Please note that the format of this Agenda and the Order of Business has a new look and order, consistent with recent discussions by the City Commission as part of an overall Agenda/Order of Business project. This new fonnat will be followed as part of the process of finalizing changes that will ultimately be codified in the City Code. Thoughts and comments from the Public regarding these changes are welcomed and there will be opportunity to speak publicly on this topic at an upcoming meeting when fonnal ordinance changes are proposed.
CITY OF BARTOW CITY COMMISSION REGULAR MEETING MONDAY, APRIL 20,2015 AT 6:30 P.M. (EST) OR AS SOON THEREAFTER AS POSSIBLE CITY HALL COMMISSION CHAMBERS, 450 NORTH WILSON AVENUE, BARTOW, FL 33830
AGENDA
1. CALL TO ORDER
2. INVOCATION - Reverend Jim Hatch, First Presbyterian Church of Bartow
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. PROCLAMATIONS AND SPECIAL PRESENTATIONS
4.01 Presentation of Proclamation recognizing PowerTalk 21® Day, being accepted by Mary Dean, Victim Advocate/Program SpeCialist and Volunteer of Mothers Against Drunk Driving (MADD) of Polk County.
4.02 Presentation of Proclamation recognizing Just Say No Week May 3, 2015 thru May 9, 2015. Being accepted by Ernie Cooper, Just Say No Committee Chairperson.
4.03 Presentation of Proclamation recognizing April 26, 2015 thru May 2, 2015 as Tobacco Free Florida Week. Being accepted by Bartow High School SWAT (Students Working Against Tobacco) Club.
4.04 Presentation of Proclamation recognizing Donate Life Month. Being accepted by Joni Finkbeiner, living kidney donor.
4.05 Presentation of Tokens of Appreciation to outgoing 2014-2015 Mayor's Youth Council Members Zach Hastings, Trace Sams, Abigail Suhr, and William Gibson.
5. CITY ANNOUNCEMENTS
6. GENERAL PUBLIC COMMENT - At this time, the Commission will receive comments from the public regarding matters not appearing on this agenda. City Commission Regular Meeting Monday, April 20, 2015 Page 2 of 3
7. REPORTS OF CHARTER OFFICERS
7.01 City Manager Communications
7.02 City Attorney Communications
8. AGENDA MODIFICATION/APPROVAL
9. PUBLIC HEARINGS - FIRST AND SECOND READINGS
9.01 PUBLIC HEARING - Approval of request to apply for and the use of the FY 2015-2016 Community Development Block Grant (CDBG) in the amount of $84,852.00 as recommended by the Citizen's AdviSOry Committee.
10. PUBLIC COMMENT ON AGENDA ITEMS - At this time, the Commission will receive comments from the public regarding matters that appear on this agenda, not otherwise scheduled for a separate Public Hearing.
11. CONSENT AGENDA
11.01 Approval of Minutes from the City Commission Work Session held on April 6, 2015.
11.02 Approval of Minutes from the City Commission Regular Meeting held on April 6, 2015.
11.03 Approval to reappoint Board Members Julianne Clark and Chris Miller to the Historic Architectural Review Board. The new terms will expire April 2018.
11.04 Approval to appoint Alternate Board Member Pat Crisman to a regular seat on the Joint Airport Zoning Board to fill a vacancy created by the resignation of Board Member Keith Hall. The term is indefinite.
11.05 Approval to appoint Larry MacBlane to the Recreation AdviSOry Board to fill a vacancy created by the resignation of Board Member Marty Wilson. The term will expire January 2018. Recommendation is being made by Commissioner Clements.
11.06 Approval of City Commissioner absence(s) for April 4, 2015; excusal(s): None. City Commission Regular Meeting Monday, April 20, 2015 Page 3 of 3
12. OTHER COMMISSION BUSINESS
12.01 OLD BUSINESS - None 12.02 NEW BUSINESS - None
12.02.1 Consideration of a request from the Polk County Office of the County Attorney to accept a deed from Polk County conveying escheated properties pursuant to Section 197.592, Florida Statutes.
13. RESOLUTIONS
13.01 Resolution No. 15-3883-R - a resolution of the City Commission of the City of Bartow; establishing "The Mayor's Art Club" to encourage and promote art and artistic achievement by students in the City of Bartow; and providing for an effective date.
14. COMMISSIONER COMMENTS
14.01 MAYOR HUFF 14.02 VICE-MAYOR JACKSON 14.03 COMMISSIONER LONGWORTH 14.04 COMMISSIONER CLEMENTS 14.05 COMMISSIONER PFEIFFER
15. ADJOURNMENT
Please be advised that if you desire to appeal from any decisions made as a result of the above hearing or meeting, you will need a record of the proceedings and in some cases a verbatim record is required. You must make your own arrangements to produce this record. (Florida Statute 286.0105). If you are a person with a disability who needs any accommodation in order to paliicipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the City Clerk's Office at 450 N. Wilson Avenue, P.O. Box 1069, Bartow, Florida 33831-1069 or phone (863) 534-0100 within 2 working days of your receipt of this meeting notification; if you are hearing or voice impaired, call 1-800-955-8771. Posted at Citv Hall. Bartoli' Public LibrGll' the Citv's Website 1I'1I'1I'.citvo(bartoll'.net on Avril 16. 2015. CITY OF BARTOW
WWW.CITYOFBARTOW.NET
Welcome to the City of Bartow's City Commission meeting. We are glad you are here and we appreciate your interest in our Community. We value your comments and participation.
To assist you in making presentations to the City Commission, please consider the following procedural guidelines.
+:+ We do not generally allow comments during our work session unless they are specifically asked for by the Mayor or Commission to clarify an item. If comments are solicited, we ask you to subject yourself to a maximum three minute comment. We ask that you be patient and save your comments for the regular Commission meeting.
+:+ Each speaker shall provide his or her name and address to the Clerk on our Speaker's Identification form prior to the beginning of the meeting.
+:+ We encourage you to speak and become active in your city but please do so at the appropriate time on the agenda.
+:+ Comments on items scheduled for Public Hearing will be allowed only during the announced Public Hearing time frame.
+:+ In the meeting section titled "Consideration of Questions from the floor, Petitions and Communications", you may comment on any other matters, subject to a maximum time limit of three minutes to speak. In the event of a large number of speakers in a particular meeting, your time may be limited in order to allow all an opportunity to speak. Speakers going over the allotted time limit may be called out of order by the Mayor and asked to return to their seats.
+:+ While speaking, speakers shall refrain from personal attacks, abusive language, issues in litigation or under investigation, and issues that the Commission deems as not falling within their area of responsibility.
These guidelines are intended to help us streamline our meeting time so that we may conduct business in an orderly manner on your behalf. It is not our intent to keep our citizens from participating in the democratic process.
We are glad you are here and hope you find your experience with your City Government a good one. Thank you for attending. / Cordially, q/ ,~# i PH: 863.534.0100 ~ FAX: 863.534.0409 ~ 450 N. WILSON AVENUE, P.O. BOX 1069, BARTOW, FL 33830 ORDINANCE ADOPTION PROCEDURE First Reading of Ordinances 1. After the caption of the Ordinance is read, the motion should be to set the same for public hearing (or to continue to a time certain - in which event there shall be an immediate vote on the motion to continue; if that motion fails, the following process would continue): 2. After the motion is seconded, the Mayor announces that this is not a public hearing. 3. The Mayor may then (but needn't) call on Staff to explain the Ordinance. The Staff report shall not exceed ten (10) minutes. 4. The City Commissioners may direct questions to Staff. 5. The Mayor asks the Clerk to call the roll for a vote. Only under extraordinary circumstances should this vote be negative (and never regarding a quasi-judicial matter, such as zonings, re zonings, plat approvals, etc.). Second Reading of Ordinances 1. After the caption of the Ordinance is read, the motion should be to adopt or to defeat the Ordinance (or to continue to a time certain -in which event there shall be an immediate vote on the motion to continue; if that motion fails, the following process would continue): 2. After the motion is seconded, the Mayor announces that this is a public hearing and announces the following procedure and that it shall apply to all second readings on the Agenda: (a) First Staff shall explain the Ordinance. The Staff presentation shall not exceed ten (10) minutes. (b) The Applicant and/or his representatives shall then speak. They shall initially have a maximum of fifteen (15) minutes and may have a maximum of five (5) minutes for rebuttal after all members of the public have had an opportunity to speak. (c) Members of the public shall have a maximum of five (5) minutes each to present their views. (d) A member of the public may have a maximum of fifteen (15) minutes if he represents at least two other persons who are present and yield their time to him, and he makes this known to the Mayor prior to the meeting. (e) City Commissioners may direct questions to any speaker (whose time to speak shall not be affected by the length of their answers). (f) Speakers should not be redundant by repeating remarks of previous speakers, although they are welcome to announce their approval of previous remarks by other speakers. (g) Addressing the Commissioners without being recognized, clapping, shouting, hooting and the like from the audience will not be tolerated, nor will personal attacks by speakers. (h) Within these parameters, everyone who wishes to speak shall be given that opportunity. 3. When all the speakers have been heard, the Mayor closes the public hearing, asks for comments from the Commissioners and then asks the Clerk to call the roll for a vote. ~roclamatton WHEREAS, the City of Bartow, recognizes the importance of parents talking with their teens about alcohol in order to reduce the risks and dangers posed to teens and commuriities; and WHEREAS, high school students who use alcohol or other substances are five times more likely to drop out of school or believe good grades are not important; and WHEREAS, 27 percent of middle school students try alcohol before graduating from 8th grade, significantly increasing the risk that they will develop alcohol problems later in life; and WHEREAS, teen alcohol use kills 4,700 people each year, more than all other illegal drugs combined; and WHEREAS, the majority of kids say their parents are their primary influence when it comes to decisions about drinking alcohol; and WHEREAS, PowerTalk 21@ day, started by Mothers Against Drunk Driving® (MAD D) in 2011, is established on April 21, 2015, to encourage parents and caregivers to embrace their important role in influencing America's youth and their decisions about drinking alcohol; and WHEREAS, in 2015, MADD will kick off "21 Days in Support of 21," beginning on April 1st and culminating on PowerTalk 21 on April 21 St, as part of Power ofParent s:sl program to create a sustained and prolonged conversation about underage drinking among middle school and high school students; and WHEREAS, to equip parents to talk with their teens about alcohol, MADD Polk County will distribute Power of Parent handbooks to equip parents with the tools to effectively talk to their children about alcohol to protect them; and WHEREAS, I urge all citizens to join in the local and national efforts to raise awareness of the importance of parents and teens talking together about alcohol to reduce the risks and dangers posed to teens and communities; and NOW, THEREFORE BE IT RESOLVED by the City Commissioners of Bartow, Florida that we do hereby proclaim the 21st day of April 2015, as: PowerTalk 21® Day in the City of Bartow, Florida. Date at Bartow, Florida this 20th day of April, 2015. CITY OF BARTOW By:. ______~ ~--=------ Mayor W. Patrick Huff ATTEST WITH SEAL: By:-.,.,-----:::--:---=-____:-:---=- ---= ______City Clerk Jacqueline Poole ~roclamation WHEREAS, each year the abuse of drugs, including alcohol, results in severe pain and hardship for thousands of children and their families throughout Florida; and, WHEREAS, the procurement and use of drugs has dramatically increased the crime rate throughout Florida and contributes significantly to the overcrowding of Florida's criminal justice system and to the number of deaths on Florida highways; and, WHEREAS, many young people feel pressured to abuse drugs and alcohol, and our community is participating in a national effort to combat this problem during the week of May 4th through May 10th, 2015. NOW, THEREFORE, I, W. Patrick Huff by virtue of the authority vested in me as Mayor of the City of Bartow, Florida, do hereby proclaim th th the week of May 4th through May 10 , 2015 as the 25 annual: "Just Say No Week" in Bartow, Florida and urge all citizens to participate in Bartow's Just th Say-No Parade on May 5 , 2015 beginning at 9:00 a.m. on Main Street and followed by the Just-Say-No Rally at the Bartow High School Gym. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Bartow, Florida, to be affixed this 20th day of April, 2015. CITY OF BARTOW By:, ______Mayor W. Patrick Huff ATTEST WITH SEAL: By: ______City Clerk Jacqueline Poole ~roclamation WHEREAS, tobacco use is still the leading cause of preventable illness, disability and premature death and is responsible for upwards of 29,000 deaths, and causes more deaths than alcohol, AIDS, illicit drugs, car accidents, suicide and homicide combined; and WHEREAS, children are more likely to have lung problems, ear infections and severe asthma from being around tobacco smoke, and more than 40 percent of children who go to the emergency room for asthma attacks live with a smoker and a severe asthma attack can put a child's life in danger; and WHEREAS, Tobacco Free Florida is a statewide campaign which educates the public about the health issues of secondhand smoke exposure, the importance of quitting tobacco use, promotes tobacco cessation and prevention, and strives for a tobacco-free environment for future generations; and WHEREAS, the theme of the week "Quit and Tell" is to celebrate the quitters in the state, recruit them as story tellers and to inspire more Floridians to join them by using TFF's 3 Free & Easy Ways to Quit; and WHEREAS, Polk County is committed to the goals and objectives ofTobacco Free Florida Week through a week-long series of public health activities and programs; and WHEREAS, Polk County Students Working Against Tobacco and Tobacco Free Partnership of Polk County are collaborating with local businesses and organizations to promote living tobacco-free where we play, where we learn, where we work and where we live; NOW, THEREFORE BE IT RESOLVED by the City Commissioners of Bartow, Florida that we do hereby proclaim April 26, 2015 through May 2, 2015 as: Tobacco Free Florida Week in the City of Bartow, Florida. Date at Bartow, Florida this 20th day of April, 2015. CITY OF BARTOW By:,~ __~~~~~=- ______Mayor W. Patrick Huff ATTEST WITH SEAL: By:--:-:---::::--~ __::----=----: ____ _ City Clerk Jacqueline Poole ~roclamatton WHEREAS, one of the most meaningful gifts that a human being can bestow upon another is the gift of life; and, WHEREAS, more than 28,000 Americans receive a lifesaving organ transplant every year; and, WHEREAS, a new patient is added to the national patient waiting list for an organ transplant every 10 minutes; and, WHEREAS, more than 123,000 men, women and children are currently on the national waiting list for organ transplantation, of which nearly 1,100 are in the West and Southwest Florida area; and, WHEREAS, an average of 19 people die every day awaiting an organ transplant that does not come in time; and, WHEREAS, one organ, tissue and eye donor can save or enhance the lives of as many as 60 people; and, WHEREAS, everyone is a potential organ, eye and tissue donor and can register their wish to save lives through organ and tissue donation at www.DonateUfeFlorida.Org or on their driver license. NOW, THEREFORE, I, James F. Clements by virtue of the authority vested in me as Mayor of the City of Bartow, Florida, do hereby proclaim April 2015 as "DONATE LIFE MONTH" in the City of Bartow and encourage all Bartow residents to consider giving life through organ donation and to sign up on Florida's organ and tissue donor registry when renewing their driver- license or state-identification card. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Bartow, Florida, to be affixed this 20th day of April, 2015. CITY OF BARTOW By: ______Mayor W. Patrick Huff ATTEST WITH SEAL: By:--:-_:--:---:-_--:-----:::----:::____ _ City Clerk Jacqueline Poole REQUEST FOR APPROVAL Item NO.9. 01 CITY OF BARTOW ALLOCATION - FY 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Summary: The Grant Department is requesting approval to apply for an estimated $84,852.00 through the CDBG Municipal Partner Solicitation. The funding will be earmarked for an ADA ramp upgrade in the area of MLK Boulevard and L.B. Brown Avenue and will cover approximately 3,700 feet. The ADA upgrade is a part of a larger project that also includes the upgrade of crosswalks with brick inlays in the same area. The CRA has been asked to consider matching the CDBG grant funds of $84,852 to cover the estimated cost for seventeen (17) crosswalks. Scope of Work: ADA Engineering Survey and Design work ... Estimated Cost $20,000 ADA Ramps -17 units at approximately $4,000 each Estimated Cost $64,852 Background Information: Three (3) informational discussions were advertised and conducted to allow for community understanding and participation in submitting eligible projects. The Citizen's Advisory Committee (CAC) advertised Public Hearing, held on April 9, 2015, resulted in a recommendation prioritizing two (2) projects to be completed with funding approval. The ranking is as follows: (1) Carver Center Game Room - submitted by Parks & Recreation with the intent of demolishing the existing locker rooms in the new gym and reconstructing that area to accommodate a game room; (2) MLK & LB BROWN ADA Upgrade - submitted by Public Works with the intent of ordering the necessary survey and design work for the placement of as many ADA ramps that cost allows. Staff Analysis/Recommendation: Following the CAC April 9th Public Hearing and in preparation of the grant application it was determined that the removal of the locker rooms was not in the best interest of the facility's event planning needs. If it became necessary for the City to replace the locker/bathroom area the cost would be extensive. Based on all the available information at this time, the Grant Department recommends that the City of Bartow move forward with the CDBG application to request funding approval for the ADA ramp upgrade at the Avenues of MLK and L B Brown. The proposed project meets the intent of the City of Bartow's Strategic Plan, Goal 2 & 3 - Objective 4 - Upgrade streets, curbs and sidewalks and improves the appearance and curb appeal oft City of Bartow. CITY OF BARTOW CITY COMMISSION WORK SESSION MONDAY, APRIL 6, 2015 AT 5:30 P.M. (EST) OR AS SOON THEREAFTER AS POSSIBLE 450 N. WILSON AVENUE, BARTOW, FL 33830 MINUTES The City Commission of the City of Bartow met in a Work Session on Monday, April 6, 2015 at 5:30 p.m. in the Commission Chambers located at City Hall, 450 N. Wilson Avenue, Bartow, FL 33830. Notice of this meeting was posted at City Hall, Bartow Public Library and on the City's website www.cityofbartow.net on April 2, 2015. 1. CALL TO ORDER Mayor Huff called the meeting to order at 5:32 p.m. 2. ROLL CALL City Clerk Poole called the roll and attendance was as follows: Commissioners Present: Commissioner Trish Pfeiffer Commissioner James Clements Commissioner Leo E. Longworth Vice Mayor J. Adrian Jackson Mayor W. Patrick Huff Commissioners Absent: None Staff Members Present: City Attorney Sean Parker City Manager George Long Finance Director David Wright City Clerk Jacqueline Poole 3. REPORTS OF COMMITTEES Commissioner Longworth reported that he would not attend the April 20, 2015 Work Session or Regular Meeting. City Commission Work Session Minutes April 6, 2015 at 5:30 p.m. Page 2 of 3 4. REPORTS OF OFFICERS ~ City Attorney City Attorney Parker deferred his comments to after the New Business items. ~ City Manager City Manager Long distributed a copy of the Maple Avenue construction schedule (attached therein and described as Exhibit A). City Manager Long distributed copies of the Bartow, Florida Economic Development Initiative dated May 2012. He stated that he referred to the document in his staff report for Regular Meeting agenda item 11.02.3 concerning economic development. 5. UNFINISHED BUSINESS None 6. NEW BUSINESS 6.01 Discussion and consideration of implementation of a Mayor's Art Club program as proposed by Commissioner Pfeiffer. Commissioner Pfeiffer thoroughly reviewed a draft proposal for a Mayor's Art Club program during the Work Session. After a brief discussion, there was consensus to place it as a new business item on the Regular Meeting agenda. (Copy ofproposal is attached therein and described as Exhibit 8). 6.02 Determination of procedure to appoint or reappoint Board Members Julianne Clark and Chris Miller to the Historic Architectural Review Board. The new terms will expire April 2018. Consensus was to place the reappointments of Julie Clark and Chris Miller to the Historic Architectural Review Board on the April 20, 2015 Regular Meeting Agenda. 6.03 Determination of procedure to appoint Alternate Board Member Pat Crisman to a regular seat on the Joint Airport Zoning Board to fill a vacancy created by the resignation of Board Member Keith Hall. The term is indefinite. City Commission Work Session Minutes April 6, 2015 at 5:30 p.m. Page 3 of 3 Consensus was to place the appointment of Alternate Member Pat Crisman to a Regular Seat on the Joint Airport Zoning Board on the April 20, 2015 Regular Meeting Consent Agenda. 6.04 Determination of procedure to fill the Alternate Seat on the Joint Airport Zoning Board. The term is indefinite. Commissioner Jackson was assigned to bring a recommendation to fill an Alternate Seat on the Joint Airport Zoning Board for an indefinite term. City Attorney Parker solicited feedback from the Commission regarding the new agenda format. After some discussion, there was consensus from the Commission to move the general public comment from number thirteen to number six for the upcoming agendas. Commissioner Longworth reminded the Commissioners to be conscious to give everyone the same amount of time to speak during the public comment period. Commissioner Clements stated that he would be in favor of changing the public comment period time limit from three minutes to five minutes. Commissioner Pfeiffer agreed with Commissioner Clements. Commissioner Longworth said most speakers finished within three minutes, that it seemed to be working okay but it could be monitored. There was consensus to keep it limited to three minutes. 7. ADJOURNMENT With no further business to discuss, Mayor Huff adjourned the meeting at 6:22 p.m. Mayor W. Patrick Huff Attest: City Clerk Jacqueline Poole (seal) CITY OF BARTOW CITY COMMISSION REGULAR MEETING MONDAY, APRIL 6, 2015 AT 6:30 P.M. (EST) OR AS SOON THEREAFTER AS POSSIBLE 450 N. WILSON AVENUE, BARTOW, FL 33830 MINUTES The City Commission of the City of Bartow met in a Regular Meeting on Monday, April 6, 2015 at 6:30 p.m. in the Commission Chambers located at City Hall, 450 N. Wilson Avenue, Bartow, FL 33830. Notice of this meeting was posted at City Hall, Bartow Public Library and on the City's website www.cityofbartow.net on April 2, 2015. 1. CALL TO ORDER Mayor Huff called the meeting to order at 6:31 p.m. 2. INVOCATION Invocation was given by Deacon Patricia Spencer, Holy Trinity Episcopal Church. 3. PLEDGE OF ALLEGIANCE TO THE FLAG The Commissioners and audience gave the Pledge of Allegiance to the Flag. 4. PROCLAMATIONS AND SPECIAL PRESENTATIONS 4.01 Presentation of proclamation recognizing April 14, 2015 as Children's Day. Being accepted by Gregg Heinkel, Community Outreach Coordinator for the Early Learning Coalition of Polk County. City Attorney Parker read the proclamation in its entirety. Mayor Huff presented the proclamation to Gregg Heinkel, Community Outreach Coordinator for the Early Learning Coalition of Polk County. He stated that the City appreciates the good work that the Early Learning Coalition does. Mr. Heinkel thanked the Commission for their long time support of the Early Learning Coalition. He stated that children are what matters most. 4.02 Presentation of Proclamation recognizing April 17, 2015 and April 18, 2015 as City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 2 of 20 Relay for Life Days. Being accepted by members of the Relay For Life of Bartow and Lake Wales Leadership Team. City Attorney Parker read the proclamation in its entirety. Mayor Huff stated that Bartow has always been a big supporter of Relay for Life. He encouraged the citizen's to attend the Relay event. He presented the proclamation to members of the Bartow and Lake Wales Relay for Life Leadership Teams. 4.03 Presentation of Proclamation recognizing April 2015 as Water Conservation Month. Being accepted by Dan Lott, Bartow Water Plant Operator. City Attorney Parker read the proclamation in its entirety. Mayor Huff stated that the City has been active in water conservation. He said Bartow has high quality water. He urged all citizens to conserve water particularly during Water Conservation Month. He presented the proclamation to Dan Lott, Water Plant Operator. Mr. Lott stated that the Water Department realizes that they are behind the scenes and not often thought about until the water is not there but they are up to the challenge to make sure that water flows 24/7/365. He said the staff consists of good working and educated individuals, who are proud of what they do. He asked that the public conserve every chance they get because it is not a bottomless pit of water. 4.04 Presentation of Proclamation recognizing April 2015 as Parental Alienation Month. Being accepted by Danica Fields, Executive Director of Kids Need Both, Inc. City Attorney Parker read the proclamation in its entirety. Mayor Huff presented the proclamation to Danica Fields, Executive Director of Kids Need Both, Inc. Ms. Fields invited the Commissioners to the Music and Awareness Festival V.I.P. Reception on April 23, 2015. She stated that the festival is April 24 and April 25, 2015. She said there would be many parent/child activities. She said the purpose of the event is to create an environment so that children and parents can do something meaningful together. 4.05 Presentation of Proclamation recognizing National Public Safety Communications Week, April 12, 2015 through April 18, 2015. Being accepted City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 3 of 20 by members of the Bartow Police Communications Department. City Attorney Parker read the proclamation in its entirety. Mayor Huff stated that the City is glad to participate in National Public Safety Communications Week because the operators work behind the scenes each day and night. He said they are always there when you need them. He presented the proclamation to Melissa Johnting, Stephanie Dolphy, and Lauren Tomlinson and thanked them for their dedication. 4.06 Presentation of Proclamation recognizing National Volunteer Week, April 12, 2015 through April 18, 2015. Being accepted by Lyn Bryan Bartow Police Department Community Service Coordinator and Sgt. Bryan Dorman. City Attorney Parker read the proclamation in its entirety. Mayor Huff thanked all the volunteers from organizations and committees that operate within the City. He presented the proclamation to Community Service Coordinator Lyn Bryan, Sgt. Bryan Dorman, Reserve Officers Billy Groover and Mike Butler, Citizen's On Patrol member Dolores and David Lane. Mrs. Bryan noted that Mr. and Mrs. Lane contributed approximately 2,400 hours of their time in the past year. 4.07 Presentation of Proclamation recognizing Keep Bartow Clean and Beautiful Clean-Up Day, April 11, 2015. Being accepted by Solid Waste Director Reggie McNeil. City Attorney Parker read the proclamation in its entirety. Mayor Huff encouraged all the citizens to help with the clean-up event. He congratulated the Solid Waste Department for the great job that they do in keeping the City clean all year long. He presented the proclamation to Solid Waste Director Reggie McNeil. Director McNeil thanked the City Manager and elected officials for allowing the Solid Waste Department to continue having this event. He announced that the event would be on April 11, 2015 from 8:00 a.m. to 11:00 a.m. He said as a token of our appreciation a grilled lunch will be provided to the volunteers at Ft. Blount Park at 11:30 a.m. He said if anyone who wants to volunteer should contact the Solid Waste Department. He also gave a special thank you to the following sponsors: Bartow Wal-Mart, Bartow Publix, Polk County Solid Waste, Polk County Management Division, and Katie Dobson, Executive Director of Keep Polk County Beautiful. He added that Ms. Dobson provides all the City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 4 of 20 supplies for the volunteers. 5. CITY ANNOUNCEMENTS Commissioner Pfeiffer commented on how well the Employee Appreciation Luncheon turned out. 6. REPORTS OF CHARTER OFFICERS 6.01 City Manager Communications 6.01.1 Acceptance of the Community Redevelopment Agency (CRA) Quarterly Report MOTION was made by Commissioner Longworth, seconded by Vice Mayor Jackson to receive and accept the Community Redevelopment Agency quarterly report as presented. VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Longworth, Pfeiffer, Jackson, Huff NAY: None Motion carried. City Manager Long reviewed the Maple Avenue crossing construction schedule. He expects the project to be completed June 5, 2015. He stated that a written notice along with a copy of the schedule would be mailed by the Police Department to approximately 200 property owners within the vicinity of the project. (Copy of schedule is attached to the Work Session minutes/ and identified as Exhibit A). City Manager Long reported that the City received a request for eight 50 lb. bags of sand for the luminaries that will line the track during the Relay for Life event. He stated that the Electric Department had bags of sand leftover from sand blasting work that they had done some time ago. He said it is currently taking up storage space and recommended that it be donated. He estimated that they were valued at $8.00 per bag. There was consensus from the Commission to make the donation on behalf of the City to the Relay for Life group. 6.02 City Attorney Communications City Attorney Parker had no further comments. City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 5 of 20 7. AGENDA MODIFICATION/APPROVAL Mayor Huff stated that an item to discuss and adopt a Mayor's Youth Art Club program as proposed at the Work Session will be added as New Business under item number 11.02.04. 8. PUBLIC HEARINGS - FIRST AND SECOND READINGS 8.01 PUBLIC HEARING - ORDINANCE NO. 2015-01 - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF BARTOW, FLORIDA; SAID AMENDMENT BEING KNOWN AS "AMENDMENT #CPA-15-01-LSTEXT"; SPECIFICALLY TO CHANGE THE FUTURE LAND USE OF PARCELS OF LAND OWNED BY J.K. STUART PROPERTIES, LLC, ET. AL. AND MODIFYING THE TEXT OF GOAL 2; OBJECTIVE 2.5 AND POLICIES 2.5.1 AND 2.5.2 OF THE FUTURE LAND USE ELEMENT; TRANSMITTING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) FOR A FINDING OF COMPLIANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE UPON FINAL PASSAGE. City Attorney Parker read the ordinance by title only: "AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF BARTOW, FLORIDA; SAID AMENDMENT BEING KNOWN AS "AMENDMENT #CPA-15-01-LSTEXT"; SPECIFICALLY TO CHANGE THE FUTURE LAND USE OF PARCELS OF LAND OWNED BY J.K. STUART PROPERTIES, LLC, ET. AL. AND MODIFYING THE TEXT OF GOAL 2; OBJECTIVE 2.5 AND POLICIES 2.5.1 AND 2.5.2 OF THE FUTURE LAND USE ELEMENT; TRANSMITTING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) FOR A FINDING OF COMPLIANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE UPON FINAL PASSAGE." MOTION was made by Commissioner Clements, seconded by Commissioner Longworth to approve on first reading of Ordinance 2015-01, an amendment to the Future Land Use Map of the Comprehensive Plan of the City of Bartow, Florida; said amendment being known as "Amendment #CPA-15-01-LSTEXT"; specifically to change the Future Land Use of parcels of land owned by J.K. Stuart Properties, LLC, ET AL. and modifying the text of Goal 2; Objective 2.5 and Policies 2.5.1 and 2.5.2 of the Future Land Use Element; transmitting said amendment to the Florida Department of Economic Opportunity (DEO) for a finding of compliance; providing for severability; and providing for an effective date upon final passage. City Commission Regular Meeting Minutes MondaYI April 61 2015 Page 6 of 20 Planning Director Wiegers stated that this project is referred to as Stuart Crossings. He said Stuart Crossings is a project that the Commission first reviewed in 2004-2005 timeframe. He said since that time the market and economy has changed. He stated that this application has come back to the Commission for review in a reformatted point of view. He said the big change is now this project has the opportunity to utilize additional roadway networks that were recently constructed (Ernest M. Smith Boulevard). He stated that the project is 567 acres. He said the original amendment that was reviewed ten years ago was larger than this. He noted that the acreage that has been pulled out is a result of the construction of Ernest M. Smith Blvd. Planning Director Wiegers reviewed the staff report. (Staff report attached therein and described as Exhibit B). Jack Brandon, Attorney, Peterson and Myers, P.A., 100 W. Stuart Street, Lake Wales. Attorney Brandon stated that Peterson and Myers, P.A. law firm represents the applicant J.K. Stuart Properties, LLC. He introduced the applicants and gave a summary of the property and the Stuart family. Attorney Brandon stated that they worked closely with Polk County for the right-of-way that was made available for Ernest M. Smith Blvd. He said they also developed connections to the boulevard through that cooperative effort with Polk County recognizing long-term that there would be development on that corridor. Attorney Brandon also introduced Bart Allen, Attorney, of Peterson and Myers, P.A., Dave Carter and Blaine Carter of Carter Engineering, Clint Wallace of Sage Land Group, and Matthew West of Lassiter Transportation Group. Attorney Brandon stated that he has had two meetings with the City's department heads relative to these proposed changes, reviewing the utility issues and the transportation network and they have had excellent cooperation from City staff in terms of review and analysis through those meetings. Dave Carter, Professional Engineer, Carter Engineering, 137 5th NW, Winter Haven highlighted the changes as identified in Planning Director Wieger's staff report. Mayor Huff asked if there would be many access points along Ernest M. Smith Blvd. or if there would be a frontage road. Mr. Carter stated that there are three main access pOints (median openings): Center of the property West end of property behind Bartow Ford Eastern side where the curve is Mr. Carter said there would be internal frontage roads or internal subdivision streets that would come off those main roads. City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 7 of 20 Commissioner Clements asked if the road coming off the hospital would be a continuation of the present road that dead-ends on the east end. Mr. Carter said the plan is to run it through northeasterly then eventually go through the middle alignment of Ernest M. Smith Blvd. Clint Wallace, Sage Land Group, 105 S. Florida Avenue, Lakeland briefed the Commission on Sage Land Group, the development history of the property, what to expect from ownership going forward, and discussed the market for the land uses in the Comprehensive Plan amendment. Attorney Brandon asked that this Large Scale Comprehensive Plan Amendment be transmitted to the Department of Economic Opportunity for comment. He said it comes before the Commission with a favorable staff and Planning and Zoning Commission recommendation. He asked for the Commission's favorable consideration. Commissioner Clements stated that it would seem logical to develop highway frontage on parcel between Bartow Ford and the hospital, and some of the parcels south of the hospital. He asked if there were any plans to develop those for any type of restaurant pads. Attorney Brandon replied absolutely. He said not until now has there been a strong intiative to market these properties. He said the focus has been working with Polk County in terms of Ernest M. Smith Blvd. He said that would be part of the Planned Development. He said that City staff has asked that all of the property be incorporated into the one Planned Development. He stated that all of the parcels would be marketed aggressively. Vice Mayor Jackson pointed out that the Institutional Use did not previously exist on the plan. He felt it was a good move to have the 12.6 acres for Institutional Use. He stated that he appreciates the Stuart's family desires to do the right thing with this property along with the self-imposed limitations that they addressed. He said he thought they all knew that when Ernest M. Smith Blvd. was completed that something would happen out there. City Attorney Parker stated while addressing the Commission during any public comment time please refrain from any personal attacks, abusive language, issues in litigation or under investigation, or any other issues that do not fall within the Commission's area of responsibility. Commissioner Longworth stated that it is an excellent opportunity for Stuart Crossings, the developers and for Bartow. He felt it was the right thing, and in City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 8 of 20 the right direction and encouraged them to continue. Mayor Huff opened and closed the public hearing with no comments. ROLL CALL VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Pfeiffer, Longworth, Jackson, Huff NAY: None Motion carried. 8.02 PUBLIC HEARING - ORDINANCE NO. 2015-02 - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF BARTOW, FLORIDA; SAID AMENDMENT BEING KNOWN AS "AMENDMENT #CPA-15-02-LSTEXT"; SPECIFICALLY TO CHANGE THE FUTURE LAND USE OF PARCELS OF LAND OWNED BY KMT FARM AND TIMBER COMPANY, LLC AND MODIFYING THE TEXT OF GOAL 2; OBJECTIVE 2.7 AND POLICIES 2.7.1 AND 2.7.2 OF THE FUTURE LAND USE ELEMENT; TRANSMmING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) FOR A FINDING OF COMPLIANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE UPON FINAL PASSAGE. City Attorney Parker read the ordinance by title only: "AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF BARTOW, FLORIDA; SAID AMENDMENT BEING KNOWN AS "AMENDMENT #CPA-15-02-LSTEXT"; SPECIFICALLY TO CHANGE THE FUTURE LAND USE OF PARCELS OF LAND OWNED BY KMT FARM AND TIMBER COMPANY, LLC AND MODIFYING THE TEXT OF GOAL 2; OBJECTIVE 2.7 AND POLICIES 2.7.1 AND 2.7.2 OF THE FUTURE LAND USE ELEMENT; TRANSMITTING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR A FINDING OF COMPLIANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE UPON FINAL PASSAGE." MOTION was made by Commissioner Clements, seconded by Vice Mayor Jackson to approve on first reading of Ordinance 2015-02, an amendment to the Future Land Use Map of the Comprehensive Plan of the City of Bartow, Florida; said amendment being known as "Amendment #CPA-15-02-LSTEXT"; specifically to change the Future Land Use of parcels on land owned by KMT Farm and Timber Company, LLC and modifying the text of Goal 2; Objective 2.7 and Policies 2.7.1 and 2.7.2 of the Future Land Use Element; transmitting said amendment to the Florida Department of Economic Opportunity for a finding of City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 9 of 20 compliance; providing for severability; and providing for an effective date upon final passage. Planning Director Wiegers stated that this property is referred to as Silver Oaks, and that the project was previously known as the Silver Property. He said it was orginally reviewed approximately ten years ago. He said this is not only a map amendment but also amendments to Objective 2.7 as well as the subpolicies. He said those changes include a reflection on current acreage based on land transactions that have taken place as well as amendments to project specific policies that were specifically put in place with the orginal Land Use permits in 2005. He stated that the property has been reduced to 509.9 acres. He said the reduction is approximately 40+ acres and is attributed to the northern end of the property being sold to the Polk County School Board in 2007 or 2008 for construction of Spessard Holland Elementary School. Planning Director Wiegers reviewed the staff report. (Staff report attached therein and is described as Exhibit C). Commissioner Clements stated that paragraph "I" of attachment 2 makes reference that the amendment shall comply with the Frost v. Stuart Companies, Inc. lawsuit. He asked if the settlement of that lawsuit forever bound the property under the conditions of the settlement agreement of that lawsuit with any subsequent owners, successors, assigns, etc. Planning Director Wiegers stated that is his understanding of the settlement agreement. Mayor Huff stated that there was mention of a fire substation possibility in the original development. He asked if there was any need for a fire substation there or in the J.K. Stuart Properties. Planning Director Wiegers said over time that the City came to the determination that a site on this end of town was not the most appropriate location. He said the Commission allowed the developer to pay a fee in lieu of that site. He said based on the appraisal prices the developer ultimately paid the City approximately $54/000 dollars as an opportunity to get out of that. He stated that the City used that money to perform its comprehensive fire station location study. He said that neither this project nor the Stuart CrOSSings project is currently being looked at for a fire station site. Mayor Huff stated that recently had some complaints regarding traffic around Spessard Holland Elementary. He said it seemed that this project would not generate much traffic on the north end of E.F. Griffin Road unless there was some direct connection to 540A. City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 10 of 20 Planning Director Wiegers said he believed it has to do with the School Board and how they manage the traffic flow at the site. He said he is not privy to any information regarding that but it is an issue that he would be happy to visit with the School Board Planning staff about. Commissioner Longworth asked if the spine road connects to E.F. Griffin Road. Planning Director Wiegers stated that it connects into Smith Lane. Commissioner Longworth asked what triggers the City to have additional police or fire departments based on those two developments or a school. Planning Director Wiegers stated that the school issue would be tied directly to the provision for School Concurrency. He said the developers in both cases go through that process during their land development stages and have to obtain reservation letters from the School Board identifying number of students in each level. He said in regards to the police and fire it would come down to level of service standards that each of those professions maintain about serving a certain percentage based on the number of firefighters or police officers that we have. He said it would be part of the ongoing review process. He said if we get to a point where we need something it then become imcumbent upon the City to recognize that and to be working in conjunction with the developers on the timing of those types of issues. He said the Commission would be fully invovled in those types of decisions. Vice Mayor Jackson stated that build-out is probably decades away but reserving a piece of land that is donated by either party is something to consider one day. He said if someone wants to donate a piece of land now, the City should take it. Commissioner Pfeiffer was concerned about a road that could potentially come across the western part of E. F. Griffin Road that would need an eastern connection. She said that it is important for the future planning so that the intensity of that trafffic does not go north or south on E.F. Griffin Road. Her opinion was that the road should go straight across to Hwy 98 instead of turning left and going to Smith Lane or south. She said she is very sensitive to that because she does not want that intensity on E.F. Griffin Road. She asked if the electric utility of both developments would be in the Bartow Electric area. She asked if on the western end of where there is a buffer if there would be sidewalks so that children can get to school. She felt it should be kept on the radar. Planning Director Wiegers stated that both developments are in the Bartow Electric service areas. He said the right of way would be available for sidewalks. City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 11 of 20 He said he was not sure if this developer would build those sidewalks because we would not be looking at project specific driveways accessing E.F. Griffin Road. He said as part of the buffer plan that exists there is an opportunity for some right of way donation that make those sidewalks possible in the future. Jack Brandon, Attorney, Peterson and Myers, P.A., 100 W. Stuart Street, Lake Wales. Attorney Brandon stated that Peterson and Myers, P.A. law firm represents the applicant KMT Farm and Timber Company, LLC that is a subsidairy of Silver. He stated that he represented Silver before when this property came to the Commission in 2004. He said the settlement agreement that was referenced to was in 2006. He introduced Steve McConn, Engineer, Chastain and Skillman, Inc., Neale Stralow, Certified Planner and Landscape Architect; Mark Ambach, President, Silver Capital, Stantech Consulting, Zachary Mariacher, Senior Planner, Stantech Consulting, Richard Stiles, Transportation Planner, Stantech Consulting, Danille Drummond and Kathy Waylon, both Vice Presidents of Lakeland Regional Health. He said what they are presenting is a balanced community with Non-Residential Uses, Residential Uses, and Commercial Uses along with Recreation and Open Space. Neale Stralow, Certified Planner and Landscape Architect, Stantech Consulting, 2205 N. 20th Street, Tampa. Mr. Stralow gave a brief overview and comparison of the existing Future Land Use Plan and commented on the connectivity issue in terms of the trail system and the ability for children to be able to move and get to the elementary school. Mark Ambach, President, Silver Capital, 1001 E. Telecom Drive, Boca Raton. Mr. Anvack spoke about Silver's partiCipation and involvement with the property. He stated that they have been committed to this property since 2004. He said the revised plan would strengthen the property by bringing a healthcare provider to provide high quality healthcare to the Bartow area and high quality jobs that would equate to a different type of Commercial Use in this area than anticipated before, and a higher-end experience for the workers. Danille Drummond, Vice President, Lakeland Regional Health, 225 E. Lemon Street, Lakeland. Ms. Drummond gave shared what the overall planning effort by Lakeland Regional Health is and why the hospital would be interested in acquiring this parcel from Silver at this location. Mr. Brandon commented on an issue that surfaced before the Planning and Zoning Commission. He said the settlement agreement involved the Silver Company and John and Terri Frost. He said he has had discussions with Mr. Frost about the settlement agreement. He stated that they are familiar with the settlement agreement, and that Silver is a party to that agreement. He said the agreement provides for berming and landscaping along E.F. Griffin Road as well City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 12 of 20 as a tree save area in the north portion of the property. He stated that Silver has committed in its development plans to comply with the settlement agreement and incorporate the agreement into any site plan that will come back to the City for approval through the administrative review process. He said there should be no issues for purposes of the record regarding the settlement agreement and the committment of Silver. He said it is known that they do intend to comply with it. He said he respects the integrity of the Commission in terms of how they want to deal with that settlement agreement. Mr. Brandon asked that the City transmit the Large Scale Comprehensive Plan Amendment to the Department of Economic Opportunity. He reminded the Commission that it comes with favorable recommendations from City staff and the Planning and Zoning Commission. Commissioner Pfeiffer asked how many additional traffic signals would be added. Mr. Brandon said the area where the two commercial parcels are would likely be a candidate but it would depend on a signal warrant analysis and whether it would meet the Florida Department of Transportation's spacing reqUirements. City Attorney Parker commented on the legal issues that Mr. Brandon spoke about. He said he has spoken with Mr. Frost and that it seemed that the general theme was that Mr. Frost wanted to make sure that the settlement agreement is not lost in all this. He said it was done for a purpose at the time, and even though it is 8-10 years old that it is still valid, has meaning, and still has a desire to see enforcement. He said it appears that the developer's intention is to do just that. He said he understands Mr. Frost's position. He said the additional condition labeled "I" was added at the Planning and Zoning Commission meeting. He noted that there are a few problems with the way it is currently worded. He said it is duplicative, that there are already protections in the codified materials from the past that cover this. He said the current zoning ordinance already requires the developer to honor that agreement. He said the second issue is a lack of compliance with the Florida Law and Comprehensive Plan Amendments. He said the Comprehensive Plan Amendments require that the full title of documents be referred to. He said the Planning and Zoning Commission motion did not refer to it by its full title. He pOinted out that the City is not a party to the settlement agreement, that it is a private agreement between Silver and the Frost's. He said the City was a party to a lawsuit that was subsequently dismissed, and is a party to a mutual general release that all the parties signed. He said it is important to know that the City is not a party to that settlement agreement. City Attorney Parker also stated that this is a site specific type of land use control that is more appropriate to live in a Zoning world and not a Future Land Use Map world. He said the wording of the recommendation as it is currently worded potentially exposes the City to City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 13 of 20 liability. He said if it were submitted as is it could be interpreted to mean that the City becomes the enforcer of the agreement. He said that could open up doors to conflict, liability if the City does or does not enforce something, and is simply taking on additional risk that the City does not currently have or has no obligation to take on. He stated that there are a couple of options, one being to take out that reference altogether, but not capture the spirit of the intent from the Planning and Zoning Commission. He said another way is to simply reword the policy that is coming from the Planning and Zoning Commission to be a little more specific to refer to the settlement agreement by its formal title and to clarify that it is an agreement between private parties. He did not think that there is any problem in stating that development orders issued in the future could be consistent with it as long as the disclaimer is made that it is still an agreement between the private parties and that the City is not undertaking any formal obligation to be the enforcer of that agreement. Mayor Huff opened the public hearing. Nick Zbrzoznj, 395 S. Central Avenue, Bartow. Mr. Zbrzoznj stated that he was an attorney at Frost Van den Boom, Law Firm. He stated that he was here on behalf of John and Terri Frost. He stated that the sole purpose is to ensure that the settlement agreement that has been referenced several times tonight is included in the amendment to the Comprehensive Plan. He said the Planning and Zoning Commission has recommended that the agreement be part of this plan. He said that the main issues that needs to be addressed is that the City is not a party to the settlement agreement but something that does need to be said is that the settlement agreement was expressly conditioned upon the City approving amendments to the development plan as well as the preliminary subdivision plan to incorporate the underlying settlement agreement. He said the City knew that when they adopted those amendments and understood by doing so the lawsuit against the City would be dropped. He said to say that the City was not necessarily a party there is consideration on both ends there; understanding that the lawsuit against the City would be dropped by adopting those amendments would certainly draw the City in. He said he is not in any way suggesting that the City would be required to enforce any aspect of the settlement agreement. He felt that concern could be addressed by the terms of the settlement agreement itself. He stated that the settlement agreement is very clear as to whose obligation it is to maintain the buffer zones and the tree save area, and that it provides a mechanism for enforcing that settlement agreement and failure to do so would be a breach of that agreement. He said there is no way that the City would be designated as an enforcer of any component of the settlement agreement. He said the Planning and Zoning Commission has heard this issue and their recommendation is to include the settlement agreement as part of the amendment to the Comprehensive Plan. He requested that the Commission to do the same and include that settlement City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 14 of 20 agreement. He stated that he does not have an issue with the rewording of Subsection "I" to include the exact terms of the settlement agreement; he thought it would be necessary but by doing so and adopting it as that, he sees no reason why the City would be drawn in as an enforcer. He said on behalf of Mr. & Mrs. Frost he requested that the settlement agreement be included. Marshall Hurley, 1900 Country Manor Street, Bartow. Mr. Hurley stated that his residence is nearly directly across E.F. Griffin Road from the western most Institutional block. He said his objection is not the development of this land at-large, that it is specifically to the Institutional space that has been allocated. He said his concern is that with Bartow Regional Hospital two miles down the road with its own fully staffed emergency facility and medical office space is a duplication of what is being proposed by Lakeland Regional. He said four miles west that Watson Clinic is building a new facility that is due for completion in August 2015 with many of the same services. He said he does not see the need for Lakeland Regional to build this space. He was skeptical that the patient population to warrant that facility is actually theirs. He said the Commission just approved another amendment that would increase the Institutional footprint of Bartow Regional Hospital. He strongly encouraged the Commission to consider what happens if there is not the patient population to sustain this Institutional space for use in the medical industry. He said there is a real possibility that the City would end up with blighted property. Mr. Hurley stated that in regards to the traffic problem, he said the traffic backs up on both E.F. Griffin and Smith Road. He said it has nothing to do with the way the School Board handles it, that the traffic problem is simply because the infrastructure does not exist in that area to handle the number of vehicles of parents that are both picking up and dropping off students. He said adding an Institutional space to that area is not going to help the problem, that it would introduce a larger problem. With no further comments, Mayor Huff closed the public hearing. City Attorney Parker recited some language that came out of the 2006 zoning ordinance relating to this project that did flow after the settlement agreement was reached. He read the following from the zoning ordinance: "that the landscape berms and buffers as shown on the Land Use Plan shall be constructed concurrent with Site Development activities associated with the adjoining land base, specific planting and irrigation plans shall be submitted concurrent with the construction plan review approval. The City of Bartow shall not be responsible for enforcing the terms and conditions of the settlement agreement reached in Frost v. Silver Companies IT AL with regards to tree preservation, landscape installation and maintenance, or settlement payments." City Attorney Parker suggested an alternative to the language that came from the Planning and Zoning Commission to be similar to the above-mentioned City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 15 of 20 language. Vice Mayor Jackson agreed. He said he did not think it belongs in the transmittal to DEO but he would support the spirit of the agreement. City Attorney Parker suggested the following amendment to the Motion to modify that 2.7.2 "I" Policy to read as follows: "Development Orders issued for the Silver Oaks Planned Development shall be consistent with the private agreement entitled Joint Stipulation and Settlement Agreement between John W. Frost II, Terri Frost and Silver Capital Adult Communities, Inc. dated April 12, 2006 in so far as A) the landowner has a private obligation to construct berming along that portion of the development continuous to E.F. Griffin Road, and B) the landowner has a private obligation to maintain a Tree Save area. The obligations of compliance and rights to enforcement provided by the Joint Stipulation Settlement Agreement shall remain at all times with the parties thereto. The City of Bartow shall implement this policy by requiring the landowner to submit plans for Development Orders that reflect the appropriate buffering and the Tree Save area. This policy shall not require the City of Bartow to enforce the Joint Stipulation and Settlement Agreement or undertake any obligation to police its compliance, monitor the ongoing maintenance of the buffer zone, and the Tree Save area, or make any settlement payments, or require any action to be taken by either of the parties regarding buffer zones or Tree Save area after the issuance of any appropriate Development Orders". AMENDMENT TO THE MOTION was made by Commissioner Clements, seconded by Vice Mayor Jackson to modify the language in Policy 2.7.2 'T' to the following: "Development Orders issued for the Silver Oaks Planned Development shall be consistent with the private agreement entitled Joint Stipulation and Settlement Agreement between John W. Frost II, Terri Frost and Silver Capital Adult Communities, Inc. dated April 12, 2006 in so far as A) the landowner has a private obligation to construct berming along that portion of the development continuous to E.F. Griffin Road, and B) the landowner has a private obligation to maintain a Tree Save area. The obligations of compliance and rights to enforcement provided by the Joint Stipulation Settlement Agreement shall remain at all times with the parties thereto. The City of Bartow shall implement this policy by requiring the landowner to submit plans for Development Orders that reflect the appropriate buffering and the Tree Save area. This policy shall not require the City of Bartow to enforce the Joint Stipulation and Settlement Agreement or undertake any obligation to police its compliance, monitor the ongoing maintenance of the buffer zone, and the Tree Save area, or make any settlement payments, or require any action to be taken by either of the parties regarding buffer zones or Tree Save area after the issuance of any appropriate Development Orders". City Commission Regular Meeting Minutes MondaYI April 61 2015 Page 16 of 20 VOTE TO THE AMENDMENT OF THE MOTION WAS AS FOLLOWS: AYE: Clements, Pfeiffer, Longworth, Jackson, Huff NAY: None ROLL CALL VOTE TO ORDINANCE 2015-02 AS AMENDED WAS AS FOLLOWS: AYE: Clements, Pfeiffer, Longworth, Jackson, Huff NAY: None Motion carried. 9. PUBLIC COMMENT ON AGENDA ITEMS - At this time, the City Commission will receive any comments from the public regarding any matters on this agenda, not otherwise scheduled for a separate Public Hearing. Mayor Huff opened and closed the Public Comment period with no comments for items on this agenda that are not scheduled for a public hearing. 10. CONSENT AGENDA 10.01 ADDroval of Minutes from the Recreation Advisory Board and City Commission Joint Meeting held on December 10, 2014. 10.02 Approval of Minutes from the City Commission Work Session held on March 16, 2015. 10.03 Approval of Minutes from the City Commission Regular Meeting held on March 16, 2015. 10.04 Approval of City Commissioner absence(s) for March 16, 2015; excusal(s): Commissioner Leo E. Longworth, Vice Mayor J. Adrian Jackson. 10.05 Acceptance of the Community Redevelopment Agency (CRA) 2013- 2014 Annual Report MOTION was made by Commissioner Longworth, seconded by Commissioner Clements to approve the Consent Agenda as presented. VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Pfeiffer, Longworth, Jackson, Huff City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 17 of 20 NAY: None Motion carried. 11. OTHER COMMISSION BUSINESS 11.01 OLD BUSINESS - None 11.02 NEW BUSINESS 11.02.01 Consideration of a request from the Associate Reformed Presbyterian Church to accept a deed conveying property to the City of Bartow MOTION was made by Commissioner Longworth, seconded by Commissioner Clements to approve request from the Associate Reformed Presbyterian Church to accept a deed conveying property to the City of Ba rtow. Planning Director Wiegers reviewed the staff report for this item. (Staff report attached therein and is described as Exhibit D). VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Pfeiffer, Longworth, Jackson, Huff NAY: None Motion carried. 11.02.02 Consideration of a request to transfer ownership of City owned property to assist in completing a real estate transaction at 450 West Main Street Planning Director Wiegers reviewed the staff report for this item. (Staff report attached therein and is described as Exhibit E). MOTION was made by Commissioner Longworth, seconded by Commissioner Clements to accept Staff's recommendation to not enter into a sales agreement as proposed by Heartland Economic Development Authority's representative but consider the sale of the City of Bartow parking lot property pursuant to Section 2-356 through 358 of the City of Bartow Code of Ordinances. VOTE TO THE MOTION WAS AS FOLLOWS: City Commission Regular Meeting Minutes MondaYI April 61 2015 Page 18 of 20 AYE: Clements, Pfeiffer, Longworth, Jackson, Huff NAY: None Motion carried. 11.02.03 Consideration of the proposed composition of an Economic Development Coordinating "body". MOTION was made by Commissioner Pfeiffer, seconded by Vice Mayor Jackson that the Commission endorses the proposed composition of an Economic Development Coordinating "body" as identified in the Bartow Economic Development Initiative publication. City Manager Long stated what is being proposed is a coordinating body whose function would be to develop an Economic Development Plan for the City of Bartow and execute upon that plan. He said another component of the effort that is spelled out in the Initiative included appOintment of a full-time professional to work with the body in developing and carrying out an Economic Development Plan. He said the composition proposed consists of up to twelve seats. He said the seats are comprised of the City of Bartow, Polk County, Bartow CRA, Polk State College, Bartow Chamber of Commerce, Mainstreet Bartow, EPAC, Clear Springs, Bartow Regional Medical Center, Bartow Community Healthcare Foundation, and two private sector specific entities to be determined later by the coordinating body. He said two of the twelve seats are undesignated, they are both intended to be private sector appointees. Commissioner Clements stated that he has been the Commission's representative to this committee for the first two meetings. He said he would like to continue and see it through fruition after which he suggested that the Commission representative rotate annually at the discretion of the Mayor. VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Pfeiffer, Longworth, Jackson, Huff NAY: None Motion carried. City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 19 of 20 11.02.04 Consideration to adopt a proposed concept for a Mayor's Art Club Program Commissioner Pfeiffer briefly reviewed the proposal that was discussed during the Work Session. (Proposal is attached to the Work Session minutes and is described as Exhibit B). MOTION was made by Commissioner Longworth, seconded by Commissioner Pfeiffer to approve proposed concept for a Mayor's Art Club Program as presented. VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Pfeiffer, Longworth, Jackson, Huff NAY: None Motion carried. 12. RESOLUTIONS None 13. GENERAL PUBLIC COMMENT City Attorney Parker reminded all speaker that while addressing the Commission please refrain from any personal attacks, abusive language, issues in litigation or under investigation or any other matters that do not fall within the Commission's area of responsibility. Gerald J. Cochran, 1615 North Street, Bartow. Mr. Cochran said tonight's meeting is a good example as to why the General Public Comment period should not be at the end of the meeting agenda. He said many people who come to give public comment have families that they need to take care of. He felt this was done to get people to not attend the meetings. He commended the Commissioners for discussing it tonight and moving the General Public Comment period back towards the beginning of the agenda. Mr. Cochran encouraged citizens to go out and vote tomorrow at the Bartow Civic Center from 7:00 A.M. to 7:00 P.M. 14. COMMISSIONER COMMENTS 14.01 MAYOR HUFF Mayor Huff encouraged the community to go vote. City Commission Regular Meeting Minutes Monday, April 6, 2015 Page 20 of 20 14.02 VICE MAYOR JACKSON Vice Mayor Jackson reported that he would not attend the June 15, 2015 or December 7, 2015 City Commission meetings. 14.03 COMMISSIONER LONGWORTH Commissioner Longworth reported that he would not attend the April 13, 2015 Airport Authority Meeting or the April 20, 2015 City Commission Work Session and Regular Meeting. Commissioner Longworth announced that the Youth-Parent Summit is Saturday, April 11, 2015 from 10:00 a.m. to 5:00 p.m. at Carver Recreation Center. 14.04 COMMISSIONER CLEMENTS Commissioner Clements stated that he hopes the two developments that the Commission approved the Land Use on tonight will be the start something good in Bartow. 14.05 COMMISSIONER PFEIFFER Commissioner Pfeiffer had no further comments. 15. ADJOURNMENT With no further business to discuss, Mayor Huff adjourned the meeting at 10:03 p.m. Mayor W. Patrick Huff Attest: City Clerk Jacqueline Poole (seal) APPROVAL OF REAPPOINTMENTS TO THE ITEM NO. 11.03 HISTORIC ARCHITECTURAL REVIEW BOARD SUMMARY: The request is for the Commission to reappoint Board Members Julie Clark and Chris Miller to the Historic Architectural Review Board. Both members seek reappointment. The new terms will expire April 2018. BACKGROUND: The Historic Architectural Review Board was established to be the primary agency responsible for furthering historic architectural preservation within the city. The Board is responsible for identifying and maintaining Bartow's historic buildings and structures for the benefit of its residents, both now and in the future, through the development and administration of a comprehensive historic architectural preservation program. The Board has the authority to review and render a decision on all proposed alterations, demolitions, relocations for contributing property, and to review new construction within the boundaries designated. The Board was established in 2001 by Ordinance No. 1981-A. The Board is comprised of five to eleven members but has typically seated seven (7) members who have staggered three-year terms. (Ordinance 2012-08 amended Section 2.02.01 of the Unified Land Development Code on August 20, 2012. It states that "Board Members shall be appointed to 3 year terms). All members must be a resident of the City of Bartow and whenever possible consist of one architect. one civil or structural engineer, one representative of a local historical society and one resident of the historic district or owner of property in the historic district. The Board meets monthly on the first Thursday at 4:00 p.m. as necessary in the Commission Chambers of City Hall. The members are not required to file an annual Statement of Financial Interest. STAFF ANALYSIS: The criteria to serve on the Historic Architectural Review Board includes that, whenever possible, the makeup of the board should include " ... . one architect, one civil or structural engineer, a representative from one local historical society, and one resident of one of the historic districts in the City of Bartow or an owner of an historic commercial property." It is necessary for an appointment in order for the board to seat a quorum at each meeting. Attendance for the last 21 meetings was as follows: Board Member Julie Clark 4 excused absences in 21 meetings Board Member Chris Miller 10 absences (4 excused) in 21 meetings The vacancy was advertised in the Polk County Democrat newspaper, posted on the City's website and posted on the bulletin board at City Hall and the Bartow Public Library. There currently are no board applications on file with the City Clerk for this board. STRATEGIC PLANNING GOAL(S) & ACTION STEP(S) THAT THIS ITEM MEETS: Goal 3 - Growing Well-Planned Sustainable City Objective 3 - Develop an active, expanded Downtown, preserving history, more activities, more Restaurants and shops Objective 4 - Improve the appearance and curb appeal of the City Goal 4 - Livable Community Enriching Residents Lives Objective 1 - Maintain a safe community RECOMMENDATION: That the Commission approve the reappointments. Subrnltby Email II·printForm For office use only CITY OF BARTOW BOARDS AND COMMITIEES II TI Thank you for your interest in serving on a Bartow board or committee! Before You Begin. Please read this form carefully. Fully complete all sections. Applications remain active for one year from submittal date. Return completed application to: City Clerk's Office, Bartow City Hall, 450 N. Wilson Avenue, Bartow, Florida 33830; or FAX to: 863-534-0409; or email to:[email protected] Choice of Board or Committee. Please review the attached descriptions & qualifications for the board or committee that interested in joining. List the name of the board/committee for which you are applying or select one from the drop down menu: Note: that you may only belong to one board or committee at a time. IHISTORIC ARCHITECTURAL REVIEW BOARD Contact Information: Please print legibly. Note: this application, and all information you provide, may be viewed by the public upon request. I cl LJ h~\r)Vl~ G\ ~V- ~ 1,1 Nel5c>v\ { t4sS0ClQtt:S I Name Business/Organization Name (if applicable) I aOla.O E C.he.ro Ke.£..- IIIOo..rtoL0 III~L III ~3~301 Mailing Address City State Zip I ~lo"3- q 4l(-~11~1, [ S(.L~e- 1,ljulict\l\CI\e. e-lQv-lc~VtV'1 t.Ob\ .l-l Cl I Home Phone Number Cell Phone Number Email Address Section 760.80, Florida Statutes, requires certain reporting of minority representation on statutorily created boards to be filed on an annual basis. Please complete the following: Race: DNative American DAfrican American DHispanic D Asian rEI Caucasian D Other Gender: DMaie IElFemale Physcially Disabled: DYes o No Have you ever been convicted of a crime? DYes IRiNo If yes, please explain: I I I !Ell do hereby acknowledge the following: 1. This application, when complete and filed with the Office of the City Clerk, is a Public Record under Chapter 119, Florida Statutes, and is open to public inspection. 2. I am responsible for keeping the information on this form current and that any changes or updates will be provided to the Office of the City Clerk 3. I consent to filing the Statement of Financial Interests (FORM 1) if required for this board/committee. 4. If appointed, I acknowledge that it is my obligation and duty to comply with the following: a. Code of Ethics for Public Officials (F.S. Chapter 112, Part III) b. Florida Sunshine law (F.S. Chapter 286) c. Florida Statutes www.flsenate.gov/laws/Statutes/ 5. I understand the responsibilities associated with being a board or committee member, and I will have adequate time to serve on the board or committee I have selected. Bartow Residency. Bartow residency is a requirement for Bartow boards and committees. !El I attest that I reside within the incorporated limits of Bartow. ;060 E Cherokee SI. Bartow FI 33830 Home A dd ress:_1 ~======7H~0=m=e=A7d~d~r=e=ss~is=r=eq=u~i=re=dTa=n=dTw~ilnIb~e==us=e=d~t=o=v=e~ri~~~Ba=rt~o=w==r=es~i~de=n=c=y=.======~ Community Redevelopment Agency (CRA) Board applicants only fill this section: o I attest that I reside within the boundary of the CRA District. AND/OR o I attest that I own a business within the boundar~ of the Bartow CRA District. Address of home and/or business: I I Address IS required tor Verification. Truth and Accuracy. I ~rtify that the information contained on this form is true and accurate to the best of my knowledge. ~C{lL~~~j-, ~ r~('b ..... J/ v 1,13/17/2015 I Signature Date Important Public Records Information. Please note that the city receives requests from the public to review documents, such as this form, provided to the city and the city is obligated to release these public records, including all information contained on the form, upon request. Please call the City Clerk at 863-534-0100, if you have questions or concerns about the disclosure of specific information. ·.,H..",.J.I .. l. IJY L-U HlIU • 'nl(..IVltll For office use only CITY OF BARTOW BOARDS AND COMM ITTEES A leA I N Thank you for your interest in serving on a Bartow board or committee! Before You Begin. Please read this form carefully. Fully complete all sections. Applications remain active for one year from submittal date. Return completed application to: City Clerk's Office, Bartow City Halt 450 N. Wilson Avenue, Bartow, Florida 33830; or FAX to: 863-534-0409; or email to:[email protected] Choke of Board or Committee. Please review the attached descriptions & qualifications for the board or committee that interested in joining. List the name of the board/committee for which you are applying or select one from the drop down menu: Note: that you may only belong to one board or committee at a time. ~ISTORIC ARCHITEOURAL REVIEW BOARD I Contact Information: Please print legibly. Note: this application, and all information you provide, may be viewed by the public upon reque.st. Ehrist;ne Miller ' .. ::. ~. Id -: ~~~ :: : I Name Business/Organization Name (if applicable) (755 S Broadway Ave IdBartow liE ]IP3830 Mailing Address City State Zip [ I, E63-521-093~~ ~ ~~:~ II [email protected] . :: :~: ~ ] Home Phone Number Cell Phone Number Email Address Why are yOU interested in serving as a member of your selected board or committee? K:ontinue to maintain historical nature of Bartow Historical districts Briefly describe prior board or committee service and/or special qualifications; Currently member of Historical board of Bartow Section 760.80, Florida Statutes, requires certain reporting of minority representation on statutorily created boards to be filed on an annual basis. please complete the following: Race: DNative American DAfrican American DHispanic D Asian D Caucasian lEI Other Gender: DMaie l!iFemale PhysdaHy Disabled: DYes DNo Have you ever been convicted of a crime? DYes [EJNo , , If yes, please explain: t -. " . " .. ... --- ,," - - -~. lEJ t do hereby acknowledge the following: 1. This application, when complete and filed with the Office of the City Clerk, is a Public Record under Chapter 119, Florida Statutes, and is open to public inspection. 2. I am responsible for keeping the Information on this form current and that any changes or updates will be provided to the Office of the City Clerk 3. I consent to filing the Statement of Financial Interests (FORM 1) if required for this board/committee. 4. If appointed, I acknowledge that it is my obligation and duty to comply with the following: a. Code of Ethics for Public Officials (F.S. Chapter 112., Part Ill) b. Florida Sunshine Law (FS. Chapter 286) c. Florida Statutes www.flsenate.gov!laws!Statutes/ 5. I understand the responsibilities associated with being a board or committee member, and I will have adequate time to serve on the board or committee I have selected. Bartow Residency. Bartow residency is a requirement for Bartow boards and committees. Ii!l I attest that I reside within the Inco~rated limits of Bartow. Home Address: [~~i~:::i: .~=,::~~~ ,~~~, ,~< '""~~=~~~~: 'h'~:'" _h::::- :~~ :':~~~:.] Home Address is required and will be used to verify Bartow residency. Co~ Redevelopment Agencv (eRA) Board applicants only fill this sectIOn: I attest that I reside within the boundary of the eRA District. AND/OR [] I attest that I own a business within the boundary of the Bartow eRA District. 7 .s B('mLI~,,- Av-v btA/w =tL a:3t".:50 Address of home and/or business: 1 55" ___ _ . T ... .. - _ J Address IS reqUIred tor verlticatlon. Truth and Accuracy. I certify that the information contained on this form is true and accurate to the best of my knowledge. ICV.YLs:~~~~~~: ~~::: .: :~ , : ] d3-23-~015 .~.,:: ,:',: ' .• _'~:.:, .. ,: ::~J Signature Date :;~. ~,""'-""""_ ."_"'.~~'~."'" ". ~·~·•• H_ ~._~"." ,_.,_, ~.o~ ••• ,,_. _ .. ,.. +-•• ~, .... ~_~._-... __ •• r • • _._.. • • •••• _ •. _, ~. _ ••,... _ • , _._ ~ '_ --._ ~ ,'~~_.~_, ...... ,. , .~, "~ ...... ' ~, ...... ~ ... ,_ .... ,.~ •• _, ".~ __ ., Important Public Records Information. Please note that the city receives requests from the public to review documents, such as this form, provided to the city and the city is obligated to release these public records, including all information contained on the form. upon request. Please caB the City Clerk at 863-534-0100, if you have questions or concerns about the disclosure of specific information. '-'~"~ ~~ •."'-'~-"'--.---.----.~-., ..... ---'~---"- •. ~---.-.~"-'.-- -, ...... , ••,. - " ...... - .. --.•..-.-~ ••.• - ...... ~ •• ~. - •.•.• - •. ~ .•. ,,~.~.,~.~ ...... --.,~, •• --... ~*,. ••• ".'--'~ '''''' "'~'-'''''''' •.• " ..... - .• -.#...... -.,. -, ~., •• ~ •••••• -.~ ..... ,-""" APPROVAL OF APPOINT TO THE ITEM NO. 11.04 JOINT AIRPORT ZONING BOARD SUMMARY: The request is for the Commission to approve appoint Alternate Board Member Pat Crisman to a Regular Seat on the Joint Airport Zoning Board. This request is being made due to the vacancy created by the resignation of Keith Hall. The term is indefinite. BACKGROUND: The City of Bartow, Polk County and other municipalities have been a member of the Joint Airport Zoning Board since 1978 as approved by Resolution No. 78-2484-R on July 17, 1978. The most recent appointments to this board were done in December 7, 2009. STAFF ANALYSIS: On March 18, 2015 Board Member Hall contacted the City Clerk's Office notifying them that he wished to resign from the Joint Airport Zoning Board due to the board not meeting on a regular basis. Because this Board operates outside the scope of City business, there is no record of attendance on file with the City. Pat Crisman has served as the Alternate Board Member since February 2000. Because of her service, she brings valuable experience and knowledge to this position. The vacancy was advertised in the Polk County Democrat newspaper, posted on the City's website and posted on the bulletin board at City Hall and the Bartow Public Library. There currently are no board applications on file with the City Clerk for this board. STRATEGIC PLANNING GOAL{S) & ACTION STEP{S) THAT THIS ITEM MEETS: N/A RECOMMENDATION: That the Commission approve the appOintment. Jac ki Pool e From: PATRICIA Sure, that's fine. Sent from Surface From: Jacki Poole Sent: Wednesday, March 25, 2015 10:54 AM To: PATTY COOPER-CRISMAN Cc: [email protected] Good morning Pat, Board Member Hall has notified the City Clerk's office that he wishes to be removed from the Joint Airport Zoning Board. You currently are the alternate member. Would you like to be moved to the regular seat? Let me know. Thank you . Jacki CITY OF BARTOW P.o, LlOX f()(, JACKI POOLE I' II QN~ : HHiJ) :;;14"0 IO() !!Xl ' 12.'54 C ity C:: LE I\K FAX: (8(;3) -,14·()4{)<) h"·lI ,, , d" r~; ~0. d l) '" \x""l •. ,,\ .II City of Bartow E-Mail Disclaimer: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address re leased in response to a public records request, do not send electronic mail to this entity. Instead, contact Bartow City Hall by phone or in writing. 1 APPROVAL OF APPOINTMENT TO THE ITEM NO. 11.05 RECREATION ADVISORY BOARD SUMMARY: The request is for the City Commission to appoint a new member to the Recreation Advisory Board. A vacancy was created by the resignation of Board Member Marty J. Wilson. The term will expire January 2018. At the February 16, 2015 City Commission Work Session Commissioner Clements was assigned to bring a recommendation for this appointment. Commissioner Clements recommends that Larry W. McBlane be appointed. The unexpired term will end January 2018. BACKGROUND: The Recreation AdviSOry Board was established by Ordinance No. 1042-A on October 7, 1974. The Board willi) advise the City Commission and City Manager on problems concerning recreation and prepare such reports relative to recreation as may be requested by the City Commission; 2) perform such other duties with reference to recreation, not inconsistent with the Charter, as the City Commission may require; and 3) make such bylaws, rules, regulations and fee schedule for the government and control of the recreation facilities as it may deSire, but the same shall be subject to the approval of the City Commission by motion. The Recreation Advisory Board consists of five (5) members who have staggered three year terms. The Board meets monthly on the second Wednesday at 6:00 p.m. in the Commission Chambers located at City Hall. The members are not required to file an annual Statement of . Financial Interests. There are no special education or training required to hold a position on this board. STAFF ANALYSIS: It is necessary for an appointment in order for the board to seat a quorum at each meeting. The vacancy was advertised in the Polk County Democrat newspaper, posted on the City's website and posted on the bulletin board at City Hall and the Bartow Public Library. There currently are no board applications on file with the · City Clerk for this board. STRATEGIC PLANNING GOAL(s) & ACTION STEP(s) THAT THIS ITEM MEETS: Goal 2 - Upgraded City Facilities and Infrastructure Goal 3 - Growing, Well-Planned, Sustainable City Objective 4 - Improve the appearance and curb appeal of the city Goal 5 - Livable Community Enriching Residents' Lives RECOMMENDATION: That the Commission approve the appointment. ~ - " "', . l ,-~ I f I For office use only CITY OF BARTOW BOARDS AND COMMITIEES APPLICATION Thank you for your interest in serving on a Bartow board or committee! Before You Begin. Please read this form carefully. Fully complete all sections. Applications rell1~ln active f9r Qne year fr9m ~lIl;>mltt<;l1 dat~. Return completed application to: City Clerk's Office, Bartow City Hall, 450 N. Wilson Avenue, Bartow, Florida 33830; or FAX to: 863-534-0409; or email to:[email protected] Choice of Board or Committee. Please review the attached descriptions & qualifications for the board or committee that interested in joining. List the name of the board/committee for which you are applying or select one from the drop down menu: Note: that you may only belong to one board or committee at a time. I Contact Information: Please print ·Iegibly. Note: this application, and all information you provide, may be viewed by the public upon request. 11#14(/ w,/tf/lc-B14;1Jr~ 1,1 I Name Business/Organization Name (if applicable) c:Q6 ...5. /:::l£; /(I! J.. AI/I:" 6 [2 u IdJ~L . 111 33l(3' .. .. S7 !!.II IS'Ac!iJtJ Mailing Address City State Zip 1?43 51V; ··&CJt{O III f~s 006" 0 6-0 g- 1,1 I Home Phone Number Cell Phone Number Email Address . Wl'tvare_Y9U jnt~re$t~d to $erviI')Kas. a member. ofyour _selected.board or committee? .. -r._ W().5 Ai> Ie/ ""t D J3i J1j/Vl/z5 c L/ ~M/::Aj/-..S JJ-:::'" I- W c/JJ....D ;"3 1::z J /LIre/1 i~.:5 7/::£ // dNo r ..5'////:;; L /,Jdul.D 5' U 13 /~ /' r ; 1A/ J1 PfJ J, Ie /J-I/o,.v . Briefly describe prior board or committee service and/or special qualifications: Section 760.80, Florida Statutes, requires certain reporting of minority representation on statutorily created boards to be filed on an annual basis. Please complete the following: Race: DNative American DAfrican American DHispanic D Asian I2J caucasian -Q Other Gender: ~Male DFemale Physcially Disabled: DYes IXNo Have you ever been convicted of a crime? DYes ~No If yes, please explain: I II ®I do hereby acknowledge the following: 1. This application, when complete and filed with the Office of the City Clerk, is a Public Record under Chapter 119, Florida Statutes, and is open to public inspection. 2. I am responsible for keeping the information on this form current and that any changes or updates will be provided to the Office of the City Clerk 3. I consent to filing the Statement of Financial Interests (FORM 1) if required for this board/committee. 4. If appointed, I acknowledge that it is my obligation and duty to comply with the following: a. Code of Ethics for Public Officials (F.S. Chapter 112, Part III) b. Florida Sunshine law (F.S. Chapter 286) c. Florida Statutes www.flsenate.gov/laws/Statutes/ 5. I understand the responsibilities associated with being a board or committee member, and I will have adequate time to serve on the board or committee I have selected. Bartow Residency. Bartow residency is a requirement tor Bartow boards and committees. ~ I attest that I reside within the incorporated limits of Bartow. Home Address: Ic2CJ6-S 5"./::].1)(111... ;111/= S/ /7 $.4;(/{1/..);F L, 337,3 cr Home Address is required and will be used to verify Bartow residency. Community Redevelopment Agency (CRA Board applicants only fill this section: D I attest that I reside Within the boundary of the CRA District. AND/OR D I attest that lawn a business within the bounda of the Bartow CRA District. ~ Truth and Accuracy. Ie ined on this form is true and accurate to the best of my knowledge. r---~~--~------~~--~~~------' Date Important Publk Records Information. Please note that the city receives requests from the public to review documents, such as this form, provided to the city and the city is obligated to release these public records, including all Information contained on the form, upon request. Please call the City Clerk at 863-534-0100, if you have questions or concerns about the disclosure of specific information. . , CONSIDERATION OF A REQUEST FROM THE POLK COUNTY OFFICE OF Item No. 12. 0 2 . 1 THE COUNTY ATTORNEY TO ACCEPT A DEED FROM POLK COUNTY CONVEYING ESCHEATED PROPERTIES PURSUANT TO SECTION 197.592, FLORIDA STATUTES SUMMARY: In a letter dated February 9, 2015, the Polk County Attorney's Office advised the City of Bartow that five parcels of land located within the boundaries of the City have escheated to Polk County for failure to pay property taxes. Pursuant to Section 197.592, Florida Statutes, delinquent tax lands deeded to the County are required to be conveyed to the municipality in which it is located in when not otherwise needed for County purposes. The City is being asked to consider whether or not it is willing to accept a deed from the County conveying the property to the City. BACKGROUND: A letter from the Polk County Attorney's Office explaining this request is included as backup to this item. STAFF ANALYSIS: A summary sheet outlining City staff's analysis of this request is included as backup to this item. The parcels are located within the boundary of the Bartow CRA and three of the five would be considered "buildable lots ll for residential infill development. The remaining two lots are either landlocked without fee simple access or too small to accommodate development. All five lots could serve a purpose whether that is for residential infill development, expansion of public or non-profit campuses or corridor preservation/enhancement purposes. STRATEGIC PLANNING GOAL(s) & ACTION STEP(s) THAT THIS ITEM MEETS: This request addresses two of the five goals contained in the City's Strategic Plan. These are: Strategic Planning Goal #3 - Redevelop and Grow the City; and Goal #4 - Diverse, Expanding Local Economy Increasing Community Prosperity and Wealth. RECOMMENDATION: Staff recommends that the City Commission accept the deed from the County. Robert E. Wiegers, P CPM, Planning Director Attachments 1. Summary Sheets for Tax Parcel No. 253009000000033450 2. Polk County Office of the County Attorney's Letter, dated February 9, 2015 Request: Polk County BOCC Escheated Tax Parcel No. 253007400000010045 Ownership: Property is currently owned by Polk County Board of County Commissioners Location: 370 West Parker Street - North side of Parker Street; 100' east of Mill Avenue Existing Use: A residential structure was demolished in the 2006. The property is currently vacant. Size: 50' x 104' or 5,200 Sq. Ft. (+j-) Pursuant to Section 7.12.02 of the ULDC the property is a legal nonconforming lot of record. Zoning: R-2; Two Family Residential FLUM: MDR, Medium Density Residential Access: Property is accessed from Parker Street Utilities: City utilities are available to serve the site. Connection points to both water and sanitary sewer service would have to be established. COB Issues: As a nonconforming lot of record a single family residence could be constructed on the property. Summary: Acquisition of this property by the City could serve a useful purpose for single family residential infill development. Subject Property Request: Polk County BOCC Escheated Tax Parcel No. 253005384500001160 Ownership: Property is currently owned by Polk County Board of County Commissioners Location: Property lies between East Avenue & US Highway 17 South; 200' south of Gay Street Existing Use: The property is currently vacant. Size: 45'x 72' or 3,240 Sq. Ft. (+/-) Pursuant to Section 7.12.02 of the ULDC the property is not a legal nonconforming lot of record. Zoning: R-2; Two Family Residential FLUM: MDR, Medium Density Residential Access: Property is accessed from Parker Street Utilities: City utilities are available to serve the site. Connection points to both water and sanitary sewer service would have to be established. COB Issues: Since the lot is not a nonconforming lot of record a variance would need to be obtained prior to a single family residence being constructed on the site. The City of Bartow owns the property immediately to the south of the subject site. Summary: The irregular shape and size of the property does not lend itself to residential development. Acquisition of this property by the City could serve a useful purpose for corridor preservation/enhancement along US Highway 17 South. Subject Property COB Request: Polk County BOCC Escheated Tax Parcel No. 253005382000000050 Ownership: Property is currently owned by Polk County Board of County Commissioners Location: Property lies on the west side of 3rd Avenue; 200' north of Wabash Street Existing Use: The property is vacant. Size: 67'x 100' or 6,700 Sq. Ft. C+j-) The property is a legal lot of record. Zoning: R-2; Two Family Residential FLUM: MDR, Medium Density Residential Access: Property is accessed from 3rd Avenue. Utilities: City utilities are available to serve the site. Connection points to both water and sanitary sewer service would have to be established. COB Issues: Property is adjacent to the east edge of the NICjLB Brown Property. Summary: Acquisition of this property by the City could serve a useful purpose for either an expansion of the NICjLB Brown Property or for single family residential infi" development. Subject Property NIC Request: Polk County BOCC Escheated Tax Parcel No. 253009000000033240 Ownership: Property is currently owned by Polk County Board of County Commissioners Location: 1755 Laurel Street - South side of Laurel Street; 120' west of Scott Avenue Existing Use: The property is vacant. Size: 100' x 165' or 16,500 Sq. Ft. (+/-) The property is a legal lot of record. Zoning: R-2; Two Family Residential FLUM: MDR, Medium Density Residential Access: Property is accessed from Laurel Street. Utilities: City utilities are available to serve the site. Connection points to both water and sanitary sewer service would have to be established. COB Issues: Property is of sufficient size to accommodate either a single family or duplex residential structure. Summary: Acquisition of this property by the City could serve a useful purpose for residential infill development. Subject Property Request: Polk County BOCC Escheated Tax Parcel No. 253009000000031070 Ownership: Property is currently owned by Polk County Board of County Commissioners Location: Property lies between Laurel Street and Martin Luther King Jr. Boulevard; 370' west of Golfview Avenue. Existing Use: The property is vacant. Size: The property is irregular in shape and has 13,940 Sq. Ft. (+j-) Zoning: R-2; Two Family Residential FLUM: MDR, Medium Density Residential Access: The property does not have fee simple access to a dedicated right of way. Pursuant to Section 3.02.05(C) of the ULDC the property is not a legal lot of record. Utilities: City utilities are not readily available to serve the site. Line extensions to both water and sanitary sewer service would have to be established. COB Issues: Property is adjacent to the west edge of the PCSB Union Academy Campus. Summary: Acquisition of this property by the City is problematic in that it is not currently a developable lot. Additional property would have to be secured to establish legal access prior to it being used for residential infill development. If acquired the City could offer it to abutting property owners or the PCSB for Union Academy campus expansion. Subject Property Michael S. Craig 330 West Church Street County Attorney PO Box 9005 • Drawer ATOl Bartow, Florida 33831~9005 Sandra B. Howard Jennifer R. Marchi PHONE: 863-534-6730 Randy M. Mink FAX: 863-534-7654 Thomas C. Norsworthy IT I( TOLL FREE: 800-780-5346 ______Elizabeth W. Voss COUNTY ______Assistant County Attorneys PO L www.polk-county.net OFFICE OF THE COUNTY ATTORNEY February 9,2015 OFFICE OF TH E Mr. George A. Long, City Manager FEB 122015 City of Bartow, City Hall 450 N. Wilson Avenue CITY MANAl:ick Bartow, FL 33830 RE: Polk County Property, Parcel ID Number: 253009-000000-033450 Dear Mr. Long: This letter is sent as a follow up to my August 18, 2014 conespondence (a copy of which is enclosed for your ease of reference). In addition to the escheated property described in my prior letter, the following properties, identified below by their tax parcel ID numbers and all located within the boundaries of Bartow, have now also escheated to Polk County: . 1. 07 -30-25-400000-0 10045; 2. 05-30-25-384500-001160; 3. 05-30-25-382000-000050; 4. 09-30-25-000000-033240; and 5. 09-30-25-000000-031070. I have enclosed a copy of the tax deeds and an aerial of the site for your reference. Pursuant to Section 197.592, Florida Statutes, delinquent tax lands deeded to the County are required to be conveyed to the municipalities in which they are located when not otherwise needed for County purposes. The County has deternlined it is unable to usc the properties (both those described above and in the August 18 letter) and would therefore like to convliY these escheated properties to the City. Please advise at your earliest convenience if the City will accept a deed from the County cOllveying the property. IYlJU1Y yours, .aA/t.oL~ J" ora B. Howard Assistant County Attorney Cc: Sean R. Parker, Esq., City Attorney Boswell & Dunlap, LLP 245 South Central Avenue Bartow, FL 33830 Cc: Wade Allen, Right-of-Way and Real Estate Manager Enclosures COMMISSIONERS: George LIndsey III. Chairman· Melany M. Bell· Edwin V. Smith. R. Todd Dantzler' John Hall. Vice Chairman RESOLUTION NO. lS-3883-R A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BARTOW; ESTABLISHING "THE MAYOR'S ART CLUB" TO ENCOURAGE AND PROMOTE ART AND ARTISTIC ACHIEVEMENT BY STUDENTS IN THE CITY OF BARTOW; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, art has the potential to enhance, enlighten, and unify a community; and, WHEREAS, art provides an outlet for the creative drive which is an inherent and intrinsic part of the human experience; and, WHEREAS, art is an important part of any well-rounded educational experience; and, WHEREAS, the City of Bartow desires to encourage and promote art and artistic achievement by students in the City of Bartow; and WHEREAS, the City of Bartow desires to afford student artists an opportunity to showcase their talents and creations publicly as well as beautify public facilities; NOW THEREFORE, BE IT RESOLVED by the People of the City of Bartow, Florida: 1. The City Commissioners of the City of Bartow establish the Mayor's Art Club for the purpose of establishing a competitive program through which local student artwork will be selected for display in designated locations in City Hall. 2. The Mayor's Art Club will primarily be administered by an Art Selection Committee, as designated by the Mayor, which will consist of the Mayor, a Representative from the School Board of Polk County, Florida, the City Manager, the Chamber of Commerce Executive Director, and one local professional artist. 3. The Art Selection Committee will establish a process through which local middle and high school students, with the assistance of local teachers, will submit artwork for evaluation and selection. This process may include an application form, criteria for the submission of art pieces to be considered, deadlines for submission and consideration, and any other criteria the Committee deems appropriate to accomplish the purpose of the Mayor's Art Club. 4. After an art piece is approved, the City shall, at the City's expense, undertake all necessary actions to enlarge a copy of the approved art piece to be suitable for display, including, but not limited to, framing, mounting and hanging. The enlarged art to be displayed shall be deemed the property of the City of Bartow. The original art piece shall remain the property of the student artist. 5. After preparation for display, the approved art pieces will hang in City Hall in designated locations for up to one (1) year. At the end it display period, the City may keep, loan, sell, or otherwise dispose of each art piece, as it deems appropriate. 6. This Resolution shall be effective as of the date of adoption. 1 READ, PASSED and ADOPTED at the regular meeting of the City Commission of the City of Bartow this 20TH day of April, 2015. ATTEST WITH SEAL: CITY OF BARTOW By: By: Jacqueline Poole, City Clerk W. Patrick Huff, Mayor Approved as to correctness and form: Approved as to substance: By: By: Sean R. Parker, City Attorney George A. Long, City Manager 2