August 27, 2012 RESOLUTION NO MINUTES OF SPECIAL MEETING OF AUGUST 13, 2012:

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1 112 August 27, 2012 The City Commission of the City of Plant City, Florida met in a regular session pursuant to laws and rules of said Commission at the City Hall of said City, the regular meeting place of the Commission at 7:33 p.m., on August 27, The meeting was called to order by Mayor-Commissioner Michael S. Sparkman and present were the following: Mayor-Commissioner Michael S. Sparkman, presiding and the following named Commissioners Rick A. Lott, Daniel D. Raulerson and Vice-Mayor Mary Y. Thomas Mathis. Commissioner William D. Dodson was absent. Also present were: Gregory Horwedel, City Manager; Kenneth W. Buchman, City Attorney; Kerri J. Miller, City Clerk; Mike Karr, Assistant to the City Manager; Martin J. Wisgerhof, Finance Director; Bill McDaniel, Police Chief; Officer Tray Towles and Officer Al VanDuyne, Sergeants-at-Arms. Members of the media and public were present. The invocation was given by Reverend Danny Morris, Shiloh Baptist Church and the audience joined in the Pledge of Allegiance to the Flag. CONSENT AGENDA: The following items were considered: RESOLUTION NO MINUTES OF SPECIAL MEETING OF AUGUST 13, 2012: PLANT CITY, FLORIDA, APPROVING THE MINUTES OF THE SPECIAL COMMISSION MEETING ON AUGUST 13, RESOLUTION NO MINUTES OF REGULAR MEETING OF AUGUST 13, 2012: PLANT CITY, FLORIDA, APPROVING THE MINUTES OF THE REGULAR COMMISSION MEETING ON AUGUST 13, RESOLUTION NO AGREEMENT - VHF RADIO SYSTEM : PLANT CITY, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT WITH COMMUNICATIONS INTERNATIONAL, INC. FOR RADIO EQUIPMENT AND HARDWARE. RESOLUTION NO FLUORIDATION GRANT CONTRACT: PLANT CITY, FLORIDA, AUTHORIZING AMENDMENT TO THE AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF HEALTH RELATING TO FLUORIDATION GRANT CONTRACT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY. After consideration, motion was made by Commissioner Lott and seconded by Vice-Mayor Thomas Mathis to approve the Consent Agenda. The following voted: YEA: Commissioners Lott, Raulerson, Vice-Mayor Thomas Mathis and Mayor-Commissioner Sparkman. Thereupon, Resolution No , , and were declared duly certified, adopted and passed. PRESENTATION PLANT CITY LITTLE LEAGUE S YEAR OLD ALL STARS: Mayor-Commissioner Sparkman presented the Plant City Little League Year Old All Stars with a proclamation recognizing their achievements.

2 113 PRESENTATION PLANT CITY LITTLE LEAGUE S YEAR OLD ALL STARS: Mayor-Commissioner Sparkman presented the Plant City Little League Year Old All Stars with a proclamation recognizing their achievements. PROPOSED PRESENTATION DAVID MILLER 2012 YMCA STRONG LEADER AWARD: City Clerk Miller stated that a proclamation was scheduled to be presented on August 28, 2012 to David Miller recipient of the 2012 YMCA Strong Leader Award for his outstanding contribution to our community. CITY MANAGER REPORT FOR CITY COMMISSION MEETING AUGUST 27, Suspect Charged in Double Homicide The Plant City Police Department has charged Ruben Jay Brooks of Plant City with First Degree Murder in the deaths of Shannon L. Thomas and Faye McClain Kitchen. On November 12, 2011, officers were summoned to 506 East Ohio Street to check the welfare of Kitchen, who family members had not been able to get in touch with since the previous night. When officers arrived, they were unable to make contact with Kitchen, so they entered the home by force. It was upon making entry that officers discovered 33 year-old Shannon L. Thomas and 59 year-old Faye McClain Kitchen deceased. The Hillsborough County Medical Examiner s Office ruled the cause of death for both victims as blunt force trauma. In the days following the homicide, detectives learned both victims were acquaintances of Ruben Jay Brooks. Detectives investigated the link between Brooks and the victims, along with the many other tips received from the community. As the murder investigation continued, Brooks was arrested by the Plant City Police Department on an unrelated robbery charge in early January He has been held in the Hillsborough County Jail since that time. Last week detectives completed their investigation into the murders of the victims and charged Brooks with two counts of homicide earlier today. Brooks is still being held at the Hillsborough County Jail and is awaiting his first appearance on the First Degree Murder charges. 2. Brownfields Program Update PPM Consultants, Inc., the CRA s environmental consultant for the Midtown Brownfield sites, reported that Enviro Tek, Inc. of Tampa, Florida was selected for the cleanup and remediation of the former Gro Mor Fertilizer Plant located at 307 South Evers Street. Work includes the excavation and removal of approximately 3,660 tons of petroleum impacted soil and backfilling the excavated area with clean soil. Work began at the site on August 20 th and will be completed by September 30 th. The maximum grant in the amount of $200, was awarded by the U.S. Environmental Protection Agency (EPA) under the Brownfields Cleanup Grant Program to help clean up this site. The cooperative agreement requires a 20% local match. The match will be provided through in-kind service (including costs for the removal of concrete slabs from the former buildings by personnel from the City s Stormwater, Streets, & Traffic Division), revenue from the Community Redevelopment Agency Trust Fund, and credits from the Water and Sewer Fund for treatment of groundwater. Hillsborough County also awarded grant assistance up to $100,000 and a deferred payment loan up to $200,000 under their Brownfields Cleanup Revolving Loan Fund to assist with the cleanup of this site. For each approved request for reimbursement by the

3 114 County to the CRA, thirty three percent (33%) of the amount reimbursed will be a grant and sixty seven percent (67%) will be a loan. Terms of the agreement provide for the repayment of the loan upon sale of the property. Below is a list of contracted services and their associated costs for this site: Contracted Services Unit Price Task 1 - Community Outreach Advisory Group & Community Meetings $1,250 Community Involvement Plan $1,250 Task 2 - Cleanup Planning ABCA/Remedial Action Plan $10,000 Task 3 - Site Remediation & Cleanup Final Design/Solicitation of Bids $3,500 Technical Report $10,000 Remediation Subcontract $272,000 Permit, Oversight & Construction Observation $60,000 Task 4 - Confirmatory Sampling/ESAs Site Specific QAPP/HASP $2,800 Sampling/Post Remediation Monitoring $42,300 Monitor & Closure Report $8,000 Task 5 - Programmatic Support Generic QAPP $625 TOTAL $411, Sydney Road Reclaimed Water Project Update The Sydney Road Reclaimed Water Project began construction in mid-july. Work has been focused around Bryan Elementary and Tomlin Middle Schools in order to minimize disruption to school activities and traffic. Work at the schools should be essentially complete around the end of August. Work has also commenced within the last week at the Walden Lake Golf Course to meet the contract requirements which minimize interference with golf course operations and customers. One change order has been executed for a change in method and materials for an isolated portion of the work, which resulted in a net reduction of $91, Staff is in the process of reviewing the first pay request. The contractor is storing equipment and materials at a site made available by the Florida Strawberry Festival; the City and the contractor appreciate the cooperation and consideration by the festival staff and management. 4. Employee Recognition Officer First Class Mark Mathis PCPD Employee of the Month for August While conducting a traffic stop, Officer Mathis was able to identify an individual responsible for several residential burglaries in the Walden Lake and Trapnell Ridge area. Due to his investigative skills, over $7,000 in stolen property was recovered as well as over $1,000 in drugs seized. Officers Christian Lopez and Troy Combs Bette Heydrick recent wrote following the theft of her car CD player on August 8, Within 5 minutes, Officer Christian Lopez and his partner arrived at my residence to take my report and inspect my car. I was so impressed with their demeanor, their attitude, their patience (I am hard of hearing and several times had to ask them to repeat themselves) and their thoroughness. I just can t tell you what a feeling of reassurance and gratitude I felt when they left. I just want you to know how very pleased I was with their response to my call. You have every reason to be proud of these two members of your department

4 115 Parks Division Bill and Lyra Hoeft of the Hammocks expressed their appreciation for the job done by the maintenance crews around town and especially the landscaping at Bruton Memorial Library and City Hall. 5. Monthly Report on Purchases Local Area Purchases Invoices Charged in July, 2012 Number $340, Year-to-Date (10/01/11 thru 9/30/12) $4,742,818 4,652 Out of Local Area Purchases Invoices Charged in July, 2012 Number $805, Year-to-Date (10/01/11 thru 9/30/12) $12,428,796 9, Departmental Monthly Reports July Fire Rescue Total Calls Structure Fires 2 6 Total Fires 7 12 Fire Loss $40,500 $15,700 Rescue & EMS Incidents EMS Transports ALS BLS Police Department Docket Charges 753 1,158 Complaints Investigated 6,157 6,971 Accidents Investigated Miles Patrolled 55,709 50,040 General Services Division Building Repairs 125 Furniture Manufactured 3 Locksmithing Key Cuts 26 Locksmithing Lock Repairs and Installations 16 Fuel Keys made for Fuel Master 7 Maintenance Call Outs (After Hours) 0 New Construction 6 Total Services 183 Preventative Maintenance 66.5

5 116 Library Department Information Service Library Programs Reference Services 12,654 Programs 20 Internet/PC Users 9,446 Attending 748 Circulation Meeting Room Use July ,849 Groups 10 July ,504 Audience 327 Patron Registration Library Attendance 32,171 July TROPICAL STORM ISSAC: City Manager Horwedel reported that there was no significant damage created throughout the City from Tropical Storm Isaac. CITY CLERK REPORT COMMENTS: City Clerk Miller reported that there was a second alternate vacancy on the Code Enforcement Board due to the resignation of Thomas Briggs. She stated she had begun advertisement of the vacancy and would provide the Commission with any applications received once the deadline to submit had expired. MAYOR - COMMISSIONER SPARKMAN COMMENTS: Mayor-Commissioner Sparkman reported that he and City Manager Horwedel attended an Economic Development Commission function in which the Mayor was able to promote our area for future economic development to some visitors that attended. Mayor-Commissioner Sparkman reported that he, City Attorney Buchman and Sanitation Director Troy Martin attended Polk County s Board of County Commission Meeting to speak in support of the City s proposed solid waste agreement and stated that the agreement was passed by Polk County s Commission with a vote of 5-0. ORDINANCE NO AMENDMENT TO ALCOHOLIC BEVERAGES ORDINANCE: City Clerk Miller announced that this was a public hearing and read the following entitled ordinance: AN ORDINANCE OF THE CITY OF PLANT CITY, FLORIDA, AMENDING CHAPTER 10, PLANT CITY CODE, REGARDING ALCOHOLIC BEVERAGES; AMENDING SECTION 10-1, PLANT CITY CODE, REGARDING DEFINITIONS; AMENDING SECTION 10-2, PLANT CITY CODE, REGARDING THE SALE, POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS AND BUILDINGS; AMENDING SECTION 10-62, PLANT CITY CODE, REGARDING CRITERIA FOR THE LOCATION OF BUSINESSES SELLING ALCOHOLIC BEVERAGES; AMENDING SECTION 10-96, PLANT CITY CODE, REGARDING THE OUTDOOR CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR LICENSED PREMISES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor announced that this was a public hearing and invited anyone who wished to speak on the item to do so at this time. Hearing none, the public hearing was closed. After consideration, motion was made by Vice-Mayor Thomas Mathis and seconded by Commissioner Raulerson to adopt the ordinance. The following voted: YEA: Commissioners Raulerson, Lott, Vice-Mayor Thomas Mathis and Mayor-Commissioner Sparkman. NAY: None. Thereupon, Ordinance No was declared duly certified, adopted and passed.

6 117 RESOLUTION NO REZONING 1109 WEST GRANT STREET: City Clerk Miller read the following entitled ordinance and resolution: AN ORDINANCE AMENDING THE DISTRICT BOUNDARIES OF THE ZONING MAP OF PLANT CITY, FLORIDA, AS ENACTED BY CHAPTER 102, PLANT CITY CODE, SO AS TO CHANGE THE ZONING CLASSIFICATION OF A PARCEL OF LAND LOCATED AT 1109 WEST GRANT STREET FROM R-1A SINGLE FAMILY DWELLING DISTRICT TO R-2 MULTIPLE FAMILY DWELLING DISTRICT. PLANT CITY, FLORIDA, PROVIDING NOTICE OF PROPOSED ENACTMENT OF AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY, AS REQUIRED BY SECTION , FLORIDA STATUTES, AND OTHER APPLICABLE LAW. The resolution sets the public hearing on the ordinance for the next City Commission meeting on September 10, 2012 at 7:30 p.m. in the Sadye Gibbs Martin Auditorium of the Nettie Berry Draughon Municipal Building. After consideration, motion was made by Commissioner Raulerson and seconded by Vice- Mayor Thomas Mathis to adopt the resolution. The following voted: YEA: Commissioners Raulerson and Lott, Vice-Mayor Thomas Mathis and Mayor-Commissioner Sparkman. NAY: None. Thereupon, Resolution No was declared duly certified, adopted and passed. RESOLUTION NO nd CYCLE 2012 COMPREHENSIVE PLAN AMENDMENT: City Clerk Miller read the following entitled ordinance and resolution: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PLANT CITY, FLORIDA, ADOPTING PROPOSED TEXT AMENDMENTS TO THE COMPREHENSIVE PLAN FOR THE CITY OF PLANT CITY; PROVIDING AN EFFECTIVE DATE (2nd Cycle 2012 Plan Amendments). PLANT CITY, FLORIDA, PROVIDING NOTICE OF PROPOSED ENACTMENT OF AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF PLANT CITY (2nd Cycle 2012 Plan Amendments). The resolution sets the public hearing on the ordinance for the next City Commission meeting on September 10, 2012 at 7:30 p.m. in the Sadye Gibbs Martin Auditorium of the Nettie Berry Draughon Municipal Building. After consideration, motion was made by Commissioner Lott and seconded by Vice-Mayor Thomas Mathis to adopt the resolution. The following voted: YEA: Commissioners Raulerson and Lott, Vice-Mayor Thomas Mathis and Mayor-Commissioner Sparkman. NAY: None. Thereupon, Resolution No was declared duly certified, adopted and passed. ORDINANCE NO AMENDMENT TO THE BUDGET FY 2011/2012: City Clerk Miller read the following entitled ordinance: AN ORDINANCE APPROPRIATING MONIES FROM THE VARIOUS FUNDS OF THE CITY FOR THE GENERAL OPERATION OF THE CITY AS SUPPLEMENTARY TO THE APPROPRIATIONS PROVIDED IN ORDINANCE After consideration, motion was made by Vice-Mayor Thomas Mathis and seconded by Commissioner Raulerson to adopt the ordinance. The following voted: YEA: Commissioners Lott, Raulerson, Vice-Mayor Thomas Mathis, and Mayor-Commissioner Sparkman. NAY: None. Thereupon, Ordinance No was declared duly certified, adopted and passed.

7 118 RESOLUTION NO AMENDMENT TO THE CAPITAL IMPROVEMENTS BUDGET FY 2011/2012: The following entitled resolution was considered: PLANT CITY, FLORIDA, ADOPTING AN AMENDMENT TO THE CAPITAL IMPROVEMENTS BUDGET FOR THE FISCAL YEAR AND THE NEXT FOUR YEARS THEREAFTER. After consideration, motion was made by Commissioner Raulerson and seconded by Vice- Mayor Thomas Mathis to adopt the resolution. The following voted: YEA: Commissioners Lott, Raulerson, Vice-Mayor Thomas Mathis, and Mayor-Commissioner Sparkman. NAY: None. Thereupon, Resolution No was declared duly certified, adopted and passed. There being no further business to legally come before the Commission, the meeting was adjourned at 8:06 p.m. ATTEST: Michael S. Sparkman Mayor-Commissioner Kerri J. Miller City Clerk

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