Kelly Detweiler
3. Autism Awareness Month – April, 2019
Accepted by: Crystal Cruz
4. Sexual Violence Awareness Month – April, 2019 
Accepted by: April Johnson, Community Engagement
Coordinator, Dawn Center


1. Chucochatti/Chocochatti Archeological Documentation Project
Presentation of project to conduct studies concerning cultural resources (on site
previously designated in 2014 as Florida Historic Landmark) and requesting site access
to perform studies. Presentation by: Historic Hernando Preservation Society and Gulf Archaeology Research Institute

See article:


2. Brooksville Main Street Program 
Presentation by: Ryan Malloy, Main Street Director
Attachment: Main Street Financials

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This presentation was moved to the May 6, 2019 city council meeting.

[NOTE: Input can be on any subject, whether or not on the agenda. However, input regarding ordinances, resolutions, or for quasi-judicial hearings will be accepted now and at the time those issues are presented at the meeting.]

Lee Gallinello- City resident and business owner- expressed concern on handling presentations and potential resolutions on the privatization of the quarry for the purpose of a golf course.   There is a large group of citizens who want to be involved with the decision making process “in light of the many scenarios we have had in the past.”

Mayor Kemerer said that there will be public meetings on any kind of a lease involving any city property.

Ivy Cordell- Salon owner in the city of Brooksville complimented recent events that took place in the city.  She requested a 6 foot leash ordinance and laws related to bikes in parks.  She brought up concerns on the proposed quarry golf course.  She said it is difficult for other activities to co-exist with a golf course. She also made a remark on the city’s financial issues.

Another citizen who did not provide his name supported a 6 foot leash law in city parks. He also referenced Elliott Bart’s University of Florida capstone project involving a city improvement project. Mark Kutney stated the citizen’s name during his response as Mr. Valdez.


City Manager Mark Kutney explained that council has not taken any action on the proposed quarry golf course other than letting this group do an exploratory finding as to what they could do.  Council has directed Kutney while working with the group to make sure the quarry master plan is moving forward.  

Kutney, addressing Cordell on the issue of signs, dogs and bikes said,  “Council has given me authority to revisit current policies relative to the parks.”  They will look at best practices and send recommendations to the parks committee first and let them work on it before it goes to the city council.  

On finance issues, Kutney stated, “I will tell you, measures you would look at if you were concerned about a financial crisis would be number one: can the city meet its payroll? Can the city pay its bills? Can the city meet its debt payments? We can certainly do all that and we are continuing to increase our fund balances across the board in the general fund and many other funds. If we have an issue the issue might be a lack of capital across the board as it relates to us taking on and doing improvements that for many years were deferred. Not by this council- this council has kind of inherited that problem.”

Kutney remarked that Mr. Bart will be presenting his capstone project on April 25.  
Council member Battista stated that he plans to make lengthy comments on the Quarry Golf Course during Items by Council.

Council member Bernardini remarked that they have a leash law and they are part of the county’s leash law. If you have a dog that you’re walking within city limits, you’re supposed to have it on a leash.  What we don’t have is dogs allowed in the parks.  He said that not everybody is a responsible dog owner and that is why dogs are not allowed in the parks.

Addressing Cordell’s comments, he said the Quarry was built by volunteers for a specific purpose- a golf course and the trails used for biking and walking currently were never authorized specifically for that.  They were originally golf cart trails. 

1. Minutes – March 4, 2019 Regular Council Meeting 

Council member Erhard made a motion to remove H1 from the agenda for discussion.

2. Solid Waste Disposal Agreement – Waste Connection/Heart of Fl.
Approval of agreement with A.C.M.S. d/b/a Heart of Florida Environmental Landfill
for disposal of solid waste at a cost of $29.00 per ton for a three-year term beginning
April 1, 2019, with the option of two single year renewals.  Approved with consent agenda

3. Utility Service Agreement –Creighton Companies, LLC
Approval of agreement for service to 940 S. Broad Street for new construction. Approved with consent agenda


Minutes- March 4, 2019
Council member Erhard brought up an issue involving the usage of the term “cheap shot” by Mr. Kutney at the Jan. 28, 2019 meeting and council member’s Brayton’s vote on including the comment in the minutes.  She said the minutes did not reflect what occurred. Battista remarked that Erhard’s comments will be reflected in the current meeting’s minutes, thus providing a record of her concerns.  The minutes were approved 4-1.


1. First Reading – Ordinance No. 902 – Citation Ordinance
Consideration of ordinance to establish citation process for enforcement of City codes.
Presentation: City Attorney
Recommendation: Approval of First Reading upon roll call vote and schedule Second and Final Reading for 5/6/19

The ordinance creates a citation process for potential violations of ordinances in the regular code of ordinances as opposed to simply in the land development code.  She pointed out that they expanded the language (on page 88) to say that the citation would not only go to county court but it could also go to a hearing officer, special magistrate, special master or similar official.  Before it was just going to county court for adjudication.

Public Input- Lee Gallinello- questioned the timing and intent- what are we trying to achieve?
City Attorney Becky Vose remarked that the citation process is an additional way for the city to enforce its codes.  She explained that there are violations that should be taken care of with a citation instead of the lengthy process of going before a special magistrate such as playing an instrument late at night. 
Vice Mayor Bernardini motioned to approve the first reading and schedule the second and final reading on May 6, 2019.  Battista provided a second.  The motion was approved 5-0.

2. First Reading – Ordinance No. 905 – Recreational Burning
Consideration of ordinance to define and regulate recreational burning in City limits.
Presentation: City Attorney
Recommendation: Approval of First Reading upon roll call vote and schedule Second and Final Reading for 5/6/19

City attorney Becky Vose explained that Fire Chief Snowberger in the last meeting recommended regulations for bonfires primarily occurring in residential areas.  A department of agriculture attorney contacted them to make sure that their definition of bonfire did not include several types burns- which are restricted to state regulation (agricultural pile burn, broadcast burn and silvicultural pile burn).

The ordinance defines bonfire as: “a fire that does not meet the definition of a recreational fire or is not a broadcast burning, an agricultural pile burn or silvicultural pile burn.”

The ordinance defines recreational fire as “a fire, no more than 3 feet in diameter, completely surrounded by non-combustible and non-smoke or odor producing material, either natural rock, cement, brick, tile, blocks, or ferrous metal.  Burning barrels are not to be utilized or considered as a recreational fire site.”

Additionally, if winds are greater than 15 mph, then a recreational fire is not allowed.
The ordinance states that a recreational fire must be a minimum of 10 feet from adjoining property lines and shall be a minimum of 10 feet to any structure or combustible material.  

The ordinance also says that the open burning of lumber, pallets, wooden shingles, scrap wood, leaves, yard waste, cardboard, paper, garbage and other similar items is not permitted unless otherwise permitted by the Florida Forest Service as part of an agricultural pile burn or silvicultural pile burn.

Burning of brush and tree trimmings would require a permit from the Florida Forest Service.
In response to a question about high school bonfires, Chief Snowberger said that the high school would be welcome to apply for a permit to hold a bonfire as they always do.  The ordinance would not prohibit high school bonfires at all he said.

There was no public input.

Council member Erhard motion to approve the first reading of the ordinance and schedule the second and final reading for May 6, 2019. Second by Vice Mayor Bernardini.  The motion passed 5-0.

3. First Reading – Ordinance No. 906 – Revision to Peddler’s Ordinance
Consideration of revisions to Peddlers and Solicitors Ordinance.
Presentation: City Attorney
Recommendation: Approval of First Reading upon roll call vote and schedule Second and Final Reading for 5/6/19

The City Attorney explained that the ordinance is being updated to reflect the change of peddler permits being issued by the city manager rather that the (now dissolved) police department.

There was some language added due to concern with traffic safety (on page 99 of the agenda packet).  

She also clarified that the definitions of peddler and solicitor does not include charitable solicitations.
Within special event permits, a section would deal with solicitation and peddling.

Vice Mayor Bernardini made a motion to approve the first reading and schedule to second and final reading for May 6, 2019. Seconded by Council member Battista.  Approved 5-0.

4. Capital Improvement Plan
Consideration of shortlist of “critical” items.
Presentation: Community Development Director
Recommendation: Direct staff to coordinate with Finance
Department to identify funds or funding sources needed

From the agenda:

“At the March 25, 2019 workshop meeting, City Council members directed that a list of the CIP (Capital Improvement Plan) projects/items deemed critical due to their serious, dangerous, hazardous or deteriorating condition, be brought back to them for further consideration at the April 15, 2019 meeting. The Departments were each asked to provide information related to said projects that fit the terms listed above.

The following projects were identified with their associated estimated cost and targeted Fiscal Year (FY):

1. *District One Reroof (Sheriffs Lease Facility) – $14,000 (FY 2019)
2. *City Hall Security Improvements – $45,721 (Note: The amount and scope was
later reduced by Council during closed session meeting & programed for FY
3. DPW Warehouse Roll-up Doors – $9,800 (FY 2020) & $30,000 (FY 2023)
4. *DPW Old Fire House “Streets” Building Roof – $15,000 (FY 2019)
5. DPW Fleet Motor Pool Structure – $250,000 (FY 2020)
6. Stadium Decking Repair – $50,000 (FY 2020)
7. JBCC (Jerome Brown Community Center) Adult Field Softball Lights/Poles – $340,000 (FY 2020)
8. JBCC Press Box Roof & Renovations- $14,000 (FY 2020)
9 . Lamar Drinking Water Plant- $100,000 (FY 2020) & $250,000 (FY 2021)
10. East Avenue Lift Station Design/Replacement – $40,000 (FY 2020) & $110,000
(FY 2021)”

*Items italicized are recommended to be programmed in FY 2019. Bill Geiger, Community Development Director stated that the italicized items are recommended to fund within the current fiscal year which would require working with the finance department to make that happen.

Vice Mayor Bernardini motioned to approve items 1, 2, 3 and 4 to be financed or paid for through this fiscal year and for the finance department to bring back to council where the funds will come from (budget amendment).  Additionally information was requested on the most cost effective way to complete item 3. Seconded by Council member Battista.  The item passed 5-0.

5. Amendment to Personnel Manual 
Consideration to adopt amendment to Personnel Manual Sections 7.01 and 7.02 to change vacation and sick accrual back to per pay period from per hours worked.
Presentation: Finance Director, Jim Delach
Recommendation: Approval of revisions

Motion to approve by Battista, seconded by Erhard. Approved 5-0.

6. FLC – Appointment to Finance, Taxation & Personnel Committee
Consideration of Council Member appointment to FLC committee.
Presentation: City Clerk
Recommendation: Appointment of Council Member to Committee

Vice mayor Bernardini made a motion to appoint council member Brayton to the FLC Committee.  Council member Battista seconded the motion. The motion passed 5-0.

Citizen Input – There was no public comment.

Items by City Attorney – Stuparich stated there was nothing to present at that time.

Items by City Manager – Kutney announced that Delach will be retiring effective 06/18/19. Regarding the CCNA selection, the committee will begin reviewing the 18 respondents so they can present 8 potential candidates to the council.

Kutney discussed whether he can sign contracts if council has given direction in previous meetings with a motion, subject to legal review. The council agreed that he should.

Items by Council

Bernardini – There are three openings on the Beautification Board. He discussed the peddler’s permits and those who stand in the road asking for money. He would like a separate ordinance to address the safety of those who are in the roadways.

Bernardini made a motion to draft an ordinance for further discussion relating to that. Erhard seconded the motion. It passed with a 5-0 vote.

Erhard – She welcomes public comment about the Quarry. Erhard is also interested in a dog park. She discussed the PDCS lease, the lack of signage on their vehicle, and asked about piggybacking a contract with another municipality or finding a company with a more competitive rate.

Bernardini agreed that a magnetic sign could be used. He moved to request PDCS to identify their vehicles with such a sign. Battista seconded the motion. It passed 5-0.

Erhard expressed concern that the contracts binder is not complete. With upcoming budget discussions, she said they should be available for review. Erhard said Kutney advised the book is 60-75% complete. Kutney said some of the files are available electronically as well, but the project takes a long time.

Brayton – He said he looked forward to serving on the Taxation Committee.

Battista – Battista reviewed the history of the Quarry golf course beginning with 1995 when Brayton was mayor. At the time the council was advised that the golf course would be self-sustaining and would not need city funds to function. In the last 25 years three other attempts have been made to have a successful golf course.

Battista listed the public golf courses in and near Brooksville, stating that he did not thing another nine holes is not necessarily what the citizens want. A dog park would take up about half of the driving range area, he estimated. He referred to the Centennial Dog Park which was sponsored by the Rotary Club with donated materials and supplies.   

Battista discussed the Parks Department’s four public information meetings and the data collected. Seventy people participated. He said not one asked for a golf course or tennis court. What they did want was a dog park and a splash park.

Battista stated Garman and Pugh’s announcement came as a surprise to him because of the way the agenda item was written, that is was not transparent. Bernardini stated that there was no expectation that the council would fully accept whatever proposal Garman and Pugh returned to the council.

Brayton agreed with both Battista and Bernardini. The Quarry golf course is not the only option. The Parks Department meetings and the data/report are still pending. Erhard agreed that there was nothing on the agenda that explained the presentation. She wants something done but wants to hear what the people want to do.  

Kemerer – The addition of Garman’s presentation was last minute. Kemerer was asked to keep it confidential, as it could have also been brought up during citizen input time. He apologized that it was not transparent. He felt it was important to hear what a citizen wanted to say.

Of Brooksville’s 8,000 residents, only 70 people attended the four Parks meetings. Kemerer wants to see the master plan. Cost is an issue for the dog park, splash park or any other venture. Attendance is another. Kemerer reminded the council that they need to consider who they are trying to serve. County residents will use the parks as well.

Kemerer congratulated Delach on his coming retirement and joked that he would have the completed budget prepared before he left.

Bernardini would like to change the way the citizens receive responses and wants to discuss it at the next meeting.

Brayton moved to adjourn the meeting. Erhard seconded it. The meeting was adjourned with a 5-0 vote.

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