POLK CITY City Commission Workshop (6:00 pm) City Commission Meeting (7pm) Polk City Government Center 123 Broadway Blvd., SE April 16, 2024 CALL TO ORDER - Mayor Joe LaCascia INVOCATION - Pastor Walter Lawlor, New Life Community Church PLEDGE OF ALLEGIANCE - Mayor Joe LaCascia ROLL CALL - Assistant City Manager Sheandolen Dunn ESTABLISHMENT OF A QUORUM ELECT MAYOR ELECT VICE MAYOR APPROVE CONSENT AGENDA PRESENTATIONS AND RECOGNITIONS 1. Proclamation for Water Conservation Month OPPORTUNITY FOR PUBLIC COMMENT - ITEMS NOT ON AGENDA (limit comments to 3 minutes) AGENDA 1. PUBLIC HEARING - ORDINANCE 2024-03 - AN ORDINANCE OF THE CITY COMMISSION OF POLKCITY,FLORIDA: AMENDING ARTICLE2-REGULATIONSFOR SPECIFIC DISTRICTS, SECTION 2.04.01, "ZONING DISTRICT SUMMARY TABLES" OF THE UNIFORM LAND DEVELOPMENT CODE; CHANGING MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-1 SINGLE FAMILY ZONING DISTRICT & REDUCING THE MINIMUM REQUIRED LOT SIZE, LOT WIDTH AND SIDE YARD SETBACK REQUIREMENTS WITHIN THE POLK CITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CODIFICATION, AN EFFECTIVE DATE. First Reading 2. PUBLIC HEARING - ORDINANCE 2024-04 - AN ORDINANCE OF THE CITY COMMISSION OF POLKO CITY, FLORIDA; AMENDING, ARTICLE2-REGULATIONS FOR SPECIFIC DISTRICTS, SECTION 2.04.01, "ZONING DISTRICT SUMMARY TABLES" OF THE UNIFORM LAND DEVELOPMENT CODE; CHANGING MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-2 SINGLE FAMILY ZONING DISTRICT & REDUCING THE MINIMUM REQUIRED LOT SIZE WITHIN THE POLK CITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CODIFICATION AN EFFECTIVE DATE. First Reading 3. RESOLUTION 2024-03 - A RESOLUTION OF THE CITY COMMISSION OF POLK CITY, FLORIDA; APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR A SPECIAL EVENTS FACILITY ON APPROXIMATELY 2.5 ACRES AT 545 ORANGE BOULEVARD (PARCEL ID 252633296500045V20A PROVIDING CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 4. Raftelis Rate Study - Proposed Agreement for Utility Rate Study and Capital Connection Charge Study for Polk City 5. Polk County Library Cooperative Interlocal Agreement with Polk City CITY MANAGER ITEMS CITY ATTORNEY ITEMS COMMISSIONER ITEMS Commissioner Nichols Commissioner Blethen Mayor LaCascia ANNOUNCEMENTS ADJOURNMENT Pleaser note: Pursuantios Section2 286.0 0105, Florida Statules, ifapersond decidest toa appeala anyd decisionn made bythe City Commissiony withr respecttoa any matters consideredd theA during! this wth meeting. DisabilitiesA heorshew Act, willr need loensuret thatay record ofthe proceedingsis isr whichr recordi includes! Ihet testimonya ande evidence upons which thea appealistobet based. Ina accordancey 123 witht Americanw Polk Florida 33868. aperson (863)984-1375. Polk Cityn mayt take action on anyr matter duringt thisr meeting, including Mems thata arer nots set forth within this agenda. Minutes ofthe Ciys Commission the meetings ar tor obtained havea court trom! the City Clerk's office, Ther minules are recorded, bul arer nott transcribed verbalim. Persons requiringav verbalim! lranscripln maya arrange witht the Cily Clerkt tod duplicate recordings. arrangete witho disabilitiesn needinga anys special top participatei inc cityn meelingss should contacu the Office of the Cay Cierk, Pok Cty Government Center. Broadway. Chy, mayb be Telephone reporter presenta atlhen meeting. Thec costo ofduplication: and/or courtr reporterv willbe atthee expensed ofther requestinge party. CONSENT AGENDA April 16, 2024 MAY ALL BE APPROVED BY ONE VOTE OF COMMISSION TO ACCEPT CONSENT AGENDA. Commission Members may remove a specific item below for discussion and add it tot the Regular Agenda under New or Unfinished Business, whichever category best applies to the subject. A. CITYCLERK B. REPORTS 1. March 26, 2024 - Special City Commission Meeting 1. Building Permits Report - February/March 2024 2. Code Enforcement Report - March 2024 3. Financial Report - March 2024 4. Library Report = March 2024 5. Polk Sheriffs Report - March 2024 6. Public Works/Utilities Report - March 2024 7. Utility Billing Report -March 2024 C. OTHER City Commission Meeting April 16, 2024 CONSENT AGENDA ITEM: Accept minutes for: 1. March 26, 2024 - Special City Commission Meeting INFORMATION ONLY X ACTION REQUESTED ISSUE: Minutes attached for review and approval ATTACHMENTS: 2. March 26, 2024 - Special City Commission Meeting ANALYSIS: N/A STAFF RECOMMENDATION: Approval of Minutes CITY COMMISSION MINUTES March 26, 2024 Mayor LaCascia called the meeting to order at 6:00 pm, Bob Baker, Planning Commission Chairman gave the invocation. Those present recited the Pledge of Allegiance led by Mayor LaCascia. ROLL CALL - Assistant City Manager Sheandolen Dunn Present: Mayor Joe LaCascia, Commissioner Micheal T. Blethen, Commissioner Charles Nichols, City Attorney Thomas Cloud and City Manager Patricia Jackson APPROVE CONSENT AGENDA Motion by Commissioner Nichols to approve the February 20, 2024 (Regular City Commission Meeting and Workshop) and the reports and other items on the Consent Agenda; this motion was seconded by Commissioner Blethen. Motion carried 3/0 by Voice Vote. PRESENTATIONSPRROCLAMATIONS - None PUBLIC COMMENTS Bob Baker (525 Orange Boulevard) - discussed the Mock Planning Commission Meeting held by Polk County. Key factors taken away from the meeting were Consistency and Compatible. He will attend the April 12 Mock Planning Commission Meeting as well as another on April 19. ORDER OF BUSINESS ORDINANCE 2024-01 Jennifer Codo-Salisbury presented al PowerPoint and discussion regarding the Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern is an applicant-initiated Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern "X" to change the Future Land Use from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600 SR33 (Parcel number 252631- City Attorney Cloud Read the short title only. Mayor LaCascia opened the Public Hearing. No one spoke for or against this Ordinance. Mayor LaCascia closed the Public Hearing. Motion by Commissioner Nichols to approve Ordinance 2024-01 Applicant Initiated Future Land Use Map Amendment; this motion was seconded by Mayor LaCascia. 000000-044210). First Reading Roll Call Vote: Motion carried 2/1. ORDINANCE2024-02 Commissioner Nichols - aye, Commissioner Blethen - nay, Mayor LaCascia-aye Jennifer Codo-Salisbury discussed Ordinance 2024-02, Rezoning in the Green Swamp Area of Critical State Concern is an applicant-initiated rezoning in the Green Swamp Area of Critical State Concern "X" to change the zoning from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600 SR 33 (Parcel City Attorney Cloud Read the short title only. Mayor LaCascia opened the Public Hearing. No one spoke for or against this Ordinance. Mayor LaCascia closed the Public Hearing. number 252835.00000.044210, First Reading No Discussion. Motion by Commissioner Nichols to approve Ordinance 2024-02 on First Reading; this Ordinance was seconded by Commissioner Blethen. Roll Call Vote: Motion carried 3/0. RESOLUTION 2024-02 Commissioner Nichols = aye, Commissioner Blethen = aye, Mayor LaCascia = aye Jennifer Codo-Salisbury (CFRPC) discussed a Resolution of the City Commission of Polk City, Florida; approving a Preliminary Site Plan for 9,720 square foot Retail Plaza located on approximately 1.37 Acres in Polk City, at 0 SR33 (Parcel Number 242701- 000000-021020) in the Green Swamp Area of Critical State Concern; providing a condition of approval; providing an effective date. City Attorney Cloud Read the short title only. Commissioner Blethen inquired about flooding in that area. Has all due diligence been Mrs. Codo-Salisbury responded this is a Preliminary and in the green Swamp there are City Attorney Cloud also responded with Stormwater and Drainage Plans must be submitted. This Preliminary Site Plan will go to Florida Commerce for a 60-90 day Additional condition stated that Engineering Plans shall be submitted and reviewed prior Lynn Newman inquired about the community having any recourse if the drainage is not done? much more strict guidelines. Review. The Preliminary Site Plan comes before the Engineer. to the Construction Plan approval. maintained. 2 City Attorney Cloud responded that SWFWMD issues the permit. Therefore, that matter Motion by Commissioner Nichols to adopt Resolution 2024-02 Preliminary Site Plan for 9,720 Square Foot Retail Plaza; this motion was seconded by Commissioner Blethen. would have to be taken up with them. Roll Call Vote: Motion carried 3/0. CITY MANAGER ITEMS Commissioner Nichols - aye, Commissioner Blethen - aye, Mayor LaCascia - aye Letters of Interest = A notice will be placed on the website for residents interested in serving on the City Commission, as Polk City still needs to fill the District #2 Seat as well Vacation - City Manager Jackson will be out of the office on April 4, April 8 and April 11. as the At-Large Seat. CITY ATTORNEY ITEMS City Attorney Cloud briefly discussed a new start time for the City Commission Meetings. Recommended 6pm. Motion by Commissioner Nichols to approve the start time of 6pm; this motion was seconded by Commissioner Blethen. Motion carried by Voice Vote. COMMISSIONERITEMS Commissioner Nichols - None Commissioner Blethen Discussed Berkley Road signs will be removed as well as traffic enforcement. City Manager Jackson responded Polk County has gone to FDOT to Mayor LaCascia = Discussed the need for a new Sound System for the Commission City Manager Jackson and Rick Jiles responded that Carlton Music will be coming out to City Commission Vacancies - arel being advertised on Polk City's website, newsletter and emailed to the Water customers. Commissioner Blethen would like staff to research utilizing text messaging to share items of great importance to the residents. Chasity Guinn mentioned that we are currently utilizing Twillo. She will. investigate using Twillo Mayor LaCascia briefly discussed the homeless population on public property. get permanent signs. Chamber. survey what can be done. for texting information out to the Public. 3 City Attorney Cloud responded that Polk City does not own any type of camping facility. The bill that Governor DeSantis recently passed protects us for the Van Fleet Trail as it is a State Park. ANNOUNCEMENTS - None ADJOURNMENT - 6:55 pm Patricia Jackson, City Manager Joe LaCascia, Mayor 4 City Commission Meeting April 16, 2024 CONSENT AGENDA ITEM: Department Monthly Reports INFORMATION ONLY X ACTION REQUESTED ISSUE: Department Reports attached for review and approval. ATTACHMENTS: Monthly Department Reports for: 1. Building Permits Report-F February/March 2024 2. Code Enforcement Report - March 2024 3. Financial Report - March 2024 4. Library Report - March 2024 5. Polk Sheriff's Report - March 2024 6. Public Works/Utilities Report - March 2024 7. Utility Billing Report - March 2024 ANALYSIS: STAFF RECOMMENDATION: Approval of Department Reports via Consent Agenda Polk City Permits Added From: 02/01/24 To: 02/29/2024 ELECTRICAL Permit Number BT-2024-1774 BT-2024-2730 BT-2024-2800 BT-2024-2976 MECHANICAL Permit Number BT-2024-2701 PLUMBING Permit Number BT-2024-3298 PRE-PERMIT Permit Number BP-2024-49 RE-ROOF Permit Number BT-2024-1972 BT-2024-2056 BT-2024-2091 BT-2024-2922 BT-2024-3287 RESIDENTIAL Permit Number BR-2024-1487 BR-2024-1489 BR-2024-824 BR-2024-825 Declared Value Date Added 4,930.91 02/01/2024 1,500.00 02/20/2024 14,000.00 02/21/2024 28,875.00 02/23/2024 $49,305.91 Address 123 SE BROADWAY BLVD, POLK CITY, FL 33868 220 PINE AVE, POLK CITY, FL3 33868 5420 ANIMOSH CT, POLK CITY, FL 33868 8750 CONOY AVE, POLK CITY, FL33868 Subtotal: Declared Value Date Added 4,000.00 02/19/2024 $4,000.00 Address 220 PINE AVE, POLK CITY, FL3 33868 Subtotal: Declared Value Date Added 1,500.00 02/29/2024 $1,500.00 Address 632 N CITRUS GROVE BLVD, POLK CITY,FL 33868 Subtotal: Declared Value Date Added 1,500.00 02/19/2024 $1,500.00 Address 33868 220 PINE AVE, POLK CITY, FL Subtotal: Declared Value Date Added 6,720.00 02/06/2024 14,975.00 02/07/2024 19,352.51 02/07/2024 16,800.00 02/22/2024 16,480.34 02/28/2024 $74,327.85 Address 329 HONEY BEE LN, POLK CITY, FL 33868 548 NARROW PONDI LN, POLK CITY,FL 33868 411 SUNRISE BLVD, POLK CITY, FL: 33868 245 BAYBERRY DR, POLK CITY, FL3 33868 323 LAKESHORE CT, POLK CITY, FL 33868 Subtotal: Declared Value Date Added 18,201.00 02/27/2024 1,000.00 02/27/2024 2,500.00 02/04/2024 9,000.00 02/04/2024 Address 8507 RINDGE RD, POLK CITY, ,FL: 33868 303 NOLANE LN, POLK CITY, FL 33868 627 2ND ST, POLK CITY, FL 33868 627 2ND ST, POLK CITY, FL 33868 10 Page of2 4/4/2024 9:04 AM Polk Clty Permits BR-2024-957 5321 MARKLENLOOP, POLK CITY, FL: 33868 5,800.00 02/07/2024 Subtotal: $36,501.00 Grand Total: $167,134.76 OSFRt Doke dauly bulp 414/20249:04AM Polk Clty Permits Page 2of2 Polk City Permits Added From: 03/01/24 To: 03/31/2024 ELECTRICAL Permit Number BT-2024-4015 BT-2024-5032 MECHANICAL Permit Number BT-2024-4851 POOL Permit Number BT-2024-3709 RE-ROOF Permit Number BT-2024-3644 BT-2024-4489 RESIDENTIAL Permit Number BR-2024-1745 BR-2024-1782 BR-2024-1783 BR-2024-1823 BR-2024-1848 BR-2024-1893 BR-2024-1927 BR-2024-1993 BR-2024-2081 BR-2024-2154 BR-2024-2203 BR-2024-2278 Declared Value Date Added 56,000.00 03/12/2024 26,565.00 03/27/2024 $82,565.00 Address 8722 RINDGE RD, POLK CITY, FL 33868 188 SUNSHINE BLVD, POLK CITY,FL33868 Subtotal: Declared Value Date Added 9,055.88 03/25/2024 $9,055.88 Address 5381 MARKLEN LOOP, POLK CITY, FL3 33868 Subtotal: Declared Value Date Added 54,000.00 03/07/2024 $54,000.00 Address 8750 CONOY AVE, POLK CITY, FL33868 Subtotal: Declared Value Date Added 5,000.00 03/06/2024 18,000.00 03/19/2024 $23,000.00 Address 627: 2ND ST, POLK CITY, FL 33868 334 BAYBERRY DR, POLK CITY, FL: 33868-9344 Subtotal: Declared Value Date Added 1,000.00 03/05/2024 4,500.00 03/06/2024 7,500.00 03/06/2024 1,000.00 03/07/2024 0.00 03/08/2024 15,155.00 03/11/2024 528,337.00 03/12/2024 1,000.00 03/14/2024 0.00 03/17/2024 3,720.00 03/19/2024 13,000.00 03/21/2024 1,500.00 03/24/2024 Address 303 NOLANEI LN, POLKCITY, FL 33868 627 2ND ST, POLK CITY, FL 33868 627 2ND ST, POLK CITY, FL 33868 303 NOLANE LN, POLK CITY, FL 33868 784 TEABERRY TRL, POLK CITY, FL 33868 512 EDGEWATER DR, POLK CITY, FL: 33868 6041 Meandering Way, Polk City, FL 33868 303 NOLANE LN, POLK CITY, FL 33868 510N CITRUS GROVE BLVD, POLK CITY, FL33868 329 HONEY BEEI LN, POLK CITY, FL 33868 427 SUNRISE BLVD, POLK CITY, FL 33868 221SHYDRANGEA. AVE, POLKCITY, FL 33868 1 of2 Page 4/4/2024 9:10 AM Polk Clty Permits BR-2024-2369 221SHYDRANGEA, AVE, POLK CITY, FL3 33868 1,500.00 03/26/2024 Subtotal: $578,212.00 Grand Total: $746,832.88 15Felo Dale dauly Delp 4/4/20249:10AM Polk City Permits Page 2of2 Code Enforcement Report MARCH 2024 SNIPE SIGNS REMOVED LIEN SEARCHES INSPECTIONS CLOSED OUT CASES SPECIAL MAGISTRATE CASES CLOSED OUT SPECIAL MAGISTRATE CASES 24 19 42 21 6 3 CASE SUBJECTS REFERRED TO COUNTY/OTHER DISABLE VEHICLES BUILDING WITHOUT PERMIT OVERGROWTH HOUSE NUMBERS FENCE/NSPECTIONS JUNK AND DEBRIS RV/TRAILER PARKING OPEN STRUCTURE MET WITH CITIZEN NOISE PLACE LIEN CLOSE OUTL LIEN YARD: SALE ANIMAL POSTINGS EXTENDED CASES ACCESSORY USE POOLS BUSNESS LICENSE MINIMUM STANDARD HOUSING 3 6 1 6 1 4 6 3 0 6 0 1 0 0 0 6 7 1 1 1 1 CITY OFI POLKCITY Simple Balance Sheet For Fiscal Year: 20241 thru Month: Mar Fund: 01 OPERATINGFUND 04/01/2024 16:09 gb614.Pg-phplJob! No: 15285 Page1of5 JOANNAK USER:. Ending Bal 3,678,393,61 31,195.62- 875:00 46,337,55 3,540.00 131,83- 45,258.79 57,955.50 1,192,790,91 84,323,83 332,692,65 100,000.59 62,924.00 19,800.29- 10,258.34- 7,960.00 150,000.00 21,277.92 61.64 34.25- 1,383.95 28,486:41- 208.76 9,507.95 528.00 3,018.21 5,280.38 1,185.22- 615.55 120.00 5,077.33 5,077.33- 4,473,458.35 Net Amount Account Number 01-101-100 01-101-990 01-102-100 01-115-100 01-115-120 01-115-200 01-117-100 01-133-100 01-133-101 01-151-100 01-151-902 01-153-302 01-160-902 01-160-903 01-202-100 01-202-200 01-202-900 01-202-950 01-208-300 01-208-310 01-208-320 01-208-330 01-216-100 01-217-200 01-218-100 01-218-200 01-218-300 01-218-320 01-218-400 01-218-410 01-218-700 01-243-100 01-245-100 01-271-100 Account Title Cash Checking Library Van Fleet Cycling Challenge Cash on Hand Accounts Receivable Utilities Accounts Receivable Local Bus Licenses Accounts Receivable Year End Allowance for Bad Debt Due From Other Governmental Units Due from Others (Franchise & Public Serv. Tax) Investments FL SAFE GF Investments FL SAFE GF Reserves Restricted Cash New Local Opt Gas Tax Reserve Account Reserve Acct Emergencies & Contingency ** TOTAL ASSET** Accounts Payable Accounts Payable - Year End Customer Deposits Other Deposits Due to County - Impact Fees Due to DCA Bldg Permit Surcharge Due to Dept of Business License Fees Due to PCSO - Police Education Revenue Accrued Payroll Accrued Sales Tax Payroll Taxes Payable FRS Retirement Payable Health Plan Payable Supplemental Insurance Payable Dental Plan Payable Vision Plan Payable ICMA-RC ** TOTAL LIABILITY** Encumbrances Placed Reserved for Encumbrances ** TOTAL ENCUMBRANCE+* Fund Balance Unreserved ** TOTAL EQUITY** ** TOTAL REVENUE** ** TOTAL EXPENSE** TOTAL LIABILITY AND EQUITY 5,352,531.81 140,197.85 0.00 4,473,458.35 2,122,024.68 1,383,149.07 5,352,531.81 1 E !!! PA 33 B :88 ttta SS 6 588 iifiaift Ee 888 A iisitill :e fites 8 888 50 u SE aiififi BEEEE - T - BP1" EEITEIRE 00 o0 EIEEENS *E f 868 : 88 88 cmy OF POLKCITY Simple Balance Sheet For Fiscal Year: 20241 thru Month: Mar Fund: 05 ENTERPRISE FUND 04/01/2024 16:09 gb614_pg-phplJob No: 15285 Page USER:. 2of5 JOANNAK Account Number 05-101-100 05-101-900 05-101-913 05-101-916 05-101-917 05-101-918 05-101-919 05-101-936 05-115-100 05-115-130 05-115-200 05-117-100 05-117-200 05-151-100 05-155-300 05-159-100 05-159-200 05-160-902 05-160-903 05-164-100 05-165-900 05-166-900 05-169-900 05-202-100 05-202-200 05-202-900 05-203-100 05-203-600 05-203-610 05-203-615 05-203-710 05-203-910 05-208-305 05-216-100 05-218-320 05-223-100 05-225-100 05-234-100 05-234-901 05-235-800 05-235-900 05-243-100 05-245-100 05-250-100 05-255-100 Account Title Cash - Checking Cash Water Impact Fee Account DEP Loan Sinking Fund US Bank Sink Fund US Bank Renewal & Replacement Series DEP Loan WW531400 - Sink Fund DEP Loan WW531402 Sink Fund Cash - Customer Deposits FDEP 531402 Sinking Fund Accounts Receivable Utilities Accounts Receivable Readiness to Serve Accounts Receivable Year End Allowance for Bad Debt Allowance for Uncollectible A/R Investments FL SAFE EF Investments FL SAFE EF Reserves Prepaid Insurance - Deferred Bond Series 2017 Deferred Outflows Related to Pension Deferred Outflows Loss on Refunding Reserve Account Reserve Acct Emergencies & Contingency Fixed Assets Land Utility Plant in Service Acc.Dep. Improvements Other than Build Equipment & Furniture Accumulated Depreciation - Equipment CIP - Construction Costs ** TOTAL ASSET** Accounts Payable Accounts Payable Year End Customer Deposits Accumulated Interest Payable SRF Loan WW51201P SRF Loan WW53140/96531401 Effluent Disposal SRF Loan MW531402/56531403 US Bank 2017 Bond Note Unamoritized Bond Premiums US Bank Taxes Payable Accrued Payroll Supplemental Insurance Payable Deferred Revenue Deferred Inflows Related to Pension L-T-D Current Portion Less: Current Portion of LTD OPEB Liability Net Pension Liability ** TOTAL LIABILITY** Encumbrances Placed Reserved for Encumbrances ** TOTAL ENCUMBRANCE** Contributed Capital Change in Fund Balance Ending Bal 3,014,827.96 150.00 87,104.04 801,012.56 200,994.11 985.06 28,629.89 366,180.00 11,931.67 256,442.86 20,138.43 9,938.00- 327.41- 20,389.46- 647,825.65 135,969.48 29,013.62 147,954.23 629,103.39 100,000.00 48,044.00 2,762,913.00 16,445,594.67 5,029,784.42- 930,832.90 447,067.54- 49,649.61 84,008.18 89,579.00 362,780.00 49,329.17 1,674,524.85 30,495.24 778,037:50 7,410,000.00 468,166.37 19,502.85 19,512.31- 2,002.98- 1,364,325.00 13,560.19 438,421.72 438,421.72- 14,390.51 344,376.14 51,113.25 51,113.25- 598,715.40 36,514.20 Net Amount 21,207,790.30 12,6B1,559.71 0.00 cmy OFPOLKCITY Simple Balance Sheet For Fiscal Year: 2024 thru Month: Mar Fund: 05 ENTERPRISE FUND 04/01/20241 16:09 gb614_pg-phplJob No: 15285 Page3of5 USER: JOANNAK Net Amount Account Number 05-271-100 05-271-150 05-271-200 05-272-100 Account Title Fund Balance Unreserved Fund Balance Restatement Net Asset Adjustment Account Retained Earnings ** TOTAL EQUITY** ** TOTAL REVENUE** ** TOTAL EXPENSE** TOTAL LIABILITY AND EQUITY Ending Bal 6,797,039.09 12,428.57- 10,071.23- 734,552.82 8,144,321.71 1,374,998.35 993,089.47 21,207,790.30 - : 8dd IA de o - :s : 60 888883 E5 d8 EISEEE NS 8888 n " - 3133, Aittaat S88 88 E - :888 S153i te : 88885 CITY OF POLKCITY Simple Balance Sheet For Fiscal Year: 20241 thru Month: Mar Fund: 08 SPECIAL REVENUE FUND. GF IMPACTFEES 04/01/2024 16:09 gb614_Pg.phplJob! No:1 15285 Page USER:. 4of5 JOANNAK Net Amount Account Number 08-101-100 08-101-101 08-101-102 08-101-103 08-151-100 08-151-101 08-151-102 08-151-103 Account Title Ending Bal 16,167.06 8,950.58 32,640.22 57,121.86 231,299.57 146,189.50 437,157.87 483,400.87 GF Police Public Safety Impact Fees GF Fire Public Safety Impact Fees GF Recreation Impact Fees GF Gen Gov't Facilities Impact Fees Investments FL SAFE GF Fire Public Saf... Investments FL SAFB GF Recreation Investments FL SAFE GF Facilities ** TOTAL ASSET** ** TOTAL LIABILITY** ** TOTAL ENCUMBRANCE** Fund Balance Unreserved ** TOTAL EQUITY** ** TOTAL REVENUE** ** TOTAL EXPENSE** TOTAL LIABILITY AND EQUITY FL SAFE GF Police Public Safety 1,412,927.53 0.00 0.00 1,374,384.78 38,542.75 0.00 1,412,927.53 08-271-100 1,374,384.78 I CITY OF POLKCITY Simple Balance Sheet For Fiscal Year: 20241 thru Month: Mar Fund: 09 SPECIAL REVENUE FUND- EFI IMPACT FEES 04/01/2024 16:09 gb614.pg.phplob! No: 15285 Page USER: 5of5 JOANNAK Account Number 09-101-800 09-101-900 09-151-800 09-151-900 09-169-900 Account Title Ending Bal 454,525.04 127,240.57 1,770,091.99 287,816.07 28,872.10 Net Amount EF Sewer Impact Fee Account EF Water Impact Fee Account Investements Sewer Impact Investements Water Impact CIP - Construction Costs TOTAL ASSET** ** TOTAL LIABILITY** ** TOTAL ENCUMBRANCE** Unreserved Fund Balance ** TOTAL EQUITY** ** TOTAL REVENUE** ** TOTAL EXPENSE** TOTAL LIABILITY AND EQUITY 2,668,545.77 0.00 0.00 2,682,074.25 77,605.09 91,133.57 2,668,545.77 09-271-100 2,682,074.25 ait POLK COUNTY SHERIFF'S OFFICE DEPARTMENT OF LAW: ENFORCEMENT STATISTICAL, DATA West Division Date: To: From: April 8, 2024 Northwest District Patricia Jackson, City Manager Deputy Christina Poindexter #7376 Subject: Statistical Report for March 2024 ACTIVITY FELONY ARREST AFFIDAVITS FELONY MISDEMEANOR ARREST AFFIDAVITS MISDEMEANOR OUT OF COUNTYISTATE WARRANT ARRESTS PROCAP WARRANT ARREST TOTAL ARRESTS SEARCH WARRANTS FIELD INTERROGATION REPORTS TRAFFIC CITATIONS INTELLIGENCE REPORTS STOLEN PROPERTY RECOVERED HRS. TRANSPORTING AGENCIESIDMISIONS OFFENSE REPORTS NARCOTICS SEIZED ASSETS SEIZED PATROL NOTICES FOXTROT REPORTS TOW-AWAY NOTICES COMMUNITY CONTACTS TRAFFIC STOPS TOTAL DISPATCHED CALLS FOR SERVICE 5 0 2 0 0 0 7 0 5 9 1 0 30 0 0 0 2 0 344 15 86 $17,000 stolen trailer located for Orange Co. PCSO FORM 327 (REV 12/20/07) Page lof2 Inl March 2024, there was one (1)E PROCAP captured crimes as compared to: zero (0) in March 2023. There was one incident ofa reported catalytic converter theft reported 815 Lakeshore Dr. During thei investigation, video surveillance from neighbors was obtained and determined the theft did not happen at the reported address. This case was closed due to it did not occur in our jurisdiction as reported. A stolen dump trailer from Orange County was located and recovered from Sandy Pointe Subdivision. The $17,000.00 dump trailer was later returned to the registered owner. So inl March we are sitting at 0 Pro-Cap crimes. In all for 2024 we are sitting at 7 Pro-Cap related crimes compared to 41 Pro-Cap crimes reported by this time in 2023. In an attempt to eliminate ny further increase in crimes, myself and the Detail Deputies are showing extra attention to the trend related crime areas such as Van Fleet Trail Head, and Gas Stations. Several traffic stops are being conducted on Berkley Rd., due to "No Thru Trucks" sign recently installed. CASE PCSO- 2024-03-04/ 2024-03-04/ Mon I5LAKESHOREDR Unks susp UNFOUNDED attemptedt tocutt converter offt Chevy truckw whichy wasf foundt theveh/ tobehangingf fromt thebottoma ofthetruck/ noe madetoth furtheri investigationr revealedthat cut, butp possiblya atad differentti timeframet that whatthevi victt hought duetonov videoo ofincident,t thecutinthe cshaustpipew wasa fewi inchesf fromt thep pipew slightamoutof rusting, thecatalytico convereter wasn damaged Unfounded randt 240009302 0104hrs 0222hrs thes closed FR's IDAR PCSO FORM 327 (REV_12/20/07) Page lof2 Public Works & Utilities Report March 2024 Public Works Department- Work Orders: Total237 BUILDING MAINTENANCE: 68 Custodial services A/C:2 Custodial: services Freedom Park:2 Custodial services utilities dept.:1 VEHICIE/EQUIPMENT MAINTENANCE: 56 EVENTS SETUP- INSPECTION: 5 LANDSCAPING, MOWING: 39 PARKS AND RECREATION:11 procurement: 3 Stormwater: 8 Street signs: 11 Repairs: 1 TRASH PARKS AND FACILITIES: 11 TRASH ROADS AND STREES: 14 Streets Repa and maintenance:2 Utilities Department- Work Orders: Total190 TURN ON: 28 Temporary TURN OFF:16 TURNOFF:40 Turn back on from shut off list: 13 Install water:2 LOCATES:1 METER MAINTENANCE: 66 LIFTSTATION MAITENANCE:17 LIFT STATION REPAIR:3 WWTP REPAIR ANDI MAINTENANCE:1 METERS READ: 3,363 MISREADS: 139. WATER LEAK:5 5 (4935 Northshore DR.125 Sunset Dr. 5153 Island view Cir. 9107 Golden Gate Blvd) Sewer Manhole Backup Rindge Rd. BACK FLOW'TESTING & Repair. Utility Billing Report March 2024 New Accounts Established: 17 ina/Terminated Service: 19 Bills Processed: 2726 Email/ Bill Customers: 2005 Work Orders Processed: 131 Lock off for Nonpayment: 19 Nonpayment fees ($50): 42 Billed Consumption: 12,790,000 Billed/Revenue: $289,792.27 Residential Billing: 2617 Irrigation Billing: 585 Commercial Billing: 93 On Going Projects -Process Deposit Refunds information is correct. (Debt Consolidation). -Meter Replacement Program Staff Objectives Building Rentals Activity/Bronson Center/Freedom Park: 15 Working with the Utilities Department in Diamond Maps to verify that all meter -Process monthly Adjustment Reconcilations, Zero Charge Reports and Cycle D Reroute meters into walking order. Continue to work with: staff to write procedures for Utility Billing. Continuing efforts in auditing accounts. Respectfully Submitted by: Chasity Guinn Utility Billing Supervisor City Commission Meeting April 16, 2024 PRESENTATIONS: Proclamation for Water Conservation Month INFORMATION ONLY X ACTION REQUESTED ISSUE: This proclamation is in recognition of Water Conservation Month ATTACHMENTS: Yes ANALYSIS: N/A STAFF RECOMMENDATION: Recognize April 2024 as Water Conservation Month 19 25 7 CITY Proclamation WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, The State of Florida, Water Management Districts and Polk City are working together to increase awareness about the importance of water conservation; and WHEREAS, Polk City and the State of Florida has designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, Polk City has always encouraged and supported water conservation, WHEREAS, every business, industry, school and citizen can make a difference when it WHEREAS, every business, industry, school and citizen can help by saving water and NOW, THEREFORE, be it resolved that by virtue of the authority vested in me, Joe LaCascia, Mayor ofPolk City do hereby proclaim the month of April as through various educational programs and special events; and comes to conserving water; and thus promote al healthy economy and community; and Water Conservation Month Polk City, Florida is calling upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. Polk City Joe LaCascia, Mayor ATTEST: Patricia R. Jackson, City Manager/Clerk City Commission Meeting April 16, 2024 AGENDA ITEM #1: ORDINANCE 2024-03- - City-Initiated Text Amendment to the Land Development Code INFORMATION ONLY X ACTION REQUESTED ISSUE: ORDINANCE 2024-03 - AMENDING ARTICLE 2 = REGULATIONS FOR SPECIFIC DISTRICTS, SECTION 2.04.01, "ZONING DISTRICT SUMMARY TABLES" OF THE UNIFORM LAND DEVELOPMENT CODE; CHANGING MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-1 SINGLEI r FAMILYZONING DISTRICT & REDUCING THE MINIMUM REQUIRED LOT SIZE, LOTWIDTH. AND SIDE YARD SETBACK REQUIREMENTS WITHIN THE POLK CITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CODIFICATION AN EFFECTIVE DATE. First Reading ATTACHMENTS: Ordinance 2024-03 CFRPC Staff Report ANALYSIS: City staff has identified the need for a City-initiated text amendment to the Polk City Land Development Code (LDC) to reduce inconsistencies between the R-1 Zoning District Minimum Development Standards and the lots developed in the R-1 Zoning District. See full CFRPC Staff Report attached. On Monday, April 8, 2024, the Planning Commission voted to forward the proposed Text Amendments to the City's Land Development Code to the City Commission for approval. Polk City's Business Impact Statement is attached. STAFF RECOMMENDATION: Approve Ordinance 2024-03 on First Reading. ORDINANCE 2024-03 AN ORDINANCE OF THE CITY COMMISSION OF POLK CITY, FLORIDA; AMENDING ARTICLE 2 - REGULATIONS FOR SPECIFIC DISTRICTS, SECTION 2.04.01, "ZONING DISTRICT SUMMARY TABLES" OF THE UNIFORM LAND DEVELOPMENT CODE; CHANGING MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-1 SINGLE FAMILY ZONING DISTRICT & REDUCING THE MINIMUM REQUIRED LOT SIZE, LOT WIDTH AND SIDE YARD SETBACK REQUIREMENTS WITHIN THE POLK CITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CODIFICATION AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF POLK SECTION1. COMMISSION FINDINGS ANDINTENT. Ina adopting this Ordinance and modifying the Polk City Code and the therein-incorporated Unified Land Development Code, the City Commission of Polk City, Florida, hereby makes the following findings: development regulations to guide the growth and development of the City. CITY, FLORIDA: (1) Section 163.3167(c), Florida Statutes, empowers the City to adopt land (2) The Act authorizes a local government desiring to revise its Unified Land (3) The City has prepared a text amendment to the Polk City Land Development Code to amend the development standards in Table 5 for the R-1 zoning district in the Polk City Green Swamp Exemption Area. The proposed amendments reduce the minimum lot size from 15,000 square feet to 12,000 square feet, the minimum lot width from 100 feet to 80 feet, and the minimum side setback requirement from 15 feet to 12 feet. These amendments are proposed to lessen nonconformities of existing lots within the R-1 zoning district. The amendments will reduce the number of non-conforming lots due to lot size from 43 percent to 7 percent and non-conforming lots due to lot width Development code to prepare and adopt amendments. from 21 percent to 12 percent. (4) Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impact estimate pursuant to S 166.041(4)(C), and determined that adoption of this ordinance: (a) serves a public purpose by serving the public health, safety, morals, and (b) has no direct negative economic impact on private, for-profit businesses in the welfare of the City, city, (c) will not result in direct compliance costs by businesses, (d) does not impose any new charge or fee or businesses for which businesses (e) does not create any additional municipal regulatory cost which is not recovered (5) Pursuant to Section 163.3187, Florida Statutes, the City Commission held a meeting and hearing on this Unified Land Development Code change, with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings, including support documents. will be financially responsible, appropriately and lawfully by the City. (6) The meetings were advertised and held with due public notice, to obtain public comment; and having considered written and oral comments received during public hearings, find the changes necessary and appropriate to the needs of the City. SECTION 2. AMENDMENT TO ARTICLE 2, REGULATIONS FOR SPECIFIC DISTRICTS. Article 2, Section 2.04.01 Zoning District Summary Table is hereby Text that is underlined is text to be added and text that is shown as strikeout is to be amended to read as follows: removed. 2.04.00 Establishment of Districts 2.04.01 Zoning District-Summary Tables Table 1-7 TableofDevelopment StandardsError. Bookmark not defined. 2 Max. Density Lot Size (units/ac) (sq.ft.) Min. Min. Lot Width (feet) 250 width 400 depth 150 100 80 75 75 80 Min. s.f. of (feet) dwelling unit Setbacks Max. Max. Lot Bldg. Covg. Height (%) (feet) Front Rear Sides 40 50 30 5% 45 (3.stories) 30 20 15 30% 40 1,200 30 20 45 45% 40 12 1,000 30 20 10 45% 40 950 30 20 I0 45% 40 750/unit 30 20 10 Zone AG-1 AG-2 R-1 R-2 R-3 R-4: SF Mobile! Home Duplex MF3+ R-5: SF MF 3+ units 10 MH: MHE Park MHE Park RVI Park RV Camp RV Camp 1/10 acres 10acres 1/1 acre lacre 2.5 3.67 4.65 8.7 15,000 12,000 10,000 7,500 SF 8,0001 Duplex 5.8 8.7 10 10 IO 10 10 10 10 6,000 6.000 8,000 13.000 6.500 13,000 4,000s single wide 5,500 dbl wide 3,000 for MH 2,500 pull-thru) RV 25 3.000 Park Model RV 30 60 50 80 100 65 100 40 55 30 950 30 750 30 750/unit 30 450/unit 30 950 20 450/unit 30 14x60 20 28x60 N/A N/A 500sf 20 10 20 10 20 10 20 20 10 7.5 20 20 20 7.5 45% 45% 50** 40 40 50** 40 55% 45% 45% SECTION 3. BUSINESS IMPACT ESTIMATE. Pursuant to Section 166.041(4), Florida Statutes, the City is required to prepare a business impact estimate for certain proposed ordinances. This proposed ordinance amends the City's Unified Land Development Code as to certain performance criteria. Such an minor amendment to the City's Unified Land Development Code (1) serves a public purpose by serving the public health, safety, morals, and welfare oft the City, (2) has no direct negative economic impact on private, for-profit businesses in the city as it will be applied to all similarly situated applicants, (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge or fee or businesses for which businesses will be financially responsible, and (5) does not create any additional municipal regulatory cost which is not recovered appropriately and lawfully by the City. Thus, it is estimated that neither residents nor any business will incur additional costs. The City does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs 3 expected. The Business Impact Estimate form for this ordinance is on file with the City SECTION 4. CODIFICATION OF ORDINANCE. This Ordinance shall be codified int the Code of Ordinances of Polk City, Florida, and incorporated into the Unified Land Development Code which is a part thereof. A certified copy of this enacting ordinance shall be located in the Office oft the City Clerk of Polk City. The City Clerk shall also make Clerk. copies available to the public for a reasonable publication charge. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION6. CONFLICTING ORDINANCES AND RESOLUTIONS. All existing ordinances and resolutions of Polk City in conflict with this ordinance are repealed to the extent necessary to give this Ordinance full force and effect. SECTION7. EFFECTIVE DATE. This Ordinance shall become effective INTRODUCED AND PASSED on FIRST READING, this immediately upon its passage. day of 2024. POLK CITY, FLORIDA Joe LaCascia, Mayor APPROVED AS TO FORM AND CORRECTNESS ATTEST: Patricia Jackson, City Manager/Clerk Thomas A. Cloud, City Attorney PASSED ANDI DULY ADOPTED ON SECOND READING, with a quorum present and voting by the City Commission of Polk City, Florida meeting in Regular Session this day of 2024. Joe LaCascia, Mayor ATTEST: Patricia Jackson, City Manager/City Clerk 4 Business Impact Estimate This form should be included int the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on Polk City's website by the time notice oft the proposed ordinance is published. Proposed ordinance's title/reference: ORDINANCE NO. 2024-03 AN ORDINANCE OF POLK CITY, FLORIDA; AMENDING THE POLK CITY LAND DEVELOPMENT CODE BY AMENDING ARTICLE 2 - REGULATIONS FOR SPECIFIC DISTRICTS, SECTION2.04.01, "ZONING DISTRICT SUMMARY TABLES" TO CHANGE THE MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-1 SINGLE FAMILY ZONINGDISTRICT REDUCINGTHE MINIMUM REQUIRED LOT SIZE, LOT WIDTHANDSIDE YARD SETBACKS WITHIN THE POLK CITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means Polk City is of the view that a business impact estimate is not required by state law' for the proposed ordinance. If no boxes are checked, the Business Impact Estimate Requirements Section will be completed. Polk City may, in its own discretion, determine to perform a Business Impact Estimate for ordinances exempted per Florida Statutes. This Business Impact Estimate may be revised following its initial posting. REASON EXEMPTED FROM BUSINESS IMPACT ESTIMATE REQUIREMENTS The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the adoption of budgets or budget amendments, The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance regulation; The proposed ordinance relates to the issuance or refinancing of debt; including revenue sources necessary to fund the budget; accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or 1 The proposed ordinance is enacted to implement the following: a. Partll of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. districts; See Section 166.041/4)(c), Florida Statutes. 2 BUSINESS IMPACT ESTIMATE REQUIREMENTS Ina accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, Polk City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): There are three proposed text amendments to the Development Requirements for the R-1 Zoning District. Amending the required minimum lot size from 15,000 sf to 12,000 square feet. Amending the required minimum lot width requirement from 100 feet to 80 feet. Amending the required minimum side setback from 15 feet to 121 feet. These amendments are proposed to help lessen the non-conforming of existing lots within the Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impact estimate pursuant to S 166.041(4)(c), Florida Statutes, and determined (1) serves a public purpose by serving the public health, safety, morals, and welfare of the (2) has no direct negative economic impact on private, for-profit businesses in the city, (4) does not impose any new charge or fee or businesses for which businesses will be (5) does not create any additional municipal regulatory cost which is not recovered R-1 zoning district. that adoption of this ordinance: City, (3) will not result in direct compliance costs by businesses, financially responsible, appropriately and lawfully by the City. 2. Anestimate of the direct economic impact of the proposed ordinance on private, for- profit (a) Ane estimate of direct compliance costs that businesses may reasonably incur. (b) Any new charge or fee imposed by the proposed ordinance or for which (c) An estimate of Polk City's regulatory costs, including estimated revenues from any This change is for residential land uses only and will not affect any business. businesses in Polk City, if any: businesses will be financially responsible; and new charges or fees to cover such costs. 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed None, this change will only affect - land within the R-1, low-density residential, district. ordinance: 4. Additional information the governing body deems useful (if any): The proposed change will impact non-conforming lots by amending the required minimum lot size from 15,000sfto12,000: square feet and bring them into conformance with the Code. The number of non-conforming lots for lot size would be reduced from 43 percent to 7 percent. 4 19 25 CITY POLK CITY CITY COMMISSION TEXT AMENDMENT TO POLK CITY LAND DEVELOPMENT CODE MINIMUM DEVELOPMENT STANDARDS IN THE R-1 ZONING DISTRICT OVERVIEW April 16, 2024 TO: FROM: Polk City City Commission Central Florida Regional Planning Council SUBJECT: Text Amendment to the Land Development Code: City-initiated text amendment to the Polk City Land Development Code Article 2- Regulations for Specific Districts, Section 2.04.01 "Zoning District Summary Table" Table 5 to reduce the minimum lot size, lot width and side yard setbacks fort the R-1 Single Family Zoning District. This change reflects existing conditions of past development in the R-1 Zoning District. ORDINANCE NO. 2024-03 ANORDINANCEOF POLKCITY,FLORIDA: AMENDING THE POLKCITY LAND DEVELOPMENT CODE BY AMENDING ARTICLE 2 = REGULATIONS FOR SPECIFIC DISTRICTS, SECTION20401,ZONNC DISTRICT SUMMARY TABLES" TO CHANGE THE MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-1 SINGLE FAMILYZONING DISTRICT, REDUCING THE MINIMUM REQUIRED LOT SIZE, LOTWIDTH. AND SIDE YARD SETBACKS WITHIN THE POLKCITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. AGENDA DATE: Planning Commission Meeting: April 8, 2024, at 6:00 PM City Commission Meeting (First Reading): April 16, 2024, at 7:00 PM City Commission Meeting (Second Reading): May 21, 2024, at 7:00 PM POLK CITY PLANNING COMMISSION ACTION: Commission with recommendations of approval. CITY COMMISSION MOTION OPTIONS: 1. Approve Ordinance 2024-03 on First Reading 2. Approve Ordinance 2024-03 with changes on First Reading 3. Deny Ordinance 2024-03 on First Reading On Monday, April 8, 2024, the Polk City Planning Commission voted unanimously to forward the proposed text amendments to the City's Land Development Code to the City ATTACHMENTS: Map: R-1 Properties in Polk City Exemption Area of Green Swamp Area of Map: R-1 Properties in Polk City Exemption Area of Green Swamp Area of Map: R-1 Properties in Polk City Exemption Area of Green Swamp Area of Critical State Concern Critical State Concern - Lot Area Less Than 15,000 SF Critical State Concern - Lot' Width Less Than 100 Feet OVERVIEW: City staff has identified the need for a City-initiated text amendment to the Polk City Land Development Code (LDC) to reduce inconsistencies between the R-1 Zoning District Minimum Development Standards and the lots developed in the R-1 Zoning District. Per Section 2.04.02.03(B) of the LDC, the purpose of the Single- Family (R-1) Zoning District is: Toestablish areas which are uniquely appropriate for low density residential neighborhoods with ample open space and outdoor living areas; and to establish development standards appropriate to ensure proper development and a low-density residential environment. As shown below, the R-1 Zoning District requires a minimum 15,000 square foot lot size with a minimum 100-foot lot width and 15' side yard setbacks. The R-1 Zoning District requirements are included in the table below. 2 Polk City Land Development Code - Table 5: Table ofl Development Standards Zone Max. Density Lot Size (units/a (sq.ft.) c) 2.5 Min. Min. Lot Width dwellin Min. Setbacks s.f. of (feet) Max. Max. Lot Bldg. Covg. Height (feet) gunit Front Rear Sides (%) (feet) R-1 15,000 100 1,200 30 20 15 45% 40 Staff performed an analysis of all parcels located within the R-1 zoning district within the Green Swamp Area of Critical State Concern Exemption Area to see how many parcels meet the minimum lot size requirement and the minimum lot width requirement. As shown on the attached map series, approximately- 43 percent oft the' lots do not meet the minimum 15,000 square foot lot size requirement and approximately 21 percent of the lots do not meet the minimum 100-foot lot size requirement. PROPOSED TEXT AMENDMENTS: There are three (3) proposed text amendments to the Development Requirements for the R-1 Zoning District. Amending the required minimum lot size from 15,000 square feet to 12,000 Amending the required minimum lot width requirement from 100 feet to 80 Amending the required minimum side setback from 15 feet to 12 feet. These amendments are proposed to help lessen the non-conformity of existing lots within The attached map series shows the impact to non-conforming lots by amending the required minimum lot size from 15,000 sf to 12,000 square feet. The number of non- conforming lots for lot size would be reduced from 43 percent to 7 percent. The attached map series shows the impact to non-conforming lots by amending the required minimum lot width from 100 feet to 80 feet. The number of non-conforming lots The amendment to the side yard setback requirement from 15 feet to 12 feet is proposed because the change is proportional to the change in lot width requirements. A 15-foot side setback requirement for a 100-foot-wide lot provides 70 percent of the property frontage in the building envelope. A1 12-foot side setback requirement for an 80-foot-wide lot provides 70 percent of the property frontage in the building envelope. square feet. feet. the R-1 zoning district. for lot width would be reduced from 21 percent to12 percent. 3 100 feet - 15 feet - 15 feet = 70 feet; 70 feet/100 feet = 70% front building envelope 80 feet- - 12 feet- 12 feet = 56 feet; 56 feet/80 feet = 70% front building envelope. The proposed amendments to the Land Development Code (LDC) are provided below. Text that is underlined is text to be added and text that is shown as strikeout is to be removed. Article 2 Regulations for Specific Districts 2.04.00 Establishment of Districts 2.04.01 Zoning District Summary Tables Table: 5-Table ofl Development Standards Max. Density Lot Size (units/a (sq.ft.) c) Min. Min. Lot Width dwellin (feet) 250 width 400 depth 150 100 80 75 75 80 Min. s.f. of (feet) Setbacks Max. Max. Lot Bldg. Covg. Height Zone g unit Front Rear Sides (%) (feet) AG-1 AG-2 R-1 R-2 R-3 R-4: SF Mobile] Home Duplex MF3+ R-5: SF MF 3+ units 10 MH: MHI Park MHI Park RVI Park RV Camp RV Camp 1/10 acres 10acres 1/1 acre lacre 2.5 3.67 4.65 8.7 40 30 1,200 30 1,000 30 950 30 750/unit 30 50 30 20 15 20 15 12 20 10 20 10 20 10 5% 30% 45% 45% 45% 45 (3s stories) 40 40 40 40 15,000 12.000 10,000 7,500SF 8,0001 Duplex 5.8 8.7 10 10 6,000 6.000 8,000 13,000 6,500 13,000 4,000s single wide 5,500 dbl wide 3,000f for MH 2,500 pull-thrul RV 25 3,000 Park Model RV 30 60 50 80 100 65 100 40 55 30 950 30 750 30 750/unit 30 450/unit 30 950 20 450/unit 30 14x60 28x60 N/A N/A 500sf 20 10 20 10 20 10 20 20 10 7.5 20 20 20 7.5 45% 45% 50** 40 55% 45% 45% 40 50** 40 10 10 10 10 10 20 ZONING MAP R-1 Properties - Exempt Zone - Area Less Than 15k Sq. Ft. FREDCT 2ND-ST- 1ST-ST 559) BARFIELD-RD- ASHLEX-RD Loke Agnes LARKSPURLN Legend R1 (Exempt)- Area <1 15k Parcel Boundaries Polk City Boundary Green Swamp Boundary Polk City Zoning R-1 Single Family Residential 0.1 0.2. Miles Clearwater Lake ZONING MAP R-1 Properties - Exempt Zone - Area Less Than 12k Sq. Ft. FREDCT 2ND-ST- IST-ST 659 BARFIELDRD- BAYBERRY-DR CRAPEMYRILELN, ASHLEY-RD Lake Ages CARKSPURLN Legend R1 (Exempt)- -Area <1 12k Parcel Boundaries Polk City Boundary Green Swamp Boundary Polk City Zoning R-1 Single Family Residential 0.1 0.2 Miles learvater Lake ZONING MAP R-1 Properties - Exempt Zone - Width Less Than 100 Ft. FREDCT 2ND-ST- IST-ST 559 BARFIELD-RD- BAYBE CRAPEMMRILELN ASHLEXRD Lake. Agnes CARKSPURIN Legend R1 (Exempt)- Width < 100ft. Parcel Boundaries Polk City Boundary Green Swamp Boundary Polk City Zoning R-1 Single Family Residential 0 Clearwaterl Lake 0.1 0.2 Miles 7 ZONING MAP R-1 Properties - Exempt Zone - Width Less Than 80 Ft. FREDCT 2ND-ST- IST-ST 559) BARFIELD-RD- BAYBERRY-DR CRAPEMMRILELNI ASHLEX-RD Lake. gnes LARKSPURLN Legend R1 (Exempt)- Width 80ft, Parcel Boundaries Polk City Boundary Green Swamp Boundary Polk City Zoning R-1 Single Family Residential 0 learvater Lake 0.1 0.2 Miles City Commission Meeting April 16, 2024 AGENDA ITEM #2: ORDINANCE 2024-04 = City-Initiated Text Amendment to the Land Development Code INFORMATION ONLY X ACTION REQUESTED ISSUE: ORDINANCE 2024-04 - AMENDING ARTICLE 2 - REGULATIONS FOR SPECIFIC DISTRICTS, SECTION 2.04.01, "ZONING DISTRICT SUMMARY TABLES" OF THE UNIFORM LAND DEVELOPMENT CODE; CHANGING MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-2 SINGLE FAMILY ZONING DISTRICT & REDUCING THE MINIMUM REQUIRED LOT SIZE WITHIN THE POLK CITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CODIFICATION AN EFFECTIVE DATE. First Reading ATTACHMENTS: Ordinance 2024-04 CFRPC Staff Report ANALYSIS: City staff has identified the need for a City-initiated text amendment to the Polk City Land Development Code (LDC) to reduce lot sizelarea inconsistencies between the R-2 Zoning District Minimum Development Standards and the lots developed in the R-2 Zoning District. See full CFRPC Staff Report On April 8, 2024, the Planning Commission voted to forward the proposed Text Amendments to the attached. City's Land Development Code to the City Commission for approval. Polk City's Business Impact Statement is attached. STAFF RECOMMENDATION: Approve Ordinance 2024-04 on First Reading. ORDINANCE 2024-04 AN ORDINANCE OF THE CITY COMMISSION OF POLK CITY, FLORIDA; AMENDING ARTICLE 2 - REGULATIONS FOR SPECIFIC DISTRICTS, SECTION 2.04.01, "ZONING DISTRICT SUMMARY TABLES" OF THE UNIFORM LAND DEVELOPMENT CODE; CHANGING MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-2 SINGLE FAMILY ZONING DISTRICT & REDUCING THE MINIMUM REQUIRED LOT SIZE WITHIN THE POLK CITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CODIFICATION AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF POLK SECTION1. COMMISSION FINDINGS ANDINTENT. In adopting this Ordinance and modifying the Polk City Code and the therein-incorporated Unified Land Development Code, the City Commission of Polk City, Florida, hereby makes the following findings: development regulations to guide the growth and development of the City. CITY, FLORIDA: (1) Section 163.3167(c), Florida Statutes, empowers the City to adopt land (2) The Act authorizes a local government desiring to revise its Unified Land (3) The City has prepared a text amendment to the Polk City Land Development Code to amend the development standards in Table 5 for the R-2 zoning district in the Polk City Green Swamp Exemption Area. The proposed amendments reduce the minimum lot size from 10,000 square feet to 9,000 square feet These amendments are proposed to lessen.noncontomites ofe existing lots within the R-2zoning district. The amendments will reduce the number of non-conforming lots due to lot size Development code to prepare and adopt amendments. from 17 percent to 4 percent. (4) Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impact estimate pursuant to S 166.041(4)(C), and determined that adoption of this ordinance: (a) serves a public purpose by serving the public health, safety, morals, and (b) has no direct negative economic impact on private, for-profit businesses in the (d) does not impose any new charge or fee or businesses for which businesses welfare of the City, city, (c) will not result in direct compliance costs by businesses, will be financially responsible, 1 (e) does not create any additional municipal regulatory cost which is not recovered (5) Pursuant to Section 163.3187, Florida Statutes, the City Commission held a meeting and hearing on this Unified Land Development Code change, with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings, including support documents. appropriately and lawfully by the City. (6) The meetings were advertised and held with due public notice, to obtain public comment; and having considered written and oral comments received during public hearings, find the changes necessary and appropriate to the needs of the City. SECTION 2. AMENDMENT TO ARTICLE 2 REGULATIONS FOR SPECIFIC DISTRICTS. Article 2, Section 2.04.01 Zoning District Summary Table is hereby Text that is underlined is text to be added and text that is shown as strikeout is to be amended to read as follows: removed. 2.04.00 Establishment of Districts 2.04.01 Zoning District Summary Tables Table 1-7 Table of] Development StandardsError. Bookmark not defined. 2 Max. Density Lot Size (units/ac) (sq.ft.) Min. Min. Lot Width (feet) 250 width 400 depth 150 100 75 75 80 Min. s.f. of (feet) dwelling unit Setbacks Max. Max. Lot Bldg. Covg. Height (%) (feet) 5% 45 (3.stories) 30% 40 45% 40 45% 40 45% 40 Zone Front Rear Sides 40 50 30 30 20 15 1,200 30 20 15 1,000 30 20 10 950 30 20 10 750/unit 30 20 10 AG-1 AG-2 R-1 R-2 R-3 R-4: SF Mobile Home Duplex MF3+ R-5: SF MF: 3+ units 10 MH: MHPark MHE Park RVPark RVC Camp RVC Camp 1/10 acres 10acres 1/1 acre Lacre 2.5 3.67 4.65 8.7 15,000 10,000 9.000 7,500S SF 8,000I Duplex 5.8 8.7 10 10 10 10 10 10 10 6,000 6.000 8,000 13,000 6.500 13,000 4,000 single wide 5,500 dbl wide 3,0001 for MH 2,500 pull-thru) RV 25 3.000 Park Model RV 30 60 50 80 100 65 100 40 55 30 950 30 750 30 750/unit 30 450/unit 30 950 20 450/unit 30 14x60 20 28x60 N/A N/A 500sf 20 10 20 10 20 10 20 20 10 7.5 20 20 20 7.5 45% 45% 50** 40 40 50** 40 55% 45% 45% SECTION 3. BUSINESS IMPACT ESTIMATE. Pursuant to Section 166.041(4), Florida Statutes, the City is required to prepare a business impact estimate for certain proposed ordinances. This proposed ordinance amends the City's Unified Land Development Code as to certain performance criteria. Such an minor amendment to the City's Unified Land Development Code (1) serves a public purpose by serving the public health, safety, morals, and welfare of the City, (2) has no direct negative economic impact on private, for-profit businesses in the city as it will be applied to all similarly situated applicants, (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge or fee or businesses for which businesses will be financially responsible, and (5) does not create any additional municipal regulatory cost which is not recovered appropriately and lawfully by the City. Thus, it is estimated that neither residents nor any business will incur additional costs. The City does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs 3 expected. The Business Impact Estimate form for this ordinance is on file with the City SECTION 4. CODIFICATION OF ORDINANCE. This Ordinance shall be codified in the Code of Ordinances of Polk City, Florida, and incorporated into the Unified Land Development Code which is a part thereof. A certified copy of this enacting ordinance shall be located ini the Office of the City Clerk of Polk City. The City Clerk shall also make Clerk. copies available to the public for a reasonable publication charge. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION6. CONFLICTING ORDINANCES AND RESOLUTIONS. All existing ordinances and resolutions of Polk City in conflict with this ordinance are repealed to the extent necessary to give this Ordinance full force and effect. SECTION7. EFFECTIVE DATE. This Ordinance shall become effective INTRODUCED AND PASSED on FIRST READING, this immediately upon its passage. day of 2024. POLK CITY, FLORIDA Joe LaCascia, Mayor APPROVED AS TO FORM AND CORRECTNESS ATTEST: Patricia Jackson, City Manager/Clerk Thomas A. Cloud, City Attorney PASSED AND DULY. ADOPTED ON SECOND READING, with a quorum present and voting by the City Commission of Polk City, Florida meeting in Regular Session this day of 2024. Joe LaCascia, Mayor ATTEST: Patricia Jackson, City Manager/City Clerk 4 Business Impact Estimate This form should be included int the agenda packet for the item under which the proposed ordinance ist to be considered and must be posted on Polk City's website by the time notice oft the proposed ordinance is published. Proposed ordinance's title/reference: ORDINANCE NO. 2024-04 AN ORDINANCE OF POLK CITY, FLORIDA; AMENDING THE POLK CITY LAND DEVELOPMENT CODE BY AMENDING ARTICLE 2 - REGULATIONS FOR SPECIFIC DISTRICTS, SECTION 2.04.01, "ZONING DISTRICT SUMMARY TABLES" TO CHANGE THE MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-2 SINGLE FAMILY ZONING DISTRICT REDUCING THE MINIMUM REQUIRED LOT SIZE WITHIN THE POLK CITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means Polk City is of the view that a business impact estimate is not required by state law! for the proposed ordinance. If no boxes are checked, the Business Impact Estimate Requirements Section will be completed. Polk City may, in its own discretion, determine to perform a Business Impact Estimate for ordinances exempted per Florida Statutes. This Business Impact Estimate may be revised following its initial posting. REASON EXEMPTED FROM BUSINESS IMPACT ESTIMATE REQUIREMENTS The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the adoption of budgets or budget amendments, The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance regulation; The proposed ordinance relates to the issuance orre refinancing of debt; including revenue sources necessary to fund the budget; accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: a. Partllof Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. districts; See Section 166.041(4)(c), Florida Statutes. 2 BUSINESS IMPACT ESTIMATE REQUIREMENTS Ina accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, Polk City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): There is one proposed text amendment to the Development Requirement for the R-2 Zoning District. Amending the required minimum lot size from 10,000 sfto 9,000 square feet. This amendment is proposed to help lessent the non-conformity of existing lots within the R-2 zoning district. Although exempt under the statute, the City has nevertheless ini its sole discretion performed a business impact estimate pursuant to S 166.041(4)(C), Florida Statutes, and determined (1) serves a public purpose by serving the public health, safety, morals, and welfare of the (2) has no direct negative economic impact on private, for-profit businesses in the city, (4) does not impose any new charge or fee or businesses for which businesses will be (5) does not create any additional municipal regulatory cost which is not recovered that adoption of this ordinance: City, (3) will not result in direct compliance costs by businesses, financially responsible, appropriately and lawfully by the City. 2. Anestimate of the direct economic impact of the proposed ordinance on private, for- profit (a) Ane estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which (c) An estimate of Polk City's regulatory costs, including estimated revenues from any This change is for residential land uses only and will not affect any business. businesses in Polk City, if any: businesses will be financially responsible; and new charges or fees to cover such costs. 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed None, this change will only affect land within the R-2, low-density residential, district. ordinance: 4. Additional information the governing body deems useful (if any): The proposed change will impact the non-conforming lots by amending the required minimum lot size from 10,000 sf to 9,000 square feet and bring them into conformance with the Code. The number ofnon-conforming' lots forl lot size would be reduced from 17 percent to 4 percent. 4 19 25 E CITY FLO POLK CITY CITY COMMISSION TEXT AMENDMENT TO POLK CITY LAND DEVELOPMENT CODE CONCERNING DEVELOPMENT STANDARDS IN THE R-2ZONING DISTRICT OVERVIEW April 16,2 2024 TO: FROM: Polk City City Commission Central Florida Regional Planning Council SUBJECT: Text Amendment to the Land Development Code: City-initiated text amendment to Section 2.04.01 of the Polk City Land Development Code to amend the development standards in Table 5 for the R-2 zoning district in the Polk City Green Swamp Exemption Area. ORDINANCE NO. 2024-04 AN ORDINANCE OF POLK CITY, FLORIDA; AMENDING THE POLK CITY LAND DEVELOPMENT CODE BY AMENDING ARTICLE 2 - REGULATIONS FOR SPECIFIC DISTRICTS, SECTION 2.04.01, "ZONING DISTRICT SUMMARY TABLES" TO CHANGE THE MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-2 SINGLE FAMILY ZONING DISTRICT, REDUCING THE MINIMUM REQUIRED LOT SIZE WITHIN THE POLKCITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. AGENDA DATE: Planning Commission Meeting: April 8, 2024 at 6:00 PM City Commission Meeting (First Reading): April 16, 2024 at' 7:00 PM City Commission Meeting (Second Reading): May 21, 2024 at 7:00 PM POLK CITY PLANNING COMMISSION ACTION: Commission with recommendations of approval. CITY COMMISSION MOTION OPTIONS: 1. Approve Ordinance 2024-04 on First Reading 2. Approve Ordinance 2024-04 with changes on First Reading 3. Deny Ordinance 2024-04 on First Reading On Monday, April 8, 2024, the Polk City Planning Commission voted unanimously to forward the proposed text amendments to the City's Land Development Code to the City ATTACHMENTS: Map: R-2 Properties in the Polk City Exemption Area of Green Swamp Area of Critical State Concern - Lot Area Less Than 10,000 SF Map: R-2 Properties in the Polk City Exemption Area of Green Swamp Area of Critical State Concern - Lot Area Less Than 9,000 SF Map: R-2 Properties in the Polk City Exemption Area of Green Swamp Area of Critical State Concern - Lot' Width Less Than 75 Feet OVERVIEW: City staff has identified the need for a City-initiated text amendment to the Polk City Land Development Code (LDC)toreduce! lot sizelarea inconsistencies between the R-2 Zoning District Minimum Development Standards and the lots developed in the R-2 Zoning Per Section 2.04.02.04(B) of the Land Development Code, the purpose of the Single- District Family (R-2) zoning district is: To locate and establish areas appropriate for moderately low density residential neighborhoods, at a density slightly higher than the R-1 district and with ample open space; and to establish such standards as are appropriate to ensure proper development in a low density residential environment. As shown below, the R-2 Zoning District requires a minimum 10,000 square foot lot size with a minimum 75-foot lot width. The R-2 Zoning District requirements are included in the table below. Table of Development Standards Zone Max. Density Lot Size (units/a (sq.ft.) c) 3.67 Min. Min. Lot Width dwellin (feet) 75 Min. Setbacks s.f. of (feet) Max. Max. Lot Bldg. Covg. Height g unit Front Rear Sides (%) (feet) 1,000 30 20 10 45% 40 R-2 10,000 2 Staff performed an analysis of all parcels located within the R-2 zoning district within the Green Swamp Area of Critical State Concern Exemption Area to see how many parcels meet the minimum lot size requirement and the minimum lot width requirement. As shown ont the attached map series, approximately 17 percent of the lots donotr meet the minimum 10,000 square foot lot size requirement and approximately 2 percent of the lots do not meet the minimum 75-foot lot size requirement. PROPOSED TEXT AMENDMENTS: There is one (1) proposed text amendment to the Development Requirement for the R-2 Zoning District. Amending the required minimum lot size from 10,000 square feet to 9,000 square feet. This amendment is proposed to help lessen the non-conformity of existing lots within the The attached map series shows the impact to non-conforming lots by amending the required minimum lot size from 10,000sfto9,000: sf. The number ofr non-conforming lots Since approximately two percent of the lots are non-conforming for lot width, an The proposed amendments to the Land Development Code (LDC) are provided below. Text that is underlined is text to be added and text that is shown as strikeout is to be R-2 zoning district. for lot size would be reduced from 17 percent to 4 percent. amendment to the lot width requirement is not proposed. removed. Article 2 Regulations for Specific Districts 2.04.00 Establishment of Districts 2.04.01 Zoning District Summary Tables Table 5-' Table of] Development Standards 3 Max. Density Lot! Size (units/a (sq.ft.) c) Min. Min. Lot Width dwellin (feet) 250 width 400 depth 150 100 75 75 80 Min. Setbacks s.f. of (feet) Max. Max. Lot Bldg. Covg. Height Zone g unit Front Rear Sides (%) (feet) AG-1 AG-2 R-1 R-2 R-3 R-4: SF Mobile Home Duplex MF3+ R-5: SF MF3+ units 10 MH: MHF Park MHPark RVPark RVC Camp RV Camp 1/10 acres 10a acres 1/1 acre lacre 2.5 3.67 4.65 8.7 40 30 1,200 30 1,000 30 950 30 750/unit 30 50 30 20 15 20 15 20 10 20 10 20 10 5% 30% 45% 45% 45% 45 (3s stories) 40 40 40 40 15,000 10,000 9.000 7,500SF 8,0001 Duplex 5.8 8.7 10 10 6,000 6.000 8,000 13,000 6.500 13,000 4,000 single wide 5,500 dbl wide 3,000 for MH 2,500 pull-thru! RV 25 3,000 Park Model RV 30 60 50 80 100 65 100 40 55 30 950 30 750 30 750/unit 30 450/unit 30 950 20 450/unit 30 14x60 20 28x60 N/A N/A 500sf 20 10 20 10 20 10 20 20 10 7.5 20 20 20 7.5 45% 45% 50** 40 40 50** 40 55% 45% 45% 10 10 10 10 10 ZONING MAP R-2 Properties - Exempt Zone - Area Less Than 10k Sq. Ft. 4TH-ST 3RD-ST 2NDST 1ST-ST COWVOMWEALTYAVESN. 559 BARFELD.RD BAYBERRY-OR- CRAPEMYRILEIN -IU U SGOMIGS MARKLEN-LOOP Lake Agnes LARKSPUR.IN. Legend R2( (Exempt)- Area <1 Than 10K) Parcel Boundaries Polk City Boundary Green Swamp Boundary Polk City Zoning R-2 Single Family Residential cOarwayak0.1 0.2 r Miles ZONING MAP R-2 Properties - Exempt Zone - Area Less Than 9k Sq. Ft. ATH-ST 3RD-ST 2NDST 1ST-ST COMPOMWEAITHAVESN. 559 BARFELDRD BAYBERRY-DR CRAPEMYRILEN ASHLEXRD- Lake Agnes ASGOMIGHS MARKLENLOOP CARKSPURIN Legend R2( (Exempt)- Area < Than 9k) Parcel Boundaries Polk City Boundary Green Swamp Boundary Polk City Zoning R-2 Single Family Residential cDarwaeyak0.1 0.2 Miles ZONING MAP R-2 Properties - Exempt Zone - Width Less Than 75 Ft. 4TH-ST SRD-ST 2NO-S 1STST POMMDWEALTHAVESW. EDCT 559 BARRELDRD BAMBERRY-DR- CRAPEMMRILELN ASHLEXRD- lakeignes LARKSPURIN Legend MARKLEN-LOOP R2( (Exempt)- Width <7 75ft, Parcel Boundaries Polk City Boundary Green Swamp Boundary Polk City Zoning R-2 Single Family Residential 0.1 0.2. Miles 7 City Commission Meeting April 16, 2024 AGENDA ITEM #3: RESOLUTION 2024-03 - CONDITIONAL USE PERMIT INFORMATION ONLY X ACTION REQUESTED ISSUE: Blvd. ATTACHMENT: Resolution 2024-03 ANALYSIS: Applicant has requested renewal of a conditional use permit to allow a special events facility at 545 Orange The applicant meets the requirements for a Special Events Facility in the R-2 Zoning District. The Planning Commission voted during the March 11, 2024 Meeting to recommend approval of the conditional use permit with conditions listed in exhibit "C". STAFF RECOMMENDATION: Adopt Resolution 2024-03 RESOLUTION 2024-03 A RESOLUTION OF THE CITY COMMISSION OF POLK CITY, FLORIDA; APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR A SPECIAL EVENTS FACILITY ON APPROXIMATELY 2.5 ACRES AT 545 ORANGE BOULEVARD (PARCEL D2328132850.050203 PROVIDING CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR WHEREAS, On Monday, July 29, 2019, the City Commission of Polk City approved Resolution 2019-03 for a special event facility at 545 Orange Boulevard with conditions. The CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution included an expiration of permit date of June 22, 2022; and WHEREAS, Gary Ho Shing, (hereinafter referred to as the Applicant') has requested a renewal ofac conditional use permit to allow a special events facility 545 Orange Boulevard (Parcel ID#2 252833296500.045020; and WHEREAS, the property is owned by Gary Ho Shing; and WHEREAS, the property is located in the R-2 (Single Family) Residential District; and WHEREAS, special events facilities are a permitted use if approved as a conditional use in WHEREAS, the Polk City Planning Commission, acting as the designated Local Planning Agency, has reviewed the Conditional Use Permit application, held an advertised public hearing, provided for participation by the public in the process, and rendered its recommendations to the the R-2 zoning district; and City Commission; and WHEREAS, the City Commission has reviewed the Conditional Usel Permit application, held ana advertised public hearing, and provided for comments and public participationi int the process in accordance with the requirements ofs state law and the procedures adopted for publicparticipation in the planning process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF POLK CITY, Section 1. Findings. The Commission hereby declares that the foregoing findings aret true Section 2. Conditional Use Permit; Conditions of Approval. The application for a Conditional Use Permit to allow a special events facility at 545 Orange Boulevard (Parcel ID # 25263329650.0450292 as shown on the location map provided as Exhibit "A" is approved subject to compliance with the site plan provided as Exhibit' "B" attached to and incorporated int this Resolution, the conditions of approval provided in Exhibit' "C" attached to and incorporated in this Resolution, and the Event Management Plan provided in Exhibit "D"a attached to and incorporated in this Resolution, and the overflow parking agreement provided in Exhibit "E" attached to and FLORIDA: and correct, incorporated herein by reference, and made a part of this Resolution. incorporated in this Resolution. Section3 3. ExpirationofPermit. This conditional use permit shall expire three years from the effective date of this Resolution. Should the use change to a use permitted in the zoning district that is not the use approved by the conditional use permit, and remain so for 180 days or more, than this conditional use permit shall expire, and a new application will be required to reestablish any Conditional Use Approval use. Section 4. Effective Date. This Resolution shall become effective immediately upon its INTRODUCED, PASSED AND DULY ADOPTED, by the City Commission of Polk City, Florida, passage. meeting in Regular Session on this 16th day of April 2024. POLK CITY Joe LaCascia, Mayor ATTEST: Approved as to form and correctness Patricia R. Jackson, City Manager/Clerk Thomas A. Cloud, City Attorney POLK CITY RESOLUTION 2024-03 EXHBIT "A" LOCATION MAP Pagelof1 POLKCITY AERIAL MAP GARYHOSHING Owner Gary! Ho Shing Parcell ID: 2526.352.9.0.04500 Area: 2.00 acres Legend ad Pral C ntary POLK CITY RESOLUTION 2024-03 EXHIBIT "B" SITE PLAN Page 1of2 - 04 POLK CITY RESOLUTION 2024-03 EXHIBIT "B" SITE PLAN Page 2of2 1 % * % 30f+ no % XXXX % *X SX Xehees halss X TREES x XK XXXX *xX X * X x XXXX xXx * XXXx X chvrly WAUII 12 PARK SPOTS S1f€ 9564 REST Room BARN 34+ OKGANIZERS. VENDORS HOUSE POLK CITY RESOLUTION 2024-03 EXHIBIT "C" CONDITIONS OF APPROVAL Pagelof2 The following are conditions of approval for the proposed use. 1) This special event facility shall allow private events on the site. A private event means a social gathering or event attended by invited guests who share a common cause, membership, business or task and have a prior established relationship. For purposes of this definition, advertisement for general publicattendance or sales ofticketst to the general public shall not constitute aj private event. These events serve various purposes, such as celebrations, commemorations, or corporate functions. There shall be no more than 12 events per calendar year held or conducted on the property. The applicant may request a modification of these conditions to permit an increase in the number of events. City staff will provide a history of events and any information pertaining to complaints/comments received to assist thel Planning Commission: and City Commission inc deciding 2) on an increase in events. 3) The applicant shall notify the City of an event at least 15 days prior to the event via the event notification form. The site includes a private residence. The applicant will notify the city of personal events that will generate parking impacts or include amplified outdoor music. 4) There shall be a minimum of two (2) hours between events to limit the potential off-site traffic 5) Hoursofoperation: shall bel limited to 10:00a.m. to 10:30 p.m. Hours ofoperation include the event, setup, and take down. Event setup and take down may occur the day before or after the event. congestion. 6) 7) Outdoor music may be played between 10:00 a.m. and 10:00 p.m. There shall bei no permanent alcohol ori retail sales as part ofthis conditional use permit. Events may include on-site alcohol consumption for event participants (open bar or cashl bar) via al licensed and insured bartending company. Ar maximum oftwo licensed and insured food trucks may be utilized Events held onsite must be consistent with the event management plan included in Exhibit "D". Should this plan need to be changed or modified for any reason, Polk City staff shall review and approve any changes or modifications in writing prior to any changes or modifications being onsite for catering services for the private event. 8) commenced or enacted. north and south property lines. 9) Ass shown on the attached site plan, all special events willl be set back ai minimum of301 feet from the 10) As shown on the attached site plan, the applicant shall install and maintain a buffer along the property line of545 Orange Blvd and 525 Orange Blvd. Thisl buffer shall include 921 feet of6-foot- tall opaque fence and 138 feet oflandscaping consisting oftreest that a are: ai minimum of6-feet tall. POLK CITY RESOLUTION 2024-03 EXHIBIT "C" CONDITIONS OF APPROVAL Page 2 of2 11) Parking within the public right-of-way is] prohibited. 12) The applicant shall provide adequate parking to meet the present and future demands ofthe use and overflow parking designated and maintained for peak season events sO as toj prevent parking from encroaching upon public thoroughfares. Prior to final City Staff permitting, the applicant shall provide a signed and notarized parking agreement toj provide accommodation ofoverflow parking. 13) Lighting to illuminate buildings, stages, open areas, or advertising shall be designed SO as to shine only on the subject property and shall be directed away from any public street or residential area. 14) This special events facility shall be subject to applicable performance standards provided in section 15) Thisc conditional use shall expire on the date includedi in thee expiration date section ofthel Resolution. 3.06.00 oft the Polk City Land Development Code. POLK CITY RESOLUTION2024-03 EXHIBIT "D" Page 1of3 SERENDIPITY SPACEI EVENT CENTER EVENT MANAGEMENT PLAN THE SERENDIPITYSPACE EVENT! MANAGEMENT PLAN CONTACT:GARYI HO SHING 407 3752733 deprodicienseacicem EMERGENCYDIAL9I1 POUCE 8639655555 FIRE DEPT8639656379 Inc case ofaf fire emergency, all guests will be ushered out of1 the venue in: an orderly fashion and set back at least 2001 feet from thet facilities. Therei isat fire extinguisher in the catering portion oft the galley. Management and event planners/coordinators are: aware ofi its location and readily accessible The Serendipity Space may be open from 10a to 10p Sun through Sat. The venue will only be open when therei is ane event taking place. All amplified music and events must condudel by 10p on any night oft the week. Vendors and customers/dlients have until 1030p to dean up: aftert their event. inc case ofaf fire emergency. PARKING Additional parking: arear mayl hold upi to 12 vehicles. The great lawn has at total of 29 parking spots; 2ofv which willl be designated for handicap spaces. Event organser/vendorati: will park: at the main! house parking at 545 Orange Blvd. That parking The owners of Stella and Col located at 315 Broadway Blvd SEF Polk City, FL 338681 has agreed to allow guests of1 The Serendipity Space to utiize their parking facilityi ifr needed for overflow parking. Notarized: agreement betwween both parties induded. Al luxuryl limo vans such as a Sprinter willl be utilized tol bring guests overi from the overflow parking area. POLK CITY RESOLUTION: 2024-03 EXHIBIT "D" Page 20 of3 SERENDIPITY SPACE: EVENT CENTER EVENT MANAGEMENT PLAN RULES &F REGULATIONS: Thef following shall be upheldb byo customers/clients, event planners/cordinators: and vendors whoa are involved int thep planninga ande execution oft the: special event ont the premises oft The Serendipity Space. USE OFI PROPERTY: ordinance. Max capacityi is 100 guests. areas. SMOKING: Great lawn, Open PoleE Barna and Bathroom Building Amplified music offt by: 10pa and alle events conclude by 10p. Thisi isi ina accordance with the city'sr noise Event amerCondnato/ReNtes are responsible fors set up, breako down and final cleanup ofa all Ally vehicles associated witht thee eventr must bep parked within thep parkinga area. Vendors andg guestsr must smoke onlyi int the designated: smoking area. Allo cigarettel butts must! be disposed ofint the cigarette! butts planter provided. REHEARSALS: Wedding rehearsals may! bes scheduled the day prior tot thea actual wedding. This rehearsal willr not be considereda a separate event buta ap part oft thev wedding event. PETS: Trained dogs and cats are welcome. No other pets other than dogs or cats mayb be onp property- Ifa petis present, itist thes sole responsibility oft that pet's owner tok keept that pet safe and under controla as well as keeping guests, staff and vendors safe fromt that pet asv well. The Serendipity: Spacei is not responsible for anyone's pet ort thel behavior ofa anyone's pet. Ifani incident weret too occur betweena a pet anda a person ord objecti itist the responsibility oft thatp pet's ownert tor rectifyt that situationa andr make that person or object whole asi it once was prior tot thes situation witht the; pet. VENDORF POLICY: The Serendipity! Spacei is not responsible for outside vendor'ss services. Please review allv vendors' agreements individually. Ifyoul have selecteda a vendor thati is not ond ourp preferred vendors list, please have your vendor contact usf for our vendor policies andr requirements. POLK CITY RESOLUTION 2024-03 EXHIBIT "D" Page 3 of3 SERENDIPITY SPACE: EVENT CENTER: EVENT MANAGEMENT PLAN Alcohol: Ifalcoholi is beings serveda and consumed, the customerts/dlientts) is/are responsible for and must abide bya allo city, countyz and state alcoholic beverage controll laws andr regulations. The Serendipity Space, it's owner ors staffi isr not responsiblet fora a customer/client or their guests inr regardst toz alcohol ont the Customer or client will purchase alcohol from Tuckefsoflakeland. Ali licensed andi insured! bartender from Tucke'soflakelandr willl bring and serve alcohol. The bartender has ther right tor not: serve an individual ift they feel that person! has consumed enough alcohol. Last calli is 30 minutes prior tot the conclusion ofa ane event. Alcohol mayr not bes servedt tor minors. Illegal substances are nota allowed ata any time ont the premises. Drunken violent disturbances are prohibited and: subject toi immediate removal propertyo or after departing from ane event att the property. from the premises and possiblet termination ofe event without refund. POLK CITY RESOLUTION 2024-03 OFF-SITE OVERFLOW PARKING AGREEMENT EXHIBIT "D" Page 10 of1 aE315 Thod dacmmentiy berweenthec owners Kyleands Styphane Thompsona of The Stellas undcosilon! localed "roadway Aivdscr POlk: y, HL3 31868. andr thes ownurd Gary HoShingotT Thes Serendipity located. J15 545Orange Bivif Polk Cty, FL 1380H. westelba Kyle ands andcoford Stephanie Thompsong RIV Gary! Hos Shing overflow parkingi nerded fors events heldar Ihes Serendipity Spiice, fors events kuests tos utinze their parkinglot the Canceliation ogreement. ofthis agreementv willbein wnting ands signedb byb bothp partiesif eitherp partyy were tocancel Signaturea andD Date_ Signaturea and Date. 2/3/24 2/97244 State OfFLORIDA Countyo of Polk Thet foregoing instrument was acknowledged before meb by means of physical presence or online notarization, this 8 _day of_ february 204b DyBary who is personally knownt ton mec or produced Skphani Thompson asi HShrns identification: who is personally knownt to me or produceda andt by a Blhehy notaryp publics signature RoberaEhks notary publicy printedr name asi identification. Notary Publles Statoo ofFlorida Roberte Ehlers Myo Commission HH2A2567 Expires 7/25/2020 City Commission Meeting April 16, 2024 AGENDA ITEM #4: Agreement to Provide a Utility Rate and Capital Connection Charge Study for Polk City INFORMATION ONLY X ACTION REQUESTED ISSUE: Agreement to provide a Utility Rate and Capital Connection Charge Study for Polk City ATTACHMENT: Agreement with Raftelis ANALYSIS: Polk City is a member of the Polk Regional Water Co-operative for alternative drinking water. A comprehensive Utility Rate and Capital Connection Charge needs to be done. The Rate Study will include a financial forecast that will begin with the current budget year and estimate the water and wastewater systems' financial operations over the next five-year period beginning with the fiscal year Polk City's water and sewer rates have not changed since 2011, and the Capital Connection Charges have not been addressed since 2011. It is imperative this study be done regarding the City's future The primary responsibilities of Raftelis Financial Consultants, Inc. (Raftelis) will be to assist Polk City with: 1) the development of a five-year financial forecast to review the sufficiency of water and wastewater utility rates; 2) the evaluation oft the water and wastewater capital connection charges; and 3) the review of selected miscellaneous service charges and/or policies. Based on understanding the needs of Polk City, Raftelis has submitted the attached proposal, which will provide rate and financial consulting services on behalf of Polk City's water and wastewater utility systems (the "System") as well September 30, 2024. Please see attached Agreement and Exhibit for full details. and current utilities. as a detailed discussion of the proposed Scope of Services as shown in Exhibit A. STAFF RECOMMENDATION: Connection Charge Study Approve the Raftelis Financial Consultants, Inc. Agreement to provide Utility Rate and Capital RAFTELIS April 8, 2024 Ms. Patricia Jackson City Manager Polk City 123 Broadway Blvd SE Polk City, FL 33868 Subject: Agreement to Provide a Utility Rate and Capital Connection Charge Study for Polk City Dear Ms. Jackson, As you requested, Raftelis Financial Consultants, Inc. (Raftelis) is pleased to submit this proposal to Polk City, Florida (the "City") to provide rate and financial consulting services on behalf of the City's water and wastewater utility systems (the "System"). The primary responsibilities of] Raftelis willl be to assist the City with: i) the development ofaf five- year financial forecast to: review the sufficiency of water and wastewater utility rates; ii) the evaluation of the water and wastewater capital connection charges; and ini) the review of selected miscellaneous service charges and/or policies. Based on our understanding of the needs of the City, we submit this proposal for your consideration, which includes a detailed discussion oft the proposed Scope of Services as shown in Exhibit A. GENERAL CONTRACT1 TERMS The contract terms regarding the project budget and scope, hourly rates for billing purposes, and other contract terms and conditions will be as set forth in the Water, Sewer, Reclaimed Water, and Miscellaneous Fees Rate Study Contract (Charlotte County Contract No. 2023000004) as executed and adopted between Raftelis Financial Consultants, Inc. and Charlotte County, Florida on May 22, 2023. A copy ofthe hourly direct labor rates for billing purposes as contained in the Water, Sewer, Reclaimed Water, and Miscellaneous Fees-] Rate Study Contract (Charlotte County Contract No. 2023000004) is included in Exhibit B to this proposal. PROJECT TEAM AND BILLING RATES With respect to the performance of this engagement, Murray Hamilton will be the project director, while Trevor McCarthy will be the project manager and primary contact with the City. Other analysts and administrative personnel will be utilized during the course of the engagement as needed. Exhibit B summarizes the direct labor hourly billing rates relative to this engagement which is made part ofthis proposal. 341. Maidand Asenue. Suite 300 Mairland. FL32751 www.raftelis.cam €m OF POLK CITI: UTILITY RATE ANDCAPITALC CONNECTIOV CHARGESTODY SCOPE OF SERVICES The scope ofs services tol bej performed by Raftelis is included on Exhibit A. COMPENSATION AND BILLING Based on the Scope of Services as summarized in Exhibit A and the direct labor billing rates asi identified on Exhibit B, we propose to establish a maximum not-to-exceed contract fort the project in the amount of $77,800. The proposed budget is summarized in Exhibit C, which includes the direct cost of personnel anticipated tol be assigned to conduct the various tasks of the project by Raftelis as well as an allowance for other direct expenses such as travel, telephone, and delivery charges. The costs incurred by Raftelis for such other direct costs, if any, willl bel billed1 based on the actual expenses. Iti is proposed that Raftelis wouldl bill monthly for services relative to this engagement based on the sum of: i) the hourly amount of time spent by the project team members; and, ii) the other direct costs incurred to provide the financial consulting service per Exhibit B. It is not anticipated that any subconsultants would be required to assist Raftelis in the completion oft the project. MUNICIPAL ADVISOR DISCLOSURE As a registered Municipal Advisor under the Dodd-Frank Act, Raftelis is required to inform our clients of any existing or potential conflicts of interest that may be relevant to any proposed scope ofs services that may include providing "advice" as that term is definedi in the Dodd-Frank Act. As of the date of this engagement letter, no conflicts ofinterest are known Under the Dodd-Frank Act the definition of "advice" includes providing any opinion, information or assumptions related to the size, timing and terms ofpossible future debt issues or borrowing. This type of information may be integrated into the capital and financial planning components of a rate model update. This definition is applicable regardless of whether this information is developed and used solely for planning and decision-making purposes. For the services addressed in the scope of work identified for this engagement, any information that is developed by Raftelis that falls under this definition of municipal advice is not intended to represent a recommendation that the City should issue debt based on the terms and assumptions used to develop the financial plan or forecast, or that the City will, in fact, be able to issue debt under the exact terms and conditions assumed and used to develop the financial plan or forecast. The information developed as part of this rate model update, including any related municipal advice, is intended only to provide information useful in evaluating the potential impact on the utility and future rate adjustments of one potential course of action for the City. Ifthe City decides at some future date to issue debt, then at that time the City will need to engage an independent, registered Financial Advisor to assist in evaluating the availability of different types ofdebt, and the specific terms and conditions for issuing debt, which will be affected by market conditions and the City's credit rating at the time ofi issuance. At that time, as a registered Municipal Advisor, Raftelis can also provide additional assistance related to a specific bond or debt issue, such as preparing a bond toexist. CITI OF rOLKCID:run RATE WICAPITALCONNEC TION CHARGESTUDY: feasibility report or financial forecast for inclusion in bond documents, without requiring Bys signing this engagement letteri indicating its approval and acceptance ofthe proposed scope of work and fees, the City is also explicitly acknowledging that Raftelis has provided the necessary disclosures addressing conflicts of interest and any limitations on the scope of Municipal Advisory services to be provided by Raftelis as part ofthis engagement. The Municipal Securities Rulemaking Board (MSRB) provides significant protections for municipal entities and obligated persons that are clients ofai municipal advisor. Tounderstand the protections provided and howt toi file a complaint with an appropriate regulatory authority, additional oversight or supervision by the Financial Advisor. visit the MSRB web site at www.msrb.org. PROJECT SCHEDULE Upon notification toj proceed as provided by the City, Raftelis will complete the evaluation of utility rates and capital connection charges within 180 days. The completion oft the study is subject to the availability of information provided to Raftelis from the City that would be necessary to conduct the evaluations. Based on preliminary discussions with City staff, we anticipate implememingrcommendad rates, fees, and charges on or about January 1,2 2025. Standard terms and conditions, that are made part of this agreement, are outlined in the Water, Sewer, Reclaimed Water, and Miscellaneous Fees - Rate Study Contract (Charlotte County Contract No. 2023000004) as executed and adopted between Raftelis Financial Ifthis agreement is acceptable to you, please execute the proposal and send a signed digital copy to us. Wea appreciate the opportunity toj provide utility rate consulting services to Polk TERMS AND CONDITIONS Consultants, Inc. and Martin County, Florida on May 22, 2023. City. Very truly yours, ACCEPTED BY: Polk City, Florida Raftelis Financial Consultants, Inc. Murray M. Hamilton, Jr. Vice President Name Title Date Attachments EXHIBIT. A POLK CITY, FLORIDA UTILITY RATE. AND CAPITAL CONNECTION CHARGE STUDY SCOPE OF SERVICES The following sections outline the scope of service to be performed by Raftelis Financial Consultants, Inc. (Raftelis) as it relates to the preparation of a water and wastewater user rate and capital connection charge study (the "Rate Study") for Polk City (the "City"). The Rate Study will include a financial forecast that will begin with the current budget year and estimate the water and wastewater systems' financial operations over the next five-year period beginning with the fiscal year ending September 30, 2024. Thea activities associated with 1. Data Request and Data Gathering Raftelis will prepare a written data request for the collection of financial, customer billing, operating, engineering, and planning data necessary to conduct the rate and capital connection charge study. Information requested will include, but is not limited to, financial statements, existing rate schedules, operating budgets and capital work plans, existing debt service schedules, summaries of fixed assets including utility planti investment, detailed accounting records, cost estimates and detailed customer billing data. The initial data request will be as comprehensive as possible; however, based on review the City's initial response, it is contemplated that follow-up data requests may be: required during the course oft the study. This task will also include attendance ofa kick-off meeting tol be held virtually, if necessary, to confirm study goals and objectives, establish a project schedule, and review the study's data requirements. 2. Identification ofFiscal Policies and Objectives - This task will include the review of existing City Ordinances, financial policies, and loan agreements associated with outstandingl loan obligations. Based on this review, Raftelis will identify goals related to financial performance indicators, capital funding practices, and reserve fund policies to provide 3. Customer and Sales Forecast = Raftelis will prepare a five-year forecast of customer and usage requirements based on detailed customer accounting information provided by the City for the water and wastewater systems. This task will include a review of historical customer and usage statistics by rate classification and development of a forecast of customers and sales based on the best available information about future growth. This task also includes preparing a profile ofbilling determinants for a historical "Test Year" and the projected period included in the financial forecast. The profile ofbilling statistics will consider existing customer classes and rate schedules and reflect appropriate rate structure criteria. The task will involve the development of bill frequency reports based on detailed billing records and the reporting capabilities oft the City's billing system. The first step of this task will be to work with City staff to specify the billing data to be the Rate Study are summarized below by major task: financial guidelines and support for the rate and fee setting process. A-1 provided. Oncei the customer and usage data and reports are provided it willl be assembled 4. Development of Water and Wastewater Customer Billing Profle = Based on the detailed water and wastewater customer billing statistics, Raftelis will perform an analysis of customers and water sales including the preparation of water bill frequencies and revenue contributions by customer class. Raftelis will also perform an evaluation of current fixed versus variable cost recovery results. The information willl be used to identify appropriate 5. ReviewofCapital Improvements. Program Thist task willi involve the development ofac capital finance plan to fund the City's water and wastewater system capital improvements program (CIP). In addition to reviewing the City's current CIP, this activity will also include: identification ofavailable funding sources and fund balances and development of ac capital funding strategy for the capital projects based on project timing and the analysis ofalternative funding sources, ifany. These capital funding sources typically include the potential issuance of debt, grants, non-ad valorem tax assessments, and funds generated internally from rates and capital connection charges. It is recognized that the initial funding strategy developed in conjunction with the City staff may need to be modified during the course ofthe rate study in order to achieve the City's goals with respect to the level and timing of proposed rate adjustments. These modifications or alternative capital funding strategies will ensure that the capital finance plan supports the overall cost 6. Development of Proiected Revenue Requirements - Raftelis will prepare a five-year financial forecast and revenue requirement analysis based on the City's current water and wastewater operating budget and CIP. This task will include analysis of operations and maintenance expenses, capital expenditures and funding criteria, and other non-operating costs such as debt service, renewal and replacement funding requirements, and general fund transfers. The cost information will be compiled in a detailed manner such that costs can be summarized and classified by utility function or service. This task will also include the development of a forecast of revenues and income including utility rate revenues, other operating revenues from miscellaneous service charges, and other income such as interest income on fund balances. The forecast of utility rate revenue will be based on applying the existing rate schedules to the customer and sales forecast and detailed profile of water and wastewater billing determinants developed in task 3. The final step in this task will be to compare the projected revenues from existing rates with the projected revenue requirements in order to estimate the adequacy of current rate levels. Based on this summary of the adequacy of rates, Raftelis will recommend any overall water and wastewater system rate adjustments and develop an appropriate cost: recovery strategy in conjunction with the City staff. This scope of work considers preparing no more than for use in the five-year financial forecast and rate analysis. pricingp policies. recovery strategy deemed tol be appropriate by the City. three (3) cost recovery scenarios. A-2 7. Design of Water and Wastewater Capital Connection Charges - Based on the City's CIP, existing treatment plant capacity utilization, fixed asset records, and estimated participation in the Polk County Regional Water Cooperative (PRWC), the cost ofwater and wastewater system expansion to serve new growth will be identified. These growth- related costs, along withl level ofservice standards appropriate: for each utility system, will be used to develop proposed water and wastewater capital connection charges. This task will also include developing a detailed capital connection charge comparison to evaluate thep proposed water and wastewater capital connection chargescompetitvenes: with other 8. Miscellaneous Service Charge Review Raftelis will conduct a review oft the City's water and wastewater miscellaneous service charges, deposits to ensure that all charges recover the estimated cost ofproviding each service. Examples ofmiscellaneous. charges include, but are not limited to, turn-on/turn-off fees, late payment charges and fees, reconnect after disconnecting for non-payment charges, meter test fees, and after hour service call charges. This task will also consider whether the City needs to implement any new miscellaneous service charges. Based on discussions with City staff, at the conclusion of the Study, once miscellaneous charges have been adopted, Raftelis will work with City management to coordinate an on-site staff workshop with customer service and field operations personnel to review the implementation ofthe adopted ordinances. 9. Present Rate Study Results-1 Raftelis will attend one (1) on-site meeting to meet one-on-one with City commissioners. Raftelis will also attend two public meetings (one initial workshop and one public hearing) before the City Commission to present the results of the water and wastewater system rate and capital connection charge study to the City. Additional meetings will be held with City staff throughout the course of the study including two (2) meetings to gather data and review preliminary study results and alternatives, and one (1) staff workshop to review the implementation of the adopted ordinances as discussed in task 8. A total of six (6) on-site meetings are included in this scope ofs service; however, Raftelis will also take advantage ofo opportunities to host web- based or Microsoft Teams meetings when available. This task will also include preparation ofa a briefing document and report to summarize the study results. utility systems in the area. Remainder of this page intentionally left blank- A-3 LIST OF DELIVERABLES The deliverables to bej provided in this engagement include the following items: Data Request Five Year Financial Forecast for the Water and Wastewater Systems Water and Wastewater Customer Billing Profile Proposed Water and Wastewater Rates Proposed Water and Wastewater Capital Connection Charges Proposed Miscellaneous Service Charge Adjustments Water and Wastewater Rate and Capital Connection Charge Comparisons with Other Jurisdictions Briefing Document to Summarize Water and Wastewater Rate Study Water and Wastewater Rate Study Report ADDITIONAL SERVICES During the course of the study, the City may request additional services from Raftelis. Examples ofsuch additional services would include additional meetings above and beyond the six (6)on-site meetings identified in the scope ofservices. Other examples ofadditional services include providing services relating to the issuance of new debt, meeting with third parties regarding the derivation oft the rates and fees, providing litigation support services in the event ofa challenge of the rates or fees, performance of capital connection charge negotiations and the preparation of developer agreements for the payment of such capital connection charge with potential large developments within the City limits, requests for updated financial, cost or rate analyses or capital connection charge scenarios after substantial completion of the initial work, and other related issues not contemplated in the above scope ofs services. No additional services are contemplated at this time and such services will not be conducted until authorized by the City and as mutually agreed upon between the City and Raftelis. A-4 EXHIBIT. B POLK CITY, FLORIDA UTILITY RATE AND CAPITAL CONNECTION CHARGE STUDY WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES-RATE STUDY CONTRACT (Charlotte County Contract. No. 2023000004) B-1 CONTRACT NO. 2023000004 AGREEMENT BETWEEN CHARLOTTE COUNTY RAFTELIS FINANCIAL CONSULTANTS, INC. WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES = RATE STUDY and for THIS AGREEMENT, is made and entered into by and between CHARLOTTE COUNTY, a political subdivision of the State of Florida, 18500 Murdock Circle, Port Charlotte, Florida 33948-1094, hereinafter referred to as the "County," and RAFTELIS FINANCIAL CONSULTANTS, INC., d/bla RAFTELIS, 227 W. Trade Street, Suite 1400, Charlotte, North Carolina 28202, hereinafter referred to as the "Consultant." WITNESSETH WHEREAS, the County has determined that it is necessary to retain a Consultant to provide professional services to provide financial management consulting and utility WHEREAS, the Consultant has reviewed RFP No. 2023000004 required pursuant to this Agreement and is qualified, willing and able to provide and perform all such WHEREAS, the County, through a selection process conducted in accordance with the requirements of law and County policy, has determined that it would be in the best interest of the County to award a contract to Consultant for the rendering of those NOW, THEREFORE, the County and the Consultant, in consideration of the mutual rate-making services; and services in accordance with its terms. services described in the Scope of Services. covenants contained herein, do agree as follows: ARTICLE 1. INCORPORATION OF DOCUMENTS 1.1. RFP No. 2023000004, consisting of pages 1 through and including 17, and the Proposal submitted by Consultant dated January 5, 2023, all filed with the Clerk of the Circuit Court of Charlotte County, Minutes Division, as RFP No. 2023000004, are hereby specifically made part of this Agreement as if same had been set forth at length 1.2. In the event of any conflict between the documents constituting this Agreement, the documents shall be given precedence in the following order: herein. Raftelis Contract No. 2023000004 Water, Sewer, Reclaimed' Water and Miscellaneous Fees - Rate Study 1) This Agreement; 2) Work Assignments; 3) RFP No. 2023000004; 4) The Proposal submitted by Consultant dated January 5, 2023. ARTICLE 2. REQUEST FOR SERVICES BY COUNTY 2.1. The County may, in its sole discretion, issue an authorization to Consultant to provide professional services for a specific project under the terms of this Agreement and in accordance with the procedures contained in RFP No. 2023000004 (hereinafter "work assignment", "specific project authorization" or "work authorization'") and any subsequent addenda thereto. Each specific project authorization shall be in writing and set forth: (1) the scope of services for the specific project; (2) an enumeration of the deliverables for the specific project, if applicable; (3) the time for performance of Consultant's services for the specific project; and (4) the basis and amount of compensation for Consultant's services for the specificproject. Each work authorization shall be subject to all the terms and conditions of this Agreement. Each work authorization shall be in writing in the form of a "Work Assignment" using the form attached hereto as Exhibit A. After approval by the County Purchasing Director, County Administrator or Board of County Commissioners, whichever is applicable under the provisions of RFP No. 2023000004, each Work Assignment shall become an amendment to this Agreement. ARTICLE3 BASIC SERVICES 3.1. The basic services which shall be performed by Consultant under this Agreement are financial management consulting services and utility rate-making services for the utility department, as specified in Part Il of RFP No. 2023000004. The Consultant shall provide current and future financial feasibility reports (5-year and 20- year plans), revenue and expenditure analysis, and multi-scenario impact studies. Tasks shall be performed by Consultant on an "as assigned" basis and may include, but not be limited to, projects involving one or more of the following: Water, Sewer, Reclaimed Watera and Miscellaneous Fees Utility Rate and Water, Sewer and Reclaimed Water Connection Fee Study Analysis ofe existing and proposed Water Supply Agreements, Interlocal Educational presentations of utility information to County personnel and Board Analysis of financial data related to the acquisition, expansion or disposal of any Financial Feasibility Study Agreements and Amendments ofCounty Commissioners water/sewerfedlaimed water within the utility service area 2 Raftelis Contract No. 2023000004 Water, Sewer, Reclaimed" Water and Miscellaneous Fees - Rate Study Requests for updated analyses or additional financial or cost of service scenarios after substantial completion oft the initial work or on proposed projects Information and analysis required relating to debt issuance and bond coverage, Provide comparisons of current and projected water and sewer costs (operational, capital improvement, bonded debf) against appropriate industry Analysis of impact to all rates based on future expansions of service Assistance with State Revolving Fund (SRF), US Department of Agriculture (USDA) loan or grant funding applications and repayment options Assistance with establishing, operating or realigning various Fund Accounts in order to streamline accounting with Renewal and Replacement (R&R) programs, Capitol Improvement Programs (CIP), and such The delivery ofnon-proprietary multi-scenario modeling software as a deliverable at a milestone to be determined General assistance with other methods of charging various fees and charges, evaluation of funding scenarios, and otherrelated needs. 3.2. Consultant will provide the Department a monthly status report that identifies all outstanding projects, Consultant's progress, future plans and outstanding issues. The Status Report shall address each specific work assignment. It is understood by both parties that this list of services is by no means inclusive; County may require additional consulting services not listed therein to be performed by Consultant in accordance with the terms and conditions of this contract. A detailed scope of services for a specific project shall accompany the Work Assignment for the project. 3.3. Consultant shall be responsible for knowledge of and compliance with all applicable federal, state and local laws, rules, practices and regulations. Consultant must be able to conclusively demonstrate its professional ability to represent the County before any and all regulatory agencies and County departments as neçessary. 3.4. Consultant shall have an office staffed with professional technical personnel to prepare, assemble, and present reports to the County. These reports will include items 3.5. No guarantee is expressed or implied as to the quantity of services, if any, to be procured under RFP No. 2023000004 or any addenda thereto, by Charlotte County. 3.6. The County, at its sole discretion, may expand the scope of work to include additional requirements which shall require an equitable adjustment to the schedule and compensation of Consultant. The County reserves the right to investigate as it deems necessary to determine the ability of Consultant to perform the work or services requested. Information the County deems necessary in order to make a determination and service of senior debt benchmarks such as preliminary analysis and progress. shall be provided by Consultant upon request. 3 Raftelis Contract No. 2023000004 Water, Sewer, Reclaimed' Water and Miscellaneous Fees - Rate Study 3.7. Consultant shall perform any services described in a Work Assignment issued 3.8. Consultant agrees to meet with County at reasonable times and with 3.9. Consultant agrees to perform such duties and responsibilities, and accepts such authority, as set forth in a Work Assignment issued by the County to Consultant and further agrees to perform any services in the time allowed for performance in a to Consultant by the County. reasonable notice. Work Assignment issued by the County to Consultant. ARTICLE4 4. COMPENSATION AND PAYMENT OF CONSULTANT'S SERVICES 4.1. The amount and basis of compensation, whether it be lump sum, not-to- exceed, or some other basis, for Consultant's services on any specific project shall be determined during negotiations for that specific project, as provided in RFP No. 2023000004 and any subsequent addenda. The amount and basis of compensation shall be contained in the Work Assignment and calculated based upon the rate 4.2. Consultant shall submit all billings for payment of services rendered on a monthly basis to the County Purchasing Division. Billings shall be detailed as to the nature of the services performed and shall refer to the specific tasks listed in the Scope of Services that were actually performed by Consultant. Billings shall include a summary of any amounts previously billed and any credits for amounts previously paid. 4.3. Consultant acknowledges that each billing must be reviewed and approved by the County Director of Budget and Administrative Services or his or her designee. Should the County Director of Budget and Administrative Services or his or her designee, determine that the billing is not commensurate with services performed, work accomplished or hours expended, Consultant shall adjust billing accordingly. However, Consultant shall be entitled to payment of any portion of a billing not in dispute. 4.4. Payment for services rendered by Consultant on a lump sum basis shall be made on a monthly basis in proportion to the percentage of services completed. Percentage of services completed shall be subject to review and approval of County. 4.5. Payment for services rendered by Consultant on an hourly, not-to-exceed basis shall be made monthly based on actual hours spent, multiplied by appropriate hourly rates. Hours of service performed shall be subject to review and approval of 4.6. County shall pay Consultant's monthly billings in accordance with Sections 218.70 through 218.80 Florida Statutes, the Local Government Prompt Payment Act. schedule attached hereto as Exhibit B. County. 4 Raftelis Contract No. 2023000004 Water, Sewer, Reclaimed Water and Miscellaneous Fees - Rate Study ARTICLE5. CONSULTANT'S RESPONSIBILITIES 5.1. Consultant shall perform or furnish consulting and related services to a level of technical skill, ability, and diligence customarily provided by an experienced professional in his or her field of expertise at the time and place the services are performed when rendering the same services, and in accordance with sound principles and practices generally acknowledged by professionals in his or her field of expertise, as represented to the County, both orally and in writing, to be possessed by Consultant, all in accordance with the standards contained elsewhere in this Agreement and in accordance with generally accepted standards of professional consulting practice prevailing at the time and place the services are performed and with the laws, statutes, ordinances, codes, rules and regulations governing Consultant's profession. The same standards of care shall be required of any subconsultant or subcontractor engaged by 5.2. Consultant shall, without additional compensation, correct and revise any errors, omissions, or other deficiencies in its work product, services, or materials arising from the negligent act, error or omission of Consultant or any subconsultant or subcontractor engaged by Consultant for one year after the completion of Consultant's services under this Agreement. The foregoing shall be construed as an independent duty to correct rather than a waiver of County's rights under any applicable statute of limitations. County review of, approval of, acceptance of, or payment for any of Consultant's work product, services, or materials shall not be construed to operate as a waiver of any of County's rights under this Agreement, or cause of action County may Consultant. have arising out of the performance of this Agreement. ARTICLE 6. OWNERSHIP AND USE OF DOCUMENTS 6.1. All deliverables prepared in accordance with Consultant's services under this Agreement shall become the property of, and shall be delivered to, County. However, any use subsequent to or other than for the specific project for which such items were created, shall be at sole risk of County, Nothing contained herein shall be deemed a transfer, assignment or divestiture by Consultant of its trade secrets, know-how or 6.2. Consultant agrees that any software, computer systems and databases used for providing the documents necessary to this Agreement shall be compatible with intellectual property. existing County software and systems. ARTICLE7. COUATYSRESPONSELTES 7.1. County shall perform the responsibilities contained in this Article 7 in a timely manner sO as not to delay the services of Consultant. 5 Raftelis Contract No. 2023000004 Water, Sewer, Reclaimed Water and Miscellaneous Fees - Rate Study 7.2. County shall furnish to Consultant, upon request of Consultant and at County expense, all existing studies, reports and other available data pertinent to the services tob be performed under this Agreement which are within the County's possession. However, Consultant shall be required to evaluate all materials furnished hereunder using reasonable professional judgment before relying on such materials. 7.3. County shall provide reasonable access and entry to all public property required by Consultant to perform the services described in this Agreement. All such access and entry shall be provided at County expense. County shall also use reasonable efforts to obtain permission for reasonable access and entry to any private property required by Consultant to perform the services described in this Agreement. ARTICLE 8. TERM/TERMINATION 8.1. The term of this Agreement shall be for the period commencing on the date this Agreement is executed by both parties, and up to and including September 30, 2028, with an option to renew for two (2) additional one- (1) year terms, at the same 8.2. This Agreement, or any specific project authorized under this Agreement, may be terminated by County, with or without cause, by written notice to Consultant of the intent to terminate. Such termination shall be effective fourteen (14) days after receipt by Consultant of such written notice of intent to terminate. However, no termination for cause will be effective unless Consultant is first given ten (10) calendar days after receipt of notice of intent to terminate in which to cure the cause for termination. 8.3. In the event that the Consultant has abandoned performance under this Agreement, then the County may terminate this Agreement upon three (3) calendar day's written notice to the Consultant indicating its intention to terminate. The written notice shall state the evidence indicating the Consultant's abandonment. Payment for services performed prior to the Consultant's abandonment shall be as stated Section 3 8.4. In the event of termination, Consultant shall be entitled to compensation for services rendered and costs incurred through the effective date. of termination. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports, prepared by Consultant shall become the property of County and shall be delivered by Consultant to County immediately upon the effective date of terms and conditions, with the mutual consent of the parties. above. termination. 6 Raftelis Contract No. 2023000004 Water, Sewer, Reclaimed Water and Miscellaneous Fees - Rate Study ARTICLE 9. NOTICES 9.1. Any notice required or permitted to be sent hereunder shall be sent certified mail, return receipt requested to the parties at the addresses listed below: CONSULTANT: COUNTY: Raftelis Purchasing Division Port Charlotte, FL 33948 Name: Murray Hamilton, Vice President Address: 341 N. Maitland Avenue, Suite 300 Name: Kim Corbett, Sr. Div. Manager Address: 18500 Murdock Circle, Ste. 344 Maitland, FL 32751 ARTICLE 10. NOCONTINGENT FEES 10.1. Consultant certifies that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, County shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 11. TRUTHNANEGOTATON CERTIFICATE 11.1. In accordance with Section 287.055 Florida Statutes and Charlotte County Resolution 2003-059, signature of this Agreement by Consultant shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which County determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE 12. ASSIGNMENT 12.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by Consultant without the prior written consent of County. Further, no portion of this Agreement may be performed by 7 Raftelis Contract No. 2023000004 Water, Sewer, Reclaimed Water and Miscellaneous Fees - Rate Study subcontractors or subconsultants without written notice to and approval of such action by County. ARTICLE 13. EXTENT OF ABREMENT/SEVERABILTV/MODPCATON 13.1. This Agreement represents the entire and integrated agreement between the County and Consultant and supersedes all prior negotiations, representations or 13.2. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any breach of any provision, term, condition or covenant shall not be construed by the other party as a waiver of any subsequent 13.3. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by both 13.4. This is a nonexclusive contract. The County has the right to enter into agreement, either written or oral. breach. parties. contracts with other consultants for providing professional services. ARTICLE 14. GOVERNING LAW/VENUE 14.1. This Agreement shall be governed and construed in accordance with Florida law. In the event any litigation arises between the parties in connection with this Agreement, venue for such litigation shall lie exclusively in or for Charlotte County, Florida. ARTICLE 15. INDEPENDENT CONTRACTOR STATUS 15.1. Consultant is an independent contractor and is not an employee, servant, Neither the County nor any of its employees shall have any control over the conduct of Consultant or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to represent at any time or in any manner that Consultant or any of Consultant's agents, servants or employees are in any manner agents, servants or employees of the County. It is understood and agreed that Consultant is, and shall at all times remain as to the County, a wholly independent contractor and that Consultant's obligations to the County are solely as prescribed by agent, partner or joint venturer of the County. this Agreement. 8 Raftelis Contract No. 2023000004 Water, Sewer, Reciaimed' Water and Miscelianeous Fees = Rate Study ARTICLE 16. AUDIT REQUIREMENTS 16.1. Consultant shall maintain books, records, documents, and other evidence directly pertaining to or connected with the services under this Agreement which shall be available and accessible at Consultant's offices for the purpose of inspection, audit, and copying during normal business hours by the County, or any of its authorized representatives. Such records shall be retained for a minimum of five (5) years after completion of the services. Ifa any litigation, claim or audit is commenced prior to the expiration of the five (5) year period, the records shall be maintained until all litigation, 16.2 Consultant shall require all subcontractors to comply with the provisions of this paragraph by insertion of the requirements hereof in a written contract agreement claims or audit findings involving the records have been resolved. between Consultant and the subcontractor. ARTICLE 17. NDEMNIFICATION 17.1. Consultant shall indemnify and hold harmless County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Consultant and other persons employed or utilized by Consultant in the performance of services under this Agreement. ARTICLE 18. PUBLIC RECORDS 18.1. Pursuant to Séction 119.0701 of the Florida Statutes, Contractors acting on behalf of the County must comply with the public records laws, specifically: a) keep and maintain public records required by the County to perform the contracted services; b) upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 of the Florida Statutes or as otherwise provided by law; c) ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract; and d) upon completion of the contract, keep and maintain all public records required by the County to perform the service, and meet all applicable IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE CONTRACTORS DUTY TO RETAIN AND PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONTRATOR SHOULD requirements for retaining public records. 9 Raftelis Contract No. 2023000004 Water, Sewer, Reclaimed Water and Miscellaneous Fees - Rate Study CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT (941)743-1441, E-MAIL TO RECORDS@CHARLOTTECOUNIVFLGOV, 18500 MURDOCK CIRCLE, BLDG. B, Suite 109, PORT CHARLOTTE, FLORIDA 33948. ARTICLE 19. EMPLOYEE RESTRICTIONS 19.1. Charlotte County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contains in 8 U.S.C. Section 1324a [Section 274A of the Immigration and Nationality Act ("INA")). The County shall consider employment by the Consultant of unauthorized aliens a violation of Section 274A of the INA. Such violation by the Consultant of the employment provisions contained in Section 274A of the INA 19.2. Pursuant to Section 448.095 of the Florida Statutes, all persons or firms entering into contracts with Charlotte County are required to register with, and use, the E-Verify system of the U.S. Department of Homeland Security to electronically verify the employment eligibility of all newly hired employees. The County may terminate this Agreement for failure on the part of the Contractor to use E-Verify. Contract termination for failure to use E-Verify is not considered a breach of contract pursuant to S. shall be grounds for termination of this Agreement by the County. 448.095(2)(c)3, Fla. Stat. ARTICLE 20. SCRUTINIZED VENDORS 20.1. Pursuant to Section 287.135(3)(b) of the Florida Statutes, Charlotte County may, at its sole option, terminate this Agreement if the Consultant is found to have been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott ofl Israel. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 10 Raftelis Contract No. 2023000004 Water, Sewer, Reclaimed Water and Miscellaneous Fees - Rate Study IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date and year written below. RAFTELIS Signed by:. WITNESSES Signed By: Cmyk lony Print Name: MpHtaalln,T. Print Name: FyL. Perny Date: Maa3 Title: VPacichh Date: 5122/2023 ATTEST: BOARD OF COUNIKGAMMISSIONERS OF CMARLOTTEPVONTYPADA By: WlsA Apues William G. Eruex," Cheina Daté pils 303394 Roger D. Eaton, Clerk of Circuit Court and Ex-officio Clerk to the Board of County Commissioners Deputy Clérk ghlsn - Obvos APPROVED ASTOFORM AND LEGAL SUFFICIENCY Gach anette S. Knowiton, County Attorney LR23-0290 Exhibit List: Exhibit A- Work Assignment - Sample Form Exhibit B - Rates Schedule 11 WORK ASSIGNMENT CHARLOTTE COUNTY PURCHASING DIVISION CONTRACTI NO. 2023000004 **THIS WORK ASSIGNMENT": WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUSFEES-RATES STUDY 1. Work Assignment # 2. Short Title 3. Date Submitted 4. Amount 5. Scheduled Completion Inp presenting this Work Assignment, Consultant agrees that: Unless detailed herein, all drawings, data, electronic files fort Assignment has been accepted by Consultant. Specifically, all electronic files havépeen reviewèd and' accepted forithe purposes of this Work Assignment. Unless speclfied herein, additional information wijlnot be reguired. SUBMITTED AND AGREED TO BY: E BY: N Sighhure DATE: Name ofConsultant/F FimmType/Print) RECOMMENDEP,AND: APPROVED'BY FISCAL REVIEWEDBM CHARLOTTE COUNTY OEPARTMENTONSON: CHARLOTTE COUNTY PURCHASING: CHARLOTTE COUNTY ADMINISTRATION: APPROVED by the COUNTY, Administrative Agent, the day of 20_ EXHIBIT A Exhibit "B" Raftelis Financial Consultants, Inc. 2023 Standard Hourly Billing Rates Position Hourly Billing Rate * $325 $300 $275 $245 $200 $180 $155 $95 Executive Vice President Vice President Senior Manager Manager Senior Consultant Consultant Associate Administration * These rates will be in effect for calendar year 2023 and will then increase annually by 3% unless specified otherwise by contract. EXHIBITC CIYOFOIKCIAPONDA COST SIMATETOFREORMAITUTYRAEANDCAETALCOANECTION CHARGESTUDY Line No. Task Vice Senior Associate 2 12 10 8 Refl President Consultant Consultant Administrative Totals $ 300,00 $ 200.00 S 155.00 S 95,00 Direct Laborl Rates Kick-offMecting (virtualr meeting) Data Acquisition, Compilation: and Review Identification ofFiscal Policies and Objectives Compilation ofHistorical Customer Billing! Information Development of Customer Usage Forecast andE Billing Frequency Development of Water and Wastewater Customer Billing Profile Revicw ofCapital Improvements Program Development ofRevenue Requirements and Analysis Development ofRevenue Projections from Existing Rates Development ofOperatingl Expense Projections 10 Deveiopment ofCapital Improvement) Funding Analysis Flow ofFunds Analysis andi Interest Income Determination Development ofN Net Revenuel Requirements: and Ratel Impact Analyses 3 Rate Covenant/1 Fiscal Policy Compliance Analysis Design of Water and Wastewater Connectionl Fees 5 Review of Miscellancous Charges for Ancillary Services 16 Staff Workshop toF Review Adopted Ordinance 17 Preparationo ofRates Study Report 18 Preparation ofPublic Hearing Presentation Documentation 19 StaffN Meetings to Review Study Progress (two on-siter meetings) 20 One-on-oncs with City Commissioners (one on-siter mecting) 21 Present Results at City Commission (two on-siter meetings) 22 Project Management 23 Total Hours 24 Direct Labor Cost 25 Average! Hourly Rate Otherl Direct Costs 26 Mileage @ $0,67F Per Mile- 100N Miles Roundtrip: 61 Trips 27 Miscellancous/ Rounding 28 Total Other Direct Costs 29 Total Estimated Project Cost Footnotes: 2 2 2 2 8 16 20 14 30 32 18 13 20 10 144 24 0 All 168 26,040 $ 10 394 950 $ 77,390 196.42 402 410 77,800 21,600 S 28,800 [ Pleaser reference Exhibit A- Scope ofs Services ford description oft taskst tobep performed by Raftelis. City Commission Meeting April 16, 2024 AGENDA ITEM #5: Polk County Library Cooperative Interlocal Agreement with Polk City INFORMATION ONLY X ACTION REQUESTED ISSUE: Requesting a vote by the City Commission to approve the Interlocal Agreement between the Suzette Penton Polk City Community Library and the Polk County Library Cooperative. ATTACHMENT: Interlocal Agreement ANALYSIS: This Agreement continues the Polk County Library Cooperative, which was formed on October 1, 1997, through an Interlocal Agreement between the Board of County Commissioners (BoCC) and the thirteen (13) municipalities with Public Libraries in Polk County: Auburndale, Bartow, Dundee, Eagle Lake, Fort Meade, Frostproof, Haines City, Lake Alfred, Lake Wales, Lakeland, Mulberry, Polk City, and Winter Haven. Subsequently, the Agreement has been reviewed and renewed to continue the delivery of Membership int the Cooperative gives a Municipal Library access to hundreds oft thousands of resources fort their patrons, automatic membership in the Tampa Bay Library Consortium (for continuing education and vendor discounts); delivery between libraries, Books by Mail, a State-of-the-Art! Library Automation System that includes mobile applications, alle e-rate forms filed on your behalf, State and Federal Grants, seamless countywide public library services. Professional Development, and sO much more! STAFF RECOMMENDATION: Approve the Interlocal Agreement between the Polk County Library Cooperative and Polk City. POLK COUNTY LIBRARY COOPERATIVE INTERLOCAL AGREEMENT 2024 This Agreement is entered into this day of by Polk County, a political subdivision of the State of Florida, hereinafter referred to as the County, and the municipalities of Auburndale, Bartow, Dundee, Eagle Lake, Fort Meade, Frostproof, Haines City, Lake Alfred, Lakeland, Lake Wales, Mulberry, Polk City, and Winter Haven, WHEREAS, Section 163.01, Florida Statutes (2023) the Florida Interlocal Cooperation Act of 1969, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual WHEREAS, both the County and participating municipalities are public agencies within WHEREAS, Section 163.01(4), Florida Statutes (2023) provides that a public agency of this state may exercise jointly with any other public agency of the state any power, privilege, or authority which such agencies share in common and which each might WHEREAS, Section 125.01(f), Florida Statutes (2023) authorizes the County to provide WHEREAS, Section 166.021(1), Florida Statutes (2023), authorizes municipalities to render municipal services and exercise power for municipal services, except when WHEREAS, the County and participating municipalities desire to cooperate in a countywide agreement to provide library services without charge to all persons residing inF Polk County, including residents of the unincorporated areas and those incorporated WHEREAS, the County as an eligible political subdivision under Section 257.17, Florida Statutes (2023), may participate in the State Aid to Libraries Program; and WHEREAS, the County enacted Ordinance 07-18, the Polk County Amended, Restated and Consolidated Comprehensive Impact Fee Ordinance, as amended, which in part provides for the funding of library capital improvements required by growth within Polk hereinafter referred to as participating municipalities". advantage; and the meaning of Chapter 163.01, Florida Statutes (2023); and exercise separately; and libraries and cultural facilities and programs; and expressly prohibited by law; and areas not served by a public library; and County; and Passed by Library Cooperative Governing Board on March 13, 2024 WHEREAS, the County enacted Ordinance 05-025, the Polk County Library MSTU Ordinance to levy ad valorem taxes within the unincorporated area of Polk County to fund new libraries, and, to the extent that it is demonstrated that such facilities benefit and are used by the residents of the unincorporated area of Polk County, existing and future library facilities operated by the Polk County Library Cooperative and its members. NOWT THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the parties do agree as follows: 1. PURPOSE The County and participating municipalities agree to cooperate, pursuant to the terms of this interlocal agreement, in the operation of a cooperative countywide library system in Polk County to provide library services without charge to all In particular, it is the express purpose of the agreement to provide for the coordination of library service throughout the service area of the County and all participating entities, to provide for equal access to free public library service to all residents in Polk County, and to formulate and implement consistent plans, programs, policies, and procedures in the operation, maintenance and development of library service throughout the service area of the participating entities. The Board of County Commissioners shall have the authority to administer this Agreement and is empowered to take collective action as directed by the Library Cooperative Governing Board (hereafter governing board) as is reasonable or appropriate to achieve the purposes as set forth herein. persons who are residents of Polk County. 2. DEFINITIONS 1. Resident shall mean any individual who either owns real property or resides in Polk County on a permanent basis or as established by the 2. County shall mean Polk County, a political subdivision of the State of 3. Auburndale shall mean the City of Auburndale, a legal entity established for local governmental purposes and the location of the Auburndale 4. Bartow shall mean the City of Bartow, a legal entity established for local governmental purposes and the locations of the Bartow Public Library, Polk County Historical & Genealogical Library and the Polk County Law 5. Dundee shall mean the Town of Dundee, a legal entity established for local governmental purposes and the location of the Dundee Public 6. Eagle Lake shall mean the City of Eagle Lake, a legal entity established for local governmental purposes and the location of the Eagle Lake Governing Board. Florida. Public Library. Library. Library. 2 Passed by Library Cooperative Governing Board on March 13, 2024 Public Library. Public Library. Memorial Library. Public Library. Public Library. Public Library. 7. Fort Meade shall mean the City of Fort Meade, a legal entity established for local governmental purposes, and the location of the Fort Meade 8. Frostproof shall mean the City of Frostproof, a legal entity established for local governmental purposes and the location of the Latt Maxcy 9. Haines City shall mean the City of Haines City, al legal entity established for local governmental purposes and the location of the Haines City 10.Lake Alfred shall mean the City of Lake Alfred, al legal entity established for local governmental purposes and the location of the Lake Alfred 11.Lake Wales shall mean the City of Lake Wales, al legal entity established for local governmental purposes and the location of the Lake Wales 12.Lakeland shall mean the City of Lakeland, a legal entity established for local governmental purposes and the locations of the Lakeland Public Library, Larry R. Jackson Branch Library and the Kelly Branch Library. 13.Mulberry shall mean the City of Mulberry, a legal entity established for local governmental purposes and the location of the Mulberry Public 14.Polk City shall mean the City of Polk City, a legal entity established for local governmental purposes and the location of the Suzette Penton 15.Winter Haven shall mean the City of Winter Haven, a legal entity established for local governmental purposes and the location of the Winter Haven Public Library, Kathryn L. Smith Memorial. 16.Cooperative shall mean the Polk County Library Cooperative, a public library system operated by a governing body designated by one or more participating local governments and/or entities to administer through a single administrative head, the common services for a group of libraries supported by those participating local governments and/or entities that have joined together by formal agreements to provide services across 17.Single administrative head (Cooperative Coordinator) shall mean the central administrator of the Polk County Library Cooperative who administers, manages, and coordinates Cooperative activities and who, at taminimum, meets the requirements for a Cooperative Coordinator as 18.Governing Board shall mean the governing body of the Polk County Library Cooperative as empowered pursuant to this Agreement. 20.Participating Library shall mean any of the libraries located within Polk Library. Polk City Community Library. their combined service areas. described at Section 9, herein. 19. Service area shall mean all of Polk County. County that have entered into this agreement. 3 Passed by Library Cooperative Governing Board on March 13, 2024 21.Polk County is a political subdivision of the State of Florida and is authorized to participate in the State Aid to Libraries Program and operates the Polk County Genealogical Library and the Justice Steven 22.Circulation = shall mean all library materials that are borrowed for use 23. Capital - shall mean money expended for purchase or construction of a library building or library quarters (ie: bricks and mortar, land (purchase or value of); and utilityi infrastructure). Capital shall not include shelving, 24.BOCC - shall mean the "Board of County Commissioners" of Polk 25.MSTU- shall mean the "Municipal Services Taxing Unit" enacted by the BOCC in the unincorporated areas of the county for public library services beginning with FY 2005-2006, the funds from which may be used for existing and future library facilities, collections and programs to the extent thati it is demonstrated that such facilities benefit and are used by residents of the unincorporated area of Polk County. 26.Impact Fee - shall mean the library impact fee enacted by the BOCC for public library capital projects required by growth. H. Grimes Law Library. outside the library, including digital books and media. furniture, or replacement of carpet. County 3. AGREEMENT This Agreement shall constitute the entire agreement of parties hereto and of the Polk County Library Cooperative. There are no promises, representations, or warranties other than those seti forth herein. This Agreement shall be binding upon the parties and successors in interesti in accordance with its terms. Nomodification or amendment of the Agreement shall be binding unless in writing approved by each of the governing boards of the participating libraries and by the Cooperative Governing Board, and executed on behalf of each of the participating libraries and the Cooperative Governing Board. 4. TERM The term of this Agreement shall be 10 years, beginning on October 1, 2024 and shall automatically renew for additional 10 year terms, however any party hereto may terminate their participation in this Agreement as provided herein. The parties hereto agree to meet at the request of any member party to review the provisions of this agreement at least one hundred and twenty (120) days prior to October 1st ofe each year in order to consider such modifications as the parties may desire for the subsequent year. 5. WITHDRAWAL OR TERMINATION Any participating party may withdraw from the Cooperative established by this Agreement and thereby terminate its rights and responsibiities under this Agreement. Written notice of the withdrawal and termination shall be given to the Governing Board 60 days prior to the effective date. Any funds received by the withdrawing party will be pro-rated to the termination date and a refund will be 4 Passed by Library Cooperative Governing Board on March 13, 2024 made by the withdrawing party to the Cooperative. Distribution of the refund will be made to the remaining cities in accordance with the funding formula. DISPENSATION OF PROPERTY AND EQUIPMENT 6. Upon withdrawal or termination of the Agreement by any participating party (whether by termination or otherwise), all real property and equipment valued at the amount established by applicable law and regulations and purchased by the Cooperative with State, County or Federal funds (except State Construction Grant Funds), shall be retained by the Polk County Library Cooperative. Ift the Cooperative ceases to exist, the abovementioned real property and equipment shall revert to the Florida Department of State, Division of Library and Information Services (State Library of Florida). All disposition of real property and equipment shall be in accordance with applicable state law and regulations. Materials, furniture and equipment purchased with local funds or grants procured by the municipality or county, whether funds of a municipality, non-profit entity, or the county, shall remain the property of the participating library for which they were purchased. Disposition of the real property shall be the responsibility of the owning A terminating library will be able to purchase a copy of its MARC (Machine Readable Catalog) records in its current format at the time of termination for ai fee covering the cost of extraction. Ift the terminating library requests its records to be expunged from the Cooperative database, itv will be done ati the terminating library's Ifthe terminating library requests to continue using the Cooperative database and automation software, it will be reviewed by the Cooperative Governing Board and Ini the event that the terminating library serves as the host library fort the automation networking equipment and software, the Governing Board will approve another entity. expense, with vendor approval from the Governing Board. done at the terminating library's expense. host city or site. 7. ADDITION OF NEW MEMBERS NEW MEMBERS: Any publicly owned and operated library within Polk County which is not a participating library may become a party to this Agreement and a member of the Polk County Library Cooperative upon the approval by a majority vote of the Governing Board and upon execution and delivery of a counterpart original of the Agreement (as theni ini force). The above and the following conditions must be satisfied by new members prior to April 1st of a given calendar year: 1) Agree to provide library services to all Polk County residents free of charge, 2) 5 Passed by Library Cooperative Governing Board on March 13, 2024 Agree to provide services in accordance with the Cooperative's Long-Range Plan, 3)Agree to submit an Annual Library Budget tot the Cooperative, 4) Agree to share materials/resources with other member libraries, 5) Agree to remain open a minimum of 40 hours per week, and 6) Agree to all other conditions as outlined in Upon satisfaction of these conditions, the proposed new member (participating library) shall become a party to this Agreement and a member of the Polk County Library Cooperative effective the next October 1, subject to all the provisions and obligations, and entitled to all the privileges and rights of new members as the Interlocal Agreement delineated in the Bylaws of the Governing Board. 8. GOVERNING BODY The Governing Board of the Polk County Library Cooperative shall consist of one representative appointed by each participating municipality, and one administrator from County government appointed byt the Board of County Commissioners. Each participating municipality and the County shall also designate at least one; but no more than two alternate representatives to act on its behalf during any absence. The Governing Board shall elect a chair, vice-chair, and secretary each to serve a two year term. The Governing Board shall appoint the Cooperative's single administrative head (Cooperative Coordinator), adopt By-laws, set policy for and manage operations of the Cooperative, including salaries of the Coordinator and other staff, develop with the Cooperative Coordinator and approve the Cooperative's budget and submit it to the Board of County Commissioners for review and transmittal to the State Library of Florida, review and develop new formulas for the disbursement of County funds, make decisions with the Cooperative Coordinator on the use of state funds, which will be centrally expended by the Cooperative for participating libraries for the benefit of residents of the combined service area; make decisions with the Cooperative Coordinator on the use of County funds including county Library MSTU and Impact Fee revenues which will be expended pursuant to the provisions and limitations set out in Polk County Ordinances creating the Library MSTU and levying the Library Impact Fee; conduct public meetings, (no less often than quarterly), enter into and sign contracts to benefit the Cooperative members, and appoint members of committees and advisory boards as required to accomplish specific activities. The Cooperative Coordinator shall be appointed by the Governing Board and shall have thei following minimum qualifications: a Master's Degree in library/information science from a program accredited by the American Library Association, plus five years of successful, full-time, paid library experience in a public library. The Governing Board may establish any other qualifications for the Cooperative Coordinator and shall set positions, salary structure and benefits for the Coordinator and all direct staff of the Cooperative. The Cooperative Coordinator, 9. COOPERATIVE COORDINATOR 6 Passed by Library Cooperative Governing Board on March 13, 2024 under the supervision of the Governing Board, shall interview, select, supervise, and recommend discharge of staff for the office of the Cooperative in accordance with policies established by the Governing Board. All paid staff of the participating libraries shall remain employees of the governing board that operates each library and shall retain all rights, responsibilities and powers associated with employment ofstaff. In the event the Coordinator is an employee of a participating municipality the Coordinator's salary and other expenses of employment shall be reimbursed by the Cooperative. 10. DUTIES OF THE COOPERATIVE COORDINATOR Under the direction of the Governing Board, the duties of the Cooperative a. Maintaining information and submitting with approval of the Governing Coordinator shall include, but are not limited to: Board and on behalf oft the Cooperative and participating libraries applications for available County, State and Federal library funds and filing reports required by the Florida Department of State, Cooperative's single Long Range Plan developed by the Cooperative's annual operating and capital budgets and Annual opportunities for offering to the participating libraries. Board cooperative projects as a method of cost reductions and technical services, and automation programs for participating Division of Library and Information Services. Governing Board and the Coordinator. b. Preparing and presenting to the Governing Board for approval the C. Preparing and presenting to the Governing Board for approval the d. Recommending and coordinating the implementation of library program e. Recommending and developing, with the approval of the Governing f. Planning for and developing centralized coordination, planning, Plan of Service. improved efficiency. libraries, as agreed to by the Governing Board. 11. LONG RANGE PLAN FOR LIBRARY SERVICES AND ANNUAL Inconcert with the Governing Board, the Cooperative Coordinator shall coordinate the development and implementation of a Long Range Plan for the operation, maintenance, and development of the Cooperative and its participating libraries, to be adopted by the Governing Board and maintained through a yearly update. The Governing Bodies of the participating libraries shall continue to fund their local libraries and are not required to make any payment to the Cooperative for participating in the Cooperative. All authority with respect to participating library funding of the Cooperative's Long Range Plan, the Annual Plan and any other library program or expenditure from participating library's governing body shall lie PLAN AND BUDGET 7 Passed by Library Cooperative Governing Board on March 13, 2024 solely with the participating municipality. In order to qualify for the maximum amount of state aid, all expenditures made for participating libraries by the participating municipalities shall be made in accordance with the Cooperative's There shall be a single, combined annual Cooperative budget for library service in Polk County. The budget shall be developed with a Fiscal Year ending September 30 of each year. The Cooperative's budget shall reflect the annual plan approved by the Governing Board, shall be prepared by the Cooperative Coordinator, and shall take into account funds received, budgeted for and expended by participating libraries, and funds received from the County, State and Federal funds (except State construction grants), and all other revenues received to provide library The budget shall be adopted by the Cooperative's Governing Board for submission to the Board of County Commissioners. Nothing contained herein shall require any participating municipality or Polk County on behalf of Polk County's istoncal/Genealogical Library or Polk County's Law Library to appropriate any amount in excess of the Maintenance of Effort defined at Section 14, herein. 12. ACCEPTANCE OF GIFTS, GRANTS, FUNDS, OR BEQUESTS The Governing Board, on behalf of the Cooperative, shall have the authority to apply for or receive gifts, grants, funds, or bequests. All such monies, property or funds received by the Cooperative shall be the property oft the Cooperative, subject to termination provisions set forth ini this Agreement. All such monies, property or funds received by municipalities or non-profit entities for the benefit of an individual participating library shall remain the property of the participating library. Long Range Plan and Annual Plan. service. 13. COOPERATIVE ACTIVITIES SYSTEM-WIDE AND CENTRALIZED An Annual Plan of Library Service for the Cooperative may offer system-wide and centralized activities, such as centralized purchasing, centralized periodical subscription service, centralized technical services, shared staff, and others to be funded by one or a combination of: a. The Cooperative's County funds including Library MSTU and Library b. The Cooperative's State funds designated in the. Annual Budget. C. Agreed-to portions ofthe Cooperative's County funds programmed to be Impact fees designated in the Annual Budget. distributed to the participating libraries with the approval of the participating libraries' governing bodies of those libraries that choose to participate in any system-wide and/or centralized activity. d. Direct payment to the Cooperative by the governing bodies of 8 Passed by Library Cooperative Governing Board on March 13, 2024 participating libraries that choose to participate in any system- wide and/or centralized activity. 14. APPROPRIATION FOR PARTICIPATING MUNICIPALITIES There is reserved to the participating municipalities the sole and exclusive discretion to determine the amount of annual appropriations from their own revenues and sources for the provision of library services. Participating libraries, including participating municipalities and the County, agree to a Maintenance of Effortwhich will maintain actual operating andmaintenance expenditures for public library services, exclusive of short-term special funding, at that level of at least the lesser amount expended from the same purpose in either of the two fiscal years preceding the annual appropriation being considered, such that funds provided under this Agreement shall not be construed to be a substitute for city funds allocated for the support of public library services to the residents of the city or county. Participating municipalities who cannot meet this condition because of extenuating budget circumstances in a specific fiscal year may request a Maintenance of Effort Waiver for that specific fiscal year according to procedures established by the Cooperative's Governing Board and codified in the By-Laws 15. APPROPRIATION AND ALLOCATION OF POLK COUNTY For the duration of this Agreement, County funds allocated for the support of the Cooperative shall be distributed among participating publicly owned and operated libraries according to the formulas found in Section 21 and Section 22. FUNDS: adopted by the Governing Board. FUNDS FOR PARTICIPATING LIBRARIES 1) Funding Formula = To the extent that it is demonstrated that the Cooperative's library system benefits and is used by residents of the unincorporated area of Polk County, the County shall provide dedicated funding from Library MSTU dollars to the Cooperative as provided for in 2) Distribution Formula - The County funds, including Library MSTU dollars, allocated for the support of the Cooperative shall be distributed among participating libraries in two payment installments by January 31 and April 15 pending necessary information is provided by cities according to the formula in Section 22 with an annual review. 3) All County funds shall be spent by the participating libraries in accordance with the Cooperative's Long Range Plan and Annual Plan of Service and pursuant to the provisions and limitations set out in Polk County Ordinances creating the Library MSTU and levying the Library 4) State Aid to Libraries Grant funds and County Library Impact Fee dollars for capital projects required by growth shall be administered centrally Section 21. Impact Fee 9 Passed by Library Cooperative Governing Board on March 13, 2024 and budgeted in accordance with the Long Range Plan and Annual Plan of Service and expended by the Cooperative on behalf of libraries 5) The Cooperative Governing Board will expend any County funding provided for public library services in accordance with the Cooperative's long range plan and annual plan of service and the provisions and limitations set out in Polk County Ordinances creating the Library MSTU services in Polk County. and levying the Library Impact Fee. 16. STATISTICAL REPORTS Each month, by the 20th day, statistical reports in the format requested by the Coordinator shall be submitted by all participating libraries to the Cooperative Coordinator for the previous month. Notwithstanding the foregoing, the Coordinator shall have the authority to adjust the reporting frequency to periods which are more efficient and productive to the administration of the Cooperative. The Cooperative shall abide by the terms and provisions of laws of the State of Florida and the provisions of this Agreement and other applicable Federal, State, 17. RESPONSIBILITY OF THE COOPERATIVE and or local laws, rules, and regulations. 18. ADDITIONAL RESPONSIBILITIES OF PARTICIPATING GOVERNING BODIES Participating governing bodies shall abide by all State and Federal laws, and specifically those relating to the provision of library services. Participating governing bodies shall retain local autonomy and control over the operations and functions of its participating library, except where participating governing bodies have ceded authority to the Cooperative's governing body through this Agreement ora amendments thereto. 19. MODIFICATION OF AGREEMENT No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document approved and executed by the Cooperative's Governing Board and all parties hereto with the same formality and of equal dignity herewith. 20. NOTICES All notices, demands or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party or the other, shall be deemed to have been fully given or made or sent when in writing and addressed to the City Manager of the participating municipalities and the County Manager for the Board of County Commissioners. 21. FUNDING FORMULA 10 Passed by Library Cooperative Governing Board on March 13, 2024 The County has provided a dedicated funding source (Library MSTU)which assists in its commitment to more equitable funding in order to reach $23.60 operational funding per capita as recommended by previous professional consultants hired by the County. 22. DISTRIBUTION FORMULA Each participating municipality shall be allocated a portion of all county dollars, including the Library MSTU, to the extent that it is demonstrated that the Cooperative's library system benefits and is used by residents of the [10% of the municipality's current library budget (excluding capital as defined herein) + (remaining funds for distribution X its library's % of circulation (as compared to the entire Cooperative's circulation) for the most recent fiscal year)] Any publicly owned and operated library open at least 40 hours a week will receive at least $25,000. The minimum funding level has the opportunity to be increased upon recommendation by the Governing Board and with a unanimous approval unincorporated area of Polk County, based on this formula: vote of the Governing board. Shown another way the formula looks like this: A= Total County Funds B= 10% of municipality's current library budget (excluding capital as defined herein) C=S Sum of amount B for each location D=A-C (remaining funds for distribution) cumulative Circulation for the most recent fiscal E=9 % of library's circulation (as compared to the entire Cooperative's year) Each municipality's allocation = B + (D*E), with the provision that any library open at least 40 hours a week will receive at least $25,000. The minimum funding level has the opportunity tol be increased upon recommendation by the Governing Board and with a unanimous approval vote of the Governing board. ENTIRE AGREEMENT This Agreement embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. If any provision herein is invalid it shall be considered deleted therefrom, and shall not invalidate the remaining provisions. 11 Passed by Library Cooperative Governing Board on March 13, 2024 POLKCOUNTY BOARD OF COUNTY COMMISSIONERS CITY OF: POLK CITY Signed by: Printed name: Title: Date: Witness: Printed name: Signed by: Printed name: Title: Date: Witness: Printed name: 12