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TOWN OF LAKE HAMILTON

TOWN COUNCIL REGULAR MEETING AGENDA

JULY 11, 2017 6:00 P.M.

The Town Council of the Town of Lake Hamilton will hold a Regular Council Meeting on Tuesday, July 11, 2017 at 6:00 PM in the Council Chambers at Town Hall, 100 Smith Avenue, Lake Hamilton, FL 33851. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF MINUTES

A. June 6, 2017 Budget Workshop (page 2) B. June 6, 2017 Regular Meeting (page 3-7) C. June 13, 2017 Special Meeting (page 8)

II. RECOGNITION OF CITIZENS/PRESENTATIONS - Limited to three minutes per person. If there are

more than three people to talk on one topic, please appoint a designated spokesperson. III. OLD BUSINESS

A. Public Hearing Second Reading a. Ordinance 2017-08 Sex Offender Restrictions (page 9-12)

B. Approve Phase 1 US 27 Wastewater System Improvements Project Agreement with Town of Dundee (page 13-25)

IV. NEW BUSINESS A. Adopt updated Council Rules (page 26-43) B. Appoint FLC Conference Delegate (page 44) C. Ordinances for First Reading

a. Ordinance 2017-09 - Amending the Comprehensive Plan, Future Land Use Element, RES LANDS (page 47-50)

b. Ordinance 2017-10 - Amending the Future Land Use Map - Chicago Avenue (page 51-55) c. Ordinance 2017-11 - Amending the Future Land Use Map - North Side of Kokomo Road west

of Scenic Highway (page 55-60) d. Ordinance 2017-12 - Medina Rezoning (page 61-64) e. Ordinance 2017-13 - Alfreda White Rezoning (page 65-68) f. Ordinance 2017-14 - Florida Investment Consortium Rezoning (page 69-73)

D. Resolutions: a. 2017-13 Affirmative Action Plan –EEO (page 74-78) b. 2017-14 Citizen’s Participations Plan (page 79-86) c. 2017-15 Complaint and Grievance Procedures (page 87-88) d. 2017-16 Procurement Policy (89-113) e. 2017-17 Prohibition on Use of Excessive Force (page 113-115)

VI. TOWN ADMINISTRATOR/CLERK’S REPORT –

A. Community Development (16-118) B. Police (Page 119-124) C. Code Enforcement (page 125) D. Public Works –consider contract with

Nathan Lewellen(Page 126-134)

VII. APPROVAL OF INVOICES –(Page 135-137) VIII. ATTORNEY COMMENTS IX. COUNCIL MEMBER COMMENTS

IF A PERSON DESIRES TO APPEAL ANY DECISION MADE BY THE TOWN COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT, FOR SUCH PURPOSE, AFFECTED PERSONS MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE WHICH THE APPEALS IS TO BE BASED. (F.S. 286.26.105)

Regular Council Meeting Agenda July 11, 2017

ADJOURNMENT

TOWN OF LAKE HAMILTON TOWN COUNCIL BUDGET WORK SHOP MINUTES TUESDAY, JUNE 6, 2017

4:30 PM

Call To Order/Invocation/Pledge/Roll Call –Mayor Wagner called the budget workshop to order at 4:34 p.m. The invocation and pledge were dispensed with until the Regular meeting. Members present: Kehoe, O’Neill, and Mayor Wagner. Tomlinson and Roberson were absent. Clerk Irvine, Planner Leonard, Chief Teague and PW Dir Lewellen were present. A. 2017-2018 Preliminary Budget discussion: A draft budget was presented with June 1st estimates. Irvine reported the final estimate will be ready July 1st which should give her plenty of time to draft an updated budget with those estimate. Council consensus was to use a mileage rate of 8.4276 for now. Staffing levels were discussed. The CIP was reviewed and requested to be updated and ready to adopt when the final budget was complete. The next budget workshop will be July 11, 2017 at 4:30 PM. Mayor Wagner closed the workshop at 5:45 PM. ATTEST: _____________________________ Sara K. Irvine, Town Administrator/Clerk Marlene M. Wagner, Mayor

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MINUTES TOWN COUNCIL REGULAR MEETING

TUESDAY, JUNE 6, 2017 6:00 PM

The Town Council of Lake Hamilton held a Regular Meeting on Tuesday June 6, 2017 at 100 Smith Ave, Lake Hamilton, FL 33851. CALL TO ORDER Mayor Wagner called the meeting to order at 6:00 p.m. INVOCATION

Invocation was given by Council Member Roberson.

PLEDGE OF ALLEGIANCE Pledge of Allegiance led by all ROLL CALL Kehoe, O’Neill, Roberson, Wagner, Admin/Clerk Irvine and Attorney Dawson. Tomlinson was absent. APPROVAL OF MINUTES

Motion Made by Kehoe and a second by O’Neill to approve the minutes of the May 2, 2017 Budget Workshop and the May 2, 2017 Regular meeting. Motion Carried 4-0.

RECOGNITION OF CITIZENS/SPECIAL PRESENTATION: No one signed up to speak.

Town Presentations – Field Representative for Congressman Darren Soto, Darren Vierday was present to announce they are available in Polk County in the Winter Haven Satellite Office Monday, Tuesday, Thursday, and Friday and a grand opening for the office will be held on June 19. 2017. They will have open hours in Haines City at city hall on Wednesday’s. Chief Teague announced the hiring of two new Police Officers. Byron Lorenzo, the new full-time officer started two weeks ago and Daniel Hicks, a reserve officer was welcomed to the Town. Proclamations- Diane Slaybaugh from Polk TPO was presented with a proclamation for Slow Down Month. Town Administrator, Irvine read the proclamation and the Council proclaimed the Month of June pledge to slow down month, followed by a picture with Council and Staff. OLD BUSINESS: Mayor Wagner closed the regular meeting and called the public hearing to order at 6:13 PM.

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Page | 2 June 6, 2017 Regular Meeting Minutes Public Hearing – Second reading: Ordinance 2017-07 Duke Energy Franchise Fee Attorney Dawson read the ordinance title for the record, Ordinance 2017-07: An Ordinance granting to Duke Energy Florida, LLC, a Florida limited liability company d/b/a Duke Energy, a non-exclusive electric utility rights of way utilization franchise; prescribing the terms and conditions related to the occupancy of municipal streets and rights of way in the Town of Lake Hamilton, Florida, for the purpose of providing electric service; providing for severability of provisions; and providing an effective date. Motion by Kehoe/2nd Roberson to adopt Ordinance 2017-07. Mayor Wagner asked for comments. There were no comments. MOTION CARRIED on a roll call vote 4 Aye (Kehoe, O’Neill, Roberson, Wagner) – 0 Nay. Ordinance 2017-05 Amend Comprehensive Plan- Water supply plan updates. Attorney Dawson read the Ordinance title for the record: An Ordinance of the Town of Lake Hamilton, Florida, amending the Lake Hamilton comprehensive plan, revising the infrastructure, water supply facilities sub-element, conservation, intergovernmental coordination and capital improvements elements, based on the Town’s ten-year water supply facilities work plan incorporated herein; and adopting the Town of Lake Hamilton 5-year capital improvements plan, incorporated herein; providing for transmission to the Florida Department of Economic Opportunity for review and compliance; providing for severability; providing for conflict; and providing for an effective date. Motion by Kehoe/2nd O’Neil to adopt Ordinance 2017-05. Mayor Wagner asked for comments. Leny Huaman from the Central Florida Regional Planning Council stated they supplied the plan to all state agencies and they all were approved however there were comments from the water management district which they addressed the concerns and the water supply plan is in good shape. Planner Leonard- There was a level of service of 130 gallons per day per person and a year ago we were at 180 gallons per person and now we are down to 138 gallons per person per day. The water management district wants the Town to stay at 130 and if we stay between 130 to 140 it will be under the 150 gallons per person per day that are the maximum gallons accepted by the water management district. MOTION CARRIED on a roll call vote 4 Aye (Kehoe, O’Neil, Roberson, Wagner)- 0 Nay Mayor Wagner closed the public hearing at 6:18 PM and reconvened the regular meeting. PUBLIC MEETING: Application to the USDA for Water and Waste Disposal Loan and Grant Program Doug Jones from Chastain Skillman presented the work that has been completed over the past year. They created water maps for the project, tested fire hydrants, identified water pressures, identified water pipes that need to be replaced. They looked into replacing older pipes that dead end which is where issues can arise with water quality. They also have identified water line work that needs to be done and looping lines to reduce the amount of flushing that is being done currently in the Town. No benefit to the Town in this option was discovered through this route other than maintaining water quality. In the preliminary report for USDA, replacing all the pipes is not an option. The best option for the Town would be for the health and safety, to add multiple lines and extensions to reinforce the water system which also aids growth. There will still be dead end lines that will need to be flushed, but half would be eliminated with this option. It also will eliminate costs and lower daily water use per person that is regulated by SWFMD. The

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Page | 3 June 6, 2017 Regular Meeting Minutes grant may cover an estimated 75% of the projected cost of the project. The projected total cost of the project is 4.2 million dollars. Approve Phase 1 US 27 Wastewater System Improvements Project Agreement with Town of Dundee. There were no comments on the content of the agreement, but concerns were discussed if the Town of Dundee would deposit the funds at the time of the execution of the agreement. June 13th of 2017 Dundee to see if they are prepared to execute the agreement. Steps needed to progress would be to delegate the Town to move funds of $159,766 to issue payment for installation which is the Town’s share. Staff recommends to approve. Motion by O’Neil/ 2nd by Kehoe to set aside funds of $159,766 and to approve Phase 1 wastewater improvements project. MOTION CARRIED by roll call vote 4-0 (aye) Kehoe, O’Neil, Roberson, Wagner. Police Vehicle purchase/lease in lieu of grant. Doug Leonard had an update from Silvia Robinson, USDA office and they confirmed the money will be allocated to States within 30 days. Renovations may be before that. One more 30-day period would be sufficient and to go ahead and order the police vehicles to get them into production and pay for them 30 to 45 days after they are ready. There is still no answer if it would affect funding from the USDA. Chief said the cars are limited and the officers are sharing vehicles and they are in dire need of new vehicles immediately. A special meeting could be called after Planner Leonard talks to Silvia from USDA in the morning to see if ordering the vehicles would affect funding. The Mayor is to schedule a special meeting on Friday at 3 PM to talk about ordering of the vehicles. Motion by Kehoe/ 2nd by Roberson to allow Town administrator to proceed with ordering vehicles after information is obtained by USDA without endangering the grant. No Comments MOTION CARRIED by roll call vote 4-0 (aye) Kehoe, O’Neil, Roberson, Wagner. Chief asked if the $3000 extra for the warranties on the vehicles could be worked into the grant, and discussion would be held later. NEW BUSINESS First Reading Ordinance 2017-08 Sex Offender Restrictions – Motion by Kehoe/ 2nd Roberson to approve Ordinance 2017-08 on first reading. Mayor Wagner asked for comments. No comments. MOTION CARRIED on a roll call vote Aye (Kehoe, O’Neil, Roberson, Wagner)- Nay 0. Republic Services price adjustment. Debbie Mullen was present on behalf of Republic Services. She explained that the contract with the Town was renewed for 3 years in which they

Attorney read the title for the record: an O rdinance of the Town council of the Town of Lake Hamilton , Florida , adopting the Polk C ounty sex offender/designated predator residence restriction ordinance, Polk C ounty Ordinance No. 08 - 048, as may be amended from time to time, relating to the residences of sexual offenders (those convicted of a violation of §794.011, §800.04, §827.071 or §847.0145, Florida statutes or equivalent violation in another state regardless of whether adjudication has been withh eld) within the town limits of L ak e Hamilton ; providing for a prohibition against sexual offenders living within 2,500 feet of schools, day care centers, public parks, public playgrounds within t he town limits of L ake Hamilton ; providing for codification; providing for conflicts; providing for severability; and providing an effective date.

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Page | 4 June 6, 2017 Regular Meeting Minutes reduced the residential price per customer from $14.25 to $13.73 and added annual street sweeping. They are requesting a rate increase for the new fiscal year for $.28 per residential customer and $.13 per cubic yard for commercial customers based on the language in the contract. It will help to cover insurance expenses and other increases the company has been faced with. Comments: Roberson specified she did not agree with the contract renewal before and does not agree to the rate increase. Debbie stated the company held up the reduction for one year and that the increase will not start until October. The price increase will not be passed onto customers. Motion by O’Neil/ 2nd by Kehoe to approve price increase for Republic Services, $.28 per residential customer and $.13 per cubic yard for commercial customers. No Comments. MOTION CARRIED 3-1 Roberson. Polk County CDBG opt out. Staff recommends opting out of the Polk County CDBG and to stay in the Small Cities as there is more chance to get a grant to move forward on the Lake Gordon Project. Motion by O’Neil/ 2nd by Kehoe to opt out of the Polk County CDBG. No Comments. MOTION CARRIED. TOWN ADMINISTRATOR/CLERK’S REPORT: COMMUNITY DEVELOPMENT Included in packet. Parks are closing out, two are finished and a survey will have to be done through Fred Fox. Once everything is in position and everything is closed out, reimbursement of $50,000 for each park from the grant will be available. Questions about the Trail that was put in were answered by Nathan Lewellen and Doug Leonard, they stated they completed Phase 1 and will maintain the area, and additional phases will be worked on, in which they plan to add seating, maybe a parking lot, fields or more park area. They also stated if the grant was matched with $25,000, the amount granted would be much more. Chief Teague gave light on issues that were arising at the Park bathrooms. POLICE: Included in packet. CODE ENFORCEMENT: Was not ready when packets were sent out, but was supplemented with an email. PUBLIC WORKS: Included in packets. Council questioned the enacting of a consent agenda, Irvine stated it would have to be brought up next month because the rules and procedures would need to be updated and brought to next council meeting. APPROVAL OF INVOICES: Motion made by Kehoe and a second by Roberson to approve invoices for May. Motion carried. ATTORNEY COMMENTS: None

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Page | 5 June 6, 2017 Regular Meeting Minutes COUNCIL COMMENTS: None ADJOURNMENT: Motion made by Kehoe and a second by O’Neil to adjourn the meeting at 7:21 pm. Motion carried. Minutes transcribed by Brittney Sandovalsoto ATTEST:

________________________________

____________________________ Administrator/Clerk Sara K. Irvine Marlene M. Wagner, Mayor

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TOWN COUNCIL SPECIAL MEETING AGENDA

JUNE 13, 2017 12:00 P.M.

I. Call to Order – Mayor Wagner called the meeting to order at 12:01 PM II. Roll Call – Wagner, Kehoe and O’Neill were present. Tomlinson and Roberson were

absent. Administrator/Clerk Irvine and Attorney Dawson were present. III. Invocation and Pledge –Motion by Kehoe/O’Neill to dispense with the invocation and

reciting of the pledge. Motion carried 3-0. V. SPECIAL MEETING BUSINESS – A. Police Vehicle purchase/lease in lieu of grant – Irvine reported that we still do not have a final answer on the USDA grant money for the vehicles. Irvine would like the council to make a commitment to funding the vehicles if the grant money does not come through. Motion by O’Neill/Kehoe to have staff order seven (7) police cruisers with the hope of receiving partial grant from the USDA and revisit the topic at the July 11th regular meeting regarding a payment process. There was no discussion. Motion carried 3-0. VI. Adjourn – Motion by Kehoe/O’Neill to adjourn the meeting at 12:14 PM. All voted in favor.

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ORDINANCE 2017-08

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LAKE HAMILTON, FLORIDA, ADOPTING THE POLK COUNTY SEX OFFENDER/DESIGNATED PREDATOR RESIDENCE RESTRICTION ORDINANCE, POLK COUNTY ORDINANCE NO. 08-048, AS MAY BE AMENDED FROM TIME TO TIME, RELATING TO THE RESIDENCES OF SEXUAL OFFENDERS (THOSE CONVICTED OF A VIOLATION OF §794.011, §800.04, §827.071 OR §847.0145, FLORIDA STATUTES OR EQUIVALENT VIOLATION IN ANOTHER STATE REGARDLESS OF WHETHER ADJUDICATION HAS BEEN WITHHELD) WITHIN THE TOWN LIMITS OF LAKE HAMILTON; PROVIDING FOR A PROHIBITION AGAINST SEXUAL OFFENDERS LIVING WITHIN 2,500 FEET OF SCHOOLS, DAY CARE CENTERS, PUBLIC PARKS, PUBLIC PLAYGROUNDS WITHIN THE TOWN LIMITS OF LAKE HAMILTON; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Polk County Board of County Commissioners has adopted an ordinance

similar hereto and has cited numerous studies, experts and reasons for the adoption of that

ordinance; and

WHEREAS, the Town Council of the Town of Lake Hamilton deems it in the best

interests of the Town to adopt the Polk County Sex Offender/Designated Predator Residence

Restriction Ordinance, as may be amended from time to time.

NOW, THEREFORE, be it ordained and enacted by the people of the Town of Lake

Hamilton, Florida, as follows:

1. The Polk County Sex Offender/Designated Predator Residence Restriction

Ordinance, Polk County BOCC Ordinance No. 08-048, as may further be amended from time to

time, is hereby adopted by reference.

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2. It shall be unlawful for a person to violate the terms of the Polk County Sex

Offender/Designated Predator Residence Restriction Ordinance within the corporate limits of the

Town of Lake Hamilton, Florida.

3. If a conflict shall arise between the application of this Chapter and the provisions

of the Polk County Sex Offender/Designated Predator Residence Restriction Ordinance, the

provision of this Chapter shall prevail.

4. A copy of the Polk County Sex Offender/Designated Predator Residence

Restriction Ordinance shall be kept on file with the City Clerk.

5. It is the intent of the Town Council that the provisions of Exhibit “A” shall

become codified and made part of the Code of Ordinances of the Town of Lake Hamilton, and

the sections cited in this Ordinance and set forth in Exhibit “A” hereto may be renumbered,

reformatted or re-lettered to accomplish such intention.

6. All ordinances or resolutions in conflict herewith are hereby repealed to the extent

necessary to give this Ordinance full force and effect.

7. Should any section, paragraph, clause, sentence, item, word or provision of this

Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect

the validity of this Ordinance as a whole, or any part hereof, not so declared to be invalid.

8. This Ordinance shall take effect immediately upon its adoption by the Town

Council of the Town of Lake Hamilton, Florida.

INTRODUCED on first reading this day of , 2017.

PASSED on second reading this day of , 2017.

TOWN OF LAKE HAMILTON, FLORIDA

MARLENE M. WAGNER, MAYOR

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ATTEST: ________________________________________ SARA K. IRVINE, TOWN ADMINISTRATOR Approved as to form: ________________________________________ CITY ATTORNEY, JEFFREY S. DAWSON

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ORDINANCE 2017-08 EXHIBIT “A”

1. The Town Council of the Town of Lake Hamilton, Florida adopts all provisions of

the Polk County Sex Offender/Designated Predator Residence Restriction Ordinance, Polk County, Florida, Ordinance No. 08-048, as may be amended from time to time by the Polk County Board of County Commissioners.

2. It shall be unlawful for a person to violate the provisions of the Polk County Sex

Offender/Designated Predator Residence Restriction Ordinance with the Town.

3. If a conflict should arise between the application or enforcement of this chapter and the provisions of the Polk County Sex Offender/Designated Predator Residence Restriction Ordinance, the provisions of this chapter shall prevail.

4. A copy of the Polk County Sex Offender/Designated Predator Ordinance shall be

maintained in the office of the City Clerk.

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TOWN OF DUNDEE - TOWN OF LAKE HAMILTON

PHASE 1 U.S. 27 WASTEWATER SYSTEM IMPROVEMENT

PROJECT AGREEMENT

THIS AGREEMENT is made and entered into this ____ day of ___________, 2017, by and

between the TOWN OF LAKE HAMILTON, a Florida municipal corporation (hereinafter

“LAKE HAMILTON”) and the TOWN OF DUNDEE, a Florida municipal corporation

(hereinafter “DUNDEE”).

RECITALS

Whereas, DUNDEE owns and operates a wastewater system located in Polk County, Florida

(hereinafter “Dundee Wastewater System”) that currently has available wastewater

treatment capacity; and

Whereas, LAKE HAMILTON does not have a wastewater system and wishes to connect to and

extend the Dundee Wastewater System in order to serve customers within its Corporate

Limits; and

Whereas, DUNDEE and LAKE HAMILTON executed a Memorandum of Agreement dated

July 29, 2008 to “work cooperatively to explore the extension, development, financing

and the general provision of wastewater collection and conveyance services along the

U.S. Highway 27 Corridor through both communities” and reaffirmed their agreement in

a Memorandum of Understanding and Mutual Support dated March 3, 2015; and

Whereas, LAKE HAMILTON contracted with Envisors, LLC for the design of the extension of

the Dundee Wastewater System and paid a fee of $97,690 to Envisors, LLC in order to

make the project “shovel ready”; and

Whereas, LAKE HAMILTON and DUNDEE covenant and agree that they have the power and

authority to enter into this Agreement and bind their respective governmental entities to

the provisions of this Agreement.

Accordingly, in consideration of the Recitals, covenants, agreements and promises herein

contained, and other good and valuable consideration the receipt and sufficiency of which

is hereby acknowledged by the parties, the parties covenant and agree as follows:

SECTION 1: RECITALS - The above Recitals are true and correct, and form a material part of

this Agreement upon which the parties have relied.

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Dundee – Lake Hamilton

Phase 1 U.S. 27 Wastewater System Improvement Project Agreement

Page 2

SECTION 2: DEFINITIONS - The parties agree that in construing this Agreement, the

following words, phrases, and terms shall have the following meanings unless the context

indicates otherwise:

2.1 “Agreement” means this Town of Dundee - Town of Lake Hamilton Phase 1 U.S. 27

Wastewater System Improvement Project Agreement as it may from time to time be modified.

2.2 “Collection Facilities” means the lines, pipes, meters and appurtenant equipment owned

by DUNDEE and LAKE HAMILTON to collect sewage and to transmit same to DUNDEE

treatment facilities.

2.3 “Dundee Wastewater System” means the collection and transmission facilities and

Dundee’s treatment facilities in which sewage is received, collected, transmitted, treated,

detailed, and disposed of in accordance with applicable permits, rules, regulations, ordinances,

and laws.

2.4 “Sewage” or “Wastewater” means water carrying wastes from business uses, institutions,

industrial establishments and residential customers, but does not mean or include hazardous or

toxic wastes.

2.5 “Transmission Facilities” means those lift stations, including but not limited to master lift

stations, lines, pipes, force mains, pumps, meters and appurtenant equipment used by DUNDEE

and LAKE HAMILTON to transmit wastewater from the point of connection to the headworks

of treatment facilities.

2.6 “Impact Fees” means those fees established by DUNDEE for the cost of providing the

capacity in the Dundee Wastewater System to serve new development and/or development new

to the system, which fees are collected by either DUNDEE or LAKE HAMILTON or both, in

accordance with this Agreement and applicable ordinances and laws.

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SECTION 3: PROJECT BACKGROUND – The Dundee Wastewater System has excess

treatment capacity and currently does not serve business properties with frontage on U.S.

Highway 27 between Frederick Avenue and its northern municipal limits, a distance of

approximately two thousand seven-hundred (2,700’) feet. LAKE HAMILTON does not have a

wastewater system serving any part of LAKE HAMILTON, but found that businesses located on

U.S. Highway 27 that are located within the municipal limits of LAKE HAMILTON were

experiencing recurring maintenance and a high incidence of septic system failures due to poor

soils and high water table. Because of these problems, LAKE HAMILTON qualified and began

applying for grants and loans in 2013 from the Florida Department of Environmental Protection

(FDEP).

After receiving approval of the grant and loan detailed in the following SECTION 4, DUNDEE

and LAKE HAMILTON are cooperatively extending and improving the Dundee Wastewater

System in order for it to serve largely existing businesses that have frontage on U.S. Highway 27

in both DUNDEE and LAKE HAMILTON.

SECTION 4: FUNDING – LAKE HAMILTON applied for and secured approval of a grant

and loan from the FDEP, Clean Water, State Revolving Fund (SRF) in the amount of $1,451,509

to fund the Phase 1 U.S. 27 Wastewater System Improvements Project. The funding is an eighty

percent (80%) grant in the amount of $1,161,208 and a loan of twenty percent (20%) in the

amount of $290,302.00, plus a Loan Service Fee of 2% and Capitalized Interest for a total of

$319,532.00.

SECTION 5: FINANCIAL OBLIGATIONS – Upon, or before, the execution of this

Agreement, DUNDEE and LAKE HAMILTON shall establish and fully fund a Loan Repayment

Reserve Account in the amount of $319,532.00. DUNDEE will deposit $159,766.00 from legally

available unrestricted cash reserves on hand in its General Fund and LAKE HAMILTON

likewise will deposit $159,766.00 from legally available unrestricted cash reserves on hand in its

General Fund to the aforementioned Reserve Account. LAKE HAMILTON will be solely

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responsible for the SRF Loan set forth in Section 4 of this Agreement but DUNDEE agrees to

assist in funding said reserve fund as set forth in this Section.

SECTION 6: CONNECTION TO TRANSMISSION FACILITIES – LAKE HAMILTON

has conducted a bid process and awarded, with the approval of FDEP – SRF, the Phase 1 U.S.

27 Wastewater System Improvements Project to Tri-Sure Corporation of Auburndale, Florida, a

licensed underground utilities contractor. LAKE HAMILTON has contracted with Tri-Sure

Corporation to construct the project and with Envisors, LLC to provide construction engineering

and inspections, and shall be responsible for all payments and final acceptance of the project.

Notwithstanding anything contained herein to the contrary, this Agreement is contingent upon

the construction and extension of DUNDEE’s wastewater collection system north from the

intersection of Frederick Avenue in DUNDEE and U.S. Highway 27 along the east side of U.S.

27 approximately two thousand seven hundred (2,700) feet to the common municipal limits of

DUNDEE and LAKE HAMILTON, then under and across the highway to the west side and

thence north approximately four thousand five hundred (4,500) feet to a point approximately two

hundred (200) feet north of the north property line of Sample Park in LAKE HAMILTON, last

serving Polk County Appraiser’s Parcel ID No. 272817829000000212. The project is depicted

on the map attached to and incorporated in this Agreement as Exhibit “A”.

Upon connection of the collection facilities in LAKE HAMILTON to DUNDEE’s transmission

facilities, any customers who will connect to the collection facilities that are located within the

municipal limits of LAKE HAMILTON shall be LAKE HAMILTON’s customers and shall pay

LAKE HAMILTON’s rates, fees, charges and deposits for such wastewater service which shall

be consistent with the rates set by DUNDEE. LAKE HAMILTON shall be the party responsible

for determining all terms of service with its customers, including but not limited to discontinuing

services to customers provided for hereunder if customers fail to pay bills for service.

SECTION 7: OPERATION AND MAINTENANCE OF FACILITIES: – LAKE

HAMILTON shall be responsible for operation and maintenance of collection and transmission

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facilities and any and all costs and expenses associated therewith within the municipal limits of

LAKE HAMILTON to the outlet side of the meter detailed in SECTION 9 below. DUNDEE

shall be responsible for the operation and maintenance of collection and transmission facilities

and any and all costs and expenses associated therewith within the municipal limits of DUNDEE

to the connection to the existing force main on Frederick Avenue and the wastewater system

beyond. DUNDEE reserves the right to inspect and consult with LAKE HAMILTON on the

collection and transmission facilities located within the municipal limits of LAKE HAMILTON.

For the purpose of making such inspections, DUNDEE shall have the right to enter the service

area and municipal limits of LAKE HAMILTON as may be required under ordinary or necessary

circumstances, after having called the LAKE HAMILTON Public Works Director to give him

the opportunity to accompany DUNDEE personnel on the inspection. Liability insurance to

adequately protect each other shall be as stated in the Memorandum of Understanding and Mutual

Support dated March 3, 2015.

SECTION 8: IMPACT FEES – Currently DUNDEE charges a wastewater impact fee of

$4,793.67 for new commercial wastewater customers outside the municipal limits of

Dundee. For the 32 businesses that are the basis for approval of the clean water SRF grant and

loan only, during the first 2 years after project completion, LAKE HAMILTON will collect 50%

of the impact fee amount from new commercial wastewater customers. , The remaining 50% of

the impact fee will be paid to DUNDEE by LAKE HAMILTON from LAKE HAMILTON’S

legally available funds and the total amount of the impact fee in the amount of $4,793.67 will be

remitted by LAKE HAMILTON to DUNDEE within thirty (30) days of collection. If DUNDEE

is able to waive a portion of its impact fee without violating applicable bond covenants,

DUNDEE may agree to waive up to 50% of the impact fee for such 32 businesses during the first

2 years after project completion. In furtherance of same, DUNDEE will seek an opinion from its

bond holder prior to project completion regarding the propriety of such waiver under DUNDEE’S

existing bond covenants. Any such waiver by DUNDEE would need to be reflected in either an

amendment to this Agreement or another Agreement approved by the governing body of each

party.

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For all new commercial wastewater customers, LAKE HAMILTON will transmit the full amount

of DUNDEE’S impact fee to DUNDEE within thirty (30) days of collection. DUNDEE agrees

that LAKE HAMILTON shall collect the impact fee for connections in LAKE HAMILTON in

accordance with the preceding paragraph of this SECTION for the duration of this Agreement

and within thirty (30) days shall transmit to DUNDEE the DUNDEE impact fees so collected.

The parties further agree that at least every five (5) years or sooner if determined necessary and

desirable by either LAKE HAMILTON or DUNDEE, they will first independently and then

mutually review and audit, if necessary, the financial assumptions that this Agreement is founded

upon and make whatever adjustments and modifications as they may deem necessary to ensure

the fair and equal standing of the parties and that the best interests of the customers and citizens

of each community are advanced and protected. Any costs and expenses for such reviews and

audits shall be borne by the party seeking same.

SECTION 9: WASTEWATER STANDARDS – The parties mutually agree that after

connection to the collection, transmission and treatment facilities provided for herein, DUNDEE

and LAKE HAMILTON, if applicable, will comply with all state, regional and federal

requirements and rules applicable to the provision of wastewater service to the public. However,

neither DUNDEE nor LAKE HAMILTON guarantee or warrant any special service, pressure,

quality, capacity, availability or other facility other than that required to fulfill the duty of

reasonable care to the customers to whom are provided wastewater service.

LAKE HAMILTON acknowledges and recognizes that in the operation and maintenance of the

DUNDEE water and sewer system, DUNDEE is obligated to protect the health, safety and

welfare of the residents, citizens, and customers of DUNDEE and to prevent an undue burden to

DUNDEE’s customers resulting from extraordinary discharges from whatever source. LAKE

HAMILTON agrees that all sewage collected by LAKE HAMILTON and transmitted to

DUNDEE shall conform to DUNDEE’s standards prior to introduction into DUNDEE’s

transmission system. LAKE HAMILTON for itself and its customers agrees to abide by all sewer

use ordinances, resolutions, permits, rules, regulations and laws related to the use of and

discharge to the DUNDEE utility system. Upon request by LAKE HAMILTON, DUNDEE will

provide LAKE HAMILTON copies of all applicable ordinances, resolutions, permits, rules, and

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regulations in effect at the date of this Agreement and as same may be amended or adopted from

time to time.

SECTION 10: SEWAGE METERING – LAKE HAMILTON agrees to maintain and repair,

if necessary, at the point of connection between DUNDEE’s wastewater system and LAKE

HAMILTON’s collection facilities, metering equipment and flow pressure in accordance with

sound engineering design requirements and such as will allow proper velocities and operation in

conjunction with the operation of DUNEE’s transmission and treatment facilities. LAKE

HAMILTON shall provide DUNDEE with copies of all records of any and all maintenance and

repairs performed for said metering equipment, including but not limited to, calibration records

related to such metering equipment. Within thirty (30) business days of DUNDEE’s receipt of

such records, DUNDEE shall have the ability to check and/or confirm the accuracy of such

maintenance and repairs. LAKE HAMILTON agrees to work cooperatively with DUNDEE and

comply with all reasonable requests made by DUNDEE pertaining to same.

The metering equipment has been designed by LAKE HAMILTON’s Engineer and will be

installed by LAKE HAMILTON’s Contractor in accordance with approved and permitted project

plans. The meter and associated metering equipment shall be the property of LAKE

HAMILTON and LAKE HAMILTON shall be responsible for the operation, maintenance and

replacement and repairs, if necessary, of the meter and associated metering equipment and all

costs and expenses associated therewith in accordance with all applicable permits, rules,

regulations, ordinances, laws, and this Agreement. DUNDEE shall perform the meter reading

and shall prepare and submit a monthly bill to LAKE HAMILTON based thereon. Both LAKE

HAMILTON and DUNDEE shall have the right to read and test the meter and coordinate with

each other in reading, inspections and tests to verify the accuracy of the bills, equipment and the

meter.

The meter and associated metering equipment shall record flow with an error rate not to exceed

plus or minus two percent (2%) of full scale reading, so that it is suitable for billing purposes.

Subject to the terms of this Agreement, if the meter is determined to have operated in error the

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bill shall be adjusted for the time period in which the error occurred. In calculating such billing

adjustment, it will be assumed that the meter inaccuracy existed one-half (1/2) of the entire time

interval between meter accuracy checks by either party, unless the period of inaccuracy is shown

to exist for a more definite period, in which case the more definite period shall be the basis for

the billing adjustment. The billing adjustment shall be made at the same rate established from

time to time by mutual agreement of the parties.

SECTION 11: WASTEWATER CHARGES – DUNDEE agrees to provide transmission,

treatment and disposal of LAKE HAMILTON’s wastewater for an initial charge of Three Dollars

($3.00) per thousand gallons of wastewater. Billing shall be monthly by DUNDEE and billings

shall become due and payable within thirty (30) days from the receipt of the bill by LAKE

HAMILTON in accordance with Ordinances and laws applicable thereto. DUNDEE

acknowledges that LAKE HAMILTON will charge its users a monthly service based on

DUNDEE’S adopted rates which is the rate DUNDEE charges customers outside its Corporate

Limits.

The parties acknowledge that the rates are not in excess of the lowest rates now available to any

bulk use customer for equivalent wastewater service, and agree that during the life of this

Agreement, for as long as LAKE HAMILTON is a customer of DUNDEE, LAKE HAMILTON

shall continue to be billed at the lowest available rates for equivalent service as may be

established by applicable Ordinances, laws and consistent with contractual obligations to which

DUNDEE is obligated to perform related to its utility services.

SECTION 12: CHANGE OF RATES: – In the event DUNDEE shall propose any new rate

schedule or amended rate schedule applicable to wastewater service during the term of this

Agreement, DUNDEE shall forward to the Town Council of LAKE HAMILTON, through the

Town Administrator/Clerk, a copy of such rate schedule or amended rate schedule thirty (30)

days prior to consideration by the DUNDEE Town Commission. LAKE HAMILTON shall be

given an opportunity to review the cost data associated with the rate change, but shall have no

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authority over the change. If the DUNDEE Town Commission votes to adopt a rate increase, the

charges shall become effective no sooner than thirty (30) days after adoption.

SECTION 13: PROJECTED WASTEWATER CAPACITY NEEDS – DUNDEE agrees

that it can provide LAKE HAMILTON’s reasonably foreseeable wastewater service capacity

needs through Dundee’s Wastewater System. At the date of this Interlocal Agreement,

DUNDEE’S maximum wastewater treatment plant capacity is 620,000 gallons per day (gpd), but

the average treatment flow is 180,000 gpd. LAKE HAMILTON estimates that the reasonably

foreseeable projected need for wastewater flow in gpd will be 150,000 gpd by 2025 and 250,000

gpd by 2035, based on long range projections and comparisons of population growth by the

Bureau of Business and Economic Research (BEBR) at the University of Florida, the Southwest

Florida Water Management District (SWFWMD), and the Polk County Transportation Planning

Organization (PTPO).

SECTION 14: NOTICES – All notices required by this Agreement shall be in writing and shall

be either delivered in person, sent by overnight courier such as United Parcel Service or Federal

Express, or mailed by United States Mail, certified with return receipt requested and all postage

charges prepaid. Any notice mailed in accordance with these standards to the proper address as

set forth below shall be deemed to be effective three days after the date of the postmark; notices

delivered in person shall be effective upon delivery; and notices sent by overnight courier shall

be effective as of the next business day after being placed in the hands of the courier service,

properly addressed; and any time period shall begin running as of that date, whether or not the

notice is actually received. Notices shall be given in the following manner, or in such other

manner as may be directed by either party, in writing, from time to time.

DUNDEE: Town Manager

Town of Dundee

P.O. Box 1000

Dundee, FL 33838

With a copy to: Frederick J. Murphy, Jr., Esquire

(which shall not Town Attorney

constitute notice) Boswell and Dunlap LLP

P.O. Drawer 30

Bartow, FL 33831

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LAKE HAMILTON Town Administrator/Clerk

Town of Lake Hamilton

P.O. Box 126

Lake Hamilton, FL 33851

SECTION 15: FORCE MAJEURE – Any temporary cessation of flow and disposal of sewage

caused by an Act of God, fire, strike, casualty, necessary maintenance work, breakdown of or

injuries to machinery, pumps or pipe lines, civil or military authority, insurrection or riot shall

not constitute a breach of this Agreement on the part of DUNDEE, and DUNDEE shall not be

liable to LAKE HAMILTON or its inhabitants for any damage resulting from such cessation of

service. In the case of a partial cessation of service, LAKE HAMILTON shall be treated like all

others, similarly situated, using the wastewater treatment plant and system.

However, if DUNDEE for any reason is unable to perform its obligations under this Agreement,

then LAKE HAMILTON may use any means, whether permanent or interim, wholesale or retail,

public or private, authorized by law to provide wastewater service to LAKE HAMILTON

customers, with no further liability to each other by either party to this Agreement.

SECTION 16: DISCLAIMER OF THIRD PARTY BENEFICIARIES – This Agreement is

solely for the benefit of the parties hereto and no right or cause of action shall accrue upon or by

reason hereof, to or for the benefit of any third party not a party hereto.

SECTION 17: NO PARTNERSHIP OR JOINT VENTURE - Nothing in this Agreement

shall be construed to create a partnership or joint venture between the Parties.

SECTION 18: ASSIGNMENT – This Agreement shall be binding on the parties hereto and

their representatives and successors. Neither party shall assign this Agreement, or any of the

rights nor obligations set forth herein, to any another party without the prior written consent of

the other party and the approval of each party’s respective governing body.

SECTION 19: SEVERABILITY – If any part of this Agreement is found invalid or

unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of

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the Agreement, if the rights and obligations of the parties contained herein are not materially

prejudiced and if the intentions of the parties can continue to be effected. To this end, this

Agreement is declared severable.

SECTION 20: RECORDATION – The parties hereto agree that an executed copy of this

Agreement and Exhibits attached hereto shall be recorded in the Public Records of Polk County

at the expense of the parties, said expense to be shared equally.

SECTION 21: TIME OF THE ESSENCE – Time is hereby declared of the essence to the

lawful performance of the duties and obligations contained in this Agreement.

SECTION 22: APPLICABLE LAW AND VENUE – This Agreement and the provisions

contained herein shall be construed, controlled and interpreted according to the laws of the State

of Florida. Venue for any actions arising under this Agreement shall be in the State Courts in

and for Polk County, Florida or the United States District Court in and for the Middle District of

Florida, Tampa Division.

SECTION 23: TERM OF THE AGREEMENT – This Agreement shall be effective when

executed by both parties hereto and approved by each parties governing body and shall remain

in full force and effect for a period of twenty (20) years and thereafter shall automatically be

extended for succeeding periods of ten (10 years each, unless (1) either party provides notice of

termination to the other party only in the fifteenth, fourteenth or thirteenth month prior to

expiration of the term of this Agreement or any extension thereto; or (2) the parties otherwise

agree to terminate the Agreement. A unilateral termination of this Agreement, except as

otherwise provided herein, at any other time by either party shall be prohibited.

SECTION 24: ENTIRE AGREEMENT – This instrument constitutes the entire Agreement

between the parties and supersedes all previous discussion, understandings and agreements

between the parties relating to the subject matter of this Agreement. Amendments to and waivers

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of the provisions herein shall be made by the parties in writing by formal amendment, as

approved by each party’s respective governing body.

IN WITNESS WHEREOF, the Parties hereto have hereunder executed this Agreement on the

date and year first written above.


ATTEST: Polk County, Florida

_________________________________ ___________________________________

Sara K. Irvine, Town Administrator/Clerk Marlene M. Wagner, Mayor

(SEAL)

Approved as To Form:

_________________________________

Jeffry S. Dawson, Town Attorney

TOWN OF DUNDEE

ATTEST: Polk County, Florida

_________________________________ ___________________________________

Deena Ware, Town Clerk Samuel Pennant, Mayor

(SEAL)

Approved as To Form:

_________________________________

Frederick J. Murphy, Town Attorney

024

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FIGURE 2 PROPOSED PROJECT LAYOUTPROJECT PLANEXHIBIT "A"Page 12

025

2017


100 Smith Avenue

Lake Hamilton, Fl. 33851

Adopted July 11, 2017

Town Council Rules of Procedures

The purpose of these rules is to provide for the smooth and orderly functioning of the business of the Town Council and to provide a basis for resolving questions of procedure when they arise.

026

Town Council Rules of Procedure for the Town of Lake Hamilton 1 | P a g e

Table of Contents

PUBLIC MEETINGS (Florida Statues 286.0114) .......................................................................................... 2 1.01 - GOVERNING RULES ........................................................................................................................... 2 1.02 - INTRODUCTION .................................................................................................................................. 2 1.03 - DEFINITIONS ...................................................................................................................................... 2 1.04 - COUNCIL MEETINGS .......................................................................................................................... 2 1.05 - SPECIAL, EMERGENCY & WORKSHOP MEETING ......................................................................... 2 1.06 - QUORUM ............................................................................................................................................... 5 1.07 - MEETING ATTENDEES....................................................................................................................... 5 1.08 - CALL TO ORDER .................................................................................................................................. 5 1.09 - MAYOR PRESIDING OFFICER DUTIES ............................................................................................ 5 1.10 - PARLIAMENTARIAN ........................................................................................................................... 5 1.11 - AGENDA ................................................................................................................................................ 5 1.12 - CITIZEN’S INPUT ................................................................................................................................. 6 1.13 - CLERK, MINUTES ................................................................................................................................ 7 1.14 - THE RECORD ....................................................................................................................................... 8 1.15 - METHOD OF VOTING .......................................................................................................................... 8 1.16 - RULES OF DEBATE ............................................................................................................................. 9 1.17 - COUNCIL MEMBER COMMENTS .................................................................................................... 10 1.18 - ADJOURNMENT ................................................................................................................................ 10 1.19 - ORDINANCES, RESOLUTIONS, MOTIONS, CONTRACTS ............................................................. 10 1.20 - COMMITTEES .................................................................................................................................... 11 1.21 - EVALUATIONS OF COUNCIL APPOINTEE .................................................................................... 11 1.22 - SUSPENSION OF THE RULES ......................................................................................................... 11 1.23 - EFFECT OF THESE RULES OF PROCEDURES .............................................................................. 11 1.24 - PUBLICATION .................................................................................................................................... 11 1.25 - EFFECTIVE DATE.............................................................................................................................. 11

APPENDIX A. COUNCIL AGENDA FORMAT ............................................................................................................... 12 B. AGENDA REQUEST FORM .................................................................................................................... 13 D. TOWN CLERK/ ADMINISTRATOR EVALUATION FORM ................................................................... 14

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TOWN COUNCIL RULES OF PROCEDURE TOWN OF LAKE HAMILTON

FLORIDA Adopted July 11, 2017

Florida Statues 286.0114, Public Meetings. Members of the public shall be given a reasonable opportunity to be heard on a proposition considered by the Town Council of Lake Hamilton. Such opportunity does not have to occur at the same meeting at which the council takes official action if certain requirements are met. The bill excludes specified meetings and acts from the opportunity to be heard requirement. The bill authorizes the Town Council to adopt certain reasonable rules or policies governing the opportunity to be heard. If the Town Council adopts such rules or policies and thereafter complies with them, it is deemed to be acting in compliance with the section." The Town of Lake Hamilton meets the requirements as per Florida Statues 286.0114, Public Meetings, the "Town Council Rules of Procedures" have been established.

1.01 Governing Rules. Except as may be provided in the Town Charter or Ordinances, The methods of organization and the conduct of business of the Town Council of Lake Hamilton (Council) shall be governed by the procedures set forth herein.

1.02 Introduction. The purpose of these rules is to provide for the smooth and orderly functioning of the business of the Council and to provide a basis for resolving questions of procedure when they arise.

1.03 Definitions. As used herein, the following terms shall be defined as follows: Council shall mean the elected Mayor and Council members of the Town of Lake Hamilton as the Town Council; The Mayor shall mean the person elected as the Mayor of Lake Hamilton. The Vice-Mayor shall mean the person elected by the council as Vice-Mayor of the Town of Lake Hamilton. The Chair shall mean the Presiding Officer of the Town Council. Town Attorney shall mean the person appointed by the Council as legal counsel. The Clerk shall mean the person appointed to the position of the Town Administrator/ clerk or his or her designee.

1.04 Council Meetings

A. Regular Meetings. The Council shall hold regular meetings on the first Tuesdays of each month unless so indicated; Regular meetings shall commence at 6:00 p.m. All regular meetings shall be held in the Town Hall or such place or time as may be approved by resolution or motion adopted at a regular or special meeting by a majority of the Council members. An agenda of the order of business at the regular meeting shall be prepared by the Clerk and made available to the public a minimum of four (4) calendar days before the meeting. The Mayor, or Vice Mayor in the absence of the Mayor, may call the meeting to order and shall conduct the business of the meeting as per the official agenda. The Council may take official action upon any of the items discussed at the regular meeting and any of the items of official business that requires immediate consideration and decision.

1.05 Special Meetings, Emergency Meetings, Workshops.

A. Special Meetings. A special meeting of the Council may be called by the Mayor or Vice-Mayor in the absents of the Mayor. Twenty-four (24) hours must elapse between the time the meeting is noticed and the time the meeting is to be held. Whenever a special meeting is called, written and verbal notice shall be given by the Clerk to each member of the Council, the Attorney, and to any other person whom notice is required as a matter of law, stating the date, hour and place of the meeting and the purpose(s) for which the meeting is called. The Clerk shall post the notice of meeting in at conspicuous location at town hall and at least one other conspicuous location in the town limits. The minutes of the special meeting shall show the manner and method of notice.

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B. Emergency Meetings. An emergency meeting of the Council may be called by the Mayor or Vice-Mayor in the absents of the Mayor, which may require less than 24 hour notice. An emergency meeting of the Council may be called only when the person (s) calling the meeting believes that an emergency exists which requires immediate consideration or action by the Council. Whenever such emergency meeting is called, person(s) calling the meeting and the Clerk shall make a good faith attempt to notify each member of the Council, the Attorney, as a matter of law, stating the date, hour and place of the meeting, the nature of the emergency and the purposes for which the meeting is being called. If possible, this notice shall be in writing. The Clerk shall post the notice of meeting in at conspicuous location at town hall and at least one other conspicuous location in the town limits. No other business shall be transacted at the meeting, and the minutes of each emergency meeting shall show the nature of the emergency and the manner and method of notice.

C. Workshop Meetings. The Council may schedule workshops to discuss items of special importance or complexity, which require longer than usual staff presentation and Council questions. An agenda of the order of business at the workshop shall be prepared by the Clerk and made available to the public a minimum of four (4) calendar days before the meeting. No resolution, rule, or formal action shall be considered binding except as taken or made at such meeting and any of the items of official business that require immediate consideration and decision by the Council. Public comment will be at the direction and discretion of the Council but will be no more than three minutes for each person unless the Council wishes to extend the time limit.

• The Council may schedule workshop meetings prior to the regular meeting on the first Tuesdays of each month if necessary. Workshop meetings shall commence at 5:30 p.m. The purpose of a workshop meeting is to allow staff to make presentations and to allow questions by the Council regarding the regular meeting agenda. An agenda of the order of business for the workshop shall be prepared by the Clerk and made available to the public a minimum of four (4) calendar days before the meeting with the Regular meeting agenda.

D. Public Hearing, Procedures. The purpose for establishing these procedures is to provide fundamental fairness to the parties at the hearing. Failure to strictly adhere to these procedures shall not invalidate any action of the Council. The public is always invited to speak at a Public Hearing; however, the following time limits shall apply:

Petitioner presentation 10 minutes; citizen’s comments 3 minutes per speaker; petitioner rebuttal - 3 minutes. These times may vary due to subject matter (for example, there may be no petitioner or applicant.)

1. General Public Hearings.

a. Persons presenting testimony are required to complete and sign the citizen's sign-in sheet.

b. The Mayor then reads the description of the agenda item(s) to be considered.

c. The Mayor opens the Public Hearing.

d. The staff will then make a presentation for the agenda item being considered.

e. The Mayor then inquires as to whether there is any discussion or questions of staff.

f. The petitioner, if any, then makes its presentation, limiting the time to 10 minutes unless otherwise agreed.

g. Public comment follows and unless otherwise determined by the Mayor, shall be limited to 3 minutes per speaker. Petitioner rebuttal is limited to 3 minutes.

h. A Council will make a motion to close the public hearing.

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i. After a second to the motion, the Mayor closes the public hearing and inquires if there is any discussion.

j. The vote is taken.

2. Quasi-Judicial Hearings

The procedures to be followed for quasi-judicial hearings are generally the same as given above for General Public Hearings:

a. Florida law requires that Council's decision in a quasi-judicial action be supported by competent substantial evidence presented to the Council during the hearing on the application. Competent substantial evidence is such evidence, as a reasonable mind would accept as adequate to support a conclusion. There must be a factual basis in the record to support opinion testimony from both expert and non-expert witnesses. All testimony must rely on factual information.

b. With leave of the Council, those who desire to be recognized with objector status may be provided additional time to present competent substantial evidence (e.g. through counsel, expert testimony or cross-examination).

c. Disclosure must be made before or during the public meeting at which a vote is taken if any Council member received any oral or written communications regarding the matter. The substance of the communication and identity of the person making the communication must be disclosed, allowing reasonable opportunity for others to refute or respond to the communication.

d. Private Communications (Ex-Parte)

(1) Definition: Written or oral communications regarding quasi-judicial matters pending before the Council received outside the record of the related public hearing.

(2) The Attorney suggests that Council members refrain from participating in private communication whenever possible regarding a quasi-judicial matter to avoid the creation of the presumption of prejudice.

(3) The presumption of prejudice may be overcome if the context of the private communication and the identity of the person is disclosed and made a part of the record at the public meeting before the final action on the matter.

(4) A written communication that relates to quasi-judicial action pending before the Council (such as a zoning decision) shall be made a part of the record before the final action on the matter.

(5) If a Council member conducts an investigation or site visitor receives expert opinions regarding a quasi-judicial action pending before the Council, such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter.

e. Council members shall not text or e-mail or have any off the record discussions during quasi-judicial hearings.

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1.06 Quorum

A. A majority of the whole number of members of the Council shall constitute a quorum. Any member of the Council who announces a conflict of interest on a particular matter and a decision to refrain from voting or otherwise participating in the proceedings related to that matter shall be deemed present for the purpose of constituting a quorum. The Council may entertain motions for continuances and may in its discretion grant such motions upon a showing of good cause.

B. Should no quorum attend within 15 minutes after the hour appointed for the meeting of the Council, the Mayor or the vice Mayor, or in their absence, the Clerk may adjourn the meeting. The Clerk shall record the names of the members present and their action at such meeting in the minutes.

1.07 Meeting Attendees. All meetings of the Council shall be open to the public. Promptly at the hour set for each meeting, the members of the Council, the Attorney, and the Clerk shall take their regular station in the Council chamber, and the business of the Council shall be taken up for consideration and disposition in accordance with the agenda for the meeting.

1.08 Call to Order. The Mayor shall take the chair at the hour appointed for the meeting and shall call the Council to order immediately. In the absence of the Mayor and Vice-Mayor, the Clerk shall then determine whether a quorum is present and in that event shall call for the election of a temporary chair. Upon the arrival of the Mayor or the Vice Mayor, the temporary chair shall relinquish the chair upon the conclusion of the business immediately before the Council.

1.09. Mayor Presiding Officer, Duties.

A. The Mayor of the Council shall preside at all meetings at which the Mayor is present. In the absence of the Mayor, the Vice Mayor shall preside. The presiding officer shall preserve strict order and decorum at all meetings of the Council. The Mayor or at the discretion of the Mayor, the Clerk shall repeat every motion and state every question coming before the Council and announce the decision of the Council on all matters coming before it. A majority vote of the members present shall govern and conclusively determine all questions or order not otherwise covered. The Mayor may vote on all questions, the Mayor's name being called last when a roll call is requested. In the absence of the Mayor or in the event of the Mayor's inability to serve due to illness or accident, the Vice Mayor shall perform the duties and functions of the Mayor until the Mayor's return to the Council or recovery and resumption of duty. The Council shall elect the Vice Mayor at the regular meeting as per the Town Charter every year

B. the Mayor or Vice Mayor in the absence of the Mayor is authorized to sign any documents approved by Council.

C. the Mayor shall have the authority to assign honorary or administrative duties to other members of the Council with members' consent.

1.10 Parliamentarian. The Attorney shall act as parliamentarian and shall advise and assist the Council in matters of parliamentary law. In the absence of a Rule of Procedure as provided for by these Rules, the Parliamentarian shall refer to Roberts Rules of Order on all rulings.

1.11 Agenda A. There shall be an official agenda for every meeting of the Council, which shall determine the order of business conducted at the meeting. (Appendix A.). All requests and documentation to be placed on the Council Agenda must be received in the Town Clerks Office within seven (7) calendar days of the scheduled meeting. All proceedings and the order of business at all meetings of the Council shall be conducted in accordance with the official agenda. B. Agenda Request Form shall be utilized for all New Business with support documentation in the possession of the Town. (Appendix B)

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C. The Agenda may be altered / changed from the order of business set forth in the official agenda and may be made only upon majority vote of the members of the Council present at the meeting.

D. Additions, deletions, or corrections to the agenda may be considered by the Council and adopted by the passage of a single motion. Items may be added to the agenda by three votes of the Council or when deemed necessary by the majority in emergency situations when the issues are time critical or cost sensitive to the Town. Non-agenda matters shall be confined to items that are informational only.

E. The agenda shall be prepared by the Clerk in appropriate form (Appendix A.) approved by the Council. The Clerk shall make available a copy of the regular agenda, and supporting documentation in the possession of the Town, four (4) calendar days before every non-emergency meeting and post same on the Town's public web site. If the support information is not available, the agenda item may be removed from the agenda and considered at a later meeting. Matters for discussion by any council member would not require supporting documentation. Any member of the Council, the Clerk, and the Attorney may place matters of business on the agenda.

F. A copy of each resolution or non-emergency ordinance shall be furnished to the members of the Council not later than four (4) calendar days before a vote may be called on the resolution or ordinance. The provisions of this rule shall be deemed waived unless asserted by a Council member before the Council takes action on the resolution or ordinance in question.

1.12 Citizen's Input: Addressing Council, Manner, Time.

Each person who addresses the Council on an agenda item shall complete a citizen's sign-in sheet and submitted to the Mayor. When the person's name is called, the person shall step up and shall give the following information in an audible tone of voice for the minutes:

A. name;

B. and, if requested by any Council member, the person may be required to state place of residence; and whether the person speaks for a group of persons or a third party; if the person represents an organization, whether the view expressed by the person represents an established policy or position approved by the organization;

C. All remarks shall be limited to no more than three (3) minutes unless the Mayor extends the time and shall be addressed to the Council as a body and not to any member thereof. Any person addressing the Council during a public hearing shall limit remarks to three (3) minutes unless the Council extends the time. No person, other than members of the Council and the person having the floor shall be permitted to enter into any discussion, without the permission of the presiding officer. No question shall be asked a member of the Council except through the presiding officer.

D. No person who has addressed the Council during any given Citizens Input on agenda items shall be allowed to make additional comments on the agenda item except with the permission of the Council. Citizens may make additional comments on specific items being heard during a public hearing.

E. For those matters in which the Council hears citizen's input, the Mayor shall close the citizen's input portion of the meeting upon the conclusion of the last speaker's comments. Members of the Council shall allow no additional citizen's input, except in specific response to questions or if an extension of time for public, comment is approved by the Council.

F. Any person making slanderous remarks or who becomes boisterous while addressing the Council shall be barred from making any additional comments during the meeting by the presiding officer. Any person who becomes disruptive or interferes with the business of the Council shall be removed from the audience for the remainder of the meeting.

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G. Any person shall be entitled to submit written comments for consideration by the Council. Written comments submitted may be considered and entered into the record of the meeting.

H. For public safety purposes, no signs, posters, placards mounted on sticks, posts, poles, or similar structure will be allowed in Town Council meeting rooms.

I. A citizen may act as a spokesperson for a group of citizens and audience members may raise their hands to support for their spokesperson's comments.

J. To ensure everyone has a fair opportunity to participate and meetings are conducted in an orderly fashion, the following procedures are in effect:

1. Confinement of Remarks: In discussion, remarks made by the Council member shall be confined to the motion or matter immediately before the body.

2. Personal Attacks Prohibited. In discussion, a member may condemn the nature or likely consequences of the proposed measure in strong terms, but must avoid personalities, and under no circumstances may he/she attack or question the motives of another member. The issue, and not a person, shall be the item under discussion.

3. Breach of Decorum. The Mayor shall immediately call as "out of order" any remarks outside the issue being addressed, or another member may call to the attention of the Presiding Officer and other members this breach of procedure, and the member shall immediately cease the breach of decorum and continue with his/her remarks confined to the issue.

4. Comments Addressed to Mayor. All discussion shall be made through the Presiding Officer, and one member may not interrogate another member or a person speaking from the public, except through the Presiding Officer.

5. Order of Discussion. After a member has spoken or asked questions on a matter before the Council, other members shall be given the opportunity to speak. If no other member wishes to speak to the issue, the member may continue speaking to the issue.

6. Disruptiveness. During discussion or voting, a member shall not disturb the other members in any way that may be considered disruptive to the proceedings or hamper the transaction of business.

7. Rulings from the Mayor. The Presiding Officer may rule as "out of order" any action deemed inappropriate or dilatory and may interrupt a speaker for reasons he or she deems necessary.

8. Refusals to Comply. If a member of the Council refuses' to comply with these Rules, the following procedure shall be used:

a. The member shall be "called to order" by the Presiding Officer or by a majority of the members present.

b. If a member refuses throughout the meeting to abide by the Rules, the members present, by majority vote, may censure the member and have it entered in the official minutes of the meeting.

1.13 Clerk, Minutes. The Clerk shall sit or appoint a designee as Clerk of the Council. The Clerk shall certify all ordinances and resolutions adopted by the Council. The Clerk shall duplicate the minutes and all resolutions and ordinances and shall furnish copies to persons desiring them at the prescribed rates.

033


1.14 The Record

A. Automatically included in the record. The following documents shall automatically be included in the records of the Council:

1. Agenda packet or staff report;

2. Any documents, exhibits, diagrams, petitions, letters or other materials presented to the Council in support of, or in opposition to, an item to be considered by them shall be entered into the record, unless clearly inadmissible and irrelevant. The Council may accept inadmissible items into the record, provided that members of the Council shall not consider those items, or parts thereof, which are inadmissible. In the event the Council has any question as to the relevancy and admissibility of any item placed into the record, the Council may request an opinion from the Attorney.

B. Custodian. The Clerk shall be custodian of the record.

C. Correction of errors in the record. In the event the Council determines that there was an error, of either Council or omission regarding the placement of an item into the record, any member of the Council may move to correct such errors, and such act of correction shall be done upon a majority vote of the members of the Council present.

D. Exhibits. Unless an oversized exhibit is essential, documentary paper or photographic exhibits shall not exceed 24 inches by 36 inches and, if mounted on a backboard, shall be removable there from.

E. Substitution of copies of exhibits. A person submitting an exhibit for the Council's consideration in support of, or in opposition to a pending matter, must file the original thereof with the Clerk. The Council may approve Substitution of a copy or duplicate thereof after viewing the original and the copy or duplicate. In the case of a written document, the person may furnish the Clerk with an exact duplicate and, upon verification thereof, the Clerk may return the original to said person. Alternatively, the Clerk may, in the Clerk's discretion, and at the expense of the person requesting the return of the original, make or arrange for the making of a copy of the exhibit after which the original may be returned to the person requesting it.

1.15 Method of Voting.

A. General: The vote upon any ordinance, resolution, shall be taken by roll call vote. Motion, or other matter may be voice vote, providing that the Mayor or any other member of the Council shall require a roll call vote to be taken. Upon every roll call vote, the names of the Council members shall be called alphabetically by surname, except that the names shall be rotated after each roll call vote, so that the Council member who voted first on a preceding roll call shall vote last upon the next subsequent matter; provided, however, that the presiding officer shall always cast his or her vote last. Upon relinquishing the chair, the Mayor shall vote by Council Seat order with the other Council members. The Clerk shall call the roll, tabulate the votes, and announce the results.

B. Voting.

1. Voting. Unless otherwise provided by law, ordinance, or statute, when the Council has finished discussion and is ready to vote a question, the Mayor shall call for the vote, and there shall be no further discussion by any member voting. Each member shall vote aye or no, and silence shall be considered an "aye" vote. When a matter is brought up for a vote on a motion to approve it and said motion fails, the status quo ante shall be maintained, and the matter shall be considered denied. Such a vote shall not preclude a subsequent motion at the same meeting to approve with modifications to the motion.

034


After any vote, any member may give a brief statement to explain his or her vote, and such explanation should be consistent with the vote registered. A member shall have the privilege of filing with the Clerk a written explanation of his or her vote which shall become part of the record of the proceeding.

2. Roll call. Upon any roll call, there shall be no discussion by any member prior to voting, and each Council member shall vote aye or no.

3. Vote change. Any Council member momentarily absent for a vote on a particular item may record his or her vote, or any Council member may change his or her vote before the next item is called for consideration or before a recess or adjournment is called, whichever occurs first, but not thereafter, except with the consent of all the Council members who voted thereon.

4. Abstention.

a. Pursuant Chapter 286.012, Florida Statutes, no Council member may abstain from voting on any matter before the Council upon which official action is to be taken unless there is or appears to be a possible conflict of interest pursuant to Sections 112.311, 112.313 or 112.3143, Florida Statutes. In such cases, said Council member shall comply with the disclosure requirement of state law.

b. If a Council member has a conflict with an item appearing on the consent portion of the Council's agenda, that Council member does not have to pull the item for the purpose of abstention if prior to the vote on the consent agenda the Council member:

(1) Publicly discloses the nature of interest in the matter from which the Council member is abstaining, and

(2) Notifies the Clerk of the conflict.

C. the Council member must supply the Clerk with a completed Form 8B "Memorandum of Voting Conflict" form within 15 days after the vote occurs. Form 8B shall be received by the Clerk and incorporated into the meeting minutes as an exhibit.

1.16 Rules of Debate.

A. As to the Chair. The Mayor may second any motion, or, after relinquishing the Chair, may make any motion. The Mayor shall not resume the Chair until after the Council has acted upon the matter under consideration.

B. Getting' the floor, improper references to be avoided. Every member desiring to speak for any purpose shall address the Mayor and, upon recognition, shall confine discussion to the question under debate, avoiding all personalities and indecorous language.

C. Interruption. A member once recognized shall not be interrupted when speaking unless it is to call that member to order. If a member while speaking is called to order, the member shall cease speaking until the question of order is determined by the Mayor; and, if in order, the member shall be permitted to proceed. Any member may appeal to the Council from the decision of the Mayor upon a question of order, whereupon without debate the Mayor shall submit to the Council the question, "Shall the decision of the Mayor be sustained?" and the Council shall decide by a majority vote of those present at the meeting.

D. Privilege of closing debate. Any Council member may move to close debate after every Council member has had one opportunity to comment and call the question on the motion being considered which shall be non-debatable. By request of a Council member, members of the Council shall be polled to decide whether debate may be reopened.

035


E. Renewal. Once the period for consideration of any ordinance, resolution, decision, or motion has expired, then neither the same ordinance, resolution, decision or motion nor its repeal may be brought for discussion before the Council for a period of six months.

F. Reconsideration. An action of the Council may be reconsidered only at the same meeting at which the action was taken or at the next, regular meeting. For land use items, an action by the Council may be reconsidered only at the same land use meeting at which the original action was taken or at the next land use meeting. A motion to reconsider may be made only by a member who voted on the prevailing side of the question and must be concurred in by a majority of those present at the meeting. A Council member who was absent at the time the vote was taken shall be deemed on the -prevailing side. Such motion shall not be entertained in anyone of the following instances: (1) if the approved action has been partially or fully carried out; (2) if a contract, when the other party to the contract has received written notification by the County of the outcome; (3) if an ordinance or other action taken after a required public hearing; or (4) if the vote has caused something to be done that is impossible to undo. Adoption of a motion to reconsider shall rescind the action reconsidered; therefore a new motion, second, and vote is required to take formal action on the item, if desired, and may take place at a future meeting. If a motion to reconsider is not brought forward in a timely manner, yet a Council member would like to revisit the issue, the item may be placed on a future agenda provided that (1) new information has been discovered that if known at the time of the original vote, the outcome may have been different; (2) a majority of the Board approves; and (3) none of the instances set forth above that would prohibit a motion to reconsider exist. This rule on motions for reconsideration may not be suspended.

G. Tie votes. Whenever action cannot be taken because the vote of the Council members has resulted in a tie, the proposed ordinance, resolution or motion that produced the tie vote shall fail; however there is no prevailing party for purposes of a Motion to Reconsider. Whenever action cannot be taken due to a tie vote, the status quo shall continue and the item can be placed on a future agenda for consideration.

1.17 Council Member Comments. The purpose of Council member comments is to promote the public discussion of matters relating to Town business and to encourage the dissemination of information. Any Council member may submit reports and information on items relating to Town business. When possible, the other Council members, the Clerk, and the Attorney should receive such materials in advance. Council members may also request the preparation of proclamations, resolutions, ordinances, reports, and other actions of the Council during this portion of the agenda, subject to majority consensus. All such requests shall be referred to the Clerk or the Attorney, as appropriate.

1.18 Adjournment. A motion to adjourn shall always be in order and decided without debate, except that the motion shall contain a time to hear the balance of the agenda if same has not been completed.

1.19 Ordinances, Resolutions, Motions, Contracts

A. Preparation of ordinances. The Attorney, when requested by at least three Council members, shall prepare ordinances which shall be delivered to the Clerk for inclusion in the agenda. Copies of all proposed ordinances or resolutions shall be furnished to each Council member and shall be made available to all interested persons at the normal copying cost.

B. Approval of documents by Attorney. All ordinances, resolutions and contract documents, before presentation to the Council, shall be reviewed and approved by the Attorney.

C. Passage of approval of ordinances. Any action of the Council which provides for a new law or a penalty to be imposed shall be by ordinance. Ordinances may be introduced and adopted by title and shall be read by title only before consideration by the Council. The adoption of all ordinances shall require the affirmative vote of a majority of the total membership of the Council. Ordinances must be sponsored by a member or members of the Council, except that either the Clerk, or the Attorney may present ordinances, resolutions and other matters, of an administrative nature, to the Council for consideration, and any Council member may assume sponsorship thereof by moving that such ordinance, resolution or other matter be adopted in accordance with law; otherwise, they shall not be considered.

036


D. When action to be taken by motion, resolution or ordinance. All actions of the Council may be taken by motion, resolution, or ordinance. Approval of purely administrative matters may be accomplished by resolution or motion duly adopted and recorded in the minutes of the meeting. No resolution or motion shall be adopted by the Council without the affirmative vote of the majority of all the members present.

E. Emergency ordinances. The Council at any regular, special, or emergency meeting may enact or amend any ordinance with a waiver of notice requirement by a vote of by a vote of two-thirds vote of the council present, declaring that an emergency exists and that the immediate enactment of such ordinance is necessary.

1.20 Committees.

A. Whenever the Council deems it necessary or desirable that the Council shall be represented at meetings, conference or other occasions involving other governmental entities, agencies, officials or groups, or non-governmental organizations, the Council may nominate members of the Council to represent the Council at such meetings, conferences or other occasions, with the consent of the nominated member. Such representative shall have no power to act for or on behalf of the Council or to make any commitment or binding obligation on behalf of the Council or the Town. Such representatives may report to the Council with regard to such meeting, conference or other occasion.

B. the Council may establish special committees of the Council and/or citizens as specific needs arise. The Council shall make nominations to such committees with the consent of the nominated person. Any special committees may be abolished by the Council when its continued existence no longer is necessary.

1.21 Evaluations of Council's Appointee.

The Council shall annually evaluate the performance of the Town Clerk/Administrator (Appendix C.) during each October regular meeting. The Mayor will distribute the evaluation forms to each Council member prior the September regular meeting. Each Council member shall forward the completed evaluation to the Mayor within two weeks of the October Meeting. The Mayor shall take the evaluations of all Council members and develop a composite evaluation, averaging the numerical scores of each Council member. The composite evaluation shall be placed on the Council's agenda (New Business) for the October regular meeting by the Mayor. The agenda package for the Council shall include the composite evaluation and the evaluation of each Council member in a sealed envelope. The Mayor may make recommendations on tenure, salary and other matters related to the appointees. The Council shall review the composite evaluation and adopt it by majority vote of the members present.

1.22 Suspension of the Rules. Unless otherwise stated, any of the Rules of Order adopted by this Council may be temporarily suspended for the meeting in session by a majority of those Council members present at said meeting.

1.23 Effect of These Rules of Procedures. In any instance where the procedure established by these Rules of Procedure is in conflict with state law, town charter, town ordinance or court order, or has the effect of violating any applicable law, ordinance or ruling, or order of a court or administrative agency, or rights there under, the procedures established hereunder shall be inoperative to the extent of such conflict or violation.

1.24 Publication. Upon adoption of these Rules of Procedure and any amendment hereof, the Clerk shall cause same to be posted on the Town's web site. Copies shall be provided by the Clerk to all persons who request them at the standard charge.

1.25 Effective Date. These rules shall become effective upon adoption by the Town Council.

037


APPENDIX A.

Council Agenda Format

Workshop, Special, and Emergency Meetings:

1. CALL TO ORDER BY THE MAYOR 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL OF COUNCIL MEMBERS BY THE CLERK 5. ITEMS TO BE DISCUSSED BY THE COUNCIAL 6. ADJOURNMENT

Regular Meeting:

1. CALL TO ORDER BY THE MAYOR 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL OF COUNCIL MEMBERS BY THE CLERK 5. SCHEDULED PRESENTATIONS 6. CONSENT AGENDA

• Consent Agenda is a meeting practice which packages routine committee reports, Council meeting minutes, and non-controversial items not requiring discussion or independent action as one agenda item.

• Approval of Quarterly Financial Reports (January-April-July-October)

7. RECOGNITION OF CITIZENS (Non-Agenda Items) 8. OLD BUSINESS 9. NEW BUSINESS 10. ADMINISTRATOR / TOWN CLERK’S REPORT

• Police Department

• Community Development

• Code Enforcement

• Public Works

11. ATTORNEY COMMENTS 12. COUNCIL MEMBERS COMMENTS 13. ADJOURNMENT

Items 2 & 3 of the Regular Meeting Agenda may be dispensed with when a Workshop is conducted prior to the Regular meeting.

038


Appendix B

Town of LAKE HAMILTON

AGENDA REQUEST FORM

Requested By: __________________________ Agenda Date: ______________ Agenda Number: __________

Agenda Title: ________________________________________________________________________________

Agenda Type: New Business Budget Transfer Brief Description of Request:____________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

Is this request associated with the Budget? YES (Provide Budget Information below) NO

Funding Source: General Fund Enterprise Fund Grant Fund

Budgeted Amount: $ _______________________ Actual Cost: $ __________________________________

Account # ______________________________ Account Name: ____________________________________

Staff Information (If any): _______________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Back-Up Documents Ordinance Resolution Other: ____________________________________.

A. General Information

B. Budget Information

C. Staff Information

D. Attachments

039


Appendix C

Town Clerk / Administrator Performance Evaluation

Evaluation Period: _______________ to _______________

______________________________________ Council Member’s Name All Town Council members shall complete the Town Clerk / Administrator's evaluation form and sign it in the space

provided below. All evaluation forms must be submitted to the Mayor no later then _________________________. The

Mayor shall take the evaluations of all Council members and develop a composite evaluation, averaging the numerical

scores of each Council member. The composite evaluation will be placed on the Council's agenda (New Business) for the

October___________________________ regular meeting.

Council agenda packet shall include the composite evaluation and the completed evaluation of each Council member in a

sealed envelope. The Council shall review the composite evaluation and adopt it by majority vote of the members present.

Failure to submit the evaluation to the Mayor by the prescribed date indicated above will result in it not being included in

the final summarized review to the Council.

_________________________________________________________________ Council Member’s Signature Date Submitted ______________________________________________________________________________ Mayor’s Signature Date Received

Page 1 of 5 Initials ________

040


INSTRUCTIONS This evaluation form contains ten categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the Town Clerk / Administrator's performance. 5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of “3 = Average” This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page. On the date space of the cover page, enter the date the evaluation form was submitted. All evaluations presented prior to the deadline identified on the cover page will be summarized into a performance evaluation to be presented to the Town Council and to the Town Administrator as part of the agenda for the meeting indicated on the cover page. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS _____ Diligent and thorough in the discharge of duties. _____ Exercises good judgment. _____ Displays enthusiasm, cooperation, and will to adapt. _____ Mental and physical stamina appropriate for the position. _____ Exhibits composure, appearance and attitude appropriate for executive position. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category. 2. PROFESSIONAL SKILLS AND STATUS _____ Maintains knowledge of current developments affecting the practice of local government management. _____ Demonstrates a capacity for innovation and creativity. _____ Anticipates and analyzes problems to develop effective approaches for solving them. _____ Willing to try new ideas proposed by the Council members and/or staff. _____ Sets a professional example by handling affairs of the public office in a fair and impartial manner. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category.


041


3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY _____ Carries out directives of the Council as a whole as opposed to those of any one member or minority group. _____ Sets meeting agendas that reflect the guidance of the Council and avoids unnecessary involvement in administrative actions. _____ Disseminates complete and accurate information equally to all members in a timely manner. _____ Assists by facilitating decision making without usurping authority. _____ Responds well to requests, advice, and constructive criticism. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category. 4. POLICY EXECUTION _____ Implements council actions in accordance with the intent of council. _____ Supports the actions of the council after a decision has been reached, both inside and outside the organization. _____ Understands, supports, and enforces local government’s laws, policies, and ordinances. _____ Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness. _____ Offers workable alternatives to the council for changes in law or policy when an existing policy or ordinance is no longer practical. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category. 5. REPORTING _____ Provides regular information and reports to the council concerning matters of importance to the local government, using the city charter as guide. _____ Responds in a timely manner to requests from the council for special reports. _____ Takes the initiative to provide information, advice, and recommendations to the council on matters that are non-routine and not administrative in nature. _____ Reports produced by the administrator are accurate, comprehensive, concise and written to their intended audience. _____ Produces and handles reports in a way to convey the message that affairs of the organization are open to public scrutiny. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category. 6. CITIZEN RELATIONS _____ Responsive to requests from citizens. _____ Demonstrates a dedication to service to the community and its citizens. _____ Maintains a nonpartisan approach in dealing with the news media. _____ Meets with and listens to members of the community to discuss their concerns and strives to understand their interests. _____ Gives an appropriate effort to maintain citizen satisfaction with town services. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category.


042


7. STAFFING _____ Recruits and retains competent personnel for staff positions. _____ Applies an appropriate level of supervision to improve any areas of substandard performance. _____ Stays accurately informed and appropriately concerned about employee relations. _____ Professionally manages the compensation and benefits plan. _____ Promotes training and development opportunities for employees at all levels of the organization. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category. 8. SUPERVISION _____ Encourages heads of departments to make decisions within their jurisdictions with minimal Town administrator involvement, yet maintains general control of operations by providing the right amount of communication to the staff. _____ Instills confidence and promotes initiative in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department level. _____ Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the town administrator's office. _____ Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress, and providing appropriate feedback. _____ Encourages teamwork, innovation, and effective problem-solving among the staff members. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category. 9. FISCAL MANAGEMENT _____ Prepares a balanced budget to provide services at a level directed by council. _____ Makes the best possible use of available funds, conscious of the need to operate the local government efficiently and effectively. _____ Prepares a budget and budgetary recommendations in an intelligent and accessible format. _____ Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability. _____ Appropriately monitors and manages fiscal activities of the organization. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category. 10. COMMUNITY _____ Shares responsibility for addressing the difficult issues facing the town. _____ Avoids unnecessary controversy. _____ Cooperates with neighboring communities and the county. _____ Helps the council address future needs and develop adequate plans to address long term trends. _____ Cooperates with other regional, state and federal government agencies. Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category


043


NARRATIVE EVALUATION: What would you identify as the administrator’s strength(s), expressed in terms of the principle results achieved during the rating period? What performance area(s) would you identify as most critical for improvement? ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

What constructive suggestions or assistance can you offer the administrator to enhance performance? ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

What other comments do you have for the administrator; e.g., priorities, expectations, goals or objectives for the new rating period? _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


044

ORDINANCE NO: 2017- 09

AN ORDINANCE OF THE TOWN OF LAKE HAMILTON, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE TOWN OF LAKE HAMILTON, FLORIDA, SAID AMENDMENT BEING KNOWN AS AMENDMENT 17-01FLUE, ADOPTING A NEW FUTURE LAND USE CATEGORY IDENTIFIED AS “RESIDENTIAL LANDS – 5”; AND TRANSMITTING SAID AMENDMENT TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW AND COMPLIANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Sections 163.3161 through 163.3215, Florida Statutes, the Community

Planning Act, empowers and mandates the Town of Lake Hamilton, Florida to plan

for future development and growth and to adopt and amend comprehensive plans,

or elements or portions thereof, to guide the future growth and development of the

Town; and

WHEREAS, the Town Council of the Town of Lake Hamilton has determined that it would

be in the best interest of the public health, safety and general welfare of the

residents of the Town to amend the Future Land Element of the Comprehensive

Plan; and

WHEREAS, in exercise of its authority the Town Council has determined it necessary to

adopt an amendment to the Town’s Comprehensive Plan, which is attached hereto

as Exhibit “A” and by this reference made a part hereof, to ensure that the

Comprehensive Plan is in full compliance with the laws of the State of Florida; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, the Town Council has held

public hearings with due public notice having been provided, in order to obtain

public comment, and has considered all written and oral comments received during

public hearings, including support documents.

NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE TOWN OF LAKE HAMILTON, FLORIDA:

047

ORDINANCE 2017-09 Page 2 Section 1. The provisions set forth in the recitals to this Ordinance (whereas clauses)

are hereby adopted by the Town Council as the legislative findings and intent pertaining to

this Ordinance.

Section 2. The Town of Lake Hamilton hereby amends the Future Land Use Element of

the Comprehensive Plan is amended as described and detailed in Exhibit “A” to this

Ordinance.

Section 3. The basis for adopting the said amendments by the Town of Lake Hamilton

is incorporated herein as Exhibit “B”, which is attached hereto and by this reference

made a part hereof, said document to be included as Data and Analysis to support the

Lake Hamilton Comprehensive Plan.

Section 4. This Ordinance shall be codified in the Code of Ordinances of the Town of

Lake Hamilton, Florida. A certified copy of this enacting ordinance shall be located in the

Office of the Town Clerk of Lake Hamilton. The Town Clerk shall also make copies

available to the public for a reasonable publication charge.

Section 5. If any provision of this Ordinance is for any reason held to be invalid or

unconstitutional by any court of competent jurisdiction, such provision and such holding

shall not affect the validity of any other provision, and to that end the provisions of this

Ordinance are hereby declared severable.

Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed

to the extent of such conflict.

Section 7. The effective date of this amendment, if the amendment is not timely

challenged, shall be 31 days after the State Land Planning Agency notifies the local

government that the plan amendment package is complete. If timely challenged, the

amendments shall become effective on the date the State Land Planning Agency or the

048

ORDINANCE 2017-09 Page 3 Administration Commission enters a final order determining the adopted amendments to

be in compliance. No development orders, development permits, or land uses dependent

on these amendments may be issued or commence before it has become effective. If a

final order of noncompliance is issued by the Administration Council, the amendments may

nevertheless be made effective by adoption of a resolution affirming the effective status, a

copy of which resolution shall be sent to the State Land Planning Agency.

INTRODUCED AND PASSED on first reading at the regular meeting of the Town Council

of Lake Hamilton, Florida, held this ______ day of _ __, 2017.

PASSED AND FINALLY ADOPTED on second reading at the Regular meeting of the

Town Council of Lake Hamilton, Florida, held this ________ day of ________, 2017.


Approved: _____________________________________ Marlene M. Wagner, Mayor Attest with Seal: ____________________________________ Sara Irvine, Town Clerk Approved as to Form: ____________________________________ Jeffrey S. Dawson, Town Attorney

049

ORDINANCE 2017-09 Page 4

EXHIBIT A OBJECTIVE 1.2: LOCATION AND DENSITY CRITERIA THE LOCATION AND DENSITY OF FUTURE DEVELOPMENT AND

REDEVELOPMENT SHALL BE DIRECTED IN APPROPRIATE AREAS AS DEPICTED ON THE FUTURE LAND USE MAP SERIES IN CONSISTENCY WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN.

Policy 1.2.1: The following land use categories are hereby established for the purpose of

managing future development and redevelopment activities: a) Agricultural Lands b) Residential Lands-1 c) Residential Lands-2.5 d) Residential Lands-3.5 5.0 Policy 1.2.5: Residential Lands-3.5 (RES-3.5) -5.0 (RES-5.0)

a) Purpose: Identification of areas which are established for a low medium-density residential environment of urban character, and which may be utilized for compatible short-term agricultural activities.

b) Range of Potential Uses:

Suburban or urban residential uses, short-term agricultural uses, agriculturally-compatible residential uses, public or semi-public uses, and low-intensity recreational uses.

c) Range of Potential Density/Intensity:

The maximum gross residential density is 3.5 5.0 dwelling units per acre and the maximum floor area ratio for non-residential development shall not exceed 0.25.

050


AN ORDINANCE OF THE TOWN OF LAKE HAMILTON, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE TOWN OF LAKE HAMILTON, FLORIDA, SAID AMENDMENT BEING KNOWN AS AMENDMENT 17-02FLUE, AMENDING THE FUTURE LAND USE CLASSIFICATION OF RESIDENTIAL LANDS – 5 FOR AN 11.28 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF CHICAGO AVENUE ADJACENT TO THE DUKE ENERGY TRANSMISSION LINE; AND TRANSMITTING SAID AMENDMENT TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REIEW AND COMPLIANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.





Town; and




Plan; and


adopt an amendment to the Town’s Comprehensive Plan, Future Land Use Map,

which is attached hereto as Exhibit “A” and by this reference made a part hereof,

to ensure that the Comprehensive Plan is in full compliance with the laws of the

State of Florida; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, the Town Council has held


public comment, and has considered all written and oral comments received

during public hearings, including support documents.

051

ORDINANCE 2017-10 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE TOWN OF LAKE

HAMILTON, FLORIDA: Section 1. The provisions set forth in the recitals to this Ordinance (whereas clauses)

are hereby adopted by the Town Council as the legislative findings and intent pertaining

to this Ordinance.

Section 2. The Town of Lake Hamilton hereby amends the Future Land Use Map of the

Comprehensive Plan as described and detailed in Exhibit “A” to this Ordinance.









Section 5. All ordinances or parts of ordinances in conflict herewith are hereby

repealed to the extent of such conflict.





Administration Commission enters a final order determining the adopted amendments to



final order of noncompliance is issued by the Administration Council, the amendments

052

ORDINANCE 2017-10 Page 3 may nevertheless be made effective by adoption of a resolution affirming the effective

status, a copy of which resolution shall be sent to the State Land Planning Agency.







053

ORDINANCE 2017-10 Page 4

EXHIBIT A

054


ORDINANCE NO: 2017-11: AN ORDINANCE OF THE TOWN OF LAKE HAMILTON, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE TOWN OF LAKE HAMILTON, FLORIDA SAID SMALL SCALE AMENDMENT BEING KNOWN AS AMENDMENT 17-01SS TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF 0.82 ACRES FROM AG AGRICULTURE TO IL INDUSTRIAL - LIGHT; THE LAND BEING LOCATED ON THE NORTH SIDE OF KOKOMO ROAD APPROXIMATELY 450 FEET WEST OF SCENIC HIGHWAY (SR17) IN SECTION 16, TOWNSHIP 28 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA; AND TRANSMITTING SAID AMENDMENT TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY FOR NOTIFICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.





Town; and




Plan; and


adopt an amendment to the Town’s Comprehensive Plan , Future Land Use Map,

which is attached hereto as Exhibit “A” and by this reference made a part hereof,

to ensure that the Comprehensive Plan is in full compliance with the laws of the

State of Florida; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, the Town Council has held


public comment, and has considered all written and oral comments received during

public hearings, including support documents.

056

ORDINANCE 2017-11 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE TOWN OF LAKE

HAMILTON, FLORIDA: Section 1. The provisions set forth in the recitals to this Ordinance (whereas clauses)

are hereby adopted by the Town Council as the legislative findings and intent pertaining to

this Ordinance.

Section 2. The Town of Lake Hamilton hereby amends the Future Land Use Map of the

Comprehensive Plan as described and detailed in Exhibit “A” to this Ordinance.









Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed

to the extent of such conflict.





Administration Commission enters a final order determining the adopted amendments to



final order of noncompliance is issued by the Administration Council, the amendments may

057

ORDINANCE 2017-11 Page 3 nevertheless be made effective by adoption of a resolution affirming the effective status, a

copy of which resolution shall be sent to the State Land Planning Agency.







058

ORDINANCE 2017-12

AN ORDINANCE REZONING 0.82 ACRES FROM AG AGRICULTURE ZONING DISTRICT TO M-1 INDUSTRIAL ZONING DISTRICT; THE LAND BEING LOCATED ON THE NORTH SIDE OF KOKOMO ROAD APPROXIMATELY 450 FEET WEST OF SCENIC HIGHWAY (SR17) IN SECTION 16, TOWNSHIP 28 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, there has been a request for approval of a rezoning of the property

described below; and

WHEREAS, the change will further the general health, safety, and welfare and be a

benefit to the Town as a whole; and

WHEREAS, the zoning change requested by the applicant is consistent with the Future

Land Use Element of the Lake Hamilton Comprehensive Plan.

BE IT ORDAINED by the Town Council of the Town of Lake Hamilton, Florida

(hereinafter referred to as the “Town”), as follows:

1. The parcel is located approximately 450 feet west of the Scenic Highway (State

Road 17) on the north side of Kokomo Road, as shown on Map “A”, which is

attached hereto, consists of a total of approximately 0.82 acres, and is described

as follows:

BEGIN AT A POINT ON THE CENTER LINE OF THE FORMER SEABOARD COAST LINES HAINES CITY BRANCH MAIN TRACK RIGHT OF WAY, SAID POINT LOCATED 355 FEET NORTH OF THE CENTER LINE OF KOKOMO ROAD; THENCE RUN SOUTHERLY ALONG SAID RIGHT OF WAY CENTER LINE, THE WIDTH OF 65 FEET ON THE EAST SIDE AND 35 FEET ON THE WEST SIDE, A DISTANCE OF 355 FEET TO THE CNETER LINE OF KOKOMO ROAD; BEING IN SECTION 9 TOWNSHIP 28 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

2. The parcel, as platted and described above, constitutes less than five percent

(5%) of the municipally zoned area of the Town.

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Ordinance 2017-12 Page 2

3. Said property is hereby rezoned from AG Agriculture Zoning District to M-1

Industrial Zoning District and the regulations of that District contained in the Land

Development Code shall govern further public review and development of the

property within this District with the following specific conditions:

4. That any section, paragraph, or portion which may be deemed illegal or

unconstitutional shall not affect any other section of this ordinance.

5. That all other ordinances or parts of ordinances in conflict herewith are hereby

repealed.

6. This ordinance shall take effect immediately upon adoption after second reading.

INTRODUCED on first reading this day of 2017

PASSED on second reading this day of 2017


________________________________ Marlene M. Wagner, Mayor Attest with Seal: _________________________________ Sara K. Irvine, Town Administrator/Clerk Approved as to Form: _________________________________ Jeffrey S. Dawson, Town Attorney

062


MAP A

063

ORDINANCE 2017-13

AN ORDINANCE REZONING THREE PARCELS WITH A TOTAL OF 1.03 ACRES FROM RMF MULTIFAMILY DWELLING DISTRICT TO R-5 SINGLE FAMILY MODULAR DWELLING DISTRICT; THE LAND BEING LOCATED AT (1) THE NORTHEAST CORNER OF CHURCH STREET AND PEARL STREET (0.34 ACRES); (2) THE WEST SIDE OF ROSE STREET 200 FEET NORTH OF MONROE LANE (0.46 ACRES); AND (3) THE NORTH SIDE OF MONROE LANE 100 FEET WEST OF ROSE STREET (0.23 ACRES); IN SECTION 9, TOWNSHIP 28 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, there has been a request for approval of a rezoning of the property described

below; and

WHEREAS, the change will further the general health, safety, and welfare and be a benefit

to the Town as a whole; and



BE IT ORDAINED by the Town Council of the Town of Lake Hamilton, Florida as follows:

1. The three parcels of land are located in the J. T. Miller’s Subdivision as recorded at

Plat book 4, Page 87 of the Public Records of Polk County, Florida and as shown

on Map A, which is attached and by reference made part hereof, to-wit:

PARCEL NUMBER 272809-822000-060103: The South ½ of Lot 1, Block F containing approximately 0.34 acres. PARCEL NUMBER 272809-822000-080303: The South ½ of Lot 3, Block H containing approximately 0.46 acres. PARCEL NUMBER 272809-822000-080204: The East ½ of the West ½ of Lot 2, Block H containing approximately 0.23 acres.

065

Ordinance 2017-13 Page 2 2. The parcels, as platted and described above, constitute less than five percent (5%)

of the municipally zoned area of the Town.

3. Said property is hereby rezoned from RMF Multifamily Dwelling District to R-5

Single Family Modular Dwelling District and the regulations of that District contained

in the Land Development Code shall govern further public review and development

of the property within this District with the following specific conditions:




repealed.





________________________________ Marlene M. Wagner, Mayor Attest with Seal: _________________________________ Sara K. Irvine, Town Administrator/Clerk Approved as to Form: _________________________________ Jeffrey S. Dawson, Town Attorney

066


- MAP A

067

ORDINANCE 2017-14

AN ORDINANCE REZONING 11.28 ACRES FROM R-1 LOW DENSITY SINGLE-FAMILY DWELLING DISTRICT TO R-5 HIGHEST DENSITY SINGLE-FAMILY DWELLING DISTRICT; THE LAND BEING LOCATED ON THE NORTH SIDE OF KOKOMO ROAD APPROXIMATELY 450 FEET WEST OF SCENIC HIGHWAY (SR17) IN SECTION 16, TOWNSHIP 28 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, there has been a request for approval of a rezoning of the property

described below; and

WHEREAS, the change will further the general health, safety, and welfare and be a

benefit to the Town as a whole; and



BE IT ORDAINED by the Town Council of the Town of Lake Hamilton, Florida

(hereinafter referred to as the “Town”), as follows:

1. The parcel is located approximately 450 feet west of the Scenic Highway (State

Road 17) on the north side of Kokomo Road, as shown on Map “A”, which is

attached hereto, consists of a total of approximately 0.82 acres, and is described

as follows:

BEGIN AT A POINT ON THE CENTER LINE OF THE FORMER SEABOARD COAST LINES HAINES CITY BRANCH MAIN TRACK RIGHT OF WAY, SAID POINT LOCATED 355 FEET NORTH OF THE CENTER LINE OF KOKOMO ROAD; THENCE RUN SOUTHERLY ALONG SAID RIGHT OF WAY CENTER LINE, THE WIDTH OF 65 FEET ON THE EAST SIDE AND 35 FEET ON THE WEST SIDE, A DISTANCE OF 355 FEET TO THE CNETER LINE OF KOKOMO ROAD; BEING IN SECTION 9 TOWNSHIP 28 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

069

Ordinance 2017-12 Page 2 2. The parcel, as platted and described above, constitutes less than five percent

(5%) of the municipally zoned area of the Town.

3. Said property is hereby rezoned from AG Agriculture Zoning District to M-1

Industrial Zoning District and the regulations of that District contained in the Land

Development Code shall govern further public review and development of the

property within this District with the following specific conditions:




repealed.





________________________________ Marlene M. Wagner, Mayor Attest with Seal: _________________________________ Sara K. Irvine, Town Administrator/Clerk Approved as to Form:

070

Ordinance 2017-12 Page 3 _________________________________ Jeffrey S. Dawson, Town Attorney

071

RESOLUTION 2017-13

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LAKE HAMILTON, FLORIDA REPEALING RESOLUTION 2012-05 AND ADOPTING A POLICY RELATING TO THE EMPLOYMENT OF SMALL, WOMEN OWNED AND MINORITY BUSINESSES FOR USE IN ADMINISTERING COMMUNITY DEVELOPMENT BLOCK GRANTS; ADOPTING A POLICY RELATING TO THE EMPLOYMENT OF MINORITIES BY THE TOWN OF LAKE HAMILTON; PROVIDING DEFINITIONS; DEFINING AN ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lake Hamilton desires to establish a policy

supporting small, women owned and minority businesses, and

WHEREAS, the Town Council of the Town of Lake Hamilton recognizes an opportunity to

affirmatively support small, women owned and minority business in those programs

directly funded by the U.S. Department of Housing and Urban Development; and

WHEREAS, the Town Council of the Town of Lake Hamilton desires to bring the percentage

of minorities employed by the Town more closely in line with its percentage of

minorities who live in the Town; and

WHEREAS, the Town Council of the Town of Lake Hamilton recognize the need to adopt an

action plan to implement such goals;

WHEREAS,, the Town Council of the Town of Lake Hamilton recognizes the Town as an

Equal Employment Opportunity Employer; and

NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Lake

Hamilton, Florida as follows:

1. Policy Relating to the Employment of Small, Women Owned and Minority Businesses. It shall be the policy of the Town Council of the Town of Lake Hamilton when soliciting for projects that involve Community Development Block Grant federal funding to require each department, agency, entity, or agent of the Town to promote and assist small, women owned and minority businesses in gaining entry to do business with the Town of Lake

074

RESOLUTION 2017-13 Page 2

2

Hamilton. By assisting small, women owned and minority businesses, the Town will help to expand and develop the small, women owned and minority section in and around the Town of Lake Hamilton. For projects assisted by programs providing direct financial assistance from the U.S. Department of Housing and Urban Development (hereinafter “HUD”), the Town will include the Section III clause of the Housing and Urban Development Act of 1968 in all contracts for work connected with the projects. The Town will also comply with the Section III clause in the administration of Community Development Block Grant programs, which requires:

1. To the greatest extent feasible, opportunities for training and employment are given to low income project area residents;

2. To the greatest extent feasible, contract for work in connection with the project will be awarded to businesses located in, or owned in substantial part by persons residing in the project area; 3. Certifying that parties to the contracts are under no obligation, which would prevent them from complying; 4. Insuring that the contractor will send labor organizations with which he or she has had a collective bargaining agreement a notice stating his or her commitments under this section and post this notice in places available to employees; 5. Insuring that the contractor will include a “Section III Clause” in every subcontract; 6. Insuring that the contractor will not subcontract with anyone that has previously violated “Section III” requirements; 7. Obligate the contractor to provide a preliminary statement of work force needs prior to signing the contract; 8. Include “Section III” requirements in Community Development Block Grant bid invitations and contract specifications; 9. Cooperate with the Secretary of Housing And Urban Development in obtaining compliance from the recipient of the grant’s contractors; 10. Submit to compliance reviews by the HUD when necessary; and 11. Permit HUD access to all required records, accounts, reports, books, etc. It is understood however, that while every opportunity will be afforded to small and minority businesses to enable them to bid on the Town of Lake Hamilton’s Community

075


3

Development Block Grant federally funded projects, contracts will continue to be awarded to the lowest or best responsible bidder. 2. Policy Relating to the Employment of Minorities by The Town of Lake Hamilton. It shall be the goal of the Town Council of the Town of Lake Hamilton to attempt to increase the percentage of minority Town employees at the rate of .1 percent of the Town’s total employee base, per year until the percentage of minority Town employees is equal to that of the minority Town population. The Town of Lake Hamilton is an equal opportunity employer. No person shall be unlawfully excluded from consideration for employment because of race, creed, color, religion, national origin, ancestry, sex, age, veteran status, familial status, handicap or genetic. The Town will attempt to attain the goal by doing the following:

1. The Town will advertise every open position in a newspaper of general circulation within the Town prior to filling the open position when the position has not already been filled through existing procedures or policies providing for promotion from within and from Job Service applicants.

2. Stating in every advertisement that the Town is an equal opportunity employer and does not discriminate in its hiring practice. While the Town of Lake Hamilton will attempt to attain the minority employment goal stated herein the following is understood: 1. The Town of Lake Hamilton will attempt to hire the best qualified person for each available position, regardless of race. 2. While the Town of Lake Hamilton will attempt to attain the employment goal set forth herein; the goal is only that and the Town accepts no liability if the goal stated herein is not reached. 3. Definitions. 1. SMALL BUSINESS-An independently owned and operated business concern which employs twenty-five (25) or fewer permanent full-time employees, and which has a net worth of not more than one million dollars as applicable to sole proprietorships; the one million dollar net worth requirement shall include both personal and business investments. 2. WOMEN BUSINESS ENTERPRISES-Any small business concern which is organized to engage in commercial transaction, which is at least fifty-one (51) percent owned by women and whose management and daily operations are controlled by such person. A minority business enterprise may primarily involve the practice of a profession.

076


4

3. MINORITY BUSINESS ENTERPRISES-Any small business concern which is organized to engage in commercial transaction, which is at least fifty-one (51) percent owned by minority persons and whose management and daily operations are controlled by such person. A minority business enterprise may primarily involve the practice of a profession. 4. CERTIFIED MINORITY BUSINESS ENTERPRISES-A business enterprise which has been certified by the State of Florida to be a minority business enterprise in accordance with the provision of the Small and Minority Business Assistance Act of 1985. 5. MINORITY PERSON-A person whose race is Black, American Indian, Alaskan Native, Asian or Pacific Islander. 4. Action Plan. In that the Town of Lake Hamilton will continuously seek to administer programs funded in part or in total by allocations directly or indirectly from the U.S. Department of Housing and Urban Development, the Town desires to enhance the opportunities for small and minority businesses and local businesses to participate in Community Development Block Grants with the Town. To accomplish this objective, the Town Council of the Town of Lake Hamilton, Florida, establishes and implements the following steps to facilitate the deployment of affirmative action in expenditures for contractual services, commodities and construction contracts on Community Development Block Grant federally funded projects: 1. To utilize the news media, State Department of General Services’ list of small, women owned or minority business concerns, local advertising services, citizen’s advisory boards, regional planning Councils, listings by federal agencies, and other appropriate sources to identify small, women owned and minority business concerns for possible involvement with the Town Community Development Block Grant federally funded contracts. 2. To maintain and update the listing of small, women owned and minority business concerns and notify them of Community Development Block Grant federally funded contracting opportunities with the Town. 3. To provide the prime contractor with a list of small, women owned or minority business concerns and require utilization in obtaining subcontractors for the Town’s Community Development Block Grant federally funded contracts. 4. To maintain records (copies of memoranda, general correspondence, etc.) to document that all steps in the action plan have been followed. 5. To establish or utilize an existing position to function as the equal opportunity officer to coordinate the implementation of the Affirmative Action Plan with operators of

077


5

Community Development Block Grant federally funded Town administered projects and programs. 5. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 11th day of July 2017 .


___________________________________ Marlene M. Wagner, Mayor Attest with Seal: _________________________________ Sara Irvine, Town Clerk Approved as to Form and Legality: _________________________________ Jeffrey S. Dawson, Town Attorney

078

RESOLUTION 2017-14

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LAKE HAMILTON, FLORIDA REPEALING RESOLUTION 2012-07 AND ADOPTING A NEW COMMUNITY DEVELOPMENT BLOCKE GRANT PROGRAM CITIZENS PARTICIPATION PLAN AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lake Hamilton desires to participate in the Community Development Block Grant Program (CDBG); and

WHEREAS, the Town Council of the Town of Lake Hamilton recognizes the need to adopt a

Citizen Participation Plan to provide organization and guidance for the involvement of all residents of the Town.

NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Lake

Hamilton, as follows:

THE TOWN OF LAKE HAMILTON, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

CITIZENS PARTICIPATION PLAN In keeping with the provisions of the Housing and Community Development Act of 1974 as amended, 24 CFR 570.431 and Department of Economic Opportunity (DEO) Rule 73C-23, the Town of Lake Hamilton, Florida hereby establishes a Citizen Participation Plan. I. OVERALL GOAL

The purpose of this plan is to provide the citizens of the Town of Lake Hamilton with an adequate opportunity for meaningful involvement on a continuing basis and for participation in the planning, development, implementation, and assessment of the Town of Lake Hamilton’s Community Development Block Grant Program.

II. OBJECTIVES

A. To increase interchange of information between CDBG Staff and the local citizens concerning community development and related concerns.

B. To heighten public awareness as to the purpose and function of the CDBG Program

and the types of assistance available, especially among low/moderate income residents of CDBG target areas.

C. To increase community participation in program planning and implementation and

thereby create local support for CDBG goals.

D. To allow affected or potentially affected citizens to directly assist in shaping and guiding the program’s impact upon their neighborhood as well as the community at large.

079

RESOLUTION 2017 – 14 Page 2 III. CONSISTENCY This Citizen Participation Plan is consistent with the requirements Section 508 of the

Housing and Community Development Act of 1987 which amends Section 104(a) of the Housing and Community Development Act of 1974, 24 CFR 570.4312 and DEO Rule 73C-23. This Plan supersedes all other Citizen Participation Plans utilized by the Town of Lake Hamilton, Florida. This Plan sets forth the procedures for Citizen Participation that shall be utilized during each stage of the Community Development Block Grant process and upon its adoption by the Town of Lake Hamilton Town Council shall remain in effect until otherwise amended.

IV. OVERVIEW

A. Citizen participation is a vital element in the preparation of a method by which community involvement will be solicited and maintained throughout the entire Community Development Block Grant process. The Town of Lake Hamilton, Florida shall strive to ensure such participation by utilizing the public hearing process and by appointing a Citizens Advisory Committee.

B. It shall be the policy of the Town of Lake Hamilton that the effectiveness of citizen participation in the planning, development, implementation, and assessment of the Community Development Block Grant process be analyzed during the public hearings and other called meetings and amendments to the Plan made when necessary.

V. CITIZEN PARTICIPATION TECHNICAL REQUIREMENTS

Since the purpose of this plan is to provide the citizens of the Town of Lake Hamilton, Florida with an adequate opportunity for meaningful involvement in the planning, implementation, and evaluation of the Town’s Community Development Block Grant process, it shall be the Town’s policy to solicit, and respond in a timely manner to, the views and proposals of all citizens, particularly low and moderate income persons, members of minority groups, and residents of blighted areas where the potential exists for the undertaking of CDBG eligible activities. Upon adoption of this Plan, the following technical requirements shall govern this process: A. Public Hearings

1. To ensure adequate notice of public hearings, all notices shall be printed in the non-legal section of the (local newspaper) no less than five (5) days and no more than twenty (20) days prior to each public hearing held at any stage of the Community Development Block Grant process.

2. When deemed appropriate, the Town may also post notices of such hearings in not less than two public places. The posting of notices may only supplement publication of public hearing notices. A news article located in a conspicuous place in the newspaper may be considered as sufficient printed notice to fulfill this requirement. The Town may also utilize additional means (personal contact,

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RESOLUTION 2017 – 14 Page 3

radio, etc.) to the maximum extent possible to reach target groups identified above when this is necessary. A minimum of two public hearings will be held before the Town of Lake Hamilton Town Council to provide the greatest access for citizen participation in developing CDBG applications.

3. Because of the size of the Town, and the centrality of the Town Hall, this

requirement will generally be satisfied by holding the hearings at the Town of Lake Hamilton Town Hall.

4. The Town of Lake Hamilton has a known concentration of non-English speaking

residents; therefore the services of a translator will be obtained in the event a significant number of residents of a target area do not speak English and request such services. Notices shall include information concerning the handicapped.

B. Citizens Advisory Task Force

1. The Town shall establish a Citizens Advisory Task Force for all CDBG projects

other than economic development projects, which shall consist of no less than five (5), not more than eight (8) members appointed by the Town of Lake Hamilton Town Council in a manner, which will ensure substantial representation of low and moderate income persons and minorities. Committee members shall serve two (2) year terms.

2. The Citizens Advisory Task Force shall serve as a focal point or liaison between

the Town and its constituents in regard to CDBG project development and implementation. The Committee shall have the following duties and responsibilities: a. Disseminate information concerning eligible activities, proposed projects, and

the status of current projects.

b. Coordinate various groups which choose to participate in the implementation of community development activities.

c. Review written comments assessing the implementation of the CDBG program.

d. Monitor the overall implementation of the CDBG program and review

program status with administrative personnel on a quarterly basis or more frequently if deemed necessary.

e. Monitor the citizen participation process and propose such amendments as

may be necessary to this Participation Plan.

081


3. The Citizen Advisory Task Force shall be a tool through which program progress can be analyzed and proposed amendments discussed, if applicable.

C. Access to Records

1. The Town of Lake Hamilton shall maintain a complete project file on its Community Development Block Grant program(s) which shall be available for public inspection during regular office hours in the Town Clerk’s office. This file shall include but not be limited to the following:

a. Citizens Participation Plan b. Community Development Plan c. Community Development Block Grant Application d. Program Amendments e. Environmental Review Record f. Financial Status g. Fair Housing Ordinance h. Equal Opportunity Requirements i. Policies and Procedures Governing Beneficiary Eligibility j. Performance Assessment Report k. Written Comments and Town’s Response

2. Generally, the project file is available for review by any citizen or group;

however, in no case will disclosure be made of any program participant’s financial status.

D. Technical Assistance The program staff shall provide technical assistance to citizens’ committees and

groups and interested persons in the citizen participation process. This technical assistance shall focus on increasing public access to participating in the Community Development Block Grant decision making process through the Citizens Advisory Committee, and ensuring that this participation is meaningful. Technical assistance will also be utilized to foster an understanding of program requirements; i.e., equal opportunity, relocation, environmental policies, beneficiary eligibility, etc.

E. Grievances

1. All grievances regarding individual decisions made as a part of the implementation of the Community Development Block Grant program shall be submitted, in writing to the Program Administrator. If a person feels that his/her complaint has not been sufficiently addressed by the Program Administrator’s response, an appeal may be made to the Citizens Advisory Task Force.

082


2. If a response satisfactorily to the aggrieved is not issued by the Committee, an appeal may be made to the Town of Lake Hamilton Town Council. At any point, the aggrieved may register a written complaint with the Florida Department of Economic Opportunity, 107 East Madison Street, MSC-400 Tallahassee, Florida 32399-6508. All written complaints registered at the local level shall have a written response from the Administrator, Committee, or the Town Council within fifteen (15) days of the lodging of said complaint. A file of all grievances and responses shall be maintained and available for public inspection. In the event the aggrieved has exhausted all appeals without a decision satisfactory to himself/herself, he/she may pursue other legal channels in an attempt to achieve satisfaction.

F. Amendment

The amendment of this Plan shall follow all citizen participation requirements delineated in the Section Post Approval Requirements and applicable technical provisions. Such amendments shall require adoption by the Town of Lake Hamilton Town Council prior to becoming effective.

G. Authority

No part of this participation Plan shall be construed to restrict the responsibility and authority of the elected officials of the Town of Lake Hamilton, Florida, in the development and implementation of any Community Development Block Grant program. Rather it is a vehicle through which the elected officials of the Town of Lake Hamilton can assure citizen input prior to their decision making process.

CITIZEN PARTCIPATION IN EACH STAGE OF THE CDBG PROGRAM I. Application Stage

The objective of citizen participation at this stage is to provide meaningful community-wide citizen input into the decision making process during the consideration of priorities and of options associated with the development and submission of the application. The following requirements will be met during the application stage and certified to in the body of the application: A. Review of the Citizen Participation Plan

B. Presentation of the Town’s Community Development Plan.

Title I of the Housing and Community Development Act of 1974, as revised, has as its primary objective, the development of viable urban communities by providing decent housing, suitable living environment, and expanding economic opportunities,

083


principally for persons of low and moderate incomes. Consistent with these objectives, the Town of Lake Hamilton will develop a Community Development Plan that identifies the community development and housing needs and specifies both short and long term community development objectives to meet the established needs.

C. Public Hearings

A minimum of two (2) public hearings will be held before the Town of Lake Hamilton Town Council during this stage. The purpose of the first public hearing is to access community needs and problems in an effort to determine the most pressing needs of the community and to solicit citizen input as to the ranking of said needs. The purpose of the second hearing is to present for public comment and review the program of activities that the Town has selected for the application as best suited to meet these needs. The Town may determine that more than two (2) public hearings during the application stage are desirable and thus hold extra hearings. All such hearings shall be governed by the requirements as set forth herein. The following information will be presented to the public at each public hearing during this stage: 1. The range of activities that may be undertaken with CDBG funds, the kinds of

activities previously funded; if any, and the progress made with respect to those activities.

2. An overview of the CDBG program to include analysis of DEO rating process and discussion of applicable grant ceilings.

3. Discussion of the competitive nature of the CDBG process and the likelihood that

more applications will be submitted to DEO than can be funded.

4. The process to be followed in soliciting and responding to the views and proposals of citizens in a timely manner.

5. Discussion of the role of the Citizen Advisory Task Force.

II. POST APPROVAL STAGE

A. The Town shall assure continuing citizen participation throughout the life of the

Community Development Block Grant program, particularly when considering amendments to the program. The Town shall conduct at least one (1) public hearing, in accordance with the requirements of such hearings, during the grant amendment process.

B. The involvement of citizens in the amendment process is felt to be essential. To ensure adequate citizen participation during the conduct of the program, the following requirements for amendments will be met:

084


1. A minimum of one (1) public hearing will be held prior to the submission of any

amendment that involves the reduction of beneficiaries and require formal approval by DEO according to the provisions of this Plan.

2. Citizens will be involved in amendments not requiring formal DEO approval, budget revisions, and local changes in the CDBG Program. Such changes will be presented for review to the Citizen’s Advisory Committee in a meeting of such Committee which shall be open to the public.

3. The Town shall attempt to involve citizens residing in the target area(s) affected

by any amendment or revision in the development of such amendment or revision. This shall be accomplished through the dissemination of information on such program changes to the affected residents.

III. ASSESSMENT OF PERFORMANCE

Citizens of the Town of Lake Hamilton will be provided opportunities to comment on the implementation of the Town’s CDBG program and to assess the performance of the Town in meeting its community development goals and objectives. Continual community assessment of the effectiveness of the program is considered essential to the success of a CDBG program. In order to ensure this involvement, the Town will utilize the following approaches: 1. The Citizen Advisory Task Force, established in accordance with this Plan, will

function as the focal point of the evaluation and assessment process. This group will continually provide the Town and its staff with feedback on the effectiveness of the program and suggest changes, if applicable.

2. The public hearing process will be used to ensure community-wide

participation in the evaluation of the program.

3. Written comments on the program will be received at any time during the life of the program. All written comments will be presented to the Citizen Advisory Task Force for their review and responses by the appropriate party within fifteen (15) days.

IV. CITIZEN COMMENT TO DEO

Persons may comment to DEO at any time concerning the Town of Lake Hamilton’s failure to comply with the citizen participation requirements as set forth in this Plan.

V. This resolution shall take effect immediately upon its adoption.

085

RESOLUTION 2017 – 14 Page 8 PASSED and ADOPTED this 11th day of July 2017 .



086

RESOLUTION 2017 – 15

A RESOLUTION OF THE TOWN COUNCIL OF LAKE HAMILTON, FLORIDA ADOPTING A POLICY RELATING TO COMPLAINT AND GRIEVANCE PROCEDURES TO BE APPLIED IN ADMINISTERING COMMUNITY DEVELOPMENT BLOCK GRANTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lake Hamilton desires to participate in the

Community Development Block Grant Program; and WHEREAS, the Town Council of the Town of Lake Hamilton recognizes the fact that

complaints and grievances may arise during the administration of programs directly funded by the U.S. Department of Housing and Urban Development; and

WHEREAS, the Town Council of the Town of Lake Hamilton recognizes the need to establish

complaint and grievance procedures. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Lake

Hamilton, as follows:

THE TOWN OF LAKE HAMILTON, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

COMPLAINT AND GRIEVANCE PROCEDURES

1. All complaints and or grievances, including those involving the handicapped, shall be

submitted in writing to the Community Development Administrator.

2. If remedy is not provided, then the complaint or grievance shall elevate to the Citizens Advisory Task Force (CATF).

3. If remedy is not provided, the complaint or grievance shall elevate to the Town of Lake

Hamilton Town Council.

4. It shall be the policy of this locality to respond within fifteen (15) days to all written complaints. It shall further be the policy of this locality to resolve complaints and grievances in a timely manner.

5. Nothing in the policy or procedure is intended to keep anyone aggrieved from appealing

decisions to the Florida Department of Economic Opportunity if proper resolution is not received.

087

RESOLUTION 2107 – 15 Page 2 PASSED and ADOPTED this 11th day of July 2017 .



088

RESOLUTION 2017-16

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LAKE HAMILTON, FLORIDA REPEALING RESOLUTION 2012-09 AND ADOPTING NEW COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PURCHASING POLICIES AND MANUAL; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lake Hamilton desires to participate in the Community Development Block Grant Program (CDBG); and

WHEREAS, the Town Council of the Town of Lake Hamilton recognizes the need to adopt new

Community Development Grant Program Purchasing Polices to provide up to date organization and guidance in the procurement of goods and services in the implementation of Community Development projects; and

WHEREAS, the Town Council of the Town of Lake Hamilton further recognizes the need to adopt

a new Minority Business Enterprise Policy as a part of the CDBG Purchasing Policies. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Lake Hamilton,

as follows: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

PURCHASING POLICY INCLUDING THE MINORITY BUSINESS ENTERPRISE POLICY

Section 1 PURPOSE This policy is adopted to assure that commodities and services for the Community Development Block Grant Programs are obtained efficiently and effectively in free and open competition and through the use of sound procurement practices. All Town staff and other persons (subgrantees or contractors) with designated responsibility for the administration of CDBG award contracts are responsible for ensuring compliance with all applicable federal and state laws and regulations. These include but are not limited to: OMB Circular A-102, attachment O; 2 CFR Part 200; s. 255.0525 and 287.055 Florida Statutes, Chapter 73C-23 Florida Administrative Code. Section 2 APPLICATION OF POLICY This policy shall apply to contracts or agreements for the procurement of all materials, supplies, services, construction and equipment for any Community Development Block Grant Program solicited or entered into after the effective date of this policy. Section 3 PURCHASING DIRECTOR The Town’s Town Manager shall serve as the central purchasing officer (the “Purchasing Officer”) of the Town of Lake Hamilton for all contracts or agreements described in Section 2. Section 4 PURCHASING AND CONTRACT AWARD PROCEDURES Section 4.01 PURCHASING CATEGORIES; THRESHOLD AMOUNTS Except as to Sole Source Purchases (Section 4.06) and Cooperative Purchasing (Section 4.07), all

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purchases and contract awards are to be made subject to the provisions of the appropriate Section according to the following threshold amounts: A. Small Purchases (Section 4.02) .................................................$1.00 to $750.00 B. Purchasing Quotes (Section 4.03) ..............................................$750.01 to $5,000.00 C. Competitive Sealed Bids/Proposals (Section 4.04 & 4.05) ..................................................................$5,000.01 and above Section 4.02 SMALL PURCHASES The purchase of commodities, equipment and services which cost less than the threshold authorized in Section 4 does not require solicitation of quotes or bids. Small purchases shall be authorized by the Purchasing Officer or his/her designees. Section 4.03 PURCHASING QUOTES The purchase of goods and services which cost within the range authorized for purchasing quotes in Section 4 shall require competitive quotations from three or more vendors. The quotations shall be obtained by the Purchasing Division and shall be reviewed and awarded by the Purchasing Officer. Section 4.04 COMPETITIVE SEALED BIDDING 1. Conditions for Use. All contracts for purchases of a single item, services or aggregate in

excess of the established base amount for Competitive Sealed Bids/Proposals in Section 4, where price, not qualifications, is the basis for contract award, shall be awarded by competitive sealed bidding.

2. Invitation to Bid. Under Section 255.0525(2), F.S. and Rule 73-23.00521(2)(a), F.A.C., an

invitation to bid for construction projects that are projected to cost more than $200,000.00 shall be published in at least one daily newspaper of general circulation in Polk County as well as a nearby federal Office of Management and Budget (OMB) designated metropolitan statistical area (MSA) at least 21 days prior to the established bid opening and at least 5 days prior to any scheduled prebid conference. An invitation to bid for construction projects that are projected to cost more than $500,000.00 shall be publicly advertised at least once in a newspaper of general circulation in Polk County at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled prebid conference. Additionally, Notice shall be sent to those vendors and contractors on the Town’s MBE/WBE solicitation list. Alternatively, the Town may substitute the above notice with any solicitation procedure which generates at least three responsible and responsive bids or proposals which can be considered. However, if three responsible and responsive bids or proposals are not received, the procurement will be invalid. An Invitation to Bid shall be issued and shall include specifications, all contractual terms and

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conditions, and the place, date, and time for opening or submittal. No later than five working days prior to the date for receipts of bids, a vendor shall make a written request to the Town for interpretations or corrections of any ambiguity, inconsistency or error which the vendor may discover. All interpretations or corrections will be issued as addenda. The Town will not be responsible for oral clarifications. No negotiations, decisions or actions shall be initiated or executed by the proposer as a result of any discussions with any Town employee prior to the opening of proposals. Only those communications which are in writing from the Town may be considered as a duly authorized expression on the behalf of the Council. Also, only communications from firms or individuals which are in writing and signed will be recognized by the Council as duly authorized expressions on behalf of proposers.

(1) Alternate(s). Alternate bids will not be considered unless authorized by and defined in the Special Conditions of the bid specifications. (2) Approved Equivalents. The Town reserves the right to determine acceptance of item(s) as an approved equivalent. Bids which do not comply with stated requirements for equivalents in the bid conditions are subject to rejection. The procedure for acceptance of equivalents shall be included in the general conditions of the bid.

3. Public Notice. Public Notice shall be by publication in a newspaper of general circulation at

least twelve (12) working days prior to bid opening or in accordance with Section 4.04-2 above as appropriate. Notice of the Invitation to Bid shall give date, time, and place set forth for the submittal of proposals and opening bids.

4. Bid Opening. Bids shall be opened publicly. The Purchasing Officer or his/her designee

shall open bids in the presence of one or more witnesses at the time and place designated in the Invitation to Bid. The amount of each bid, and other such relevant information as may be deemed appropriate by the Purchasing Officer together with the name of each bidder, and all witnesses shall be recorded. The record (Bid Report) and each bid shall be open to public inspection.

5. Bid Acceptance and Evaluation. Bids shall be unconditionally accepted without alteration or

correction, except as authorized in this policy. Bids shall be evaluated based on the requirements set forth in the Invitation to Bid, which may include, but not be limited to criteria to determine acceptability such as; inspection, testing, quality, recycled or degradable material content, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measured, such as discounts, transportation costs, and total or life cycle costs. No criteria may be used in bid evaluation that is not set forth in the Invitation to Bid, in regulations, or in this policy.

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6. Bid Agenda Item. After evaluation, the Purchasing Officer will prepare a

recommendation and shall place the item on the agenda of the Town Council. 7. Correction or Withdrawal of Bids; Cancellation of Awards. Correction or withdrawal of

inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bids mistakes, shall be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the Invitation to Bid prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake, of non-judgmental character was made, the nature of the mistake, and the bid price actually intended. After bid opening, no changes in the bid price or other provisions of bids prejudicial to the interest of the Town or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw his bid if:

(1) the mistake is clearly evident on the face of the bid document but the intended correct

bid is not similarly evident; or

(2) the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a written determination made by the Purchasing Officer.

8. Multi-Step Sealed Bidding. When it is considered impractical to initially prepare a purchase

description to support an award based on price, an Invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation.

9. Award. The contract shall be awarded with reasonable promptness to the lowest responsible

and responsive bidder whose bid meets the requirements and criteria set forth in the Invitation to Bid.

(1) Notice of Intended Award. The contract shall be awarded by written notice. Every

procurement of contractual services shall be evidenced by a written agreement. Notice of intended award, including rejection of some or all of bids received, may be given by posting the bid tabulations where the bids were opened, by telephone, by first class mail, or by certified United States mail, return receipt requested, whichever is specified in bid solicitation. A vendor may request, in their bid submittal, a copy of the tabulation sheet to be mailed in a vendor provided, self-addressed envelope for

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their records.

(2) Notice of Right to Protest. All notices of decision or intended decisions shall contain the statement: “Failure to file a protest within the time prescribed in Section 4.08 of the CDBG Purchasing Policy of the Town of Lake Hamilton shall constitute a waiver of Proceedings under that section of this policy”.

10. Cancellation of Invitations for Bids. An Invitation for bids or other solicitation may be

canceled, or any or all bids may be rejected in whole or in part when it is in the best interests of the Town, as determined by the Council provided such action does not violate CDBG program requirements. Notice of cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the reason for cancellation and, where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurement of similar items.

11. Disqualification of Vendors. For any specific bid, vendors may be disqualified by the

Finance Director or Town Clerk for the following reasons:

(1) Failure to perform according to bidding provisions. (2) Conviction in a court of law of any criminal offense in connection with the conduct

of business. (3) Clear and convincing evidence of a violation of any federal or state anti-trust law

based on the submission of bids or proposals, or the awarding of contracts. (4) Clear and convincing evidence that the vendor has attempted to give a Town

employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the Town’s purchasing activity.

(5) Failure to execute a Public Entity Crimes Statement as required by Florida Statutes Chapter 287.133 (3) (a).

(6) Failure to be a responsive bidder according to the bidding procedures and provisions will result in disqualification of a bid.

Section 4.05 COMPETITIVE SEALED PROPOSALS All contracts for purchases of a single item or services or aggregate in excess of the established base amount for Competitive Sealed Bids/Proposals in Section 4, where qualifications, not price, is the basis for contract award, shall be awarded by competitive sealed proposals. All contracts for the procurement of professional architectural, engineering, landscape architectural, and land surveying services will be awarded according to the provisions of Section 4.051. All other contracts required to be awarded by competitive sealed proposals will be awarded according to the provisions of Section 4.052. Section 4.051 PROFESSIONAL ARCHITECTURAL, ENGINEERING,

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LANDSCAPE ARCHITECTURAL, AND LAND SURVEYING SERVICES 1. Public Announcement. It is the policy of the Town to publicly announce all requirements for

professional architectural, engineering, landscape architectural, and land surveying services and to negotiate such contracts on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of such services, the Town may require firms to submit a statement of qualifications, performance data and other related information for the performance of professional services. (1) Scope of Project Requirements. Prior to submission of the request for proposals for professional services as an agenda item for approval by the Council, the Purchasing Officer shall submit to the Town written project requirements indicating the nature and scope of the professional services needed, including but not limited to the following:

(a) the general purpose of the services or study;

(b) the objectives of the study or services; (c) estimated period of time needed for the services or the study; (d) the estimated cost of the service or study;

(e) whether the proposed study or service would or would not duplicate any prior or existing study or services; (f) list of current contracts or prior services or studies which are related to the proposed study or service;

(g) the described qualifications, listed in order of importance, of the person or firm applicable to the scope and nature of the services requested.

(2) Distribution of Project Requirements. The Purchasing Officer shall distribute the written project requirements as approved by the Town Council to all persons on the mailing list who have indicated an interest in being considered for the performance of such professional services and to any additional persons as the Purchasing Officer or using agency deems desirable. The written project requirements shall include a statement of the relative importance of each of the requirements. The project requirements shall be accompanied by an Invitation to such persons to submit an indication of interest in performing the required services, and by notification of the date and time when such indications of interest are due. This date shall not be less than twelve calendar days from the date of public notice when the Purchasing Officer shall publish in at least one daily newspaper of general circulation in the County where the project is located and in a nearby federal Office of Management and Budget (OMB) designated metropolitan statistical area (MSA). Alternatively, the Town may substitute the above notice with any solicitation procedure which generates at least three responsible and responsive bids or proposals which can be considered. However, if three responsible and responsive bids or proposals are not received, the procurement will be invalid.

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(3) Modification Prohibition. After the publicized submission time and date, indications of interest shall not be modified or allowed to be modified in any manner except for correction of clerical errors or other similar minor irregularities as may be allowed by the Selection Committee (defined in Section 4.051B) prior to making its selection of those best qualified to be formally interviewed.

(4) Reuse of Existing Plans. There shall be no public notice requirements or utilization of the selection process as provided in this section for projects in which the Town is able to reuse existing plans from a prior project. However, public notice of any plans which are intended to be reused at some future time shall contain a statement which provides that the plans are subject to reuse.

2. Selection Committee Membership and Evaluation. Depending on the expected

complexity and expense of the professional services to be contracted, the Town may determine whether a three member or five-member selection committee will best serve the needs of the Council.

(1) Three Member Committee Composition. Membership of a three-member selection

committee shall be appointed by the Town Council.

(2) Five Member Committee Composition. Membership of a five-member selection committee shall be appointed by the Town Council.

(3) Selection Committee Evaluation. Only written responses of statements of qualifications, performance data, and other data received in the purchasing office by the publicized submission time and date shall be evaluated. Only those respondents who are determined to be best qualified based upon the evaluation of written responses and selected for Formal interview may submit additional data. From among those persons evidencing, by timely submission of written responses, an interest in performing the services the Selection Committee shall:

(a) prepare an alphabetical list of those persons determined by the Selection

Committee to be qualified, interested and available; and

(b) designate no less than three persons on the alphabetical list considered by the Selection Committee to be best qualified to perform the work required.

(4) Shortlisting. The best qualified respondents shall be based upon the Selection Committee’s ability to differentiate qualifications applicable to the scope and nature of the services to be performed. The Selection Committee shall determine qualifications, interest and availability by reviewing the written responses that express an interest in performing the

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services, and by conducting formal interviews of no less than three selected respondents that are determined to be best qualified based upon the evaluation of written responses. The determination may be based upon, but not limited to, the following considerations:

(a) competence, including technical educational and training, experience in the kind

of project to be undertaken, availability of adequate personnel, equipment and facilities, the extent of repeat business of the persons, and where applicable, the relationship of construction costs estimates by the person to actual cost on previous projects;

(b) current work; (c) financial responsibility; (d) ability to observe and advise whether plans and specifications are being

compiled with, where applicable; (e) record of professional accomplishments; (f) proximity to the project involved, if applicable; (g) record of performance; and ability to design an approach and work plan to meet

the project requirements, where applicable.

(5) Interview and Council Approval. After conducting the formal interviews, the Selection Committee shall list those respondents interviewed in order of preference based upon the considerations listed in subsection (4) above. The respondents so listed shall be considered to be the most qualified and shall be listed in order of preference starting at the top of the list. The list of best qualified persons shall be forwarded to the Council for approval prior to beginning contract negotiations. Negotiation sequence shall be based on the order of preference.

3. Negotiation Staff. Contract negotiations shall be conducted by the Purchasing Officer unless

the Council President directs that negotiations be conducted by a Negotiation Committee.

Negotiation. The Purchasing Officer or the Negotiation Committee shall negotiate a contract with the firm considered to be the most qualified to provide the services at compensation and upon terms which the Purchasing Officer or the Negotiation Committee determines to be fair and reasonable to the Town. In making this decision, the Purchasing Officer or the Negotiation Committee shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. As a part of the negotiation, the Purchasing Officer or the Negotiation Committee shall conduct a cost analysis, including evaluation of profit, based on a cost breakout by the firm of its proposed price. Should the Purchasing Officer or the Negotiations Committee be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm will be formally terminated. The Purchasing Officer or the Negotiation Committee shall then undertake negotiations with the second most qualified firm. Failing accord with the

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second most qualified firm, the Purchasing Officer or the Negotiation Committee shall formally terminate negotiations, and then shall undertake negotiations with the third most qualified firm. Should the Purchasing Officer or the Negotiation Committee be unable to negotiate a satisfactory contract with any of the selected firms, the Selection Committee shall select additional firms in order of their competence and qualifications, and the Purchasing Officer or Negotiation Committee shall continue negotiations in accordance with this section until an agreement is reached or until a determination has been made not to contract for services.

Section 4.052 OTHER COMPETITIVE SEALED PROPOSALS (non-287.055 services) 1. Conditions for Use. All contracts required by Section 4.05 to be awarded by competitive

sealed proposals that are not for the procurement of professional architectural, engineering, landscape architectural, and land surveying services, will be awarded according to the provisions of this section.

2. Consultant’s Competitive Negotiation Act. Professional services within the scope of the

practice of architecture, professional engineering, landscape architecture, or registered land surveying, as defined under the Consultant’s Competitive Negotiation Act (Section 287.055, Florida Statutes), shall be secured under the provisions of Section 4.051.

3. Council Approval. Proposals anticipated to exceed the threshold established in Section 4

for Competitive Sealed Proposals shall be approved by the Town of Lake Hamilton prior to solicitation.

4. Public Notice. Adequate public notice of the Request for Proposal shall be given in the

same manner as provided in subsection 4.04-3 of this policy for competitive sealed bidding. Notice shall also be sent to those vendors and contractors on the Town’s MBE/WBE solicitation list.

5. Evaluation Factors. The Request for Proposals shall state the relative importance of criteria

outlined in the scope of services, fee proposal, and other evaluation. 6. Proposal Cancellation or Postponement. The Purchasing Officer may, prior to a proposal

opening, elect to cancel or postpone the date and/or time for proposal opening or submission. 7. Revisions and Discussions with Responsible Offerors. As provided in the Request for

Proposals, and under regulations promulgated by the Town Council of the Town of Lake Hamilton, discussions may be conducted with responsible offerors who submit proposals determined to be qualified of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and

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revision of proposals, and such revisions may be permitted after submission and prior to award for the purpose of obtaining the best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. The Purchasing Officer shall prepare a written summary of the proposals and make written recommendation of award to the Town Council. As a part of the recommendation, the Purchasing Officer shall conduct a cost analysis, including evaluation of profit, based on a cost breakout by the firm of its proposed price.

Award. Award shall be made by the Town Council to the lowest responsive and responsible offer or whose proposal is determined in writing to be the most advantageous to the Town of Lake Hamilton, taking into consideration the evaluation factors set forth in the Request for Proposals. No other factors or criteria shall be used in the evaluation criteria that are not included in the Request for Proposal.

Section 4.06 SOLE SOURCE PURCHASES

Sole Source Certification. The procurement for all professional services and any contract resulting from a non-competitive procurement process must meet the requirements of 2 CFR Part 200 and Section 287.055 of the Florida Statutes. The Town’s Purchasing Officer must conduct a cost or price analysis of all proposed prices on sole source purchases, analysis shall include a review of profit as a separate element. Sole source purchases must be approved by DEO in writing.

Section 4.07 COOPERATIVE PURCHASING 1. State Contracts. The Purchasing Officer is authorized to purchase goods or services for any

dollar amount from authorized vendors listed on the respective state contracts of the Department of General Services, subject otherwise to the requirements of this policy.

2. Other Governmental Units. The Purchasing Officer shall have the authority to join other

units of government in cooperative purchasing ventures when the best interest of the Town would be served thereby, and the same is in accordance with this policy and with the Town and State Law.

Section 4.08 BID PROTEST 1. Right to Protest. Any actual prospective bidder, offeror, or contractor who is aggrieved in

connection with the solicitation or award of contract may protest to the Town Council. Protestors shall seek resolution of their complaints initially with the Purchasing Officer and secondly with the Town Clerk prior to protesting to the Town Council.

2. Filing a Protest. Any persons who is affected adversely by the decision or intended decision

of the Town shall file with the Purchasing Officer a notice of protest in writing within 72

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hours after the posting of bid tabulation or after receipt of the notice of intended decision; and file a formal written protest within 10 calendar days after he/she filed the notice of protest. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this Section. A written protest is filed with the Town when it is delivered to and received in the office of the Purchasing Officer.

1. The notice of protest shall contain at a minimum: the name of the bidder; the bidders

address and phone number; the name of the bidder’s representative to whom notices may be sent; the name and bid number of the solicitation; and a brief factual summary of the basis of the protest.

2. The formal written protest shall; identify the protestant and the solicitation involved;

include a plain, clear, statement of the grounds on which the protest is based; refer to the statutes, laws, ordinances, or other legal authorities which the protestant deems applicable to such grounds; and specifically request the relief to which the protestant deems himself entitled by application of such authorities to such grounds.

3. The protestant shall mail a copy of the notice of protest and the formal written protest

to any person with whom he/she is in dispute. 3. Settlement and Resolution. The Purchasing Officer shall; within 14 days of the formal

written protest, attempt to resolve the protest prior to any proceedings arising from the position. Provided, however, if such settlement will have the effect of determining a substantial interest of another party or business, such settlement must be reached in the course of the proceedings provided herein.

4. Protest Proceedings. If the protest cannot be resolved by mutual agreement, the Purchasing

Officer shall conduct or designate another to conduct a protest proceeding pursuant to the following procedures:

(1) Protest Proceeding Procedures.

(a) The presiding officer shall give reasonable notice to all substantially affected persons or businesses. Otherwise petitions to intervene will be considered on their merits as received.

(b) At or prior to the protest proceeding, the protestant may submit any written or physical materials, objects, statements, or affidavits, and arguments which he/she deems relevant to the issues raised.

(c) In the proceeding, the protestant, or his/her representative or counsel, may also make an oral presentation of his evidence and arguments. However, neither direct nor cross examination of witnesses shall be permitted, although the presiding officer may make whatever inquiries he/she deems pertinent to a determination of the

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protest. (d) The judicial rules of evidence shall not apply and the presiding officer shall

base his/her decision on such information given in the course of the proceeding upon which reasonable prudent persons rely in the conduct of their affairs.

(e) Within seven (7) working days of the conclusion of the proceeding, the presiding officer shall render a decision which sets forth the terms and conditions of any settlement reached. Such decision of the presiding officer shall be conclusive as to the recommendation to the Town Council.

(f) Any party may arrange for the proceedings to be stenographically recorded and shall bear the expense of such recording.

(2) Intervenor. The participation of intervenors shall be governed by the terms of the

order issued in response to a petition to intervene.

(3) Time Limits. The time limits in which protests must be filed as provided herein may be altered by specific provisions in invitation for bids or request for proposal.

(4) Entitlement to Costs. In no case will the protesting bidder or offeror be entitled to any costs incurred with the solicitation, including bid preparation costs and attorney’s fees. 5. Stay of Procurement During Protests. In the event of a timely protest under Subsection A of

this Section, the Purchasing Officer shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or unless the Town Council makes a determination that the award of a contract without delay is necessary to protect the substantial interest of the Town.

Section 4.09 CONTRACT CLAIMS 1. Authority of the Purchasing Officer to Settle Bid Protests and Contract Claims. The

Purchasing Officer is authorized to settle any protest regarding the solicitation or award of a Town contract, or any claim arising out of the performance of a Town contract, prior to an appeal to the Town Council or the commencement of an action in a court of competent jurisdiction, but may not settle any such protest or claim for consideration of $1,000.00 or greater in value without prior approval of the Town Council.

2. Decision of the Purchasing Officer. All claims by a contractor against the Town relating to a

contract, except bid protests, shall be submitted in writing to the Purchasing Officer for a decision. The contractor may request a conference with the Purchasing Officer on the claim. Claims include, without limitation, disputes arising under a contract, and those based upon

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breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.

3. Notice to the Contractor of the Purchasing Officer’s Decision. The decision of the

Purchasing Officer shall be promptly issued in writing, and shall be immediately mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached, and shall inform the contractor of his appeal rights.

4. Finality of the Purchasing Officer Decision; Contractor’s Right to Appeal. The Purchasing Officer’s decision shall be final and conclusive unless, within 10 calendar days from the date of receipt of the decision, the contractor files a notice of appeal with the Town Council.

5. Failure to Render Timely Decision. If the Purchasing Officer does not issue a written

decision regarding any contract controversy within fourteen calendar days after receipt of a written request for a final decision, or within such longer period as may be agreed upon between the parties, then the aggrieved party may proceed as if an adverse decision had been issued.

Section 4.10 REMEDIES FOR SOLICITATION OR AWARDS IN VIOLATION OF LAW 1. Prior to Bid Opening or Closing Date for Receipt of Proposals. If prior to the bid opening or

the closing date for receipt of proposals, the Purchasing Officer after consultation with the Town Attorney, determines that solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be canceled or revised to comply with applicable law.

2. Prior to Award. If after bid opening or the closing date for receipt of proposals, but prior to

the award contract, the Purchasing Officer after consultation with the Town Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law or ordinance, then the solicitation or proposed award shall be canceled.

3. After Award. If, after award, the Purchasing Officer after consultation with the Town Attorney, determine that a solicitation or award of a contract was in violation of applicable law or ordinance, then;

(1) if the person awarded the contract has not acted fraudulently or in bad faith:

(a) the contract may be terminated and the person awarded the contract shall be compensated for actual costs reasonably incurred under the contract plus a reasonable profit, but excluding attorney’s fees, prior to termination; or

(2) if the person awarded the contract has acted fraudulently or in bad faith the contract may be declared null and void or voidable, if such action is in the best interest of the

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Town. Section 5 CONTRACT ADMINISTRATION Section 5.1 CONTRACT PROVISION 1. Standard Contract Clauses and Their Modification. The Town, after consultation with the

Town Attorney, may establish standard contract clauses for use in Town contracts. However, the Purchasing Officer may, upon consultation with the Town Attorney, vary any such standard contract clauses for any particular contract.

2. Contract Clauses. All Town contracts for supplies, services, and construction shall include

provisions necessary to define the responsibilities and rights of the parties to the contract. The Purchasing Officer after consultation with the Town Attorney, may propose provisions appropriate for supply, service, or construction contracts, addressing among others the following subjects:

(1) the unilateral right of the Town to order, in writing, changes in the work within the scope of the contract; (2) the unilateral right of the Town to order in writing temporary stopping of the work or delaying performance that does not alter the scope of the contract; (3) variations occurring between estimated quantities or work in contract and actual quantities; (4) defective pricing; (5) time of performance and liquidated damages; (6) specified excuses for delay or nonperformance; (7) termination of the contract for default; (8) termination of the contract in whole or in part for the convenience of the Town; (9) suspension of work on a construction project ordered by the Town;

(10) site conditions differing from those indicated in the contract, or ordinarily encountered, except that a differing site conditions clause need not be included in a contract

(a) when the contract is negotiated; (b) when the contractor provides the site or design; or (c) when the parties have otherwise agreed with respect to the risk of differing

site conditions; (11) value engineering proposals; (12) remedies; (13) access to records/retention records; (14) environmental compliance; and (15) prohibition against contingency fees; (16) insurance to be provided by contractor covering employee property damage,

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liability and other claims, with requirements of certificates of insurance and cancellation clauses; (17) bonding requirements as set by the Town Council; (18) causes of and authorization for suspension of contract for improper contractor activity.

Section 5.2 PRICE ADJUSTMENTS 1. Method of Price Adjustment. Adjustments in price during the term of a contract shall be

computed in one or more of the following ways upon approval by the Town:

(1) by agreement on a fixed price adjustment before adjustment before commencement of the pertinent performance or as soon thereafter as practicable; (2) by unit prices specified in the correct or subsequently agreed upon; (3) by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon by the Town; (4) in such other manner as the contracting parties may mutually agree; or (5) in the absence of agreement by the parties, by a unilateral determination by the Town of the costs attributable to the events or situations under such clauses with adjustment of profit or fee as computed by the Town, subject to this Section.

2. Costs or Pricing Data Required. A contractor shall be required to submit cost or pricing

data if any adjustment in contract price is subject to the provisions of this Section. Section 5.3 CHANGE ORDERS/CONTRACT AMENDMENTS Change orders and contract amendments, which provide for the alteration of the provisions of a contract may be approved by an appropriate person based upon the dollar value of the change or amendment. The purchasing categories thresholds designated in Section 4.01 shall govern the appropriate level of approval. Section 5.4 ASSIGNMENTS OF CONTRACTS No agreement made pursuant to any section of this policy shall be assigned or sublet as a whole or in part without the written consent of the Town nor shall the contractor assign any monies due or to become due to the contractor hereunder without the previous written consent of the Town. Section 5.5 RIGHT TO INSPECT PLANT The Town may, as its discretion, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performances of any contract awarded, or to be awarded, by the Town. The right expressed herein shall be included in all contracts or subcontracts that involve the performance of any work or service involving the Town.

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Section 6 TOWN PROCUREMENT RECORDS 1. Contract File. All determinations and other written records pertaining to the solicitation,

award, or performance of a contract shall be maintained for the Town in a contract file. 2. Retention of Procurement Records. All procurement records shall be retained and disposed

of by the Town in accordance with records retention guidelines and schedules established by the State of Florida and Federal Guidelines. For CDBG related activities that retention period is six years.

Section 7 SPECIFICATIONS Section 7.1 MAXIMUM PRACTICABLE COMPETITION All specifications shall be drafted to promote overall economy and encourage competition in satisfying the Town needs and shall not be unduly restrictive. The policy applies to all specifications including, but mot limited to, those prepared for the Town by architects, engineers, designers, and draftsmen. Section 7.2 USE OF BRAND NAME OR EQUIVALENT SPECIFICATIONS 1. Use. Brand name or equivalent specifications may be used when the Town determines that:

(1) no other design, performance, or qualified product list is available; (2) time does not permit the preparation of another form of purchase description, not

including a brand name specification; (3) the nature of the product or the nature of the Town requirements makes use of a brand

name equivalent specifications suitable for the procurement; or (4) use of brand name or equivalent specification is in the Town’s best interest.

2. Designation of Several Brand Names. Brand names or equivalent specifications shall seek

to designate three, or as many different brands as are practicable, as “or equivalent” references and shall further state the substantially equivalent products to those designated may be considered for award.

3. Required Characteristics. The brand name or equivalent specifications shall include a

description of the particular design, functional, or performance characteristics required. 4. Nonrestrictive Use of Brand Name or Equivalent Specifications. Where a brand name or

equivalent specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition.

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5. Determination of Equivalents. Any prospective bidder may apply, in writing, for a pre-bid determination of equivalence by the Purchasing Director. If sufficient information is provided by the prospective bidder, the Purchasing Director may determine, in writing and prior to the bid opening time, that the proposed product would be equivalent to the brand name used in the solicitation.

6. Specifications of Equivalents Required for Bid Submittal. Vendors proposing equivalent

products must include in their bid submittal the manufacturer’s specifications for those products. Brand names and model numbers are used for identification and reference purposes only.

Section 7.3 BRAND NAME SPECIFICATIONS 1. Use of Brand Name Specifications. Since the use of a brand name specification is restrictive

of product competition, it may be used only when the Purchasing Director makes a determination that only the identified brand name item will satisfy the Town needs.

2. Competition. The Purchasing Director shall seek to identify sources from which the

designated brand name item or items can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable. If only one source can supply the requirement, the procurement shall be made under Section 4.10, Sole Source Purchases.

Section 8 ETHICS IN PUBLIC CONTRACTING Section 8.1 CRIMINAL PENALTIES To the extent that violations of the ethical standards of conduct set forth in this section constitute violations of the State Criminal Code they shall be punishable as provided therein. Such penalties shall in addition to civil sanctions set forth in this part. Section 8.2 EMPLOYEE CONFLICT OF INTEREST 1. Participation. It shall be unethical for any Town employee, officer, or agent to participate

directly or indirectly in a procurement or administration of a contract. A conflict of interest would arise when:

(1) the Town employee, officer or agent; (2) any member of his immediate family; (3) his or her partner; or (4) an organization which employs, or is about or employ, any of the above, has a

financial or other interest in the firm selected for award. The officer’s employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from

contractors, or parties to sub-agreements.

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Section 8.3 CONTEMPORANEOUS EMPLOYMENT PROHIBITED It shall be unethical for any Town employee who is participating directly or indirectly in the procurement process to become or to be, while such a Town employee, the employee of any person contracting with the Town of Lake Hamilton. Section 8.4 USE OF CONFIDENTIAL INFORMATION It shall be unethical for any employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of other persons. Section 8.5 GRATUITIES AND KICKBACKS 1. Gratuities. It shall be unethical for any person to offer, give, or agree to give any Town

employee, officer, or agent to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with the decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard rendering of advise, investigation, auditing, or performing in any other advisory capaTown in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, subcontract, or to any solicitation or proposal theretofore.

2. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be

made by or behalf a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

3. Contract Clause. The prohibition against gratuities and kickbacks prescribed in this section

shall conspicuously set forth in every contract and solicitation therefore. Section 8.6 SANCTIONS 1. Employee Sanctions. Upon violation of the ethical standards by an employee, officer or

agent of the Town, or other appropriate authority may:

(1) impose one or more appropriate disciplinary actions as defined in the Town Personnel Rules and regulations, up to and including termination of employment; and;

(2) may request investigations and prosecution 2. Non-employee Sanctions. The Council may impose any one or more of the following

sanctions on a non-employee for violation of the ethical standards:

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(1) written warnings; (2) termination of contracts; or (3) debarment or suspension as provided in Section 11-8.

Section 8.7 RECOVERY OF VALUE TRANSFERRED OR RECEIVED IN BREACH OF ETHICAL STANDARDS 1. General Provisions. The value of anything being transferred or received in breach of the

ethical standards of this policy by a Town employee or non-employee may be recovered from both the Town employee and non-employee.

2. Recovery of Kickbacks by the Town of Lake Hamilton. Upon a showing that a

subcontractor made a kickback to prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the Town and will be recoverable hereunder from the recipient. In addition, that amount may also be recovered from the subcontractor making such a kickback. Recovery from one offending party shall not preclude recovery from other offending parties.

Section 9 FEDERAL POLICY NOTICE Section 9.1 PATENTS If a contract involving research and development, experimental, or demonstration work is being funded in whole or in part by assistance from a federal agency, then the contract shall include the following provisions: 1. Notice to Contractor. The contract shall give notice to the contractor of the applicable

grantor agency requirements and regulations concerning reporting of, and rights to, any discovery or inventions arising out of the contract.

2. Notice by Contractor. The contract shall require the contractor to include a similar provision

in all subcontracts involving research and development, experimental, or demonstration work.

Section 9.2 NOTICE OF FEDERAL PUBLIC POLICY REQUIREMENTS 1. Applicability. If the contract is being funded in whole or in part by assistance from any

federal agency, the contract is subject to one or more federal public policy requirements such as:

(1) equal employment opportunity; (2) Copeland “anti-kickback” Act;

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(3) Davis Bacon Act; (4) Contract Work Hours and Safety Act; (5) Americans with Disabilities Act; and (6) Other requirements set forth in any contract.

2. Notice. The Purchasing Director shall include in the contract all appropriate provisions

giving the contractor notice of these requirements. Where applicable, the Purchasing Director shall include in the contract provisions the requirement that the contractor give similar notice to all of its subcontractors.

Section 10 PAYMENT TO VENDORS All payment to vendors shall also in accordance with the amended “Prompt Payment Act”, Chapter 89-297, Florida Statutes. Section 11 MINORITY BUSINESS ENTERPRISE PARTICIPATION PROGRAM 1. Purpose and Scope. The purpose of the Minority Business Enterprise Program is to enhance

the participation of qualified minority and women-owned businesses in providing goods and services and construction contracts required by the Town Council. This program describes procedures to accomplish this purpose and to monitor and evaluate progress. All Department and Divisions under the jurisdiction of the Town Council are responsible for implementing this program.

2. Policy Statement.

(1) It is the policy goal of the Town that two percent (2%) of the Council approved procurement as contained with both operating and capital improvement budgets (exclusive of in-house services and construction) shall be identified and let through the competitive bid process to minority and women businesses and persons. The program is based on an in-depth evaluation of all actual as well as projected procurement (Capital Improvement Projects, equipment, commodities and services) and on the market place. Procurement identified to establish a base for this program are not limited to those items only. This evaluation is the main factor in building a realistic program with attainable targets.

(2) All departments and divisions under the jurisdiction of the Town Council are responsible

for implementing this program and for making every reasonable effort to utilize MBEs and WBE’s when opportunities are available. The Purchasing Officer will take the lead role in this process by taking active steps to encourage minority or women owned businesses.

(3) Regarding the implementation of this policy, it is the Council’s intent to foster economic development in the Town’s area by establishing its MBE goals based on availability of minority and women-owned businesses located within the Town. This is no way intended to limit

108


or restrict competition. Rather, availability of area companies will be used to guide MBE goals. Such geographical preferences may be adjusted, amended or repealed by the Town Council, with or without a public hearing, as deemed necessary. 3. Definition. Minority Business Enterprise (MBE) as used herein, means a business that is

owned and controlled at least 51% by one or more minority persons (MBE) or by one or more women (WBE) and whose management and daily operations are controlled by one or more such persons.

4. Administrative Responsibilities. The Purchasing Officer is responsible for the coordination

of the Minority Business Enterprise Program and registration.

(1) Capital Improvement Projects

(a) REVIEW The Purchasing Officer and an appropriate department representative shall review

each proposed project or bid to determine potential for utilization of MBE/WBEs and report their finds to the Town Council. This review is based on known availability of capable MBE/WBEs in the area in relation to the scope of the bid package and considers how a project might be broken down into sub-bids.

(b) PRE-BID ACTIVITY

(1) Language regarding the Minority Business Enterprise Program will be inserted into bid specifications to assure that prospective bidders are aware of a requirement

to make good faith efforts to utilize MBE/WBEs. (2) Registered MBE/WBEs, the Minority Contractors Association and other organizations for minority and women owned businesses will be notified in writing regarding pre-bid conferences where information on project scope and specifications will be presented, along with other types of technical assistance.

(3) Upon request available plans and specification will be provided to MBE/WBE associations along with any special instructions on how to pursue bids. (4) Majority (prime) contractors on a bid list will be sent a letter outlining the Minority Business Enterprise Program procedures, the supportive documentation required for submittal with their bid, and a list of MBE/WBE contractors on the bid list.

(5) Prior to award the Prime Contractor must provide documentation on attempts to solicit participation from MBE/WBE firms. (6) The Prime Contractor attempts to utilize MBE/WBE firms during the project must be documented as part of the Prime’s contract award

109


responsibilities under this program. Documentation to include but not limited to requests for bids, bids received and justification for not utilizing MBE/WBE firms when bid amounts received are comparable.

Failure to keep these commitments will be deemed noncompliance with the contract and may result in a breach of contract.

(2) Contractor Responsibilities

(a) Contractors must indicate all MBE/WBEs, contacted for quotes regarding a particular scope of work and submit a completed “Intent to Perform” sheet containing information and documentation obtained from each MBE/WBEs.

(b) A contractor who determines that a MBE/WBEs, names in the bid submittal, is unavailable or cannot perform, will request approval from the Purchasing Officer to name an acceptable alternate. Such requests will be approved when adequate documentation of cause for the change is presented by the contractor.

(c) A contractor’s MBE/WBE plan will utilize MBE/WBEs to perform commercially useful functions in the work bid. A MBE/WBE is performing a commercially useful function when it is responsible for the management and performance of a distinct element of the total work.

(d) Contractors are required to make good faith efforts to obtain MBE/WBE participation when so stipulated by bid specifications and/or contracts. If these efforts are unsuccessful, the contractor will submit a non-availability or refusal to participate and will request waiver of MBE/WBE participation.

(e) The contractor who is the successful bidder will attend pre-construction conferences with appropriate Town representatives to review the project scope and the MBE/WBE utilization plan.

(f) The contractor who is the successful bidder must request a change order for any modification to the MBE/WBE plan. Change orders require Council approval and are contingent on contractor documentation of MBE/WBE involvement in the change requested and documentation of cause for these changes. 5. Joint Venture Responsibilities

Definition of Joint Venture - A business arrangement in which two or more parties agree to pool their resources for the purpose of accomplishing a specific task. All parties agree to

110


share in the profit and losses of the enterprise.

(a) All joint ventures between minority and non-minority contractors must meet the “joint venture” definition included in the policy.

(b) The use by MBE/WBEs or prime contractors of “minority fronts” or other

fraudulent practices which subvert the true meaning and spirit of the Minority Business Enterprise Program, will not be tolerated and may result in termination of participation.

(c) A joint venture consisting of minority and non-minority business enterprise

will be credited with MBE/WBE participation on the basis of the percentages of the dollar amount of the work to be performed by the MBE/WBEs.

(d) Contracts subject to this policy shall contain provisions stating that liquidated

damages may be assessed against the general contractor and/or the MBE/WBE specifications in the contract(s). Such liquidated damage provisions shall be in a form approved by the Council.

6. Fulfilling MBE/WBE Participation Requirements

For the purpose of this policy, a general contractor may utilize the services of a MBE/WBE subcontractor, manufacturer, and/or supplier in estimating and satisfying the scope of work provided that written contract/agreement is executed between the general contractor and the subcontractor, manufacturer, and/or the supplier.

7. Payment

(1) Payment will be expedited by the Town Council within thirty (30) days upon completion and acceptance of the project. Special consideration may be given to hardship cases upon notification by MBEs/WBEs.

(2) The Town will provide work progress payments to all business at the completion and subsequent acceptance by Council representatives within various stages of a particular project.

8. Bid List.

A bid list for the purpose of bid solicitations shall be maintained by the Town. The list shall consist of firms that apply.

(1) The Council may remove firms from the bid list for the following reasons:

(a) failure to perform according to contract provisions;

111


(b) conviction in a court of law of any criminal offense in connection with the conduct of business.

(c) clear and convincing evidence of a violation of any federal or state anti-trust law based on the submission of bids or proposals or the awarding of contracts.

(d) clear and convincing evidence that a vendor has attempted to give a Council employee, officer or agent a gratuity of any kind for the purpose of influencing recommendation or decision in connection with any part of the Town Council purchasing activity;

(e) violation of circumvention of the Minority Business Enterprise Program; or (f) other reasons deemed appropriate by the Town Council

(2) This policy is consistent with the Town’s Purchasing Policy. Wherever conflicts may exist, the provision in this Purchasing Policy will prevail.

9. Reporting,

The Purchasing Officer or appropriate person will report, at least annually, to the Council on the Status of the Minority Business Enterprise Program. Records will be maintained reflecting participation of local minority and women owned businesses and shall be reported.

10. Severability Clause.

Each separate provision of this program is deemed independent of all other provisions herein so that if any provision or provisions be declared invalid, all other provisions hereof shall remain valid and full force and effect

This resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 11th day of July 2017 .


___________________________________ Marlene M. Wagner, Mayor

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Attest with Seal: _________________________________ Sara Irvine, Town Clerk Approved as to Form and Legality: _________________________________ Jeffrey S. Dawson, Town Attorney

113

RESOLUTION 2017 – 17

A RESOLUTION OF THE TOWN OF LAKE HAMILTON, FLORIDA, ADOPTING A POLICY FOR THE PROTECTION OF INDIVIDUALS ENGAGING IN NON-VIOLENT CIVIL RIGHTS DEMONSTRATIONS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, 906 of Public Law 101-625, enacted as Section 104 of the Housing and Community

Development Act of 1974, requires subrecipients of federal funds to adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations;

WHEREAS, 906 of Public Law 101-625, enacted as Section 104 of the Housing and Community

Development Act of 1974, requires subrecipients of federal funds to adopt and enforce a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction;

NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Lake Hamilton, Florida that; HENCEFORTH, it is the policy of the Town of Lake Hamilton;

A. To prohibit the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and to enforce applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction with due and proper consideration given to the extent and limits of the Town’s power and authority to do so.

B. All other resolutions and policies or sections of resolutions and policies of the Town of Lake Hamilton in conflict with the provisions of this Resolution are hereby repealed to the extent of such conflict.

C. If any section, paragraph, sentence, or clause hereof or any provision of this Resolution is declared to be invalid or unconstitutional, the remaining provisions of this Resolution shall be unaffected thereby and shall remain in full force and effect.

This Resolution shall take effect immediately upon its passage. PASSED and ADOPTED this 11th day of July 2017 .

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115

MEMORANDUM To: Town Council From: Town Planner Date: July 6, 2017 Subj: Update on Projects 1. Water System USDA Application. The final application and the Engineering

Agreement are now complete. The engineering Funds have been released for water infrastructure projects, environmental clearance has been completed. We are awaiting a letter from USDA stating the funding they can provide by grant and loan.

2. Gunter Park. All facilities are complete. Financial records are being assembled to close out the project. FDEP will reimburse once that package is received and approved.

3. Sample Park. All facilities are complete and records are being assembled for

reimbursement. 4. Bruce Martin Park. The project was approved to spend money on April 10,

2017. The picnic shelter is complete. The playground equipment was delivered early, and is being assembled by the installers. Installation of the fence and the backstop will be done by one contractor and should be complete in August.

5. U.S. 27 Sanitary Sewer Project. The U.S. 27 Sewer Project contractor, Tri-Sure

Corporation of Auburndale completed installation of pipes in June. The pipes have been pressure tested and are approved. All connection points have been installed for the first 32 businesses. The master lift station electrical, plumbing, pumps and controls await deliveries and installation by subcontractors. The project should be completed in August.

116

Status Report July 6, 2017 Page 2

6. U.S. 27 Sanitary Sewer Project Interlocal Agreement. The “Phase 1 U.S. 27

Wastewater System Improvement Project Agreement”, is in final draft form. The question as to issues with Dundee’s Wastewater bonds has been cleared up and the Agreement will be on the Dundee Commission’s agenda for July 11, 2017. I have received approval of the Loan Agreement from the Town Attorney and from FDEP/SRF. The full text of the Interlocal, with agreed upon changes, is included on the agenda.

7. CDBG Projects. The application for the Lake Gordon - Marye Jayne Heights

Neighborhood Revitalization Drainage Project was submitted February 16, 2017. We are ranked 9th for funding of 33 applications submitted, which means we are in a good position to receive funding approval. The site visit by a Department of Economic Opportunity (DEO) representative was conducted May 2, 2017. She had a few comments on the application, which were addresses by Melissa Fox on May 26, 2017. The five Resolutions on the agenda are required to update changes since the originals were adopted in 2012 for the water line replacement project in Lake Gordon – Marye Jayne Heights. Funding notice should arrive any time.

8. USDA Loan/Grant for Police Cars. The police cars continue to be delayed by

the Federal budget process, but we have been moved to the first priority for funding from “last year”. The original application had the Town paying $115,000 and the USDA paying $139,637 for seven (7) cars, which is a 55% grant. I spoke with Sylvia Robinson on Monday, July 3, 2017 and she confirmed that she had requested $139,640 as the grant for the cars. Formal approval is still pending, but should be any time.

9. USDA Loan/Grant for Town Hall Renovations and Addition. Like the Police cars this project is delayed by Federal funding. We have supplied Ms. Robinson with the Council approved Capital Projects Plan and the Draft Capital Improvements Budget, which should be enough to qualify for a grant for the building. However, if we press ahead for funding from what is “last year’s” federal budget, we will be competing against ourselves because of the Police Cars application. Sylvia advises that we consider getting fully qualified and delaying our application until the new fiscal year, which begins October 1, 2017. Chief Teague remains in contact with the State Attorney to keep him up to date on our progress on grant funding, so staff recommends taking Ms. Robinson’s advice.

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Status Report July 6, 2017 Page 3 10. Scenic Highway (S.R. 17) Sanitary Sewer Project. The Council authorized a

$20,000 Planning Study to Envisors for the extension of sewer from Dundee north up SR17 to Smith Avenue to Second Street to Bryant Avenue to SR17 and as far north as a largely gravity sewer project is feasible. Envisors submitted the draft plans and John Sowerby of FDEP/SRF has a number of comments. Work is proceeding. This application cannot be considered for funding because the US17 Sewer Project is not closed out. We will be working on completion of the application for submission to FDEP/SRF for their November funding meeting.

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From the Desk of …

Chief Michael Teague

July 5, 2017

TO: Staff

SUBJECT: Council Report

June Items:

- Officer Lorenzo completed phase I training

- Chief attended the Community Traffic Safety Team Meeting

- Chief attended the Polk County Police Chief’s Meeting

- Officer Hlas came back to full duty status

- Unit #7 was repaired for Officer Hlas use

-

-

-

-

-

Michael Teague

119

STAT SHEET 17-Jun

Officer Calls Reports FIR Arrest-T Arrest-F Arrest-M Arrest-W R-Cannabis R-Cocaine R-K2 R-Meth R-Firearms S-Currency S-Vehicles Accidents Citations CR-Citations Warnings Community Outreach Training Hours

Hasenzahl 331 17 11 1 10 23.2 17 2 45 12 1

Hlas 95 4 2 2 6 6 1

Burns 270 15 5 1 4 2 6 23 3 31 4 1

Turner 194 16 12 3 7 2 47.7 40 4 43 65

Giffin 41 14 1 1 4 1

Teague 42 7 1 1 1 5 3

Lorenzo 25 2 2 2 2 1 4

Total 998 75 0 34 5 27 2 72.9 0 0 0 0 0 0 11 91 11 129 16 73

Reserve Hrs

120

TOTAL CALLS TOTAL ARRESTS

0 0

0 0

0 0

0 0

11 0

0 0

0 0

1 0

0 0

0 0

1 0

15 0

2 0

1 0

0 0

2 2

0 0

0 0

2 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

2 0

5 0

2 0

1 0

0 0

0 0

1 0

0 0

5 0

0 0

1 0

DISTURBANCE - NOISE

DISTURBANCE - VEHICLE NOISE

DISTURBANCE - WEAPON

DISTURBANCE

DROWNING

DRUNK DRIVER

DEATH INVESTIGATION

DIRECTED TRAFFIC ASSIGNMENT

DISABLED VEHICLE

DISTURBANCE - CIVIL

DISTURBANCE - FAMILY

DISTURBANCE - JUVENILE

CHILD ABUSE

CRIMINAL MISCHIEF

CRUELTY TO ANIMALS

CURFEW VIOLATION

CUTTING

DANGEROUS SHOOTING

BATTERY - AGGRAVATED

BATTERY - DOMESTIC

BURGLARY - BUSINESS

BURGLARY - CONVEYANCE

BURGLARY - RESIDENTIAL

BURGLARY - STRUCTURE

ANIMAL COMPLAINT - WILDLIFE

ASSAULT

ASSAULT - AGGRAVATED

ASSIST OTHER AGENCY

ATTEMPT TO CONTACT

BATTERY

ABDUCTION

AED ASSIST

ALARM

ANIMAL COMPLAINT

ANIMAL COMPLAINT - DOMESTIC

ANIMAL COMPLAINT - LIVESTOCK

LAKE HAMILTON POLICE DEPARMENTPO Box 126, 100 Smith Ave, Lake Hamilton, FL 33851

PHONE: 863-437-4711/ FAX: 863-439-1136

JUNE 2017 - MONTHLY ACTIVITY REPORT

ABANDONED/ IMPOUNDED

ABANDONED / FOUND PROPERTY

Page 1 of 4

121

0 0

0 0

0 0

0 0

1 0

0 0

0 0

1 0

0 0

0 0

1 0

1 0

0 0

1 0

0 0

0 0

0 0

0 0

0 0

0 0

3 0

0 0

0 0

75 0

0 0

35 1

0 0

0 0

2 0

1 0

0 0

0 0

0 0

3 0

1 0

0 0

0 0

0 0

5 0

0 0

3 0

0 0

112 0

3 0

68 0

179 2

1 0

PATROL BUSINESS

PATROL REQUEST

PATROL RESIDENCE

PERIMETER CHECK

PETIT THEFT

MOLESTING

MURDER

NARCOTICS VIOLATION

NATURAL DISASTER

OPEN DOOR / WINDOW

OVERDOSE

LOST/ABANDONED TAG OR DECAL

MAIL THEFT

MEDICAL ASSIST

MENTALLY ILL PERSON

MISDEMEANOR

MISSING / ENDANGERED PERSON

INJURED PERSON

INVESTIGATION

LAW ENFORCEMENT CALL

LEWD ACT

LITTERING

LOST PROPERTY

HIT & RUN SERIOUS INJURY TO RESULT IN DEATH

HITCHHIKER

HIGHWAY OBSTRUCTION

IDENTITY THEFT

INDUSTRIAL ACCIDENT

INFORMATION

GAMBLING

GRAND THEFT

HARRASSING PHONE CALLS

HIT & RUN FATALITY

HIT & RUN INJURIES

HIT & RUN PROPERTY DAMAGE ONLY

FILING FALSE REPORT

FIRE

FIRE ASSIST

FIRST RESPONDER REQUEST

FRAUD/FORGERY/COUNTERFEITING/UTTERING

FUNERAL ESCORT

DRUNK PERSON

ESCAPED PRISONER

EXCITED DELIRIUM

EXTORTION

FELONY

FIGHT

Page 2 of 4

122

0 0

0 0

0 0

0 0

1 0

0 0

0 0

0 0

0 0

1 0

0 0

0 0

0 0

0 0

21 0

0 0

0 0

0 0

5 0

1 0

0 0

7 0

7 0

10 1

0 0

0 0

2 0

3 0

201 19

0 0

13 0

13 0

0 0

0 0

1 2

893 28

TOTAL CITATIONS TOTAL ARRESTS

10 10

100 0

D.U.I. 0 0

0 0

126 0

224 10

TOTAL WGT /

VALUE

TOTAL ARRESTS

72.9 6Recovered Cannabis

CRIMINAL TRAFFIC

NON-CRIMINAL TRAFFIC

PARKING TICKETS

WARNINGS

OVERALL TOTAL

VEHICLE CRASH

WORTHLESS CHECK

VIOLATION OF INUNCTION

WARRANT / CAPIAS ARREST

OVERALL TOTAL

THEFT

TRAFFIC ASSIGNMENT

TRAFFIC COMPLAINT

TRAFFIC STOP

TRESPASSING

UNCONFIRMED EMERGENCY

SUICIDE ATTEMPT

SUSPICIOUS AIRCRAFT

SUSPICIOUS INCIDENT

SUSPICIOUS PERSON

SUSPICIOUS VEHICLE

TAMPERING

SOLICITATION VIOLATION

SPECIAL DETAIL

STOLEN TAG / DECAL

STOLEN VEHICLE

STOLEN VEHICLE RECOVERED

SUBJECT STOP

RUNAWAY

SERVE CIVIL PROCESS

SEXUAL BATTERY (FAMILY,UNK,KNOWN)

SHOOTING/THROWING MISSILE INTO BUILDING

SHOOTING/THROWING MISSILE INTO VEHICLE

SHOOTING/ PERSON

PROPERTY DAMAGE NON-CRIMINAL

PROWLER

RESISTING OFFICER

RETAIL THEFT

RIOT

ROBBERY

POSS FIREARM BY FELON

Page 3 of 4

123

0 0

0 0

0 0

48 3

172 0Based on Property received in Prop Room and not marked Dispo=COR Action=FX

Recovered Cocaine

Recovered Meth

Recovered Heroin

Recovered Pills

Seized Currency

Page 4 of 4

124

MEMORANDUM

To: Town Council and Town Administrator

From: Public Works Director

Subject: June Public Works Update

• Playground equipment contractor has promised that the equipment will be up before the end of July. Backstop is going up as I write and should be done by the time you read this. Playground fence will be done after the playground equipment is up.

• All the rain has generated a lot of potholes and my staff has gone through a few tons of patch.

• Everything else is going well and we are managing while still being down one man. I am waiting for more applicants before I do interviews, but will begin mid-July.

126

MEMORANDUM To: Town Administrator and Town Council

From: Public Works Director

Subject: Cover Letter to Employment Contract

I wanted to write this letter as a brief introduction to my contract and as an overview on my methodology. I’m requesting a pay raise to $24.04 an hour. This number will bring me to a base pay of about $50,000 a year and that is the amount that Dundee started out their Public Works Director and we both have very similar qualifications and backgrounds. Dundee is not exceptional in their pay, it is my understanding that all other cities pay a great deal more for their department heads, in fact the median average (according to Public Works Magazine 2017 Survey) for a Public Works Director position is $94,000 (which of course I do not expect a small Town like Lake Hamilton to get close to). To put it into another perspective. According to my sources, the lead wastewater operator at the City of Haines City makes $24.00 an hour and he has 3 supervisors above him and a great deal less responsibility than myself. I have also worked for the Town of Lake Hamilton nearing three years and I believe that the accomplishments of my department are already evident to the council and I will not overload this letter with details, but will say that. . .

• I have increased productivity, significantly lowered the amount we pay for our inventory (we are buying and doing more for less money per project/repair). We actually have an inventory now and I’ve reduced how much we have to keep in stock, thereby reducing the space needed to store the inventory.

• Cleaned up the budget (with the Town Administrator) in my departments so that things are being charged to the right area and we have a clearer picture of what stuff actually cost.

• Increased efficiency in the operation of the water treatment plant and maintenance department (we are not wasting time repeating steps) i.e. when I started, we were checking the plant 7 days a week, taking 3 hours to do so and running high service pumps constantly. Now we check the plant 6 days a week, 30min -1hr a day and we run the much smaller and more energy efficient jockey pumps most of the time. We also took the hydrogen sulfide system offline which cost us significant amounts of chemicals and energy as well as about $3,000 to clean every year. All of this was done in accordance with the rules and regulations of the Florida Department of Health and the Florida Department of Environmental Protection. So much so that on the 2016 sanitary survey, the DOH found our system to be substantially in compliance and marked no deficiencies on the report. We’ve also reduced unaccounted water and increased the accuracy of our billing, generating more revenue for the Town.

• An example of efficiency in the maintenance department is that the Claw Truck runs twice a week instead of every day.

• We have several projects that are either completed, soon to be completed, or soon to be starting. I don’t take sole credit for all of these projects as most were a joint effort between Sara, Doug, the Council and myself. The leg work, effort and accolades for the US 27 wastewater grant belong to Mayor Wagner and Doug Leonard.

I believe that the rest of the contract is self-explanatory, however the benefits of it, is that I will be under contract for the next five years, and I would now have to give a 30-day notice if I chose to resign after the five years are up. I believe that by then the Public Works departments will be running like clockwork. If at that time I move on in my career, it will be a seamless transition for the Town and the next Public Works Director. I close in saying that it has been a great honor and pleasure to serve the Town of Lake Hamilton and to work with a great group of people who are dedicated to making the Town Lake Hamilton better and I look forward to many more years of service. Sincerely, Nathan David Lewellen

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Public Works Contract 2017

Employment Agreement of

Public Works Director


(Hereinafter "Agreement"), made and entered into this 11th day of July, 2017, by and between Town of Lake Hamilton, a Florida municipal corporation, (hereinafter "Employer") as party of the first part, and Nathan Lewellen, (hereinafter "Employee") as party of the second part, as follows:

WHEREAS, Employer desires to continue to employ the services of Employee as Public Works Director;

and

WHEREAS, it is the desire of the Governing Board of Employer, hereinafter called "Council" to provide certain benefits, to establish certain conditions of employment and to set working conditions of Employee as Public Works Director; and

WHEREAS, it is the desire of Council to: (l) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment; (2) make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (3) deter against malfeasance or dishonesty for personal gain on the part of Employee; and (4) provide a just means for terminating Employee's services at such time as Employee may be unable to fully discharge Employee's duties or when Employer may otherwise desire to terminate Employee; and

WHEREAS, Employee desires to continue employment as Public Works Director of Employer;

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

SECTION 1 EMPLOYMENT RELATIONSHIP

1.1 Public Works Director.

Employee shall serve as the Public Works Director for the Town of Lake Hamilton which, as defined by the Employer’s Personnel Policy and current job description, is the Department Head for all Operations within the Employer’s Water and Wastewater Utilities, Parks, Sanitation, Streets and Facility Maintenance.

1.2 Duties and Responsibilities as Public Works Director

Employee will perform the Public Works Director function and duties as specified in the Employer’s Job Classification, Town Charter, Municipal Code and the laws of the State of Florida and to perform such other legally permissible and proper duties and functions as the Town Administrator shall from time to time assign.

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(a) Unless an office is provided at the Town Hall, the services of Public Works Director shall be performed at the office in the water treatment plant building on Monroe Lane; provided, however that the Employer may require Employee to travel to other locations to perform services for or on behalf of Employer.

(b) Employee will, to the best of his ability and experience, loyally and conscientiously perform all of the duties and obligations required of Public Works Director either expressly or implicitly by the terms of this contract.

1.3 Employment Relationship.

Employee is to continue being employed as a full-time, Non-Exempt Employee of Employer as Employer's Public Works Director. Employer and Employee agree to this employment relationship in perpetuity from the date of the acceptance of this agreement by Employer and Employee until at which time employment is terminated by either party consistent with the terms and conditions of this contract (Agreement) and the Employer’s personnel policies. Employee agrees to remain in the exclusive employ of Employer through its Council for the next four (4) years from the date of the acceptance of this agreement by Employer and Employee. Employee shall not accept employment, on a full-time or part-time basis, with any other person, firm, agency or entity while Employee is gainfully employed with Employer. Notwithstanding the above, Employee shall be permitted to occasionally volunteer, serve on committees, teach, write or consult for other persons, firms, agencies or entities provided said activity does not: 1) involve specific parties or activities of Employer which could potentially result in a conflict of interest; and 2) interfere with Employee's ability to perform and fulfill Employee's responsibilities and obligations to Employer.

Nothing contained herein shall prevent, limit or otherwise conflict or interfere with Employee's right to resign from employment with Employer after the Fourth (4th) year of this agreement. However, Employee shall provide notice as set forth at paragraph 5.4 of this Agreement. As well, nothing contained herein shall prevent, limit or otherwise conflict or interfere with Employer's right to terminate Employee's employment with Employer, consistent with the terms and conditions of this Agreement and Employer's Personnel Policy.

Employer, through its council, in consultation with Employee, shall be permitted to determine any other terms and conditions of Employment, as Employer may deem reasonable, provided such terms and conditions are consistent with the provisions of this Agreement, Employer's Charter, Ordinances, Resolutions and Policies and any other applicable law, rule or regulation.

SECTION 2 SALARY

2.1 Employer shall pay Employee for Employee's services rendered pursuant hereto, a base Hourly Rate of $24.04, this pay increase is in effect this day the 11th of July 2017.

2.2 Employee Shall receive a 2.5% merit increase on October 1st 2017 unless documented reasoning can be shown to prove Employee’s performance is deficient.

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2.3 On October 1st 2018 Employee shall receive a 2.5% raise in addition to his merit increase, both of which will be effective October 1st 2018.

2.4 On October 1st 2019 Employee shall receive a 2.5% raise in addition to his merit increase, both of which will be effective October 1st 2019. All raises past this date will revert to the rules outlined in the Employer’s Personnel Policies.

2.5 If, beginning July 11th, 2017 and during the course of this Agreement, Employee's wages are reduced or a merit increase is not granted, Employee may treat such action as a termination of this Agreement by Employer and the Employee will have the option to resign with the full severance pay allowed in section 5.1 of this agreement at the highest pay rate Employee was making prior to any pay decreases. Per Chapter 3 of the Employer’s personnel policy, merit pay adjustments are limited to 2.5%.

SECTION 3 AUTOMOBILE ALLOWANCE AND BUSINESS EXPENSES

3.1 Employer shall reimburse Employee for travel based on actual mileage in a manner consistent with law and at a rate authorized by Florida Statute 112.061(7)(d)l, Mileage reimbursement shall not be reported on Employee's W-2 and shall not be subject to withholding. Employee shall provide proof of insurance to Council, who shall in council's discretion determine the adequacy of same.

3.2 Employee shall be reimbursed for business expenses incurred on town business. Employer shall provide Employee with the necessary Electronic equipment, i.e. computer and cell phone, to perform the duties of Public Works Director.

3.3 Employee shall be provided with a work truck for all work done with and for the city and will be able to use that vehicle to commute to and from Employee’s home. Employee may also make stops at places of business along the route to and from the Employee’s home for personnel reasons. The specifications of the truck provided to the Employee shall be a ¾ ton truck (or greater), that is no older than ten (10) years old and has an extended cab (or greater), four (4) wheel drive and be able to tow twelve thousand five hundred (12,500) pounds (or greater).

SECTION 4 VACATION AND SICK TIME

4.1 Employee shall accrue sick leave and Vacation leave pursuant to the Town of Lake Hamilton's Personnel Policy.

4.2 In the event Employee's employment is terminated voluntarily per this agreement and Town of Lake Hamilton’s Personnel Policy, Employee shall be compensated for all accrued vacation and sick leave to date in accordance with the Town of Lake Hamilton Personnel Policies.

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SECTION 5 SEVERANCE BENEFITS

5.1 If employment is terminated by the Town Administrator, pursuant to the Town's Charter, Employee shall receive Severance Pay, as that term is defined in §215.425(4)(d) of the Florida Statutes. One (1) month’s severance pay for each year of service, effective the date employee was first employed by the town, not to exceed twenty (20) weeks’ severance pay, pursuant to F.S. 215.425(4)(a)(1). Employee shall be compensated for accrued sick and vacation leave in accordance with the Town Personnel policies and applicable Florida Law.

5.2 In the event Employee voluntarily terminates employment with the Town (except under the circumstance outlined in section 2.5 of this agreement), or is terminated for misconduct as defined in Section 443.036(29) of the Florida Statutes or because of charges and/or arrest for any illegal act which shall reflect adversely upon the Town, then in those events the Town shall have no obligation to pay that portion of the severance sum that represents compensation as defined in Section 215.425(4)(d) of the Florida Statutes unless and until such time as the Employee is found not guilty of any charges by a court of competent jurisdiction or any charges are completely dismissed for reason of innocence or insufficient evidence of guilt to warrant continuation of prosecution and/or as may be further provided for under applicable Florida law.

5.3 Except as otherwise provided in Subparagraph 5.1 and/or 5.2 above, severance shall be paid to Employee in a lump sum when employment is terminated by the Town Administrator, pursuant to the Town's Charter.

5.4 Employee shall give at least a 30 day notice of any intention to separate employment with the Town, in accordance with any restrictions laid out in this agreement.

5.5 If, beginning July 11th, 2017 and during the course of this Agreement, if the Employer violates the terms of this contract (Agreement), Employee may treat such action as a termination of this Agreement by Employer and the Employee will have the option to resign with the full severance pay allowed in section 5.1 of this agreement

SECTION 6 OTHER BENEFITS, RIGHTS, AND OBLIGATIONS OF THE PARTIES

Employer currently has in existence a comprehensive Personnel Policy which sets forth the details of the Employer/Employee relationship. As such, except as otherwise provided herein, Employee shall be entitled to the benefits set forth in the Personnel Policy in accordance with the terms and conditions set forth therein. Correspondingly, where applicable, Employee shall comply with the terms and conditions of the Personnel Policy. For purposes of this Agreement and the application of the Personnel Policy referenced hereinabove, the Town Administrator shall be considered Employee's supervisor.

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SECTION 7 DUES AND SUBSCRIPTIONS

The Employer agrees to pay the reasonable professional dues and subscriptions of Employee for continuation and full participation in national, regional, state and local associations or organizations which Employer and Employee agree are necessary and desirable for Employee's continued professional participation, growth and advancement, and for the good of the Employer. Such dues and subscriptions may include but are not limited to Florida Rural Water Association (FRWA), Florida section American Water Works Association (FSAWWA), Florida Water and Pollution Control Operator’s Association (FWPCOA).

SECTION 8 PROFESSIONAL DEVELOPMENT

8.1 Employer agrees to pay the reasonable travel, registration and subsistence expenses of Employee for travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue appropriate functions for Employer. At Employer's discretion this may include the Annual Conferences to all of the mentioned entities in section 7 of this Agreement and such other national, regional, state and local governmental groups and committees thereof on which Employee serves as a member. Employee shall seek approval from Council prior to incurring any such expenditure. Notwithstanding the above, in the event Employee submits a letter of resignation or resigns within six (6) months after the professional development event, Employee shall reimburse Employer the prorate portion of amount paid by Employer for said professional development event, including but not limited to registration fees, mileage, meals, and hotel expenses.

8.2 Employer agrees to pay for the reasonable travel, registration and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for Employee's professional development and for the good of Employer. Employee shall seek prior approval from Council prior to any such expenditure. Notwithstanding the above, in the event Employee submits a letter of resignation or resigns within three (3) months after the professional development event, Employee shall reimburse Employer for the full amount paid by Employer for said professional development event, including but not limited to registration fees, mileage, meals, and hotel expenses.

SECTION 9 INDEMNIFICATION BOND

9.1 To the extent permitted by law, without waiver of Employer's Sovereign immunities, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Public Works Director.

9.2 Employer shall bear the full cost of any fidelity or other bonds required of Employee as a condition of employment or as required by law.

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9.3 This provision constitutes a term agreed to between the parties hereto and shall not: I) serve as an independent basis of liability to third parties; 2) serve as a provision which benefits third parties; 3) be relied upon by third parties; and 4) extend to persons or entities not parties to this Agreement.

9.4 Notwithstanding paragraph 9.1 above, Employer shall not be liable In tort for the acts or omissions of Employee committed while acting outside the course and scope of Employee's employment or committed in bad faith or with Malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Nor shall the above stated indemnification extend to the vicarious liabilities of Employee or third parties as owner of any vehicle driven by Employee during the course and scope of Employee's employment.

SECTION 10 OTHER TERMS AND CONDITIONS OF EMPLOYMENT

The Council and Employee may mutually agree to modify, amend or fix such other terms and conditions of employment as may be determined, from time to time, to be necessary or appropriate, provided that such terms and conditions are not inconsistent with or in conflict with the provisions of Charter or any other law.

SECTION 11 GENERAL PROVISIONS

11.1 This Agreement, from the time it shall take effect, shall supersede any and all prior Agreements, whether claimed to be oral or in writing. The parties have incorporated in this Agreement their entire understanding. No oral statement or prior written matter extrinsic to this Agreement shall have any force or effect.

11.2 This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, and executors of the Employee.

11.3 In the event any clause or portion of this Agreement shall be held invalid by any Court, it is understood and agreed that such invalid clause or portion of this Agreement shall have no effect upon the validity of other portions of this Agreement, and all of the other provisions of this Agreement shall be valid and enforceable.

11.4 In the event that it becomes necessary for any reason to construe this Agreement as permitted by the rules of evidence of the State of Florida, this Agreement will be construed as being jointly prepared and written by all parties hereto.

11.3 The laws of Florida shall govern the validity, construction, interpretation and effect of this Agreement.

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11.5 Any number of counterparts of this Agreement may be signed and delivered, each of which shall be considered an original and all of which, together, shall constitute one and the same instrument.

11.6 Wherever possible the terms of the Personnel Policy, this Agreement and the Charter shall be read and interpreted as consistent with each other. In the event the terms of the Personnel Policy conflict with the terms of this Agreement, the terms of this Agreement shall control. In the event the terms of the Personnel Policy or this Agreement conflict with the terms of the Charter, the terms of the Charter shall control.

IN WITNESS WHEREOF, the Town of Lake Hamilton, Florida has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its Administrator/Town Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first written above.

EMPLOYER, TOWN OF LAKE HAMILTON, FLORIDA

Marlene M. Wagner, Mayor

ATTEST:

Sara Irvine, Administrator/Town Clerk

EMPLOYEE

Nathan David Lewellen, Public Works Director

134

Type Date Num Memo Split Credit

Ameritas Dental & VisionLiability Check 07/03/2017 15502 010-30323 -SPLIT- 574.84

Bank of America, N.A.Check 06/15/2017 11126 531610 533.731 · Hydrogen Sulfide Debt Service 6,146.95

Blue Cross/Blue Shield of FloridaBill 06/01/2017 June -SPLIT- 10,420.71Bill Pmt -Check 06/01/2017 72813... June 202.000 · Accounts Payable 10,420.71

Board of County Comm- Impact FeesBill Pmt -Check 07/01/2017 15481 202.000 · Accounts Payable 16,179.60

Board of County Commis-Public Servi taxGeneral Journal 06/15/2017 PStax Sales Tax Adj... 314.300 · WaterSales Tax Payment 06/15/2017 15439 -SPLIT- 765.05

Bright House - Town HallBill 06/15/2017 -SPLIT- 334.08Bill Pmt -Check 06/15/2017 15441 202.000 · Accounts Payable 334.08

Bright House - WTPBill 06/21/2017 533.41 · Communication Services 119.16Bill Pmt -Check 06/22/2017 15459 202.000 · Accounts Payable 119.16

Brighthouse - Police DeptBill 06/15/2017 521.41 · Communication Services 104.00Bill Pmt -Check 06/15/2017 15442 202.000 · Accounts Payable 104.00

Cardmember ServicesBill Pmt -Check 06/07/2017 1640CC 202.000 · Accounts Payable 1,640.20

Center State Bank - 941Liability Check 06/07/2017 53117 59-1560134 -SPLIT- 3,955.42Liability Check 06/07/2017 53118 59-1560134 -SPLIT- 1,969.32Liability Check 06/14/2017 614171 59-1560134 -SPLIT- 4,082.42Liability Check 06/21/2017 621171 59-1560134 -SPLIT- 16.84Liability Check 06/21/2017 621172 59-1560134 -SPLIT- 1,810.10Liability Check 06/29/2017 62917 59-1560134 -SPLIT- 3,872.72Liability Check 07/05/2017 70617 59-1560134 -SPLIT- 129.16Liability Check 07/06/2017 706172 59-1560134 -SPLIT- 1,876.38

City of LakelandBill 06/08/2017 RLC0... -SPLIT- 88.00Bill Pmt -Check 06/08/2017 15430 202.000 · Accounts Payable 88.00

ClerkBooks, Inc.Bill Pmt -Check 06/15/2017 15443 202.000 · Accounts Payable 135.95

Colonial Life & Accident Insurance Co.Liability Check 07/03/2017 62918 -SPLIT- 292.76Liability Check 07/03/2017 62919 -SPLIT- 292.76Liability Check 07/03/2017 62920 -SPLIT- 365.95

Dave's Power Equip.Bill 06/02/2017 48721 572.521 · Other Operating Supplies 81.98Bill 06/02/2017 48738 572.521 · Other Operating Supplies 32.37Bill Pmt -Check 06/15/2017 15444 202.000 · Accounts Payable 114.35

Duke EnergyBill 06/07/2017 -SPLIT- 1,142.97Bill Pmt -Check 06/08/2017 15431 202.000 · Accounts Payable 1,142.97Bill 06/21/2017 63017 572.43 · Utility Services 13.50Bill 06/21/2017 0630MB -SPLIT- 123.82Bill Pmt -Check 06/22/2017 15460 202.000 · Accounts Payable 174.02Bill 06/23/2017 0630GP 572.43 · Utility Services 36.70Bill 06/30/2017 -SPLIT- 1,472.23Bill Pmt -Check 07/01/2017 15482 202.000 · Accounts Payable 1,472.23

Dundee HardwareBill Pmt -Check 06/08/2017 15432 202.000 · Accounts Payable 129.78

EnvisorsBill 06/21/2017 753265 535.00 · Sewer / Wastewater Services 20,212.50Bill Pmt -Check 06/22/2017 15461 202.000 · Accounts Payable 5,082.50Bill Pmt -Check 06/23/2017 15474 202.000 · Accounts Payable 9,957.50Bill Pmt -Check 06/23/2017 15475 202.000 · Accounts Payable 20,212.50

Ferguson Enterprises, Inc.Bill 06/01/2017 1606422 533.521 · Other Operating Supplies 685.40Bill 06/15/2017 1609096 533.521 · Other Operating Supplies 381.34Bill Pmt -Check 06/22/2017 15462 202.000 · Accounts Payable 1,066.74

Fields Equipment Company, Inc.Bill 06/02/2017 071441 572.521 · Other Operating Supplies 103.00Bill Pmt -Check 06/22/2017 15463 202.000 · Accounts Payable 103.00

Florida Department of HealthBill 06/20/2017 2107-... 6530977 533.521 · Other Operating Supplies 1,200.00Bill Pmt -Check 07/01/2017 15483 6530977 202.000 · Accounts Payable 1,200.00

Florida State Disbursement UnitLiability Check 06/20/2017 15458 100003517D... 229.010 · Child Support 97.68Liability Check 07/05/2017 15505 100003517D... 229.010 · Child Support 97.68

Flowers Chemical Laboratories, Inc.Bill 06/19/2017 335083 533.46 · Repair & Maintenance Services 60.00Bill Pmt -Check 07/01/2017 15484 202.000 · Accounts Payable 60.00

Frontier DispatchBill Pmt -Check 06/15/2017 15445 202.000 · Accounts Payable 56.00Bill 06/23/2017 060117 521.41 · Communication Services 56.00

GameTimeBill Pmt -Check 06/22/2017 15472 BMP FRDAP 202.000 · Accounts Payable 10,443.71

Haines City HMA Urgent CareBill 06/20/2017 36885... 521.521 · Other Operating Supplies 60.00Bill Pmt -Check 07/01/2017 15485 202.000 · Accounts Payable 60.00

Hamilton CompanyBill Pmt -Check 07/01/2017 15486 202.000 · Accounts Payable 18.95Bill 07/03/2017 3300245 533.31 · Professional Services 18.95

Handy CanBill 06/19/2017 572.46 · Repair & Maintenance Services 85.07Bill Pmt -Check 06/22/2017 15464 202.000 · Accounts Payable 85.07

HD Supply WaterworksBill 06/01/2017 H2658... 533.521 · Other Operating Supplies 642.22Bill Pmt -Check 06/22/2017 15465 202.000 · Accounts Payable 642.22

3:27 PM Town of Lake Hamilton07/07/17 Transaction List by Vendor

June 1 through July 7, 2017

Page 1

135


Home Depot Credit ServicesBill Pmt -Check 06/20/2017 602017 202.000 · Accounts Payable 368.23

International Institute of Mun. ClerksBill 06/08/2017 28043 -SPLIT- 360.00Bill Pmt -Check 06/08/2017 15433 202.000 · Accounts Payable 360.00

Jeffrey S. DawsonBill 06/30/2017 june17 511.31 · Professional Services 1,312.50Bill Pmt -Check 07/01/2017 15487 202.000 · Accounts Payable 1,312.50

John Deere FinancialBill Pmt -Check 06/22/2017 15466 5 100010794 18 202.000 · Accounts Payable 574.22Bill 06/23/2017 5 100010794 18 541.64 · Machinery & Equipment 574.22

Kitto Sheds and EquipmentBill Pmt -Check 06/15/2017 15446 Backhoe 202.000 · Accounts Payable 23.50

Lainier UpshawBill 06/09/2017 120025 533.45 · Insurance 354.00Bill Pmt -Check 07/01/2017 15488 202.000 · Accounts Payable 354.00

Lake Hamilton Petty CashBill 06/30/2017 JUne ... -SPLIT- 148.61Bill Pmt -Check 07/01/2017 15489 202.000 · Accounts Payable 148.61

Larry D. TomlinsonCredit 06/15/2017 donation donate part of... 366.000 · Contributions/Donations-PrivateBill Pmt -Check 06/15/2017 15440 202.000 · Accounts Payable 300.00

Lincoln Financial GroupLiability Check 07/03/2017 15504 GP46958 -SPLIT- 834.80

McGee TireBill Pmt -Check 06/22/2017 15467 202.000 · Accounts Payable 62.98

Micheal KehoeCredit 06/30/2017 Counc... Council pay d... 366.000 · Contributions/Donations-Private

Mid Florida Credit UnionLiability Check 07/03/2017 15503 Freeman 229.005 · Credit Union Savings 125.00

Ms. Brittney SandovalsotoBill Pmt -Check 06/15/2017 15447 202.000 · Accounts Payable 28.48

Municipal Code CorporationBill Pmt -Check 06/15/2017 15448 202.000 · Accounts Payable 2,548.36

Napa Auto PartsBill 06/08/2017 093738 521.46 · Repair & Maintenance Services 17.47Bill Pmt -Check 06/08/2017 15434 202.000 · Accounts Payable 17.47

News ChiefBill Pmt -Check 06/08/2017 15435 202.000 · Accounts Payable 439.00

Odyssey Manufacturing CompanyBill Pmt -Check 06/15/2017 15449 202.000 · Accounts Payable 748.60Bill 06/22/2017 265452 533.521 · Other Operating Supplies 741.00Bill Pmt -Check 07/01/2017 15490 202.000 · Accounts Payable 741.00

Omni Waste of Polk CountyBill 06/02/2017 11047 534.34 · Other Services 100.00Bill 06/09/2017 11097 534.34 · Other Services 600.00Bill Pmt -Check 06/15/2017 15450 202.000 · Accounts Payable 1,920.00Bill Pmt -Check 06/22/2017 15468 202.000 · Accounts Payable 700.00Bill Pmt -Check 06/22/2017 15473 202.000 · Accounts Payable 1,200.00Bill 06/23/2017 11165 534.34 · Other Services 300.00Bill 06/23/2017 11137 534.34 · Other Services 100.00Bill Pmt -Check 07/01/2017 15491 202.000 · Accounts Payable 400.00

Pitney Bowes - PostageBill 06/23/2017 10042... -SPLIT- 143.58Bill Pmt -Check 06/23/2017 10042... 202.000 · Accounts Payable 143.58Bill 06/23/2017 -SPLIT- 1,103.61Bill Pmt -Check 06/23/2017 0622175 202.000 · Accounts Payable 1,103.61

Polk County Sheriff's OfficeBill 06/12/2017 2012174 521.41 · Communication Services 72.00Bill Pmt -Check 06/22/2017 15469 202.000 · Accounts Payable 72.00

Polk Regional Water CooperativeBill 07/01/2017 81 511.31 · Professional Services 237.50Bill Pmt -Check 07/01/2017 15492 202.000 · Accounts Payable 237.50

Preferred Governmental Insurance TrustBill 06/01/2017 49339... 511.24 · Workers' Compensation 1,856.67Bill 07/01/2017 05320... 511.24 · Workers' Compensation 1,856.67Bill Pmt -Check 07/01/2017 15493 202.000 · Accounts Payable 1,856.67

Preferred Materials, Inc.Bill 06/22/2017 686986 541.46 · Repair & Maintenance Services 66.66Bill Pmt -Check 07/01/2017 15494 202.000 · Accounts Payable 66.66

Ray GraphicsBill 06/16/2017 047578 533.521 · Other Operating Supplies 10.00Bill Pmt -Check 07/01/2017 15495 202.000 · Accounts Payable 10.00

Republic ServicesBill Pmt -Check 07/01/2017 15496 202.000 · Accounts Payable 7,167.06

Sara K. IrvineBill 06/22/2017 FGFO... mileage and ... 513.40 · Travel and Per Diem 123.00Bill Pmt -Check 06/22/2017 15470 mileage and ... 202.000 · Accounts Payable 123.00

StaplesBill 06/02/2017 4655 60355178201... 513.52 · Operating Supplies 46.55Bill Pmt -Check 06/02/2017 1111 60355178201... 202.000 · Accounts Payable 46.55

Sunshine State One CallBill Pmt -Check 07/01/2017 15497 202.000 · Accounts Payable 26.73

Sunstate MeterBill 06/02/2017 54029 533.46 · Repair & Maintenance Services 798.00Bill 06/06/2017 54055 533.632 · Water Distribution System 10,550.00Bill 06/14/2017 54170 533.46 · Repair & Maintenance Services 467.89Bill Pmt -Check 06/22/2017 15471 202.000 · Accounts Payable 17,501.38

Ted's FirearmsBill Pmt -Check 06/15/2017 15451 202.000 · Accounts Payable 763.37

The HartfordCheck 06/15/2017 28366... -SPLIT- 1,264.96Check 06/30/2017 10457 -SPLIT- 1,264.96



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The Trophy ShopBill Pmt -Check 06/15/2017 15452 202.000 · Accounts Payable 25.00

Tires UnlimitedBill 06/02/2017 81718 521.46 · Repair & Maintenance Services 48.23Bill Pmt -Check 06/15/2017 15453 202.000 · Accounts Payable 48.23Bill 06/23/2017 82029 521.46 · Repair & Maintenance Services 31.41Bill Pmt -Check 07/01/2017 15498 202.000 · Accounts Payable 31.41

Town of Lake Hamilton Water ExpensesBill 06/15/2017 -SPLIT- 137.04Bill Pmt -Check 06/15/2017 15454 202.000 · Accounts Payable 137.04

Tri-Sure Corporation Inc.Bill Pmt -Check 06/23/2017 15476 202.000 · Accounts Payable 488,206.80

Unifirst CorporationBill 06/07/2017 2183615 -SPLIT- 99.66Bill 06/14/2017 2186544 -SPLIT- 90.21Bill 06/21/2017 2189497 -SPLIT- 91.91Bill 06/28/2017 2192435 -SPLIT- 96.87Bill Pmt -Check 07/01/2017 15499 202.000 · Accounts Payable 378.65

Verizon Wireless - Air CardsBill 06/23/2017 521.41 · Communication Services 360.17Bill Pmt -Check 07/01/2017 15500 202.000 · Accounts Payable 360.17

Verizon Wireless cellBill Pmt -Check 07/01/2017 15501 202.000 · Accounts Payable 56.29Bill 07/03/2017 -SPLIT- 56.29

Wells Fargo PD CopierBill 06/15/2017 521.44 · Rentals & Leases 689.87Bill Pmt -Check 06/15/2017 15455 202.000 · Accounts Payable 689.87

Wells Fargo TH CopierBill 06/15/2017 -SPLIT- 290.73Bill Pmt -Check 06/15/2017 15456 202.000 · Accounts Payable 290.73

Wex BankBill Pmt -Check 06/14/2017 0613171 SunTrak 202.000 · Accounts Payable 375.39Bill 06/23/2017 74915 Racetrac -SPLIT- 749.15Bill Pmt -Check 06/23/2017 11125 Racetrac 202.000 · Accounts Payable 749.15

White's HardwareBill Pmt -Check 06/15/2017 15457 202.000 · Accounts Payable 64.41

ZabattBill Pmt -Check 06/08/2017 15436 202.000 · Accounts Payable 1,255.00

Zambelli FireworksBill 07/03/2017 514046 511.48 · Promotional Activities 5,000.00Bill Pmt -Check 07/03/2017 15477 202.000 · Accounts Payable 5,000.00



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