this the uh 6th of March at 5:30 plus p.m. um roll call please yes sir commissioner dollson here mayor proem Yates here and mayor Birdsong here all right then we will have an invocation and then we'll have a pledge of allegiance and then presentations [Music] um are we going to do all of them the two Monday or are we going to do one those are um those are both uh proclamations for uh Irish American heritage month and and government funds I see okay all right then we'll have the minutes and then we have an audinate second reading um we reviewed this um this will be our third review is are there any changes uh no I just want to if there's any questions from the Commissioners on that um again this is just I don't know how else to present it other than we have this is where the from my office I can make movement within a fund of of dollars it doesn't increase the overall expenditures but allows for transfer within the cost centers within a specific fund and then that's ratified uh consistent with what's in our Charter um it just gives me the opportunity to do that during the year and allows for more consistent and accurate budgeting throughout the year and certainly helps us with the preparation of future year budgets okay all right and then the 02412 is just dealing with fences and walls and so we've had a discussion on that so are there any questions Commissioners about that all right and the firefighters uh retirement system we've had a discussion about that in the amendments are there any questions about that all right okay so then we'll move on to the consent agenda um summer camp bus lease that's we do that every year yes sir this is a running three buses from the school system we actually hire the drivers we pay for the fuel and a fee for the buses themselves um and that is incorporated into our cost of operating the program okay thanks and then the next one is just Central Florida Regional planning Council for me and uh then 10c the collateral assignment of developers agreement with rain Dan I'm going to ask Eric to just hit on that quickly this is a little more it's it's high level but it's relatively complicated so um mayor Commissioners the um as you may recall back in 2020 we entered into a developers agreement with rain dance Winter Haven LLC that was for the um the Tiff incentives for the rain dance Apartments which are now constructed and occupied um they uh they formed a new entity um called rain dance Winter Haven we assigned the developers agreement to rain dance Winter Haven back in June of 20121 they they then received construction financing through uh Hall Winter Haven LLC um there was a $16.7 million loan associated with that and so we did a collateral assign ment of the developers agreement um that was uh approved by you all in I believe it was June of 2021 um so that they could use the developers agreement as as collateral in that construction those construction loan documents um now they are transitioning from the construction loan to the permanent financing and so the permanent financing is with Hall winter I'm sorry shelter growth Master uh commercial real estate credit fund A5 no that's for LP um this is the permanent uh loan uh financer for the project and so it is uh we are asking for your acceptance and acknowledgement uh to assign it for an assignment of the previously collateral assignment of the developers agreement um essentially it is uh simply moving this uh developers agreement and its terms and obligations um forward to the the new fin permanent loan financer doesn't change anything in the developers agreement um as far as terms or obligations uh in that respect and John can fill in any blanks that I may have left Eric you did a very good job of explaining and um obviously there are um it's you know this is a construction loan to permanent loan and they the new lender would like the benefit of this collateral assignment as as it suggests additional collateral to secure the loan that they're going to be making and so um they've uh uh given us the name of the of the holder of the permanent financing and one of their entities there is also noted uh in the in the collateral assignment document and so um basically that's it's just an assignment of the existing collateral assignment and and as Eric suggested no no substantive terms or conditions change what we will want to be careful about from the staff side when it comes time to actually pay the Tiff that we coordinate that with whomever the appropriate entity is so that we pay the Tiff to the proper entity um when that Tiff comes due my understanding is that didn't go on the roles until this year right it it'll generate a tiff next year next year next year so we won't be we've already paid the water and wastewater impact uh refund um but $234,000 that's already been paid because those improvements have been accepted so all any questions all right um FL of Housing Finance Corporation incentive strategy report so mayor and Commissioners the uh within the Sadowski ask Sadowski affordable housing act it states that ship jurisdictions are required annually to con their aack to review the current incentive strategies complete the housing incentive strategies report uh which allows recommendations to be made to the governing body and then transmit that to the Florida Housing Finance Corporation so the aack convened on uh February 13th of this year for the purpose of reviewing the incentive strategies that are in play as well as those that are not the committee determined to leave the six existing strategies uh in play at this point the committee then recommended staff prepare the incentives strategies report we came back on February 21st um I'm sorry on February 26th and met that meeting had to be properly noticed within a newspaper which it was noticed as such and was a public hearing um the housing incentive strategy report was discussed and uh the aack accepted the report making the recommendation that it be forwarded to the city commission for final approval and transal Florida Housing Finance Corporation so that's what you have in your packet is that report that speaks to the six strategies that we're have in play today um commissioner dancer is a voting member of the ahck and maybe able to offer additional comments on that I will'll say that the ahck is going to meet again on March 18th and that agenda will be focused on reviewing the first six of all 11 strategies uh in or incentive packages uh to determine if we uh have uh if there's favor to advancing any of those that we're not currently doing and and uh what that might entail do you want to add anything commission dler well I'll I'll tell the commission is your your ahat committee is fully involved now and great they uh it's all hands on deck and if we get one more in person we may have to move our meetings to the across the street so I I'm encouraged with what we're what we're seeing from that committee all right thank you all all right then 10 e is uh Tren ne's lead cast software yes sir um mayor Commissioners if if you would allow me I'd like Gary hubber to um give you just a quick overview of the epa's uh lead service lines uh program that is in play It's the lead and copper rule improvements that has specific requirements of What Not Just City of Winter Haven but every water provider across this country has has to comply with and this has uh this is what this item is about so I think it's important you understand the background because this is going to have a lasting impact for Winter Haven so Mr hubard uh thank you city manager uh good evening mayor City commissioners excuse my attire I've been cooking today so we we had we had a great event today at the employee it was good too yeah it was good the food was really good so uh EPA has been working a while now on uh how how we contain lead and the effects of lead on our citizens so you know this really came to light with the Flint issue uh back some years ago where they changed their water supply and that led to some issues with coatings on the interior of the pipe exposing the lead pipes to the actual water itself and as you know some people actually went to jail because of that so um this is epa's effort to make sure that we address uh lead throughout all of our communities uh especially for our our schools our dayc carees our uh disadvantaged areas to make sure that we're protecting our citizens as much as possible so that's what this effort is all about uh it's a a daunting task I'll be very honest with you um we have to identify any lead in our system and with that I'm going to show you what I'm talking about this is a lead a piece of a lead goose neck and typically these are 24 to 36 in long but this is the left go and it's s don't use it as a straw don't so we have um let me um provide a little more background lead was banned uh in the United States and in here here in Florida in 1988 so any home that was built before 1988 might have lead we don't know and of course the only way to determine if there's lead is to dig it up that's a lot of work in our case let me get my notes out here that's 24,600 HS what that were built before 1988 which is 58% of our service area the likelihood is what the likelihood that it would be led is what what other what other materials would have been used in in that before that time copper uh galvanized but galvaniz can be an issue also if it's Downstream of lead it also has to be removed so we have started EPA is is going to require us to complete a service line inventory of our water system by October 16th of this year we have already started that inventory we've already uh been to all of our schools all of the registered daycares to determine if they have led it's almost impossible for us to do 24,600 homes between now and October so this item that you have on the agenda is to assist us with using machine learning or AI to help us pinpoint where the highest possibilities are LED in our system so this will cut down on the amount of services that we have to actually dig up so right now we have uh our crews out working every day and they are digging up with the back trucks to get down so it's a soft dig you know they're not actually shoveling but they're um they have to check the customer side and the city side and if it's if we find lead then we have to notify the customer as part of this also part of the inventory story we have to publish online a map of some sort that says we have lead at this location at this house so it's a very extensive program uh and I'm going to share you share with you uh some of the information that our customers going to see and where we are currently with our explorations [Music] and we're just talking about the pipes that lead up to the house like it's not what's in the house necessarily it's our pipes that are that we're responsible for so we are responsible from the main in the street to the to the meter to the meter yeah okay but if we find lead um on the customer side we need to notify that customer and are they required to then replace it or is that their prerogative that's their responsibility I mean but they it's up to them whether they replace it or not right it's up to them whether they replace it and then I would assume if they ever sold that home they would have to disclose they would have to disclose that you know lead was found thank you so as I said we you know we've already done the schools because that's really you know one of the important things is um we found we did find lead at one of the schools we went to 30 schools and dayc carees and found one that's at Brigham School the north central support services and we will be replacing that lead service next week during the school school break while they're out of school so that one will be taken care of beyond the schools we've our crews have uh excavated 109 residential and found three lead services in those and we'll be notifying those those homeowners that we have found lead and that's on the homeowner side or is it on the city Side City side right so we will course have to go through the entire system and then a year from now we have to submit to EPA a replacement plan where we have to replace these services so it's this is going to be an ongoing effort for many years this is just the first step in it the agenda item that you have for Monday is to help cut down on the amount of physical digging that we have to do to identify where lead is in our system this approach has been approved by d uh it was first brought to D by uh J JEA up in Jacksonville um they had used it in their system and they've got it approved by the state so it's it's a good thing it's not very expensive either considering the magnitude of the the entire program um I believe the total 81,000 that's a 2-year agreement to R use this software to assist our crews so Gary a couple questions would you mind speaking to uh asbest as well as lead I know we had this conversation several years back it was it was sure several people talk about that is that covered by this act and do we need to deal deal with that one like we're doing lead and what in your opinion was more dangerous to our consumers lead or or asbestos um the the lead is is by far more dangerous than asbest the asbestos pipe because it's it's wet um it's it's doesn't really have an effect on the citizens because it's not a fiber the asbest is when it becomes dry and becomes fibrous can get into the atmosphere then it can get into the lungs and that's where you have the problem so if you injust if you injust it doesn't create the same problems if you bre it does not create the same problems correct but do we don't we have a whole bunch of asbest lines that we're dealing with or yeah yes we have um best I can figure about 49 miles wow that's pretty that seems significant to me that's pretty significant yes of asbest asbest pipe right we have uh we have 153 miles of pipe that is less than 4 in in diameter that's going to have to be addressed at some time most of this pipe that's that small um we have 16 miles a 2in pipe in the ground most of that is probably galvanized that's going to have to be replaced I mean we you areas you know the Inwood area is is a prime example of that where there's 2in pipe and does Galvanize mean lead does not mean lead but it it could if it's Downstream from a lead connection then it has to be removed okay okay also uh Gary don't we it's a it's basically a natural fact that a lot of our infrastructure underground infrastructure for water it's got to be replaced at some point yes sir I mean you know if you think about it if you could get a 100 years out of your your piping system you should be replacing 1% a year because then it's 101 years 102 years so um are we at that point where we're placing uh 1% I'll be honest no we're not but that's something we're going to have to tackle in the future and I was speaking with CJ earlier this evening about the need to establish a RNR fund to address these these longterm issues into the future Gary I I I completely understand what predictive modeling is when it comes to finance and stock markets and things like that but I don't understand how that works with pipes and is the is the concept what MJ had us doing with roads we're we're going to model which ones are the worst and we're going to fix them first is that what the predictive modeling is all about or so our our crews are kind of doing some predictive modeling right now as they're working out in the fields they'll they'll go to a street and they'll take the first home on the street and then they'll go maybe 10 or 15 homes down and do the next one okay so if if we find lead at either end then we know that we need to to look at every one of those on that street I get that okay okay the predictive the model is going to kind of do that same thing it's going to take the information that we feed it and it's going to say oh you need to go to 6th Street Southwest because that's where we found that piece of lead okay so it basically takes all the data and it you you feed it the data it it analyzes it it it boils that down you go back through that you feed from that a new set of data it boils it down you go from that you feed it a new set of data and it gets to this 95% confidence in in where that is but the DAT is coming from our people right we're digging and putting it in the computer you have to you have to um yes you have to be gathering the information on the front end but then it allows you to apply that on a much broader scale so that you're not going into every single property and putting a a v truck in there this is not like the roads where we ranked our roads and we started if it's got lead it's coming out regardless right that's that's correct it's going to come out it's it's a daunting project I well I I will say this what they've already done with the schools and the daycares that is kind of like PCI okay we've got to really tackle these These are critical infrastructure pieces and that case right so that that is the first step in it but but the PCI approach is a little different on roads yes sir I'm just curious G there is no um system that that actually could allow you to X-ray and magnets get some big magnets we um I mean we do use technology to identify the location of our our Mains but it it's not able to pick up the the type of material somebody need to invent it there you go as as a homeowner um if you have been notified that you have Leed um I'm assuming that there's there is a deterioration I guess the quality of of water uh or lead being present in in the in the in the water is there will will there be any type of testing that you know homeowners would be able to know in other words to know what level they are if if this is at a high level or a dangerous level fact is there is already apparent but there there is a testing phase to this also um there are uh some of these filters like Brea those types of filters um are effective in moving removing lead and for example if we find lead at uh on our side and don't replace it then it's going to be our responsibility to provide those pictures so a little bit about what what our crews have been working on you have a map okay I think we theyve been working on this pardon I think we had a question Trac had a question pull your mic over commission merer thank you currently we already test for lead and copper in the water coming from the wells and everything so it's not there in the in the wells it would have to be in the distribution line yeah the other thing is is that any pipelines built after 1989 January 1 1989 that's correct they don't contain lead they ruled that out in materials in 1989 so and Commissioners you know this is this is a a heavy topic this is something that is applied to every water system in America this isn't Winter Haven Florida you you you've done wrong we're coming to get you this is out of the issues in Flint Michigan that led to changes in regulatory practices the EPA has come forward and said every water system in America will do this inventory by October 16th of 2024 um and so I wanted you to have an awareness of that that that's that's what's on the horizon and then you come behind that with G I believe it's a 10-year replacement schedule to go into you know addressing the issues where you have it and I know Gary's going to talk about where we've been working but the the reason this is significant that predictive modeling piece of getting that underway so we can get the sooner we can get the inventory done and it's going to take a while to do it I mean it's not like you just feed in a couple little data cubes into a computer system and it blurts out what you need there is there is a lot of effort that still has to happen on staff's side to to give it the data to build that data so it can learn through that process this is where you're most likely to have it and get to that 95% confidence um and that's the item that that you know we're asking you to approve this evening but Gary you want to talk about what we're doing since the the start of the calendar year our staff has has begun the the soft digs with the the VAC trucks and in the map that you have in front of you highlights the areas that have been completed to date so it's basically um everything north of Havendale and they're working in Inwood right now and they've got about looks like about 50% of Inwood done so they're making substantial progress they're they're averaging somewhere about 7 to eight um uh addresses per day so that's a that's a pretty good start but the seven to eight addresses keep in mind again they're starting at one end of the street and the other end of the street so they're averaging probably more like uh you know 10 40 50 homes a day something like that one last this might sound silly but have you ever seen those shows magnet fishing where they take magnets and throw them out in rivers and pull them in and they pull up coins and gold and stuff is lead does it attract the magnets you know what's that pip I don't know if it's does or not I'm just saying I don't think it does no oh so it does yeah this one doesn't all right well never mind then I was going to solve our problems first get a bunch of magnets and roll them down and see where they come through then you know you're okay um never mind so I think that's that's the gist of it so that you have an awareness of you know this is this is yeah one item of of $81,000 worth of software to help us do the predictive modeling but it is a critical piece in a much larger Nationwide effort to deal with um lead pipe and galvanized pipe that needs replacement because of its it's uh proximity to lead pipe all right thank you thank you all right then we go to our um resolutions number 14 is just the accept that's the saw property that we had swapped with but 17 is um that is the acceptance of a uh small piece of property that is on us7 right there across from Wawa there's going to be a um a Sunny's barbq to be built there and they had um had conveyed a a section of land there that already has a sidewalk on it the sidewalk I believe MJ was built during the car wash construction so it's just a conveyance of that to us okay thank you now this is uh first reading 0249 yeah these are first readings this is a property that is um down to the southeast end of town J if you can get me there um so it's zoning and land use on a 19.2 n plus or minus Acres uh this is so if that road if you go to the far left of your screen where it cuts back to the north that is 653 so going up past the new development the regie bter has developed as well as the South Point Elementary that gives you some general ideas to where this is okay and 02410 is just the zoning yes sir all right 0 2413 yeah this one pertains to um the uh allowance of pharmaceutical facilities and for that matter um medical marijuana within the MX zoning category um Eric you want to speak to this one in a little more detail this is pretty straightforward but it can maybe get it a little sideways yeah so as as you may remember back in 2018 the Florida legislature um adopted regulation saying you had to regulate pharmacies in the very same manner that you regulate medical marijuana um dispensaries um with regard to zoning and and and the like and so so we developed those regulations um they're haven't been changed in Our Land Development code since we adopted those um currently both pharmacies and medical marijuana um facilities are not permitted uses within the MX zoning District um within uh properties that are zoned INX however there are medical clinics and there in in particular there are two large U medical clinics within the MX zoning district and so um this is an amendment to that section of code that would allow pharmacies and um because you have to treat them the same as medical marijuana facilities um potentially medical marijuana dispensary as what we call an accessory use to only me U medical clinics so a medical clinic is a a medical office that has three or more practices within the building um and so if you wanted to put a pharmacy um as an accessory use to a medical clinic so in the same building and it's the accessory um use to that uh this would allow that to happen through a special use approval process so there are a lot of checks and balances we have in here but um they could apply for special use approval public Hearing in front of the Planning Commission to allow for a pharmacy as an accessory use to a medical clinic only um in and that would be in in the MX zoning District I remember uh when this was originally passed and everything there was some discussion about whether or not those dispensaries could be within a certain area of Y schools and and that sort of thing so this does not change those regulations all of those are still in place they cannot be within 500 ft of a uh Elementary School Middle School secondary school public or private um those even if there was a even what I'm and I'm just asking if you had the medical facility that was in that location and I'm just I'm thinking of I'm let's just use a hypothetical example uh down on First Street with Central Florida Healthcare if that's a medical fac faity and if they wanted to put a and I'm not saying they would right then that would that would how would that be handle because you got a church you got not necessarily a school well I think Bond Clinic might be a good example of that so Eric you have bon Clinic you have Brigham Elementary across the street in Dennison Middle School merely adjacent how does that play in so so if it was a pharmacy the that restriction is not in place a pharmacy could go in but a medical marijuana facility could not they have to meet that 500 foot separation that's what I didn't understand correct okay all right thank you makes sense you got it any other questions can I get just a couple examples of of mxs around town Bond Clinic yeah Bond Clinic out out on um the the other side of First Street out on right yeah y I mean is there any nonmedical mx's that's what I'm trying to think of yeah so MX a mixed use District that allows for both residential and non-residential uses um and so uh most of MX is actually non-residential most of it are offices um you know both professional offices and medical or dental type offices are most of the MX uses um but like I said there are some larger clinics that are in MX um so this would allow the opportunity for a pharmacy um to go in those locations um but because we can't regulate medical marijuana any differently what I'm thinking of is are there any like shopping plazas would that be MX or that those generally are are larger in scale and they'd be most of them to my knowledge would be C3 um zoning District not MX MX is generally a smaller District smaller Parcels okay any other questions uh we have no new business city manager City attorney Deputy city manager city mayor I had a question yes last week we dealt with two pieces of property from Mr Cameron and from Mr dudy um did we make contact with them have we agreed on everything is that moving forward or where are we with that John um well we I presume that we're Eric is talking with Mr dudney but we've discovered that the property that Mr Cameron wanted a the there's two pieces involved one of them was do deeded to us by the fdot with a WR of reverter and so had a reverter yeah so we will not be able to dispose of that property well but but Mr Cameron's reached out to the do and he's working those parameters so there may be still an opportunity to move those two Parcels forward yeah you completed my sentence cuz I was going to say I suggested I wasn't sure if You' had been briefed on that yet or not I I wasn't briefed on that particular issue but my suggestion to Eric was that we we or someone try to get dot to you know release that that Ball's rolling so if it's rolling then good it's the same size it's just got we own part of it and D owns two separate Parcels one parcel we got is a smaller piece from West philia Corporation yeah no restrictions on that the other piece we got from the D when they concluded their but it's still that kind of tiny little piece it's still all part of that but the whole thing's like18 Acres or something like that my understanding is the larger piece is the what was the dot piece and that was landscaping and different things Mr dunne's moving forward as far as you know yes okay Y and that we're good on that we'd already checked that prior to that yeah any other question there was some on that item just so the commission's aware there was uh some media coverage that was grossly inaccurate um that was brought to our attention and we coordinated through Katrina Hill's office to make sure that the facts were corrected within that where there was there was a it was a article within one of the local newspapers that suggested the city had given away all that property and didn't contemplate the the cost on the Cameron piece huh I didn't see that I didn't see it any other questions any other comments uh just a I'll remind the commission Monday evening but I will be out of the office next Tuesday uh through Friday I will uh leave an Able Body in my stad and um but I will be here Monday and mayor and commission I I will not be here Monday um Mr Crawford with my office will be here and um but I'll be back on Wednesday party all right what can we get done on Monday the city turny and City what is it we want to do guys I'll be here he won't be yeah so I want in on the deal too all right are there any other comments concerns statements if not motion to adjo we stand adjo