FL - Haines City: CITY COMMISSION WORKSHOP

Issues discussed this meeting include:

When and Where is the Next Meeting?

CITY COMMISSION WORKSHOP

City Commission Meeting March 19, 2020 Page 1 of 3

Tagged Interests: boards and commissions

AGENDA

CITY OF HAINES CITY, FLORIDA CITY COMMISSION MEETING

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March 19, 2020

7:00 PM

Mayor Morris West

Vice-Mayor Anne Huffman Commissioner Horace West

Commissioner Roy Tyler Commissioner Jayne Hall

COMMISSION CHAMBERS

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620 E. Main Street, Haines City, FL 33844

Tagged Interests: streets

Phone: 863-421-9921 Web: hainescity.com

1. CALL TO ORDER

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

4. PRESENTATIONS AND DISCUSSIONS

4.A. 80TH ANNIVERSARY ERNIE AND MARY HOLTSBERRY

Staff Contact: Morris West, Mayor

4.B. AMOS COWART - PRESENTATION TO THE CITY COMMISSION

Tagged Interests: boards and commissions

Staff Contact: Linda Bourgeois, City Clerk (863) 421-9921

4.C. MELANIN FAMILIES MATTER MONTH

Staff Contact: Linda Bourgeois, City Clerk (863) 421-9921

4.D. PLANNING COMMISSION - PRESENTATION TO THE CITY

Tagged Interests: planning and boards and commissions

COMMISSION

Tagged Interests: boards and commissions

Staff Contact: Linda Bourgeois, City Clerk (863) 421-9921

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.

City Commission Meeting March 19, 2020 Page 2 of 3

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5.A. MINUTES FROM CITY COMMISSION SPECIAL MEETING MARCH 3, 2020

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Staff Contact: Linda Bourgeois, City Clerk (863) 421-9921

5.B. MINUTES FROM CITY COMMISSION WORKSHOP MARCH 5, 2020

Tagged Interests: boards and commissions

Staff Contact: Linda Bourgeois, City Clerk (863) 421-9921

5.C. CEMETERY DEEDS

Staff Contact: Linda Bourgeois, City Clerk (863) 421-9921

5.D. CITY ATTORNEY INVOICE FOR THE BILLING PERIOD ENDING

Tagged Interests: legal

FEBRUARY, 2020

Staff Contact: Deric Feacher, City Manager

Tagged Interests: administrator and manager

Disposition: Approve as recommended in the City Manager

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memorandum dated March 19, 2020.

6. PUBLIC COMMENTS - REGARDING ITEMS NOT ON THE AGENDA

Public participation is encouraged. If you wish to address the City Commission regarding

Tagged Interests: boards and commissions

items not on the agenda, please fill out a Public Comment Card and submit it to the City

Clerk.

7. NEW BUSINESS

Tagged Interests: business

7.A. RESOLUTION NO. 20-1453 : LAKE CHARLES RESORT PHASE 1B

Tagged Interests: hotel

FINAL PLAT - A RESOLUTION OF THE CITY OF HAINES CITY,

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FLORIDA; GRANTING A FINAL PLAT OF THE LAKE CHARLES

Tagged Interests: grant and zoning

RESORT PHASE 1B SUBDIVISION LOCATED WEST OF US HIGHWAY

Tagged Interests: hotel and subdivision

27 NORTH AND SOUTH OF MASSEE ROAD, HAINES CITY, FLORIDA;

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SETTING FORTH CONDITIONS; PROVIDING FOR FINDINGS;

PROVIDING FOR RECORDING IN THE PUBLIC RECORDS; AND

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PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact: Richard Greenwood, Development Services Director (863)

Tagged Interests: development, services, and Development

421-9933

7.B. RESOLUTION NO. 20-1454 : A RESOLUTION OF THE CITY OF HAINES

CITY, FLORIDA; PROVIDING FOR AN AS IS CONTRACT TO

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PURCHASE REAL PROPERTY OWNED BY THOMAS L WHISLER;

Tagged Interests: purchasing and property

PROVIDING FOR FINDINGS; PROVIDING AUTHORITY FOR

EXECUTION AND DELIVERY OF AN AS IS CONTRACT TO PURCHASE

Tagged Interests: contract and purchasing

REAL PROPERTY; PROVIDING FOR GENERAL AUTHORITY; AND

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PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact: Shantavia Conner, Assistant City Manager

Tagged Interests: administrator and manager

City Commission Meeting March 19, 2020 Page 3 of 3

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7.C. RESOLUTION NO. 20-1455 : A RESOLUTION OF THE CITY OF HAINES

CITY, FLORIDA; REGARDING MOWING, LITTER REMOVAL AND

RELATED MAINTENANCE FOR THE STATE HIGHWAY SYSTEM

LOCATED WITHIN THE CITY LIMITS OF THE CITY OF HAINES CITY,

FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS;

PROVIDING AUTHORIZATION FOR THE MAYOR TO EXECUTE THE

RENEWAL MAINTENANCE AGREEMENT BE931 WITH THE STATE OF

FLORIDA DEPARTMENT OF TRANSPORTATION FOR A TERM OF

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THREE YEARS; PROVIDING FOR REPEAL OF ALL RESOLUTIONS IN

CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND

PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact: James Keene, Director of Public Infrastructure 863-421-

3777

7.D. RESOLUTION NO. 20-1456 : A RESOLUTION OF THE CITY OF HAINES

CITY, FLORIDA; RELATING TO THE STATE REVOLVING FUND LOAN

PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS;

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AUTHORIZING THE LOAN APPLICATION; ESTABLISHING PLEDGED

REVENUES; PROVIDING ASSURANCES; AUTHORIZING THE LOAN

AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES;

PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND

PROVIDING FOR AN EFFECTIVE DATE.

Staff Contact: Shantavia Conner, Assistant City Manager

Tagged Interests: administrator and manager

8. CITY MANAGER'S REPORT

Tagged Interests: administrator and manager

9. CITY CLERK'S REPORT

10. CITY ATTORNEY'S REPORT

Tagged Interests: legal

11. COMMISSION COMMENTS

Tagged Interests: boards and commissions

12. ADJOURNMENT

Website Address hainescity.com

NOTICE Pursuant to Section 286.0105 of the Florida Statutes, if any person decides to appeal any decision made by the City Commission with respect to

any matter considered at this public meeting, such person will need a record of the proceedings and for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based.
Tagged Interests: boards and commissions

For special accommodations, please notify the City Clerk s Office at least 72 hours in advance. Phone: 863-421-9921

Help for the hearing impaired is available through the

Assistive Listening System. Receivers can be obtained from the City Clerk s Office.

In accordance with the Americans with Disabilities Act (ADA), persons with a disability, such as a vision, hearing or speech impairment, or persons

needing
Tagged Interests: strategic, disability, and hearing

other types of assistance, and who wish to attend City Commission meetings or any other board or committee meeting may contact the City Clerk s

Office in writing, or may call 863-421-9921 for information regarding available aids and services.
Tagged Interests: boards and commissions and services

PROCLAMATION

Tagged Interests: recognition

WHEREAS African American women have pregnancy related deaths that are

preventable, yet they are still three to four times more likely to die compared to white women;

and

WHEREAS black babies are three times more likely to die in Polk County communities

before their first birthday than white babies; and

WHEREAS per 1,000 births, the 2016-2018 black maternal death rate in Polk County

was 6.5 times more likely than the white maternal death rate; and

WHEREAS the Polk County infant (0-364 days) death rate is a result of one or more of

seven social determinants of health; and

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WHEREAS local and national agencies such as Melanin Families Matter, Healthy Start,

Healthy Families, Drug Free Highlands, NAACP, Florida Department of Health in Polk County,

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Lakeland Regional Health, Spirit Life Ministries, and other partnering agencies choose to

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educate and advocate on behalf of African American families to provide resources and education

Tagged Interests: education

to Haines City residents; and

WHEREAS the City of Haines City recognizes that reducing the maternal and infant

Tagged Interests: recognition

mortality rate among African American families is a public health issue in Polk County and

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across the country, and together we can help save lives, close the disparity gap, and promote

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access to fair and equal health treatment for our African American mothers and babies in Polk

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County by providing resources and education.

Tagged Interests: education

NOW, THEREFORE, be it proclaimed the City of Haines City, Florida hereby recognizes the

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month of March, 2020 as:

Melanin Families Matter Month

and extend their continued support for the efforts of local agencies to provide education,

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resources and promote equal access to health care among African American families in Polk

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County.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City

of Haines City to be affixed this 19th day of March 2020.

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City Commission Special Meeting March 3, 2020 Page 1 of 13

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MINUTES CITY COMMISSION SPECIAL MEETING

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HAINES CITY, FLORIDA

March 3, 2020 7:00 PM Commission Chambers

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1. CALL TO ORDER At 7:00 p.m., Mayor Morris West called the Special City Commission Meeting to order in the City Commission Chambers located in City

Hall, at 620 E. Main Street, Haines City, Florida.
Tagged Interests: boards and commissions and streets

Mayor Morris West, Vice Mayor Anne Huffman, Commissioner Jayne Hall, Commissioner Roy Tyler, and Commissioner Horace West were in attendance.

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

Tagged Interests: legal, administrator, and manager

2. INVOCATION The invocation was provided by City Manager Deric Feacher.

Tagged Interests: administrator and manager

3. PLEDGE OF ALLEGIANCE Mayor West led the Pledge of Allegiance.

4. FERTILIZER PLANTDISCUSSION Mayor West provided an overview of the meeting on February 20, 2020, and shared he voted to suspend the demolition due

to the environmental report being from 2004. He said he wanted to have a current test done by the City, and yielded to Commissioner Tyler.
Tagged Interests: environment and demolition

Commissioner Tyler said he did not have anything to add to those comments. There was a vote taken that evening and it did not pass.

Commissioner West spoke about the 2004 report and said he was perplexed because there was a vote taken and now we are here to take another vote. He

said he believed there was not any fertilizer on site since then.

Mayor West said he was not an environmentalist and wanted an independent study conducted. He provided an example and said he did not have a problem

with the demolition, but he wanted a more current up to date study performed on the soil.
Tagged Interests: demolition

Commissioner West stated he wanted to reassure everyone in the room he did not want to put their health at risk and said he read every one of the

reports and toured the facility. He said he did not see anything in the facility but cement and rocks on the ground. The report he read said there were no risks.
Tagged Interests: health, facility, and risk

Mayor West provided an overview of the 2004 report and said he wanted to ensure the

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City Commission Special Meeting March 3, 2020 Page 2 of 13

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land was safe.

Commissioner West said the land can be tested but the building needs to go. It has been an eyesore in the community for many years, let's tear it

down, and then we can test the property.
Tagged Interests: Homebuilder and property

Mayor West reiterated his stance and then said if the ground was contaminated then there was nothing we can do with it.

Commissioner West shared the story about the old truck stop site and how the building had to be removed before the ground could be mitigated.

Tagged Interests: Homebuilder and transportation

Mayor West and Commissioner West discussed their professional backgrounds, the need for an environmental specialist to test the ground, the opinion

of Commissioner West needing the building down for appropriate testing measures, and the options of the City Commission for consideration tonight.
Tagged Interests: Homebuilder, boards and commissions, and environment

Commissioner Hall said her concern was for the community to be safe, the demolition pricing, and this being a tough situation. She said she wanted to

listen to the citizens.
Tagged Interests: demolition

Vice Mayor Huffman read excerpts from the reports provided by the City Manager. She said she was not opposed to the purchase of the fertilizer plant

because it was an eyesore and said we need to take it down. She said she was also not opposed to the deal or the strings attached to it which was that we actually gave up the opportunity of 300,000 in monies for affordable housing. However, she said she had a lot of problems with the process. She said she did not see where any negotiations had taken place and it appeared to her the City Attorney wrote up the contact and gave it to him [Don Mason]. She said tonight her concern was Mr. Mason got to pick the company performing the demolition, and asked why were we not bidding this out. Said she was about saving money but more so about saving lives.
Tagged Interests: legal, purchasing, plant, demolition, administrator, manager, and housing

She continued and said she was not there the night the initial vote took place and she would have voted for it based on the information provided. She

continued and read staff's recommendation on the purchase of the property. She said there were nine attachments with not one pertaining to the safety of the water or soil. She asked why was the information not in there? She went on to say the other parcels needed to be tested as well. She read the provisions of the contract relative to invasive testing, the contract being as is , and the unknown cost of demolition the first time it was presented to the City Commission. She said she had to request the information from the City and only got four pages; two pages from 2004 and two pages from 2005. She requested additional information and got a timeline provided by the owner, at the time, on the monitoring of a well. She spoke about the documents provided from the Florida Department of Environmental Protection (FDEP) and thanked a citizen for providing her with a July 16, 2018 report from FDEP. She pointed out the western parcel being a spray field, and read about ground storage tanks containing petroleum and pesticides as far back as 1984.
Tagged Interests: boards and commissions, agriculture, utility, Fossil Fuels - Oil, Utility, contract, water, environment, purchasing, property, demolition, and pesticide

Don Mason said from the audience the City did not own the parcel.

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City Commission Special Meeting March 3, 2020 Page 3 of 13

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Vice Mayor Huffman said please don't interrupt Mr. Mason. She continued and read the regulatory history and site contamination information, the waste

characteristics, ownership, an excerpt of the hydrostratigraphic units, and the FDEP conclusions and recommendations of the July 16, 2018 report. The highlighted excerpts she read and the full CERCLA 2018 site screening report is attached hereto and made a part of the minutes. She explained the CERCLA report stood for Comprehensive Environmental Response, Compensation, and Liability Act and said this comes hand in hand with the public's right to know. She said had the City Manager or the City Attorney provided her the report to her she would not have voted for the purchase.
Tagged Interests: compensation, regulation, legal, environment, purchasing, administrator, manager, and history

Mayor West said he had not read the report.

Commissioner Tyler said all of the information was there, we were in fact privy to, you may not have chosen to research it but we were privy to it.

He went on to say let's presume the land was contaminated, what are we going to do now? Renege on the contract? or mitigate the issue at the culmination of the building? He continued and said he thought the impact fee credits were to entice the builder to create affordable housing. He said the credits were incentives and the City was not going to give an individual 300,000. They will be building facilities going on our tax rolls. He spoke about attempts from the podium to mislead the residents and shared he lived in close proximity to the fertilizer plant. He continued and verified it was FDEP which responsible for the testing and clearance, and then asked if it was a mandatory requirement to be re-tested from their organization or if there were any fines.
Tagged Interests: Homebuilder, impact fee, taxes, Taxes, contract, plant, clearance, incentive, and housing

Vice Mayor Huffman said that was all she was provided, and Don Mason said no there was not.

Mayor West said we were here tonight to determine if we were going to demolish and then test the soil, or test the soil then demolish.

Commissioner Tyler said again let us presume the land was contaminated and asked what was the difference if we were test after or prior to the

demolition.
Tagged Interests: demolition

Mayor West said there was a big difference, and provided an analogy using the COVID- 19 as the subject. Mayor West asked so you want to poison the

community, and Commissioner Tyler asked if demolishing the building would poison the community and Mayor West said he did not know.
Tagged Interests: Homebuilder

Commissioner Tyler requested to allow the citizens to speak and then call it to vote.

Commissioner West said the best way to test the ground is to remove the building. The building had a 4 foot floor of solid concrete. You may not

agree with my opinion, but let me share it. It is easier to get the ground tested with the building gone. He spoke about the old truck stop on Highway 27, and said whatever is in the ground is already there. He said the building was solid concrete and steel. It is not contaminated, remove the building and test all of the ground. There is no threat to the community, based upon what he read, to tearing down the fertilizer plant. Remove it and if it takes ten years to decontaminate the land it is okay.
Tagged Interests: Homebuilder, transportation, and plant

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City Commission Special Meeting March 3, 2020 Page 4 of 13

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Mayor West said none of the City Commission was against demolishing the fertilizer plant it is a matter of when and if it is safe.

Tagged Interests: boards and commissions and plant

The City Commission discussed the following:

Tagged Interests: boards and commissions

1. Having the invasive testing done prior to the demolition 2. The value of getting the land tested versus outweighing the waiting 3. Spending more

money on drilling through the concrete to test
Tagged Interests: demolition

City Manager Feacher clarified the documentation in question was provided to the City Commissioners and a bunch of citizens as well. He said if

anyone in the audience wanted the minutes, audio recordings, and the documentation they can leave their contact information and we would provide it to them.
Tagged Interests: administrator and manager

He continued and explained the property agreement went forward due to a letter from the Department of Environmental Protection stating the well did

not need to undergo any more monitoring and was good. From his perspective, when staff had received the official letter stating there was no need to continue groundwater testing, we took that is if it came from the Florida Department of Environmental Protection.
Tagged Interests: environment and property

He continued and said it was not our intentions, in any form or fashion, not to share anything. He went on to address Vice Mayor Huffman and said he

was out of town when the request came in for the reports and he wanted to make sure all of the information was provided at one time and sent to her. In the agenda items and during discussion - he went back through the agenda items and listened to the audio of the meetings - it had been communicated you that you had that right as an elected official to have the testing done. Another discussion point was that the property was purchased as is and if you did not want to, you did not have to go forward. He said as the City Manager, he did not have any issues if the City wanted to do the testing. We, as staff, want to make sure we are going to do what you are asking. He said he did believe all of the information was communicated and apologized. He said he would go back and verify what was submitted and what was not.
Tagged Interests: purchasing, property, administrator, and manager

Vice Mayor Huffman asked the date of the letter from FDEP and City Manager Feacher said the letter was sent back to the owner on December 8, 2004.

She said right, then she said you did hear 2018. He said the individual did not know the monitoring was done.
Tagged Interests: administrator and manager

Don Mason said they did not know that letter existed.

Vice Mayor Huffman said that letter was for one of three wells. It was for the wells and nothing to do with everything else. She said if you say you

recommend it, I am putting all of my trust in what you say and that is what you said. City Manager Feacher said yes I did. She went on to say you did not provide any of that information until after the fact. There was no mention of this until the last City Commission meeting. Surely you read the report and you are not concerned. The last report requested a Comprehensive Environmental Response, Compensation, and Liability Act follow-up inspection. Why does that not concern you?
Tagged Interests: compensation, boards and commissions, environment, administrator, and manager

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City Commission Special Meeting March 3, 2020 Page 5 of 13

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