MINUTES

City Commission Meeting

HAINES CITY, FLORIDA

 

January 3, 2019              7:00 PM              Commission Chambers

1.              Call To Order

At 7:00 p.m., Mayor Morris West called the City Commission Meeting to order in the City Commission Chambers located in City Hall, at 620 E. Main Street, Haines City, Florida.

 

Mayor Morris West, Vice Mayor Don Mason, Commissioner Roy Tyler, and Commissioner Horace West were in attendance. Commissioner Anne Huffman was excused.

 

Also in attendance were the following staff members: City Manager Deric Feacher, City Attorney Fred Reilly, and City Clerk Linda Bourgeois.

2.              Invocation

Elder Jeffrey Harrison provided the invocation.

3.              Pledge of Allegiance

Mayor West led the Pledge of Allegiance.

4.              Presentations and Discussions

4.A.              2018 Institute for Elected Municipal Officials IV: Municipal Leadership Recognition

Staff Contact:              Linda Bourgeois, City Clerk 

City Clerk Bourgeois presented the certificate of completion for the 2018 Institute for Elected Municipal Officials IV: Municipal Leadership to Mayor Morris West.

RESULT:              PRESENTED

5.              Consent Agenda

The action proposed is stated for each item on the Consent Agenda. Unless a City Commissioner removes an item from the Consent Agenda, no discussion on individual items will occur and a single motion will approve all items.

 

Mayor West presented the consent agenda for approval. There was not any discussion on the consent agenda.

 

Mayor West opened the floor for public comments.

 

There were no members of the public that came forward to speak to the Mayor and City Commission.

 

Mayor West closed the floor for public comments.

 

Commissioner West moved to approve the consent agenda. Vice Mayor Mason seconded the motion.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Horace West, Commissioner

SECONDER:              Don Mason, Vice Mayor

AYES:              Don Mason, Horace West, Roy Tyler, Morris West

EXCUSED:              Anne Huffman

5.A.              Minutes from City Commission Workshop – December 6, 2018

Staff Contact:              Linda Bourgeois, City Clerk

5.B.              Minutes from City Commission Meeting – December 6, 2018

Staff Contact:              Linda Bourgeois, City Clerk

5.C.              Minutes from City Commission Public Reception – December 11, 2018

Staff Contact:              Linda Bourgeois, City Clerk

5.D.              Minutes from City Commission Workshop – December 18, 2018

Staff Contact:              Linda Bourgeois, City Clerk

5.E.              Minutes from City Commission Meeting – December 18, 2018

Staff Contact:              Linda Bourgeois, City Clerk

5.F.              Cemetery Deeds

Staff Contact:              Linda Bourgeois, City Clerk 

5.G.              Florida Black Caucus - Local Elected Officials Spring Conference Request

Staff Contact:              Linda Bourgeois, City Clerk 

Disposition:              Approve as recommended in the City Manager memorandum dated January 3, 2019.

5.H.              Environmental Monitoring Plan Contract

Staff Contact:              Tracy Mercer, Utilities Director 

Disposition:              Approve as recommended in the City Manager memorandum dated January 3, 2019.

5.I.              PC Software Purchase

Staff Contact:              Brian Ross, IT Director 

Disposition:              Approve as recommended in the City Manager memorandum dated January 3, 2019.

5.J.              Computer Purchases

Staff Contact:              Brian Ross, IT Director 

Disposition:              Approve as recommended in the City Manager memorandum dated January 3, 2019.

6.              Public Comments - Regarding Items Not on the Agenda

Public participation is encouraged. If you wish to address the City Commission regarding items not on the agenda, please sign your name on the list located in the City Hall Chambers entrance.

             

 

Mayor West opened the floor for public comments.

 

There were not comments from the public.

 

Mayor West closed the floor to public comments.

7.              Old Business

7.1.              Ordinance No. 18-1623 : AN ORDINANCE OF THE CITY OF HAINES CITY, FLORIDA; AMENDING CHAPTER 2 ADMINISTRATION, SECTION 2-6 AND 2-7 OF THE CODE OF ORDINANCES RELATED TO THE TRAVEL AND PER DIEM POLICY FOR ELECTED OFFICIALS AND EMPLOYEES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CODIFICATION AND SCRIVENERS ERRORS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact:              Shantavia Conner, Office of Management & Budget Dir. 

City Manager Feacher presented on the Travel Policy Ordinance.

 

City staff has reviewed the current policy and presented the recommended changes to the City Commission during the December 6, 2018 Workshop.

 

·              Eliminate $50 provision for spouse.

·              Change travel time from 8:00 am to 6:00 am to be provided breakfast.

·              Mileage reimbursement is from place of employment unless departure is from home and is a shorter distance.

·              Provide $55 per diem for all meals regardless if provided through the conference. This per diem amount has not changed.

·              Provision for car rental for City staff at discretion of City Manager.

·              Clarification of applicability by adding definitions.

 

(a)              an “elected official” shall be one of the five (5) citizens who constitute the city commission as set forth in Section 3.01 of the City Charter.

 

(b)              the “Charter officers” shall include the City Manager, City Clerk, and City Attorney as set forth in Article VIII of the City Charter.

 

(c) the “Executive Management Team” shall be comprised of the City Manager and the department directors.

 

This Ordinance was continued on November 1, 2018 and is being presented tonight on first reading.

 

Mayor West opened the public hearing.

 

There were no public comments.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Ordinance into record by title only.

 

Vice Mayor Mason moved to approve Ordinance 18-1623 on first reading. Commissioner West seconded the motion.

RESULT:              APPROVED ON FIRST READING [UNANIMOUS]              Next: 1/17/2019 7:00 PM

MOVER:              Don Mason, Vice Mayor

SECONDER:              Horace West, Commissioner

AYES:              Don Mason, Horace West, Roy Tyler, Morris West

EXCUSED:              Anne Huffman

7.2.              Second and Final Reading - Ordinance No. 18-1630 : DRWS PROPERTY PROJECT RPUD - AN ORDINANCE OF THE CITY OF HAINES CITY, FLORIDA, AMENDING ORDINANCE NO. 03-1060, BY AMENDING THE ZONING MAP OF THE CITY BY AMENDING THE ZONING MAP TO FROM CITY R-1-AA TO RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT); PROPERTY PARCELS ARE LOCATED EAST OF POWELINE ROAD AND THE HIDDEN LAKE PRESERVE SUBDIVISION AND SOUTH OF JOHNSON AVENUE, IN HAINES CITY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR A COPY TO BE KEPT ON FILE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact:              Richard Greenwood, Development Services Director 

City Manager Feacher said there were no changes since first reading.

 

Mayor West opened the public hearing.

 

Robert Friedmeyer said he did not have an issue with the property but he said the first property (Hidden Lakes) had water pooling by the pumping station. Water is leaving the property. He said he has spoken to many entities and city staff members about his concerns. He said without the retention pond completed, it allows the water to drain towards the pumping station. He wanted to ensure there are proper water retention ponds in place.

 

Senior Planner April Brown displayed an overview of the area on the projector and explained Mr. Friedmeyer was referencing a previously approved project. She pointed out there were 4.3 acres set aside for a retention pond on the south end of this parcel.

 

The City Commission discussed the resurrected development, and asked Robert Friedmeyer for some time to research his concern.

 

Vice Mayor Mason said there was an agency that was responsible for making sure the water does not leave the property so they would need to be notified. 

 

Sharon Garrett brought up the Hidden Lakes development and the roadway concerns. She said the developer was supposed to meet with her and Mr. Friedmeyer in December and she never received a call. She said the water should not be an issue because it is not the 1980’s. She went on to ask about when Johnson Avenue would be opened back up to traffic due to a sinkhole and was told by the Mayor it was a county project. She concluded by saying she would like to see the issue of the Powerline Road fixed because people do not stay in their lanes.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Ordinance into record by title only.

 

Vice Mayor Mason moved to approve Ordinance 18-1630 on second and final reading. Commissioner West seconded the motion.

RESULT:              APPROVED ON SECOND READING [UNANIMOUS]

MOVER:              Don Mason, Vice Mayor

SECONDER:              Horace West, Commissioner

AYES:              Don Mason, Horace West, Roy Tyler, Morris West

EXCUSED:              Anne Huffman

7.3.              Second and Final Reading - Ordinance No. 18-1631 : GRACE AVENUE ANNEXATION PARCEL 2 - AN ORDINANCE OF THE CITY OF HAINES CITY, FLORIDA; ANNEXING CERTAIN LAND INTO THE CORPORATE LIMITS OF HAINES CITY, FLORIDA AND REDEFINING THE BOUNDARY LINES OF THE MUNICIPALITY TO INCLUDE PROPERTY OWNED BY CROOKED C RANCH, INC.,  PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR ANNEXATION; PROVIDING FOR PUBLICATION OF NOTICE OF THE PROPOSED ANNEXATION AND FILING OF THIS ORDINANCE WITH THE CLERK OF CIRCUIT COURT IN AND FOR POLK COUNTY, FLORIDA AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR LAND USE AND ZONING DESIGNATIONS; PROVIDING FOR A COPY TO BE KEPT ON FILE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact:              Richard Greenwood, Development Services Director 

City Manager Feacher said there were no changes since first reading.

 

Mayor West opened the public hearing.

 

There were no public comments.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Ordinance into record by title only.

 

Commissioner West moved to approve Ordinance 18-1631 on second and final reading. Vice Mayor Mason seconded the motion.

RESULT:              APPROVED ON SECOND READING [UNANIMOUS]

MOVER:              Horace West, Commissioner

SECONDER:              Don Mason, Vice Mayor

AYES:              Don Mason, Horace West, Roy Tyler, Morris West

EXCUSED:              Anne Huffman

8.              New Business

8.A.              Ordinance No. 19-1632 : HIDDEN LAKE III & IV RPUD - AN ORDINANCE OF THE CITY OF HAINES CITY, FLORIDA; AMENDING ORDINANCE NO. 03-1060, BY AMENDING THE ZONING MAP OF THE CITY BY AMENDING THE ZONING MAP TO FROM CITY R-1 TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD); PROPERTY PARCELS ARE LOCATED EAST OF POWERLINE ROAD, EAST AND SOUTH OF THE HIDDEN LAKE PRESERVE SUBDIVISION AND SOUTH OF JOHNSON AVENUE, IN HAINES CITY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR APPROVAL OF ZONING MAP AMENDMENT TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AND CONDITIONS; PROVIDING FOR A COPY TO BE KEPT ON FILE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.

Staff Contact:              Richard Greenwood, Development Services Director 

City Manager Feacher presented on the Hidden Lake III and IV Residential Planned Unit Development. He read the analysis into record.

 

The requested action is to approve a zoning map amendment.

 

·              Current Zoning - City Residential-1 (R-1)

·              Proposed Zoning - City Residential Planned Unit Development (RPUD)

·              Proposed Use - Single-family residential development with a maximum of 155 lots

·              Property Location - East of Powerline Road, east and south of the Hidden Lake Preserve subdivision and south of Johnson Avenue

·              Proposed Size:  44.70+/- acres

·              Polk County Property Appraiser Parcel Number - 272726-000000-034010

 

An Application for a zoning map amendment from City R-1 to City RPUD has been received from ECON South, LLC on behalf of JBT Properties, LLC, to develop a single-family residential subdivision.  The proposed project includes the following:

 

·              Maximum number of lots - 155

·              Gross Land Mass - 44.70± acres

 

The property currently has a City Land Use of Low Density Residential and a City zoning of R-1.  Additionally, the Planning Commission in its meeting of December 17, 2018, unanimously voted to forward the RPUD zoning request to the City Commission for approval.

 

Existing Conditions:

The property to the east of the project is residential. To the south, along Johnson Avenue and Poweline Road, the majority of the area is zoned Residential or Agriculture, with the Hidden Lake Preserve Subdivision currently building homes. 

At present, the site is remained vacant and is not being used at this time.  Most of the properties on the west and east side of the site are for residential use. Approving this request will not cause any adverse impacts upon adjoining properties, due to the similarity in uses.

The subject property does not contain any known environmental constraints for development, with the exception of Phase IV which has wetland areas and will be protected with buffering.  No rare, endangered, threatened or special concern species or wildlife habitats were observed on the site.

All applicable documents (application, fee, impact statement) have been received for this request.

 

Relevant Project Data & Proposed Standards 

·              Project Entrances - Will be on East Johnson Avenue and East Hinson Avenue.

·              Number of Lots - Maximum of 155.  

·              Roadways - 24 feet wide with curb built to City of Haines City roadway standards. 

·              Utilities - Cable TV, telephone, gas, and electric to be located underground and within a 10 foot utility easement on both sides of the street. 

·              Sidewalks - 5' sidewalks installed on each side of the 24 foot wide streets.

·              Landscaping - All City codes for landscaping will be met or exceeded. 

·              Recreation/Open Space - 1.99± acres

·              Setbacks:

·              Front- 25 feet

·              Rear - 15 feet

·              Side - 6 feet

·              Front Side - 20 feet

·              Accessory - 5 feet

·              Minimum Lot Width - 52 feet x 120 feet

·              Minimum Floor Area - 1,400 SF, with a maximum of 10% of the units having a minimum floor area of 1,250 SF

·              Minimum Garage Size - 400 SF

 

Development Summary

              ·              Project Size - 44.70± acres

              ·              Current Just Market Value - $160,697

              ·              Estimated Taxable Value - $24,747,338 (assuming 154 units @ $160,697 x 0.0075895 net taxable value per unit)

              ·              Estimated City Tax Receipts - $129,381 (based on Estimated Taxable Value)

 

Mayor West opened the public hearing.

 

Robert Friedmeyer asked where are we going to put the people and said this is a two lane road [referencing Powerline Road]. He said he had enough issues trying to get out onto the road and pointed out there was an area of the road that was already sinking. He recommended to have more than just one entrance and exit and was told there were plans for two entrances and exits. 

 

Senior Planner April Brown pointed out there was not an entrance or exit onto Powerline Road.

 

Sharon Garrett said this particular development was in the route of the proposed Central Polk Parkway. She wanted them to take that into consideration prior to approval. She continued and said you are interfering with the city’s future roadway plans and asked for gravel to be placed on the roadside. She concluded by saying the drainage for the developments will end up in Lake Mariam, which is part of the upper Kissimmee basin.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Ordinance into record by title only.

 

Vice Mayor Mason moved to approve Ordinance 18-1632 on first reading. Commissioner Tyler seconded the motion.

RESULT:              APPROVED ON FIRST READING [UNANIMOUS]              Next: 1/17/2019 7:00 PM

TO:              City Commission

MOVER:              Don Mason, Vice Mayor

SECONDER:              Roy Tyler, Commissioner

AYES:              Don Mason, Horace West, Roy Tyler, Morris West

EXCUSED:              Anne Huffman

8.B.              Resolution No. 19-1354 : 7-ELEVEN SPECIAL SIGN DISTRICT - A RESOLUTION OF THE CITY OF HAINES CITY, FLORIDA; GRANTING A CONDITIONAL USE TO PERMIT A SPECIAL SIGN DISTRICT FOR THE 7-ELEVEN CONVENIENCE STORE, LOCATED AT THE NORTHWEST CORNER OF HINSON AVENUE EAST AND HIGHWAY 17/92 NORTH, HAINES CITY, FLORIDA; SETTING FORTH CONDITIONS; PROVIDING FOR FINDINGS; PROVIDING FOR RECORDING IN THE PUBLIC RECORDS; AND PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact:              Richard Greenwood, Development Services Director 

City Manager Feacher presented on the Resolution. He read the analysis into record.

 

An application has been submitted for a Conditional Use Permit for a Special Sign District for the proposed 7-Eleven Convenience Store. They are requesting two building signs, 2 window signs, and 2 monument signs.

 

The property is currently zoned Commercial General (CG).  In this zoning district, a Special Sign District is permitted with a conditional use, subject to the following conditions:

 

1.              The size, location, and design of the signs in the district shall be substantially in conformance with the total signage that would be permitted by the district regulations.

 

              The applicant has provided detailed drawings and pictures of the proposed signage which meet the criteria listed above. The size and amount of signage complies with the requirements of the Land Development Regulations (LDRs). The Special Sign District is necessary to allow the desired signage for the 7-Eleven Convenience Store.

 

              Per Section 7.4.11 of the Land Development Regulations, the maximum number of signs allowed for a property zoned General Commercial (CG) is four signs. The Surface Prep Supply sign is located on the 7-Eleven property. The land is in the process of being platted to divide the Surface Prep Supply property into two parcels, therefore creating a new parcel for the 7-Eleven. The Surface Prep Supply sign has taken one of the four allowable signs for the site. 7-Eleven has proposed four signs advertising it's convenience store for a total of five signs on the property. The square footage for all five signs totals 358.8 sq. ft. which meets the 400 sq. ft. maximum standard for a CG zoned property.

 

2.              The district shall create a unified approach to signage and identify all elements of sign design including style, size, location, color, and materials. 

 

              The applicant has provided detailed drawings and pictures of the proposed signage which meet the criteria listed above.

 

3.              The theme display of accessories (such as vehicles, statues, etc.) shall be included as part of the Special Sign District approval.

 

There are no displays of accessories at this time.

 

In addition to the above listed requirements, Staff has added one additional condition, which is as follows:

 

1.              The signage must comply with the 2017 Florida Building Code 6th Edition at time of permitting.

 

The application has been reviewed for compliance and the above criteria have been met.  The request has also met all notification requirements.

 

Mayor West opened the public hearing.

 

There were no public comments.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Resolution into record by title only.

 

Commissioner West moved to approve Resolution 19-1354.  Commissioner Tyler seconded the motion.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Horace West, Commissioner

SECONDER:              Roy Tyler, Commissioner

AYES:              Don Mason, Horace West, Roy Tyler, Morris West

EXCUSED:              Anne Huffman

8.C.              Resolution No. 19-1355 : 14TH STREET DUPLEXES CONDITIONAL USE - A RESOLUTION OF THE CITY OF HAINES CITY, FLORIDA; GRANTING A CONDITIONAL USE TO PERMIT DUPLEXES EAST OF 14TH STREET AT THE INTERSECTIONS OF LEDWITH AVENUE AND NORMA AVENUE, HAINES CITY, FLORIDA; SETTING FORTH CONDITIONS; PROVIDING FINDINGS; PROVIDING FOR RECORDING IN THE PUBLIC RECORDS; AND PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact:              Richard Greenwood, Development Services Director 

City Manager Feacher presented on the resolution and read the analysis into record.

 

Vice Mayor Mason recused himself due to owning the land and abstained from voting.

 

Request to authorize a Conditional Use Permit request to allow duplexes at the property located east of 14th Street at the intersections of Ledwith Avenue and Norma Avenue, Haines City, Florida, 33844.

 

Background

An application has been submitted for a Conditional Use Permit to allow duplexes east of 14th Street at intersections of Ledwith Avenue and Norma Avenue. These proposed duplexes are located to the south of already existing duplex units at 113 South 14th Street. This will be a new construction project of approximately 15 duplex buildings with 30, 3-bedroom units.

 

The property is currently zoned Residential (R-2) and a Conditional Use approval is required by the Haines City Land Development Regulations (LDRs) for duplexes in this zoning district.

 

The application has been reviewed for compliance by staff, including the general Conditional Use criteria contained in Sec.20.2.2.D of the LDRs which are listed below:

 

Condition

1.              Ingress and egress to the property and structures, with particular reference to automotive and pedestrian safety and convenience, traffic flow and access in case of fire or catastrophe.

 

Response

These criteria were found to be in compliance, as the duplex units will have 2 accesses off of 14th Street.

 

Condition

2.              Off-street parking and loading areas, refuse and service areas, with particular attention to item 20.2.2.E.1 (Open Space), above and to effects on surrounding property.

 

Response             

Sufficient parking is being provided for this project.

 

Condition

3.              Utilities, location, availability and compatibility.

 

Response

Utilities are available and will meet all requirements with regard to location and compatibility.   

 

Condition

4.              Screening and buffering; type, dimensions, and location.

 

Response

Landscaping and buffering will be provided as per the City's Land Development Regulations.

 

Condition

5.              Signs, if any, and proposed lighting.

 

Response

The duplex project will be required to meet the City’s Land Development Regulations with regard to signage.

 

Condition

6.              Provide an access to the Haines City Trail and open space area for recreational purposes.

 

Response

This project abuts the Haines City Trail and access will be provided, along with open space area for recreational purposes.

 

The application has been reviewed for compliance and the above criteria for conditional uses have been met, therefore the request shall be approved. The request has also met all notification requirements.

 

Staff recommended approval of the resolution with the following conditions:

 

1.              Approval of this conditional use does not release the applicant from meeting the requirements of all other applicable sections of the City of Haines City’s Land Development Regulations, Code of Ordinances, and Growth Management Plan. 

 

2.              Violations of any conditions of approval shall be deemed a violation of the Land Development Regulations and shall give rise to the City’s right to cancel the permitted conditional use upon 30 days’ advance written notice.

 

3.              Applicant shall be required to comply with all Haines City signage regulations.

 

4.              Provide an access to the Haines City Trail and open space area for recreational purposes.

 

5.  Approval of the Conditional Use does not constitute approval of the Site Plan as it was only reviewed for sufficiency to proceed with the request.

 

Mayor West opened the public hearing.

 

There were no public comments.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Resolution into record by title only.

 

Commissioner Tyler moved to approve Resolution 19-1355.  Commissioner West seconded the motion.

RESULT:              APPROVED [3 TO 0]

MOVER:              Roy Tyler, Commissioner

SECONDER:              Horace West, Commissioner

AYES:              Horace West, Roy Tyler, Morris West

ABSTAIN:              Don Mason

EXCUSED:              Anne Huffman

8.D.              Resolution No. 19-1356 : A RESOLUTION OF THE CITY OF HAINES CITY, FLORIDA; PROVIDING FOR A SECOND AMENDMENT TO THE NEUTRALIZER MONITORING AND SERVICE AGREEMENT BETWEEN THE CITY OF HAINES CITY, FLORIDA AND BCR ENVIRONMENTAL CORPORATION; PROVIDING FOR FINDINGS; PROVIDING AUTHORITY FOR THE EXECUTION AND DELIVERY OF THE SECOND AMENDMENT TO THE NEUTRALIZER MONITORING AND SERVICE AGREEMENT; PROVIDING FOR GENERAL AUTHORITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact:              Tracy Mercer, Utilities Director 

City Manager Feacher presented on the resolution. He read the analysis into record.

 

Introduction

On behalf of the City of Haines City, Florida (“City”), City Attorney Fred Reilly has negotiated a Second Amendment to the Neutralizer® Monitoring and Service Agreement (“Second Amendment”) with BCR Environmental Corporation (“BCR”). 

 

The purpose of this Agenda Item is to seek the City Commission’s approval of the Second Amendment and the Resolution authorizing execution of the Second Amendment.

 

Background

The City and BCR entered into the Neutralizer® Monitoring and Service Agreement between the City and BCR dated October 6, 2011 and modified by the First Amendment to the Neutralizer Monitoring and Service Agreement, dated October 17, 2013 (collectively referred to as the “Neutralizer Agreement”);

 

The City has recognized significant economic and qualitative benefits from the Neutralizer® System and Neutralizer Agreement and desires to continue such benefits.

 

BCR values its partnership relationship with Haines City and desires to continue  providing the services outlined in the Neutralizer Agreement;

 

The City and BCR agree the changes to the Neutralizer Agreement herein described are desirable in order for the Parties to continue realizing the benefits of the Agreement.

 

The City Attorney and BCR’s counsel negotiated three provisions which are fully set forth in the Second Amendment and are stated therein as follows:

 

1.              Section 3 (a) (Treatment Fee: Treatment, Process Guarantee, Monitoring, Operating, and Supporting the Neutralizer® System) is hereby deleted in its entirety and replaced with:

“There shall be a treatment fee based on the sludge discharged from the process tanks of the System (“Treatment Fee”).  The Treatment Fee shall be seventy-eight dollars fifty-five cents ($78.55) per one thousand (1,000) gallons of four percent (4.0%) solids concentration Waste Activated Sludge (“WAS”) discharged from the process tanks of the System as measured through the BCR Environmental discharge flow meter.  This fee will be adjusted annually each July by the percentage annual change in the CPI and BCR shall provide Haines City with written confirmation of the adjusted annual fee no later than July 15 of each year.  The Treatment Fee is to compensate BCR Environmental for the Total Chemical Management Program and operations monitoring of the System. In the event either party makes a reasonable determination that the annual adjustment method based on the percentage annual change in the CPI will become financially unsustainable, then the parties agree to use commercially reasonable efforts to work together promptly to negotiate a further amendment to this Agreement. Upon notice of the initiation of negotiations (to be sent by certified letter to the other party), the parties will have a period of ninety (90) days to complete such negotiations. If the parties cannot agree to a further amendment within the ninety (90) day period, then all existing rights and obligations in the Agreement, as previously amended, shall remain in full force and effect.”

 

2.              Section 4 (Term) is hereby deleted in its entirety and replaced with:

“The term of this Agreement (the “Term”) shall be coterminous with the term, including any and all term extensions, of that certain State of Florida Department of Environmental Protection and City of Haines City, Florida Clean Water State Revolving Fund Design and Construction Loan Agreement WW530440 dated May 19, 2015 by and between Haines City and the State of Florida Department of Environmental Protection (the “SRF Loan Agreement”), with one (1) ten (10) year optional renewal term (the “Renewal Option Term”).”

 

3.              Section 18 (Notices) was revised with updated contact information for the respective representatives of the City and BCR.

 

Budget Impact

The budget impact of the Second Amendment is that future rate increases of the treatment fee based on the sludge discharged from the process tanks of the System shall be tied to the annual rate adjustment in the Consumer Price Index (based on the July CPI for each year the Agreement (as amended) is in existence. Upon approval of the Second Amendment, the initial rate shall be seventy-eight dollars fifty-five cents ($78.55) per one thousand (1,000) gallons of four percent (4.0%) solids concentration Waste Activated Sludge (“WAS”) discharged from the process tanks of the System as measured through the BCR Environmental discharge flow meter.

 

In conjunction with execution of the Second Amendment, BCR shall pay all past due statements (in the amount of $188,460.00 as of December 27, 2018) related to Neutralizer Agreement.

 

Vice Mayor Mason recused himself due to ownership interest in the company and abstained from voting.

 

City Attorney Reilly added a few points and said he had been communicating with the attorneys at BCR and read a statement into records relating to the past due payments and going forward. BCR intends to make the payments as soon as the second amendment is executed. In addition, BCR intends to become current on past due amounts by making catch-up payments throughout the first three quarters of 2019. The statement said BCR appreciated the help and assistance from City Manager Feacher, Deputy City Manager Brown, Director Mercer, and Linda Fisher.

 

Mayor West opened the public hearing.

 

There were no public comments.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Resolution into record by title only.

 

Commissioner Tyler moved to approve Resolution 19-1356.  Commissioner West seconded the motion.

RESULT:              APPROVED [3 TO 0]

MOVER:              Roy Tyler, Commissioner

SECONDER:              Horace West, Commissioner

AYES:              Horace West, Roy Tyler, Morris West

ABSTAIN:              Don Mason

EXCUSED:              Anne Huffman

8.E.              Resolution No. 19-1357 : A RESOLUTION OF THE CITY OF HAINES CITY, FLORIDA; PROVIDING FOR A DECLARATION THAT THE REVERTER PROVISION CONTAINED IN THAT CERTAIN QUIT CLAIM DEED FROM THE CITY OF HAINES CITY, FLORIDA TO THE HAINES CITY CHAMBER OF COMMERCE DATED DECEMBER 21, 1962 AND THE MODIFIED REVERTER PROVISION CONTAINED IN THAT CERTAIN MODIFIED INDENTURE DATED SEPTEMBER 6, 2006 SHALL BE TERMINATED; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR FINDINGS; PROVIDING FOR TERMINATION OF THE REVERTER PROVISION; PROVIDING FOR GENERAL AUTHORITY; PROVIDING FOR RECORDING IN THE PUBLIC RECORDS; AND PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact:              Deric Feacher, City Manager 

City Manager Feacher presented on the termination of reverter clause relative to the Chamber of Commerce.

 

The analysis was inserted into the minutes by the City Clerk.

 

Introduction

The purpose of this Agenda Item is to seek the City Commission’s approval of the Resolution formally terminating the Reverter Provision in the 1962 Quit Claim Deed from the City of Haines City to the Haines City Chamber of Commerce.

 

Approval of the Resolution will provide the Haines City Chamber of Commerce with clarity about its ownership of the Real Property conveyed by the 1962 Quit Claim Deed.

 

Background

The City of Haines City (“Haines City”) executed that certain Quit Claim Deed to the Haines City Chamber of Commerce (“Chamber”) dated December 21, 1962 and recorded in OR Book 669, Page 619 on January 15, 1963 in the Public Records of Polk County, Florida (hereinafter the “1962 Quit Claim Deed”), a copy of which is attached hereto.

 

The 1962 Quit Claim Deed transferred the following real property (hereinafter the “Real Property”) from Haines City to the Chamber: 

 

Lot 11, Haines City Industrial Park, according to plat recorded in Plat Book 45, Page 10, Public Records of Polk County, Florida.

 

The 1962 Quit Claim Deed contains a reverter provision (hereinafter the “Reverter Provision”) which states as follows:

This deed is on the condition precedent that the above property shall be used exclusively as the office and headquarters of the Haines City Chamber of Commerce and if said property ceases for a period of 90 days to be used for said purpose, title to same shall revert to the party of the first part.

 

Haines City and the Chamber executed a Modified Indenture on September 6, 2006 (hereinafter the “2006 Modified Indenture”) concerning the Real Property which contains a modified reverter provision (hereinafter the “Modified Reverter Provision”) which states as follows:

 

This deed is granted subject to a reversionary interest in the City of Haines City as described below; This deed is granted on the condition precedent that the above property shall be used exclusively as the office and headquarters of the Haines City Chamber of Commerce. If the property ceases for a period of 90 consecutive days to be used for said purposes, title to the property shall revert to the party of the first part. Furthermore, should the Haines City Chamber of Commerce desire to change its name, it must first obtain the written consent of the City of Haines City. The Haines City Chamber of Commerce has requested that the City consent to a name change from "Haines City Chamber of Commerce," to "Haines City-Northeast Polk County Regional Chamber of Commerce," and the City hereby consents to such a name change. Should the name be changed again without the express written consent of the City Commission of the City of Haines City, then this deed and the title to the property described herein shall revert back to the City of Haines City.

 

Section 689.18, Florida Statutes, addresses reverter or forfeiture provisions and states as follows:

 

(1) It is hereby declared by the Legislature of the state that reverter or forfeiture provisions of unlimited duration in the conveyance of real estate or any interest therein in the state constitute an unreasonable restraint on alienation and are contrary to the public policy of the state.

 

(2) All reverter or forfeiture provisions of unlimited duration embodied in any plat or deed executed more than 21 years prior to the passage of this law conveying real estate or any interest therein in the state, be and the same are hereby canceled and annulled and declared to be of no further force and effect.

 

(3) All reverter provisions in any conveyance of real estate or any interest therein in the state, now in force, shall cease and terminate and become null, void, and unenforceable 21 years from the date of the conveyance embodying such reverter or forfeiture provision.

 

(4) No reverter or forfeiture provision contained in any deed conveying real estate or any interest therein in the state, executed on and after July 1, 1951, shall be valid and binding more than 21 years from the date of such deed, and upon the expiration of such period of 21 years, the reverter or forfeiture provision shall become null, void, and unenforceable.

 

(5) Any and all conveyances of real property in this state heretofore or hereafter made to any governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or nonprofit corporation or association are hereby excepted from the provisions of this section.

 

(6) Any holder of a possibility of reverter who claims title to any real property in the state, or any interest therein by reason of a reversion or forfeiture under the terms or provisions of any deed heretofore executed and delivered containing such reverter or forfeiture provision shall have 1 year from July 1, 1951, to institute suit in a court of competent jurisdiction in this state to establish or enforce such right, and failure to institute such action within said time shall be conclusive evidence of the abandonment of any such right, title, or interest, and all right of forfeiture or reversion shall thereupon cease and determine, and become null, void, and unenforceable.

 

(7) This section shall not vary, alter, or terminate the restrictions placed upon said real estate, contained either in restrictive covenants or reverter or forfeiture clauses, and all said restrictions may be enforced and violations thereof restrained by a court of competent jurisdiction whenever any one of said restrictions or conditions shall be violated, or threat to violate the same be made by owners or parties in possession or control of said real estate, by an injunction which may be issued upon petition of any person adversely affected, mandatorily requiring the abatement of such violations or threatened violation and restraining any future violation of said restrictions and conditions.

 

Haines City has not instituted suit in a court of competent jurisdiction in this state to establish or enforce such right, and therefore has abandoned any such right, title, or interest, and all right of forfeiture or reversion related to the Real Property as required by Section 689.18 (6), Florida Statutes.

 

The Chamber has requested that Haines City formally acknowledge and confirm that the Reverter Provision and the Modified Reverter Provision have been terminated and are null, void, and unenforceable consistent with Section 689.18, Florida Statutes, so that the Chamber has clarity about its ownership of the Real Property.  

 

For full disclosure, the following was announced: The Mayor serves as an ex-officio to the Chamber of Commerce, as well as City Manager Feacher, and the City Attorney represents both entities. 

 

City Attorney Reilly stated he is also an ex-officio board member as well.

 

Mayor West opened the public hearing.

 

There were no public comments.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Resolution into record by title only.

 

Commissioner West moved to approve Resolution 19-1357.  Commissioner Tyler seconded the motion.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Horace West, Commissioner

SECONDER:              Roy Tyler, Commissioner

AYES:              Don Mason, Horace West, Roy Tyler, Morris West

EXCUSED:              Anne Huffman

8.F.              Resolution No. 19-1358 : A RESOLUTION OF THE CITY OF HAINES CITY, FLORIDA; ACKNOWLEDGING THE RECEIPT OF THE ASSIGNMENT AND ASSUMPTION OF CONTRACT FOR THE APPROVAL OF ENCO UTILITY SERVICES FLORIDA, LLC. AS THE VENDOR OF THE CITY OF HAINES CITY, FLORIDA TO PROVIDE UTILITY BILLING STATEMENTS; PROVIDING FOR AUTHORITY TO EXECUTE DOCUMENTS; PROVIDING FOR INCORPORATION OF RECITALS; AND PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact:              Shantavia Conner, Office of Management & Budget Dir. 

City Manager Feacher presented on the resolution. She said this was a request for approval to "piggy back" off of the Florida Municipal Power Agency's contract with ENCO for Utility Billing Services.

 

Currently the City contracts with Municode for the processing of our Utility Billing statements. Municode has decided to discontinue its Utility billing services to include the printing and mailing of our statements, to become more of a software company. They have decided to move their daily production to their long-standing partner, ENCO Utility Services.  They have been partnered with ENCO for several years in lockbox processing and call center services.  ENCO has also been a bill print and mail company for years.

 

Prices for the contract will remain the same, along with their development services, cycle processing, insert ordering, and daily supervision will be all the same.

 

Mayor West opened the public hearing.

 

There were no public comments.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Resolution into record by title only.

 

Commissioner West moved to approve Resolution 19-1358.  Vice Mayor Mason seconded the motion.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Horace West, Commissioner

SECONDER:              Don Mason, Vice Mayor

AYES:              Don Mason, Horace West, Roy Tyler, Morris West

EXCUSED:              Anne Huffman

8.G.              Resolution No. 19-1359 : A RESOLUTION OF THE CITY OF HAINES CITY, FLORIDA; AMENDING THE FEE SCHEDULE FOR CHARGES ASSOCIATED WITH DEPARTMENTAL PROCEDURES OR PROCESSES; PROVIDING FOR THE INCORPORATION OF RECITALS; PROVIDING FOR AMENDMENTS; EXERCISING THE USE OF GRANTED ADMINISTRATIVE AUTHORITY; PROVIDING FOR THE CITY CLERK TO KEEP A COPY OF THE UPDATED FEE SCHEDULE ON FILE; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact:              Linda Bourgeois, City Clerk 

City Manager Feacher presented on the resolution. She said the resolution reflects the changes as recommended by the City Commission from the workshop. 

 

1. Police Department - $10.00 per Breathalyzer test and remove the 3-5 day lien search.

 

2. Parks and Recreation - $50.00 up to four hours and $100.00 full day Gazebo rental

 

3. City Clerk - $ 400.00 per niche in the Columbarium and corrected the size of a half space to be consistent with the code of ordinances.

 

Mayor West opened the public hearing.

 

There were no public comments.

 

Mayor West closed the public hearing.

 

City Attorney Reilly read the Resolution into record by title only.

 

Commissioner West moved to approve Resolution 19-1359.  Vice Mayor Mason seconded the motion.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Horace West, Commissioner

SECONDER:              Don Mason, Vice Mayor

AYES:              Don Mason, Horace West, Roy Tyler, Morris West

EXCUSED:              Anne Huffman

9.              City Manager's Report

City Manager Feacher said Happy New Year.

10.              City Clerk's Report

City Clerk Bourgeois requested authorization to attend the upcoming Professional Education Committee meeting on January 11, 2019 in the Town of Palm Shores.

 

The City Commission granted her permission to attend.

 

She concluded by announcing the 2019 Election Qualifying Week.

11.              City Attorney's Report

There was not a report from the City Attorney.

12.              Commission Comments

Vice Mayor Mason said Happy New Year.

 

There were no other City Commission comments.

13.              Adjournment

At 7:51 p.m., the City Commission meeting was adjourned.

 

 

 

 

 

 

 

APPROVED:

 

 

 

 

 

 

BY:

 

 

 

 

ATTEST:

 

 

 

 

 

 

 

 

 

Linda Bourgeois

City Clerk